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l Rug 15 05 07e52a Indian River County 772 - 770 - 50 5 p . 18 <br /> 6 . The County agrees to issue building permits anc Certificates <br /> of Occupancy prior to the installation of required sidewalk improvements so long <br /> as Developer is not in default of the terms of this Contract. <br /> T In the event the Developer shall fail or neglec to fulfill its <br /> obligations under this contract and as required by the Code of Laws and <br /> Ordinances of Indian River County , Florida , the Developer , as principal , and the <br /> funds in escrow deposit shall be jointly and severally liable to pay for the cost of <br /> construction and installment of the required sidewalk improvement to the final <br /> ll <br /> total cost , including but not limited to engineering , construction legal and <br /> contingent costs , including reasonable attorney' s fees incurred by the County, <br /> together with any damages , either direct or consequential , which the County may <br /> sustain as a result of the failure of Developer to carry out and execute all <br /> provisions of this contract and applicable ordinances of the County. <br /> 8 . The parties agree that the County at its options all have the <br /> right , but not the obligation , to construct and install or , pursuant t receipt of <br /> competitive bids , cause to be constructed and , installed the required <br /> improvements in , the event Developer shall fail or refuse to do so in accordance <br /> with the terms_ of this contract Developer expressly agrees that the County may <br /> demand and draw upon the cash deposit , for the final total cost of the <br /> improvements . Developer shall remain wholly ,li,able .fo. r any resultingdeficiency , <br /> should the cash deposit be exhausted prior to completion of the required <br /> sidewalk improvements . In no event shall the County be obligate to expend <br /> public funds , or any funds other than those provided by the Devel per, or the <br /> letter of credit to construct the required sidewalk improvements . <br /> 9 . Any cash deposit provided to the County by Developer with <br /> respect to this contract shall - exist solely for the, use : and benefit of the County <br /> Ji <br /> and shall , n.ot be construed or intended in any .,way ,i 'expressly orimpliedly, to <br /> benefit „ or secure payment to iany subcontractor; laborer, materialm n or other <br /> party ' providing labor; " material , supplies , or services for ; construe ion of the <br /> required improvements , or to benefit any .lot pu ,rchaserl . unless he County <br /> shall agree otherwise in writing . <br /> 10 . This agreement is the full and complete understan ding of the <br /> parties and shall not be construed or amplified by reference to any other <br /> agreement , discussion , or understanding , whether written or oral , except as <br /> specifically mentioned herein . This agreement shall not be assigned without the <br /> express written approval of the . County , Any amendment , deletion , modification , <br /> extension , or revision hereof or hereto shall be in writing , executed by authorized <br /> representatives of both parties ; <br /> l it <br /> 3 <br /> 4000 <br /> F:\Attorney\Nancy\DOCS\PLAN\sbrookf'ield at trillium ace side k.doc <br />