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accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER shall provide to the
<br /> COUNTY at least thirty (30) days ' written notice by registered mail, return receipt requested, addressed to the
<br /> COUNTY ' s risk manager, prior to cancellation or modification of any required insurance .
<br /> The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY ' s officers ,
<br /> employees and agents, from and against any and all claims for damages , costs , third party claims , judgments ,
<br /> and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this
<br /> agreement, or from any act or omission of any representative, agent, client, and/or employee of DEVELOPER,
<br /> and DEVELOPER shall indemnify the COUNTY against any such claims and any judgments that may be
<br /> entered in connection therewith, including attorney fees . DEVELOPER shall indemnify the COUNTY
<br /> against any claim for damage that any utility, whether publicly or privately owned, may sustain or receive in
<br /> connection with any work contemplated by this agreement . DEVELOPER shall not make any claim of any
<br /> kind or character whatsoever against the COUNTY for damages that it may suffer by reason of the
<br /> installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or utility,
<br /> whether presently in place or which may in the future be constructed or installed, including but not limited to,
<br /> any water and/or sanitary sewer mains and/or storm sewer facilities , and whether such damage is due to
<br /> flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes, or
<br /> from any other cause of whatsoever kind or nature . It is the intention of this indemnification agreement on the
<br /> part of DEVELOPER, and a condition of this agreement, that it shall be full and total indemnity against any
<br /> kind or character of claim whatsoever that may be asserted against the COUNTY . DEVELOPER hereby
<br /> agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or
<br /> in connection with any work contemplated by this agreement, and DEVELOPER agrees to pay any judgment
<br /> or judgments, including attorney fees , that may be rendered against the COUNTY or against the COUNTY ' s
<br /> officers, employees or agents in connection therewith.
<br /> 14 . Maintenance Bond :
<br /> The DEVELOPER agrees to convey all right, title , and interest in the aforementioned utility improvements to
<br /> INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval, issued by
<br /> a reputable surety company authorized to do business in the State of Florida, for a period of one year after the
<br /> COUNTY's acceptance of the improvements . The value of the Maintenance Bond shall be 25 percent of the
<br /> total construction value of the utility improvements . At the COUNTY's sole discretion, the COUNTY may
<br /> accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach,
<br /> Florida, in lieu of a surety bond.
<br /> 15 . Multiple Counterparts :
<br /> This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute
<br /> collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or
<br /> account for more than one such counterpart executed by the party to be charged .
<br /> 16 . Permits :
<br /> The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the
<br /> construction, delivery, use and monitoring of the water distributed to and wastewater collected from the
<br /> subject property. If, through no fault of the parties involved, any federal , state or local government or agency
<br /> (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a
<br /> material change in the system, then to the extent necessary and if possible , the parties agree to negotiate an
<br /> amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is
<br /> impossible or impracticable to perform under the terms of this Agreement because of the above , then this
<br /> Agreement shall terminate and the parties shall have no further obligations to each other.
<br /> The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and
<br /> maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic
<br /> testing, cross connection control, monitoring, color-coding of water and wastewater equipment,
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<br /> FAUTILITIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS\MULLER HOMES UCP N230O\DEVELOPERS AGREEMENT - MULLER KLIMAS OFF-SITEUTILITIES NNE 15, 2004.DOC
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