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The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY ' s officers , employees and
<br /> agents , from and against any and all claims for damages, costs , third party claims, judgments , and expense to persons
<br /> or property that may arise out of, or be occasioned by, any work contemplated by this agreement, or from any act or
<br /> omission of any representative, agent, client, and/or employee of DEVELOPER, and DEVELOPER shall indemnify
<br /> the COUNTY against any such claims and any judgments that may be entered in connection therewith, including
<br /> attorney fees . DEVELOPER shall indemnify the COUNTY against any claim for damage that any utility, whether
<br /> publicly or 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 damages that
<br /> it may suffer by reason of the installation, construction, reconstruction, operation, and/or maintenance of any public
<br /> improvement, or utility, whether presently in place or which may in the future be constructed or installed, including
<br /> but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities , and whether such damage is
<br /> due to flooding , infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes , or
<br /> from any other 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 kind or
<br /> character of claim whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend
<br /> any and all suits, claims , and causes of action brought against the COUNTY arising out of or in connection with any
<br /> work contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments , including
<br /> attorney fees , that may be rendered against the COUNTY or against the COUNTY ' s officers, employees or agents in
<br /> connection therewith.
<br /> 14 . Payment & Performance Bond
<br /> The DEVELOPER agrees to furnish to INDIAN RIVER COUNTY a Payment Bond for 100 percent of
<br /> the total amount of the off-site utility bid and a Performance Bond for 125 percent of the off-site utility
<br /> bid , subject to COUNTY ' S approval , as security for the faithful performance of all of the contractor ' s
<br /> obligations under the contract documents . At the COUNTY ' S sole discretion, the COUNTY may accept
<br /> a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach,
<br /> Florida, in lieu of a surety bond .
<br /> 15 . Maintenance Bond :
<br /> The DEVELOPER agrees to convey all right, title , and interest in the aforementioned utility improvements to
<br /> INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY ' s approval, issued by a
<br /> reputable surety company authorized to do business in the State of Florida, for a period of one year after
<br />the
<br /> COUNTY ' s acceptance of the improvements . The value of the Maintenance Bond shall be 25 percent of the total
<br /> construction value of the utility improvements . At the COUNTY ' s sole discretion, the COUNTY may accept a Letter
<br /> of Credit, draw on a reputable financial institution located within 200 miles of Vero Beach, Florida, in lieu of a
<br /> surety bond .
<br /> 16 . Multiple Counterparts :
<br /> This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute
<br /> collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or
<br /> account for more than one such counterpart executed by the party to be charged .
<br /> 17 . Permits :
<br /> The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the
<br /> construction, delivery, use and monitoring of the water distributed to and wastewater collected from the subject
<br /> property. If, through no fault of the parties involved, any federal , state or local government or agency (excluding the
<br /> COUNTY) fails to issue necessary permits , or fails to grant necessary approvals , or requires a material change in the
<br /> system, then to the extent necessary and if possible , the parties agree to negotiate an amendment to the Agreement to
<br /> reflect the change in condition . If the COUNTY determines that it is impossible or impracticable to perform under
<br /> the terms of this Agreement because of the above, then this Agreement shall terminate and the parties shall have no
<br /> further obligations to each other.
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