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damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or
<br /> maintenance of any public improvement, or utility, whether presently in place or which may in the future
<br /> be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or
<br /> storm sewer facilities, and whether such damage is due to flooding, infiltration, backflow, and/or seepage
<br /> caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or
<br /> nature. It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition
<br /> of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever
<br /> that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits,
<br /> claims, and causes of action brought against the COUNTY arising out of or in connection with any work
<br /> contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments, including
<br /> attorney fees that may be rendered against the COUNTY or against the COUNTY' S officers, employees or
<br /> agents in connection therewith.
<br /> 14. Payment and Performance Bond:
<br /> The DEVELOPER agrees to furnish to INDIAN RIVER COUNTY a payment bond for 100 percent ofthe
<br /> total amount of the offsite utility bid and a performance bond for 125 percent of the offsite utility bid,
<br /> subject to COUNTY' s approval, as security for the faithful performance of all of the contractor's
<br /> obligations under the contract documents. At the COUNTY's sole discretion, the COUNTY may accept a
<br /> 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 . Maintenance Bond:
<br /> The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements
<br /> to INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY' s approval,
<br /> issued by a reputable surety company authorized to do business in the State of Florida, for a period of one
<br /> year after the COUNTY ' s acceptance of the improvements. The value of the Maintenance Bond shall be
<br /> 25 percent of the total construction value ofthe utility improvements. At the COUNTY' s sole discretion,
<br /> the COUNTY may accept a Letter of Credit drawn on a reputable financial institution located within 200
<br /> miles of Vero Beach, Florida, in lieu of a surety bond.
<br /> 16. Multiple Counterparts :
<br /> This Agreement may be executed in a number of identical counterparts which, taken together, shall
<br /> constitute collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary
<br /> to produce or account for more than one such counterpart executed by the party to be charged.
<br /> 17. Permits:
<br /> The DEVELOPER shall be responsible for obtaining all construction and operating permits required for
<br /> the construction, delivery, use and monitoring ofthe 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
<br /> agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or
<br /> requires a material change in the system, then to the extent necessary and if possible, the parties agree to
<br /> negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines
<br /> that it is impossible or impracticable to perform under the terms of this Agreement because of the above,
<br /> then this 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
<br /> and maintenance including but not limited to all FDEP regulations relating to bacteriological and
<br /> hydrostatic testing, cross connection control, monitoring, color-coding of water and wastewater equipment.
<br /> 18 . Recording of A eement:
<br /> This Agreement may be recorded in the official records of Indian River County by the COUNTY. If
<br /> recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent
<br /> owners of the property for the term of this Agreement. The DEVELOPER shall pay for all recording cost.
<br /> 19. Severability / Invalid Provision:
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