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9. Dedication: <br />The COUNTY has performed the final inspection of the off-site water facilities for conformance with <br />the approved plans and specifications, the DEVELOPER has conveyed all the off-site water facilities <br />together with an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance <br />included the following documents as required by the COUNTY: <br />a) Bill of Sale <br />b) Maintenance Security <br />c) Record Drawings (hard copy and electronic format — AutoCAD rel. 2009 or higher) <br />10. Entire Agreement <br />This Agreement embodies the entire agreement between the parties relative to the subject matter <br />hereof, and there is no oral or written agreements between the parties, nor any representations made <br />by either party relative to the subject matter hereof, which are not expressly set forth herein. <br />11. 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 <br />in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court <br />for 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 />12. Indemnification: <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, <br />and/or 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 <br />privately 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 <br />damages that it may suffer by reason of the installation, construction, reconstruction, operation, <br />and/or maintenance of any public improvement, or utility, whether presently in place or that may in <br />the future be constructed or installed, including but not limited to, any water and/or sanitary sewer <br />mains and/or storm sewer facilities, and whether such damage is due to flooding, infiltration, <br />backflow, and/or seepage caused from the failure of any installation, natural causes, or from any other <br />cause of whatsoever kind or nature. It is the intention of this indemnification agreement on the part <br />of DEVELOPER, and a condition of this agreement, that it shall be full and total indemnity against any <br />kind or character of claim whatsoever that may be asserted against the COUNTY. DEVELOPER hereby <br />agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising <br />out of or in connection with any work contemplated by this agreement, and DEVELOPER agrees to pay <br />any judgment or judgments, including attorney fees, that may be rendered against the COUNTY or <br />against the COUNTY'S officers, employees or agents in connection therewith. <br />15. Maintenance Security: <br />The DEVELOPER's Contractor, Timothy Rose Contracting, Inc., has warrantied the installed water main <br />through September 5, 2018. <br />3 <br />