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of i • SC - 13. insurance: DEVELOPER agrees to ensure that the selected Contractor for the project provides insurance coverage in accordance with Indian River County Utilities Department requirements. In addition, Indian River County shall be named as an additional insured and the Developer shall provide an original certificate of insurance to the COUNTY. SC -- 14. Payment and Performance Bond: The DEVELOPER agrees to have furnished by the contractor to Indian River COUNTY a payment bond for 100 percent of the total amount of the offsite utility bid and a performance bond for 125 percent of the offsite utility bid as security for the faithful performance of all of the contractor's obligations under the contract documents. SC — 15. Maintenance bond: The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements to Indian River County, Florida, and provide a Maintenance Bond for a period of one-year after acceptance by the COUNTY. The value of the Maintenance Bosid shall be twenty -live percent (25%) of the total construction value of the utility improvements. SC —16. Multiple CounteWarts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. SC — 17. 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 and wastewater collected to the: subject property. If, through no fault of the parties involved, any federal, state or local government or agency (excluding! the COUNTY) fail to issue necessary permits, grant necessary approvals, or require a material change in the system, then to the extent necessary and if possible, (lie parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If it becomes 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 the other. The DEVELOPER shall comply with reasonable request by lite 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 wastewater equipment. SC — 18. Recording of A&reement: ' The Agreement shall be recorded in the public records of Indian River County. The obligations defined t �7 in this Agreement shall lie a condition, which shall run with the land and shall bind subsequent owners of„s the property for the term of this Agreement. �3 SC —19. Severability J invalid provision: tv If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future ell laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such W illegal, invalid or unenforceable provision had never comprised a part ot'this Agreement, and the remaining Ul provisions of this Agreement shall remain in Full force and eft .pct and shall not be att'ectud by such illegal, invalid, or unenforceable provision or by its severance front this Agreement. AMB lzoa TnKv-rn2.tkk