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• <br /> SAMSON OCEAN FRONT PARK, ID# 21988 <br /> to the COUNTY an executed maintenance bond or alternate security deposit acceptable to <br /> the DEPARTMENT, which guarantees the warranty. If it becomes necessary to repair <br /> and/or replace any of the facilities during the initial one (1) year period, then the warranty <br /> as to those items repaired and/or replaced shall continue to remain in effect for an <br /> additional period of one (1) year from the date of final acceptance by the COUNTY of those <br /> repairs and/or replacement. The bond shall be in the amount equal to the sum of those <br /> portions of the actual cost of construction of said facilities as follows: <br /> Types of Facilities Percentage of Actual <br /> Construction Cost <br /> Gravity sewers 50 <br /> The bonds shall have as the surety thereon only such surety company as is acceptable to <br /> the COUNTY and which is authorized to write bonds of such character and amount under <br /> the laws of the State of Florida. A surety company must have a Best's Key Rating Guide <br /> General Policyholder's Rating of"A" or better and a Financial Category of Class "V" <br /> or better or be acceptable to the COUNTY. The attorney-in-factor other officer who signs a <br /> bond must file with such bonds a certified copy of his power-of-attorney authorizing him to <br /> do so. The Maintenance Bond may be written with the DEVELOPER'S contractor as <br /> "Principal" and the DEVELOPER and the COUNTY as "Co-obligees" or the COUNTY as <br /> sole "Obligee". In the alternative, the DEVELOPER may be named as "Principal" and the <br /> COUNTY as "Obligee". The Maintenance Bond shall remain in force for one (1) year <br /> following the date of final acceptance by the COUNTY of the work done pursuant to this <br /> Agreement to protect the COUNTY against losses resulting from any and all defects in <br /> materials or improper performance of work. If there is no building construction underway <br /> within the DEVELOPER'S property at the time of conveyance, the COUNTY shall have the <br /> right to require that the term of the Maintenance Bond be extended for a period not to <br /> exceed an additional two (2) years. Upon demand by the COUNTY, the DEVELOPER <br /> shall cause to be corrected all such defects which are discovered within the warranty period <br /> or periods as set forth above, failing which the COUNTY shall make such repairs and/or <br /> replacements of defective work and/or materials and the DEVELOPER and/or its Surety <br /> shall be liable to the COUNTY for all costs arising therefrom. The DEVELOPER also <br /> warrants that it shall be solely responsible for the repair of any damages to said facilities <br /> caused by persons in its employment. <br /> 19. TERM OF AGREEMENT. Both the DEVELOPER and the COUNTY <br /> recognize that time is of the essence and that this Agreement shall be deemed null and <br /> void and unenforceable if the DEVELOPER fails to comply with any of the following <br /> conditions, where applicable: <br /> a. After execution of this Agreement, work on the sewer facilities shall <br /> Page 7 of 12 <br />