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3 . Within seven (7 ) working days after receipt of a disbursement <br /> request , the Community Development Director shall cause an inspection of the <br /> work for which payment is sought. If the Community Development Director is <br /> satisfied in all respects with the condition of the site and certifications , the <br /> Community Development Director shall deliver written notice to disburse to the <br /> County Office of Management and Budget. Upon receipt of the notice to <br /> disburse , the Office of Management and Budget shall make the disbursement <br /> described therein directly to Developer, at the address specified in the request for <br /> disbursement. <br /> 4 . Upon failure to comply with all the requirements of the site plan <br /> approval , including but not limited to unapproved off-site discharge of water, <br /> failure to confine hauling to approved hauling routes , operating in violation of the <br /> safety/security plan , excavating within required setbacks , mining of additional <br /> phases prior to restoration of the previous phase , and activity not consistent with <br /> permits issued by other jurisdictional agencies ; or if Developer fails to perform all <br /> or any part of the obligations of restoration and reclamation , including , but not <br /> limited to mine abandonment prior to restoration , restoration not completed within <br /> the approved time frame , restoration not consistent with Water Management <br /> Standards as contained in Section 934 . 05 of the Indian River County Code , and <br /> restoration activity not consistent with permits issued by other jurisdictional <br /> agencies , the County may utilize escrowed funds to achieve compliance or <br /> restoration , and Developer will not interfere with the County , its contractors , <br /> subcontractors , laborers or materialmen in achieving compliance or restoration of <br /> the site . All funds remaining in the escrow account at the time default is declared <br /> by the County shall be available for use by the County . Said funds shall be <br /> disbursed to the County upon receipt by the Office of Management and Budget of <br /> a certified copy of a resolution of the Board of County Commissioners stating that <br /> Developer has failed to comply with Indian River County Code Chapter 934 site <br /> plan or restoration conditions of the mining approval , and that said funds are <br /> necessary to achieve compliance . All funds disbursed to County in excess of the <br /> final amount determined necessary by the County shall be returned to Developer, <br /> its legal representatives , successors or assigns , at the completion of site <br /> restoration . <br /> 5 . Any interest earned during the term of escrow, less <br /> administrative expenses , shall be disbursed to Developer at close of escrow <br /> unless necessary for County to utilize in cure of developer's default. <br /> 6 . The funds deposited hereunder exist solely for the protection , <br /> use and benefit of the County and shall not be construed or intended in any way , <br /> expressly or impliedly , to benefit or secure payment to any contractor, <br /> subcontractor, laborer, materialman , architect , engineer, attorney or other party <br /> providing labor, material , supplies , or services to Developer while such funds <br /> 2 <br /> F:\Attorney\Nancy\DOCS\PLAN\mining century town center2.doc <br />