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02/11/2014 (2)
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02/11/2014 (2)
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Last modified
3/29/2018 4:25:37 PM
Creation date
9/25/2015 5:41:51 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/11/2014
Meeting Body
Board of County Commissioners
Book and Page
244
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• <br />• <br />2. Developer agrees to construct said improvements strictly in <br />accordance with the land development permit, the most recent set of plans and <br />specifications for this subdivision approved by the County and on file in the Planning <br />and Development Division and all County development regulations and standards, <br />including conditions and requirements of any applicable County right-of-way permit all <br />of which are hereby incorporated by reference and made a part hereof. <br />3. In order to guarantee performance of this contract, Developer has <br />simultaneously herewith furnished either a cash deposit (with accompanying cash <br />deposit and escrow agreement between Developer and the Indian River County Office <br />of Management and Budget, as the escrow agent) or an irrevocable letter of credit <br />presentable in Florida by a banking institution authorized to transact such business in <br />this state and having an expiration date of not Tess than ninety (90) days beyond the <br />date set forth in Paragraph 1, in the amount of $97,906 02, which amount is not less <br />than one hundred twenty-five percent (125%) of the estimated total cost of <br />improvements remaining to be constructed as determined in accordance with the <br />County's Subdivision and Platting Ordinance. It is understood that the full amount shall <br />remain available to the County and shall not be reduced during the course of <br />construction Developer may at any time substitute guarantees, subject to the approval <br />as to form by the County. <br />4. Up to $1,000,000.00, or the limits of any applicable underlying or <br />excess insurance coverage carried by Developer or to be obtained during the course of <br />the construction of the subdivision. improvements, Developer agrees to indemnify, hold <br />harmless, and defend the County against any and all claims, damages, losses, and <br />expenses, including attorney's fees, for property damage, personal or bodily injury, or <br />loss of life, ansing from the negligent acts or omissions of the Developer, its officers <br />employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to <br />the construction of the required improvements, including all those improvements to be <br />constructed on existing publicly dedicated or County -owned property, such as street, <br />sidewalk bikepath, lighting, signalization, traffic control, drainage water, or sewer <br />improvements. <br />5. The County agrees to approve the plat for recordation in the Public <br />Records of Indian River County, Florida upon a finding as to compliance with all <br />applicable provisions of the Countys Subdivision and Platting Ordinance and upon <br />execution hereof The County shall accept those areas specifically dedicated to the <br />County for the purposes indicated on the plat at the time of plat recordation. However, <br />nothing herein shall be construed as creating an obligation upon the County to perform <br />any act of construction or maintenance within such dedicated areas until such time as <br />the required improvements are satisfactorily completed. <br />Developer shall remain responsible for utility meter boxes to be in good <br />repair and not covered with soil for the 1 -year maintenance period commencing after <br />County issuance of a Certificate of Completion. Notice of this ongoing responsibility <br />shall be provided by Developer to any subsequent builder/owner. <br />2 <br />70 <br />
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