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agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or in connection with any work contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments, including attorney fees, that may be rendered against the COUNTY or against the COUNTY 's officers, employees or agents in connection therewith. G. Maintenance Bond: The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements to INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval, issued by a reputable surety company authorized to do business in the State of Florida, for a period of one year after the COUNTY's acceptance of the improvements. The value of the Maintenance Bond shall be 25 percent of the total construction value of the utility improvements. At the COUNTY's sole discretion, the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach, Florida, in lieu of a surety bond. H. Permits : The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed to and collected from the subject property. If, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is impossible or impracticable to perform under the terms of this Agreement because of the above, then this Agreement shall terminate and the parties shall have no further obligations to each other. The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color-coding of water and equipment. 2 . COUNTY OBLIGATIONS : A . Reimbursement: The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of Section 20 1 . 11 , The Code of Indian River County, for funds advanced by DEVELOPER to construct facilities in accordance with the COUNTY ' S Master Plan, less the cost of the DEVELOPER' S front footage Line Extension Fees, as set forth below. Compensation shall be in the form of a check from the COUNTY and shall not exceed the amount of $ 17 ,454. 24 (see Exhibit "C"). The COUNTY shall reimburse the DEVELOPER based on an itemized invoice of the installed material on a complete basis, less the DEVELOPER' S share of Line Extension Fees, after the above- referenced facilities are dedicated to and accepted by the COUNTY. The DEVELOPER' S share for this portion is tabulated below. Frontage Total Fronta aCost per Front Footage $/ ft. Developer Cost 380 380 F $ 11 .25 $4275 F:UJTIUTIESIUITUTY - ENGWEERWGIPROJECTS - UTILITY CONSTRUCTION PERMITS192ND COURT WATER MAW EXTENSION - UCP# 317211)EVaOPER'S AGREEWENT-APPROVED BY WMv09.130 12JRR.DOC - 3 -