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private right-of--way including, but not limited to, water lines, services, laterals, manholes, meters, lift
<br /> station, sewer, remote monitoring and related utility structures.
<br /> After the COUNTY' S final inspection of the off-site water and wastewater facilities for conformance with
<br /> the approved plans and specifications, the DEVELOPER shall convey all the off-site facilities together
<br /> with an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance shall
<br /> include any of the following documents as may be required by the COUNTY, in a form acceptable to the
<br /> COUNTY:
<br /> a) Bill-of--Sale.
<br /> b) Grants of Easements.
<br /> c) Maintenance Bond.
<br /> d) Record Drawings (hard copy and electronic format — AutoCAD rel. 14.0 or higher).
<br /> 11 . Entire Agreement
<br /> This Agreement embodies the entire agreement between the parties relative to the subject matter hereof,
<br /> and there is no oral or written agreements between the parties, nor any representations made by either party
<br /> relative to the subject matter hereof, which are not expressly set forth herein.
<br /> 12. Governing Law & Jurisdiction:
<br /> This Agreement shall be governed by the laws of the State of Florida and the laws of the United States
<br /> pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in
<br /> Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for
<br /> the Southern District of Florida. All of the parties to this Agreement have participated freely in the
<br /> negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed
<br /> against any one of the parties hereto.
<br /> 13 . Insurance and Indemnification:
<br /> The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the
<br /> selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general
<br /> liability insurance with a reputable insurance company subject to approval by the COUNTY ' S risk
<br /> manager in an amount not less than $3 ,000,000 combined single limit for bodily injury and property
<br /> damage in accordance with the COUNTY' S Administrative Policy Manual. The DEVELOPER shall
<br /> ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any
<br /> subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable
<br /> insurance company subject to approval by the COUNTY' S risk manager in an amount not less than
<br /> $3 ,000,000 per occurrence combined single limit for bodily injury and property damage in accordance
<br /> with the COUNTY' S Administrative Policy Manual. The commercial general liability and auto liability
<br /> insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an
<br /> additional insured. In addition, the DEVELOPER shall ensure that, at least ten ( 10) days prior to the
<br /> commencement of any work the selected contractor and any subcontractor provides to the COUNTY a
<br /> certificate of worker' s compensation insurance with a limit of $ 100,000 for each accident, $500,000
<br /> disease (policy limit) and $ 100,000 disease (each employee) in accordance with the COUNTY' S
<br /> Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) days'
<br /> written notice by registered mail, return receipt requested, addressed to the COUNTY' S risk manager,
<br /> 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,
<br /> judgments, and expense to persons or property that may arise out of, or be occasioned by, any work
<br /> contemplated by this agreement, or from any act or omission of any representative, agent, client, and/or
<br /> employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims
<br /> and any judgments that may be entered in connection therewith, including attorney fees. DEVELOPER
<br /> shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately
<br /> owned, may sustain or receive in connection with any work contemplated by this agreement.
<br /> DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for
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<br /> C:IDOCUMEWS AND SMNOSIM a M=AL SFrnNOS1TEMPORARY WERNET F1LE510LK253\AGREEMENT - DEVELOPERS AGREFNEW - OFF-SrM UTRXnES MARCH 15 20041 DOC
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