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r Old Orchid - Phase 4 — P . D . • for use with Contract for Construction of Required Improvements CASH DEPOSIT AND ESCROW AGREEMENT d. THIS AGREEMENT is entered into this day of qlt C�c , 2004 , by and between Kennedy Groves , Inc . , a Florida corporation ( Developer) , and INDIAN RIVER COUNTY , a political subdivision of the State of Florida ( County) : WITNESSETH ; WHEREAS , Developer is effecting a subdivision of certain property within Indian River County and is required to provide surety supporting a contract with the County for the construction of certain required improvements related thereto ; NOW , THEREFORE , in consideration of the agreements , promises , and covenants set forth herein , and other good and valuable considerations , the parties hereto agree as follows : 1 . The Developer has tendered to the County Office of Management and Budget ( Escrow Agent ) the sum of Two Hundred Thirty-Nine Thousand Six Hundred Twelve and 26/100 Dollars ( $239 , 612 . 26) , the receipt whereof is hereby acknowledged , which sum shall be held in escrow by said Office , subject to the terms , conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations set forth in the aforementioned Contract for Construction of Required Improvements , which agreement is attached hereto and incorporated herein by reference ( Contract) . 2 . Upon completion of any distinct or separable phase or improvement , or independent portion thereof, the Developer may obtain a disbursement from the escrow account by making a written request to the Board of County Commissioners of Indian River County through the County's Public Works Director. The request shall specify the amount of disbursement desired and shall be accompanied by a sealed certificate from Developer's engineer describing the work completed , the actual cost thereof, the estimated cost of all remaining work which is secured by the escrow account , and that the work for which disbursement is requested has been completed in accordance with the most recent set of plans and specifications approved and on file with the County . 3 . The amount of any given disbursement shall not exceed eighty ( 80 % ) percent of the total cost of improvements certified as being completed under the preceding paragraph ; i . e . , twenty (20 %) percent of the cost of each phase , improvement , or portion thereof, shall be retained in the escrow account until the final reduction , which shall occur only after issuance of a Certificate of Completion in accordance with the County' s Subdivision and Platting Ordinance , 1EXHIBIT � IAI � FAattorney\nancy\DOCS\PLAN\cash deposit for K old orchid iv.doc