2006-293C. - Laserfiche WebLink

Home Browse Search

6. The County agrees to issue building permits and Certificates of Occupancy prior to the installation of required sidewalk Improvements so long as Developer is not in default of the terms of this Contract. 7. - In the event the Developer shall fail or neglect to fulfill Its obligations under this contract and as required by the Code of Laws and Ordinances of Indian River County, Florida, the Developer, as principal , and the letter of credit shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements to the final total cost, including but not limited to engineering, construction, legal and contingent costs , Including reasonable attorney's fees incurred by the County, together with any damages , either direct or consequential, which the County may sustain as a result of the failure of Developer to cant' out and execute all provisions of this contract and applicable ordinances of the County. In no event, however, shall the liability of the underwriting bank under this paragraph exceed the total amount of the original obligation stated in the letter of credit, less any approved reductions thereto. 8. The parties agree that the County at Its option shall have the right, but not the obligation , to construct and install or, pursuant to receipt of competitive bids , cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance With the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit for the final total cost of the improvements. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit be exhausted prior to completion of the required Improvements. In no event shall the County be obligated to expend public funds , or any funds other than those provided by the Developer, or the letter of credit to construct the required Improvements. 9. Any letter of credit provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required Improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 10. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion , modification , extension , or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. 3 F:\AttmveYNancy,DOC3\PL4 NMwestBeM aide UM 08 / 03 /2008 THU 9 : 37 [ JOB NO . 7829 ) I�j011 . . -