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The total cost of construction of the Roadway Improvements , excluding the site-related <br /> improvements described above, are expenses which the County will reimburse to the Developer <br /> ("Reimbursable Expenses ") . The costs shall be allocated to each Segment on a pro rata basis , based <br /> upon linear feet . The Developer will submit invoices for such Reimbursable Expenses to the County, <br /> and the County agrees to pay such invoices according to the Prompt Payment Act ( Section 218 . 70 - <br /> 218 . 80 , Florida Statutes) . The County, through its Public Works Director, or his designee, shall have <br /> thirty (30) days to review and approve Reimbursable Expenses . Approval shall not be unreasonably <br /> withheld . Failure to reply to Developer within thirty (30) days shall constitute approval . All costs of <br /> design, pennitting, and construction (except those described in 5 . A . & B . herein) shall be deemed <br /> Reimbursable Expenses . <br /> 6 , Storrnwater Management : County and Developer agree and acknowledge that there will <br /> not be sufficient capacity within the Project to provide stornwater treatment or storage on site for any <br /> public right-of-way. <br /> 7 . Concurrency: County and Developer acknowledge and agree that Chapter 910, Indian <br /> River County Code, provides that whenever a Non-proportionate Fair Share Developer' s Agreement is <br /> executed by an applicant, and that Developer' s Agreement commits the applicant to construct major <br /> capacity-producing transportation improvements , the applicant' s project may be vested for <br /> transportation concurrency for seven (7) years . ( Such an agreement is called a " Qualified Non- <br /> proportionate Fair Share Developer' s Agreement" ) . County and Developer agree that this Developer' s <br /> Agreement shall constitute a Qualified Non-proportionate Fair Share Developer' s Agreement pursuant <br /> to Chapter 910 , Indian River County Code . Therefore , recognizing that the Developer' s proposed <br /> improvements will provide significant benefits to the transportation system, County agrees that <br /> Developer' s Project shall be vested for transportation concurrency with a seven-year Initial <br /> Concurrency Certificate following execution of this Agreement by the Board of County <br /> Cormnissioners and payment of traffic impact fees by Developer . <br /> 8 . Insurance and Indemnification : During Developer' s performance of any construction in <br /> County right-of-way covered by this Agreement, Developer shall provide the County with evidence <br /> that Developer or the Developer ' s contractor has obtained and maintains the insurance listed below . <br /> Developer or Developer' s contractor shall procure and maintain for the duration of all construction <br /> contracts , insurance against claims for injuries to persons or damages to property, which may arise <br /> from or in connection with the performance of the work hereunder by the Developer, his agents , <br /> representatives , employees or subcontractors . <br /> A . Minimum Scope of Insurance <br /> (i) Worker' s Compensation as required by the State of Florida. Employers <br /> Liability of $ 100 , 000 . 00 each accident, $ 500 , 000 . 00 disease policy limit, and $ 100 , 000 disease each <br /> employee . <br /> (ii) General Liability $ 1 , 000 , 000 . 00 combined single limit per accident for <br /> bodily injury and property darnage . County shall be an additional insured . Auto Liability <br /> 3 <br /> J :\Bruce\cllentsWCTS\Developer's Agreement - I . R.C. clean 6.15.0g .doc <br />