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Developer shall remain responsible for futility meter boxes , sewer clean <br /> outs , and drainage culvert inverts , to be in good repair , accessible , correctly plumbed , <br /> and not covered with topsoil , concrete or impervious material for the 3 -year <br /> maintenance period commencing after County issuance of a Certificate of Completion . <br /> Notice of this ongoing responsibility shall be provided by Developer to any subsequent <br /> builder/homeowner. <br /> Satisfactory completion in accordance with the land development permit , <br /> plans , specifications , and ordinance requirements of Indian River County shall be <br /> determined by the County and shall be indicated by specific written approval of the <br /> Public Works Director or his designated representative , after receipt of a signed and <br /> sealed Certificate of Completion from the project engineer of record . <br /> 6 . In the event the Developer shall fail or neglect to fulfill its <br /> obligations under this contract and as required by the Indian River County Code , the <br /> Developer, as principal , and the letter(s ) of credit shall be jointly and severally liable to <br /> pay for the cost of construction and installment of the required improvements to the final <br /> total cost , including but not limited to engineering , construction , legal and contingent <br /> costs , including reasonable attorney' s fees incurred by the County , together with any <br /> damages , either direct or consequential , which the County may sustain as a result of <br /> the failure of Developer to carry out and execute all provisions of this contract and <br /> applicable ordinances of the County . In no event , however shall the liability of the <br /> underwriting bank under this paragraph exceed the total amount of the original <br /> obligation stated in the letter( s ) of credit , less any approved reductions thereto . <br /> 7 . The parties agree that the County at its option shall have the right , <br /> but not the obligation , to construct and install or, pursuant to receipt of competitive bids , <br /> cause to be constructed and installed the required improvements in the event <br /> Developer shall fail or refuse to do so in accordance with the terms of this contract . <br /> Developer expressly agrees that the County may demand and draw upon the existing <br /> letter( s ) of credit for the final total cost of the improvements . Developer shall remain <br /> wholly liable for any resulting deficiency , should the letter( s ) of credit be exhausted prior <br /> to completion of the required improvements . In no event shall the County be obligated <br /> to expend public funds , or any funds other than those provided by the Developer, or the <br /> underwriting bank to construct the required improvements . <br /> 8 . Any letter( s ) of credit provided to the County by Developer with <br /> respect to this contract shall exist solely for the use and benefit of the County and shall <br /> not be construed or intended in any way , expressly or impliedly , to benefit or secure <br /> payment to any subcontractor, laborer, materialman or other party providing labor , <br /> material , supplies , or services for construction of the required improvements , or to <br /> benefit any lot purchaser( s ) , unless the County shall agree otherwise in writing . <br /> 9 . This agreement is the full and complete understanding of the <br /> parties and shall not be construed or amplified by reference to any other agreement , <br /> discussion , or understanding , whether written or oral , except as specifically mentioned <br /> 3 <br /> F :\Attorney\Nancy\DOCS\PLAN\grace grove k for con for loc 125% . doc <br />