2008-160 - Laserfiche WebLink

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Developer's Agreement shall constitute a Qualified Non-proportionate Fair Share Developer' s Agement pursuant to Chapter 910, Indian River County Code. Therefore, recognizing that the Developer's proposed improvements will provide significant benefits to the transportation system, County agrees that Developer's Harbor Point Project shall be vested for concurrency with a seven- year Initial Concurrency Certificate upon payment of all impact fees (except those for which Developer has received impact fee credits). Developer may elect to obtain a seven-year Initial Concurrency Certificate for different parts of the Project at different times by paying (or receiving credit for) impact fees for that part only. 8. County Purchase of Right-of-Way from Developer: The County agrees to purchase the right-of-way from Developer on 53rd Street as described and shown on Composite Exhibit "C", attached hereto and made a part hereof, for the purchase price of Twenty and 39/100 Dollars ($20.39) per square foot. The Developer shall convey title by Special Warranty Deed and shall pay for documentary stamps. The County shall have the option of acquiring title insurance at its own cost and expense. County shall pay all other costs of closing, except Developer' s attorney's fees. Closing shall occur on or before September 30, 2008. 9. Insurance and Indemnification During Developer's performance of any construction in County right-of-way covered by this Agreement, Developer shall provide the County with a certificate of insurance evidencing that Developer or the Developer's Contractor has obtained and maintains the insurance listed below. Developer or Developer' s contractor shall procure and maintain for the duration of all construction contracts, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Developer, his agents, representatives, employees or subcontractors. A. Minimu rn Scope of Insurance (i) Worker' s Compensation as required by the State of Florida. Employers Liability of $ 100,000.00 each accident, $500,000.00 disease policy limit, and $ 100,000 disease each employee. (ii) General Liability $ 1 ,000,000.00 combined single limit per accident for bodily injury and property damage. County shall be an additional insured. Auto Liability $ 1 ,000,000.00 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles. County shall be an additional insured. (iii) Professional Liability Insurance providing coverage for intentional, reckless or negligent acts, errors, or omissions committee or alleged to have been committed by Developer's Engineer with a limit of $500,000.00 per claim/annual aggregate. 4