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136'" Place (a/k/a Kelso Place) warranty road and drainage <br /> WARRANTY AND GUARANTY AGREEMENT, <br /> AND BILL OF SALE FOR IMPROVEMENTS <br /> CONTRACT NO . 2005120303-52248W&G <br /> WHEREAS , the undersigned Developer has constructed 136th Place (also <br /> known as Kelso Place) and desires to transfer all its right , title and interest to the <br /> County in and to all those improvements constructed within 136th Place , free and clear <br /> of encumbrances , together with the assignment of all existing warranties and <br /> Developer's agreement to cause to be repaired defects in workmanship and <br /> materials in both road and drainage improvements , as stated herein below. <br /> WITNESSETH : <br /> That for and in consideration of the sum of ONE DOLLAR ($ 1 . 00 ) and <br /> other good and valuable consideration , the receipt of which is hereby acknowledged , <br /> Developer, on behalf of itself and all successors and assigns , does hereby: <br /> 1 . Represent unto Indian . River County, a political subdivision of the <br /> State of Florida , that 136th Place has been constructed and installed and specifically <br /> consists of: <br /> See Exhibit "A" attached hereto <br /> 2 . Agree that, should 136th Place improvements fail or otherwise become <br /> defective during a period of three years from the date of Certificate of Completion of <br /> 136th Place , due to defective materials or workmanship , the Developer shall upon each <br /> occasion , be responsible in all respects for such failure or defect. Developer shall <br /> immediately , within 20 days of written notice by the County, cause correction of such <br /> failure or defect to begin at Developer's sole cost and expense and bring them into <br /> compliance with the requirements of the County; and <br /> 3 . Acknowledge that, in the event Developer fails to begin or cause <br /> repair of the defective improvements within 20 days , or to complete such repairs within <br /> a reasonable time thereafter, the County shall have the right to make such needed <br /> repairs and Developer shall be liable to the County for the actual cost expended by the <br /> County for such repairs and any cost incident to the collection of such sums , including <br /> but not limited to, reasonable attorney's fees and costs of litigation , including any <br /> appeals ; and <br /> APPROVED AS TO FORM <br /> ANO L1111GAL841"KAIINOY <br /> F:�Attomey%NancytDOCS\PLAM136th Place maint.doc WILLIAM Q. COLLINB u <br /> COUNTYATTORN6T <br />