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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.
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