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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 improvements, lying within 136"' Place , and Developer hereby <br /> warrants to the County that it has free and unencumbered title thereto , that all persons <br /> or entities which have supplied labor or materials with respect to such improvements <br /> have been paid in full , that none of them has any claim whatsoever with respect <br /> thereto , and that Developer shall hereafter forever warrant and defend the County's title <br /> thereto . <br /> IN WI NE S WHEREOF , Developer has hereunto set its hand and seal <br /> this day of e , 2006 . <br /> Signed in the presence of: SEBASTIAN RIVER MEDICAL <br /> CENTER , Developer <br /> sign : lith pA er7e'CG //9 -S <br /> print name: " G C- <br /> sign : ,1(-r0 Presiden ice President or <br /> print nam CEO) <br /> print name and ti <br /> (affix corporate seal ) <br /> STATE OF FLORIDA <br /> COUNTY OF INDIAN RIVER <br /> The foregoing instrument was ac l nowledoed before me this day of <br /> 2006 byu t r the <br /> of SEBASTIAN RIVER EDICAL CENTER, a <br /> 2 <br /> F:\Attorney\Nancy\DOCS\PLAN\136th Place maint.doc <br />