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3 . In order to guarantee performance of this contract , Developer shall <br /> simultaneously herewith furnish a performance bond underwritten by a surety insurer <br /> authorized to transact such business in this state , which shall remain in full force and <br /> effect until at least ninety (90 ) days beyond the date set forth in paragraph 1 , or until the <br /> covenants of this contract have been fully complied with and satisfactorily completed as <br /> determined by the County pursuant to paragraph 5 below, in a form to be approved by the <br /> County, with Developpr as principal and NI) r4- h A me rr Car) Spec / Q4ti <br /> �►'1 CD tl as the surety , in the amou t of <br /> $ ' ,`A , i5 71 - 0 , which amount id not less than one hundred fifteen percent ( 115 °/x ) <br /> of <br /> the estimated total cost of improvements remaining to be constructed , as determined in <br /> accordance with the County's Subdivision and Platting Ordinance . It is understood that <br /> the full amount of the guaranty shall remain available to the County and shall not be <br /> reduced during the course of construction without an express written authorization from <br /> County. Requested reductions shall not be unreasonably withheld by the County. <br /> Developer may at any time substitute guarantees , subject to the approval as to form and <br /> amount by the County. <br /> 4 . Up to $ 1 , 000 , 000 . 00 , or the limits of any applicable underlying or excess <br /> insurance coverage carried by Developer or to be obtained during the course of the <br /> 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 loss <br /> of life , arising from the negligent acts or omissions of the Developer, its officers , <br /> employees , agents , or contractors , subcontractors , laborers , or suppliers , relating to the <br /> 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 Records of <br /> Indian River County, Florida upon a finding as to compliance with all applicable provisions <br /> of the County's Subdivision and Platting Ordinance and upon execution hereof. The <br /> County shall accept those areas specifically dedicated to the County for the purposes <br /> indicated on the plat at the time of plat recordation . However, nothing herein shall be <br /> construed as creating an obligation upon the County to perform any act of construction or <br /> maintenance within such dedicated areas until such time as the required improvements <br /> are satisfactorily completed . Satisfactory completion in accordance with the land <br /> development permit, plans , specifications , and ordinance requirements of Indian River <br /> County shall be determined by the County and shall be indicated by specific written <br /> approval of the Public Works Director or his designated representative , after receipt of a <br /> signed and sealed Certificate of Completion from the project engineer of record . <br /> 6 . In the event the Developer shall fail or neglect to fulfill its obligations under this <br /> contract and as required by the Indian River County Code , the Developer, as principal , <br /> 2 <br /> F:Wttorney\Nancy\DOCS\PLAN\k for constr w perf bond black bear.doc <br />