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Aug 15 05 07 : 57a Indian River County 772 - 770 - 5005 p . 28 6 . The County agrees to issue budding . permits and Certificates of Occupancy prior to the installation of required sidewalk improve encs so long as Developer is not in default of the terms of this Contract. 7 . In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Code of Laws and Ordinances of Indian River County, Florida , the Developer, as principal , and the funds in escrow deposit shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements to the fir al total cost including but not limited to engineering , construction , legal and cont ngent costs , including reasonable attorney's fees incurred by the County , toget er with any damages , either direct or consequential ; : which- the , , County may ustain as a result of the failure of Developer to. .carry. - out, and execute all provisions of this contract and applicable ordinances ,ofahe. County . : 8 . The parties agree that the County, at its options all have the right , but not the obligation , to construct and install or, pursuant ro receipt of competitive bids , cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees , that the County may demand and draw ,upon the cash „ deposit for ,the final total cost of the improvements Deveipper shall remain wholly liable for any resulting deficiency , should the cash ; deposit be . exhausted prior. -An completion of the required improvements . In no event shall the, County be obligated toexpend public funds , or any funds other than those provided b Developer; nor the lett r of credit to construct the required improvements: 9 . Any cash deposit provided to the County by De veloper with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, . expressly or impliedly , to benefit or secure payment to any subcontractor, laborer, material an or other party providing labor, material , supplies , or services for construction of the required improvements , or to benefit any ' lot � 'purchaser(s )' ;unless , the County shall agree otherwise mI`wntmg 10 . This agreement is the full and : complete understanding of the parties and . shall not be construed or amplified by reference t any other agreement , discussion , or understanding , whether written or oral except as specifically mentioned herein . This agreement shall not be assigned any the express written approval of the County . Any amendment , deletion , r>hodification , extension , or revision hereof or hereto shall be in writing , executed by authorized representatives of both parties , .. F:\Attorney\Nancy\DOCS\PLAN\broolcfield at dillium b side Uac