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2003-342
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2003-342
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Last modified
1/23/2017 1:25:50 PM
Creation date
9/30/2015 7:10:22 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
12/16/2003
Control Number
2003-342
Agenda Item Number
7.N.
Entity Name
Indian River County Habitat for Humanity
Subject
Contract Construction Required Improvements
Grace Grove Phase 1
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3558
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6 . In the event the Developer shall fail or neglect to fulfill its obligations under this <br /> contract and as required by the Indian River County Code , the Developer, as principal , <br /> and the guarantor or surety shall be jointly and severally liable to pay for the cost <br /> of <br /> construction and installment of the required improvements to the final total cost , including <br /> but not limited to engineering , construction , legal and contingent costs , including <br /> reasonable attorney's fees incurred by the County , together with any damages , either <br /> direct or consequential , which the County may sustain as a result of the failure of <br /> Developer to carry out and execute all provisions of this contract and applicable <br /> ordinances of the County. In no event , however, shall the liability of the guarantor or <br /> surety under this paragraph exceed the total amount of the original obligation stated in <br /> the guaranty or surety instrument , less any approved reductions thereto . <br /> 7 . The parties agree that the County at its option shall have the right , but not the <br /> obligation , to construct and install or, pursuant to receipt of competitive bids , cause to be <br /> constructed and installed the required improvements in the event Developer shall fail or <br /> refuse to do so in accordance with the terms of this contract . Developer expressly agrees <br /> that the County may demand and draw upon the existing guaranty or surety for the final <br /> total cost of the improvements . Developer shall remain wholly liable for any resulting <br /> deficiency , should the guaranty or surety be exhausted prior to completion of the required <br /> improvements . In no event shall the County be obligated to expend public funds , or any <br /> funds other than those provided by the Developer, the guarantor, or surety, to construct <br /> the required improvements . <br /> 8 . Any guaranty or surety provided to the County by Developer with respect to this <br /> contract shall exist solely for the use and benefit of the County and shall not be construed <br /> or intended in any way, expressly or impliedly, to benefit or secure payment to any <br /> subcontractor, laborer, materialman or other party providing labor, material , supplies , or <br /> services for construction of the required improvements , or to benefit any lot <br /> purchaser(s ) , unless the County shall agree otherwise in writing . <br /> 9 . This agreement is the full and complete understanding of the parties and <br /> shall not be construed or amplified by reference to any other agreement, discussion , or <br /> understanding , whether written or oral , except as specifically mentioned herein . This <br /> agreement shall not be assigned without the express written approval of the County. <br /> Any amendment, deletion , modification , extension , or revision hereof or hereto shall be <br /> in writing , executed by authorized representatives of both parties . <br /> 3 <br /> F:\attomey\nancy\DOCS\PLAN\k for constr w perf bond grace grovei .doc <br />
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