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Rug 15 05 07 : 57a Indian River County 772 - 770 - 50195 <br /> W. <br /> 2 . Developer agrees to construct said improvements strictly in <br /> accordance with County policies for sidewalk construction as those policies <br /> relate to location , method and type of construction , and all County development <br /> regulations and standards , including conditions and . requirem nts of any <br /> applicable County right-of-way permit, all of which are hereby incorporated by <br /> reference and made a part hereof. <br /> 3 . In order to guarantee performance of this contract , Developer <br /> shall simultaneously herewith furnish an executed cash deposit and escrow <br /> agreement in a form to be approved by the County , naming Developer and the <br /> Indian River County Office of Management and Budget , as the esc ow agent, in <br /> the amount of $ 30 , 616 .25 , which ., amountis not less than one hu dred twenty- <br /> five percent ( 125 % ) of the estimated total cost of improvements remaining to be <br /> constructed , as determined in accordance with the County's Subdivision and <br /> Platting Ordinance . It is understood that the full amount of the escrow deposit <br /> shall remain available to the County and shall not be . reduced during the course <br /> of construction except as provided in Indian River County C de Section <br /> 913 . 10 (4 ) (8 ) . Developer may at any time substitute guarantees , s bject to the <br /> approval as to form and amount by ,the County , . , <br /> :. <br /> 131. <br /> 4 Up to t$1, 000 , 000 ,00 , or thei limits of; any , applicab a underlying <br /> or excess insurance coverage carried by. ;Developer orto be obtained during the <br /> course of the construction of the . subdi .vision, improvements , Developer agrees to <br /> indemnify , hold harmless , and defend the County against any and all claims , <br /> damages , losses , and expenses , including attorney's fees , for prop rty damage , <br /> personal or bodily injury , or loss of life , arising from the negligent acts or <br /> omissions of the Developer, its officers , employees , agents , or 'I contractors , <br /> subcontractors , laborers , or suppliers , relating to the construction of the required <br /> sidewalk improvements , including all those improvements to be constructed on <br /> existing publicly dedicated or. County owned property . <br /> 5 Th errCoUnty agrees to approve the Final Plat, uon a finding <br /> as to compliance with ` aIL applicable provisions of the County's Development <br /> Regulations and Ordinances and upon execution hereof. However , nothing <br /> herein shall be construed as creating an obligation upon the County to perform <br /> any act or construction or maintenance until such time as tie required <br /> improvements are satisfactorily completed . Satisfactory completion in <br /> accordance with the land development permit , plans , specifications , and <br /> ordinance requirements of Indian River County shall be determined by the <br /> County and shall be indicated by specific written approval of the Public Works <br /> Director or his designated representative , after. receipt of a signed ' and sealed <br /> Certificate of Completion from `the project engineerof record . <br /> 2 <br /> F:\Attmncy\Nancy\DOCS\PLAN\brookfield at trillium b side k. doc <br />