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2 . Developer agrees to construct said improvements strictly in <br /> accordance with the land development permit, the most recent set of plans and <br /> specifications for this subdivision approved by the County and on file in the Planning <br /> and Development Division , and all County development regulations and standards , <br /> including conditions and requirements of any applicable County right-of-way permit , all <br /> of which are hereby incorporated by reference and made a part hereof. <br /> 3 . In order to guarantee performance of this contract, Developer shall <br /> simultaneously herewith furnish an irrevocable letter of credit , having an expiration date <br /> of not less than ninety (90 ) days beyond the date set forth in Paragraph 1 , provided by <br /> a banking institution authorized to transact such business in this state , in a form to be <br /> approved by the County, naming Developer as customer and Harbor Federal Savings <br /> Bank , as the underwriting bank , in the amount of $419 , 254 . 05 , which amount is not <br /> less than one hundred fifteen percent ( 115 % ) of the estimated total cost of <br /> improvements remaining to be constructed , as determined in accordance with the <br /> County's Subdivision and Platting Ordinance . It is understood that the full amount of <br /> the letter of credit shall remain available to the County and shall not be reduced during <br /> the course of construction unless approved in writing by the County' s Public Works <br /> Director pursuant to Indian River County Code Section 913 . 10 . Requested reductions <br /> shall not be unreasonably withheld by the County, but shall be subject to administrative <br /> fees as established by the County. Developer may at any time substitute guarantees , <br /> subject to the approval as to form and amount by the County . <br /> 4 . Up to $ 1 , 000 , 000 . 00 , or the limits of any applicable underlying or <br /> excess insurance coverage carried by Developer or to be obtained during the course of <br /> the construction of the subdivision improvements , Developer agrees to indemnify, hold <br /> harmless , and defend the County against any and all claims , damages , losses , and <br /> expenses , including attorney's fees , for property damage , personal or bodily injury, or <br /> loss of life , arising from the negligent acts or omissions of the Developer, its officers , <br /> employees , agents , or contractors , subcontractors , laborers , or suppliers , relating to the <br /> construction of the required improvements , including all those improvements to be <br /> constructed on existing publicly dedicated or County-owned property, such as street , <br /> cirll?.wnik hikanath linhfinn oinnnli -7o*inn 4roffin <br /> • •. � 1+ .+ • , • • ty . N &MI , .J. , vPyI I " u�u 4v 11 , 61 G1911 ko t'V 11U VI , UI C31 to U U , MIMI , VI JCWCI <br /> Improvements . <br /> 5 . The County agrees to approve the plat for recordation in the Public <br /> Records of Indian River County , Florida upon a finding as to compliance with all <br /> applicable provisions of the County's Subdivision and Platting Ordinance and upon <br /> execution hereof. The County shall accept those areas specifically dedicated to the <br /> County for the purposes indicated on the plat at the time of plat recordation . However, <br /> nothing herein shall be construed as creating an obligation upon the County to perform <br /> any act of construction or maintenance within such dedicated areas until such time as <br /> the required improvements are satisfactorily completed . <br /> Developer shall remain responsible for utility meter boxes , sewer clean <br /> outs , and drainage culvert inverts , to be in good repair, accessible , correctly plumbed , <br /> 2 <br /> F: 1AdorneyANancyQOMPLAMk for con w loc ashley lakes sd .doc <br />