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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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