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9. Developer shall include in all subcontracts for ,subcontractors the above insurance requirement or show them as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements slated herein. 10. Developer hereby agrees to indemnify Indian River County and representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the Developer- or _Developers' representatives in the performance of services under this Agreement and for which Developer is legally liable. I. Concurrency: County and Developer acknowledge that amendments to Chapter 910, Indian River County Code, provide that whenever a non -proportionate fain share developer's;agreement-is executed by an applicant,. and that developer's agreement commits the applicant to construct major capacity -producing transportation improvements, the applicant's, project may bevested for transportation concurrency with a seven (7),year initial concurrency certificate if the 13oard of County Cormriissioners finds thw (a) the applicant's proposed improvements will provide significant bengfits to the transportation system, and (b) all other concurrency requirements, including payment of all applicable impact fees and demonstration of available capacity on all impacted links, are met. (For purposes of tbis paragraph, .such an agreement shall be called a "Qualified Non -proportionate Fav Share Developer's Agreement".) County and Developer agree that this Developer's Agreement will be a Qualified Non- proportionate Fair Share Developer's Agreement pursuant to adopted amendments to Chapter 910. Therefore, recognizing khat the applicarrt'.s proposed.improvements will provide significant benefits to the transportation system, County agrees that the applicani's project will be vested for• transportation concurrency with a seven (7) year initial concurrency certificate upon execution of this Agreement by the Board of County Commissioners. ]. Roadway Improvement Project Timing' Developer agrees to diligently prosecute the design and construction of the Roadway Improvement Project described berein. The engineering and design functions described. in. Section Cl(b) above will be. completed within twelve (12) months after'completiou and approval of the thirty percent (30%) :design. At such time, as all right-of-way acquisitions are completed, all appropriate permits are issued, the competitive bidding process is performed, the.Project is awarded to the roadway contractor and approved by the Public Works Director, construction activities shall commence within.ninety (90) days thereafter. The Roadway Improvement Project shall be completed within eighteen (18) months of commencement of work. I{, Project Performance Security: I. To secure the performance of Developer and payment of all expenses associated with the Roadway Improvement Project, Developer agrees to establish and maintain a Performance Security Instrument during the term of the Project. The Performance Security Instrument shall take the form of a cash deposit or irrevocable letter of credit. If the cash option is elected, required sums shall be posted with the County as Fserow.Agent. In the event that an