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Nov 14 06 03 : 23P P . 2 <br /> 3 . Acknowledge that, in the event Developer fails to begin or cause <br /> repair of the defective required improvements within 20 days , or to complete such <br /> repairs within a reasonable time thereafter, the County shall have the right to make <br /> such needed repairs and Developer shall be liable to the County for the actual cost <br /> expended by the County for such repairs and any cost incident to the collection of such <br /> sums , including but not limited to , reasonable attorney's fees and costs of litigation , <br /> including any appeals ; and <br /> 4 . Provide herewith , or has provided heretofore in a manner satisfactory <br /> to the County, security to guaranty Developer's performance of this agreement, being <br /> either a cash escrow deposit , irrevocable letter of credit presentable in Florida or bond <br /> issued by a company licensed to do business in the State of Florida with an A. M . Best <br /> rating of A+ XI . In the event Developer has not undertaken the repairs contemplated by <br /> this Agreement following a request by the County, the proceeds of any such security <br /> may be drawn upon by the County to the final total cost of Developer's obligations <br /> hereunder, not to exceed however, the applicable limits of the security. <br /> 5 . Grant and convey unto Indian River County all its right, title and <br /> interest in and to all public improvements , lying within the areas dedicated to the <br /> County, and Developer hereby warrants to the County that it has free and <br /> unencumbered title thereto , that all persons or entities which have supplied labor or <br /> materials with respect to such improvements have been paid in full , that none of them <br /> has any claim whatsoever with respect thereto , and that Developer shall hereafter <br /> forever warrant and defend the County's title thereto" <br /> N WITNESS WHEREOF , Developer has hereunto set its hand and seal <br /> this 16 14ay ofNnvamhPr , 2006 . <br /> CENTEX / LENNAR AT WOODFIELD , LLC , <br /> a Delaware limited liability company <br /> WITNESSES : <br /> By CENTEX HOMES , a Nevada partnership , <br /> ;•-' G/�M Managing Member <br /> s1gn : B3V: <br /> TEX REAL ESTAT <br /> print name : i x �k,� (_ ' e-,:+ s2 , PORATI Nevada <br /> o , Mana in er <br /> sign : L <br /> print name : I �'� _ <br /> Division President <br /> AND <br /> .FiJ,I Wivry' Nuncy\L1UCa1P LA N\monJliclJ J maintalm <br />