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Replat of Eagle Trace Subdivision <br /> CASH DEPOSIT AND ESCROW AGREEMENT o Zai <br /> THIS AGREEMENT is entered into this v� day of <br /> 2005 , by and between Mizner Grande at Vero Beach , LLC , a <br /> F ida limited liability company; Mizner Grande at Vero Beach II , LLC , a <br /> Florida limited liability company, and Mizner Grande at Vero Beach III , LLC , a <br /> Florida limited liability company ( Developer) , and INDIAN RIVER COUNTY , a <br /> political subdivision of the State of Florida ( County) : <br /> WITNESSETH ; <br /> WHEREAS , Developer is effecting a subdivision of certain property <br /> within Indian River County and is required to provide surety supporting a contract <br /> with the County for the construction of certain required improvements related <br /> thereto ; <br /> NOW , THEREFORE , in consideration of the agreements , promises , <br /> and covenants set forth herein , and other good and valuable considerations , the <br /> parties hereto agree as follows : <br /> 1 . The Developer has tendered to the County Office of Management <br /> and Budget ( Escrow Agent ) the sum of Eighty-Two Thousand Five Hundred <br /> Forty-Eight and 441100 Dollars ( $ 82 , 548 . 44) , the receipt whereof is hereby <br /> acknowledged , which sum shall be held in escrow by said Office , subject to the <br /> terms , conditions and covenants of this escrow agreement as assurance that <br /> Developer shall perform in all respects the obligations set forth in the <br /> aforementioned Contract for Construction of Required Improvements , which <br /> agreement is attached hereto and incorporated herein by reference (Contract) . <br /> 2 . Upon completion of any distinct or separable phase or <br /> improvement , or independent portion thereof , the Developer may obtain a <br /> disbursement from the escrow account by making a written request to the Board of <br /> County Commissioners of Indian River County through the County's Public Works <br /> Director. The request shall specify the amount of disbursement desired and shall be <br /> accompanied by a sealed certificate from Developer' s engineer describing the work <br /> completed , the actual cost thereof, the estimated cost of all remaining work which is <br /> secured by the escrow account , and that the work for which disbursement is <br /> requested has been completed in accordance with the most recent set of plans and <br /> specifications approved and on file with the County . <br /> 3 . The amount of any given disbursement shall not exceed eighty <br /> (80 % ) percent of the total cost of improvements certified as being completed under <br /> the preceding paragraph ; i . e . , twenty (20 % ) percent of the cost of each phase , <br /> improvement , or portion thereof, shall be retained in the escrow account until the <br /> final reduction , which shall occur only after issuance of a Certificate of Completion in <br /> accordance with the County' s Subdivision and Platting Ordinance , <br /> 1 <br /> F:\Attorney\Nancy\DOCS\PLAN\cash deposit for K replat of eagle trace i . doc <br />