|
s
<br /> ' a
<br /> f ORIGINAL
<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, and/or
<br /> 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 privately
<br /> 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, and/or
<br /> maintenance of any public improvement, or utility, whether presently in place or which may in the future
<br /> be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or
<br /> storm sewer facilities, and whether such damage is due to flooding, infiltration, backflow, and/or seepage
<br /> caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or
<br /> nature . It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition
<br /> of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever
<br /> that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits,
<br /> claims, and causes of action brought against the COUNTY arising out of or in connection with any work
<br /> 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
<br /> agents in connection therewith.
<br /> 15 . Maintenance Bond :
<br /> The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements
<br /> to INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval ,
<br /> issued by a reputable surety company authorized to do business in the State of Florida, for a period of one
<br /> year after the COUNTY's acceptance of the improvements . The value of the Maintenance Bond shall be
<br /> 25 percent of the total construction value of the utility improvements . At the COUNTY's sole discretion,
<br /> the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within 200
<br /> miles of Vero Beach, Florida, in lieu of a surety bond .
<br /> 16 . Multiple Counterparts :
<br /> This Agreement may be executed in a number of identical counterparts which, taken together, shall
<br /> constitute collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary
<br /> to produce or 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
<br /> the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the
<br /> subject property. If, through no fault of the parties involved, any federal, state or local government or
<br /> agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or
<br /> requires a material change in the system, then to the extent necessary and if possible, the parties agree to
<br /> negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines
<br /> that it is impossible or impracticable to perform under the terms of this Agreement because of the above,
<br /> then this Agreement shall terminate and the parties shall have no further obligations to each other.
<br /> Page 5
<br /> CN)OCUMENTS AND SETTINGS\CAROLE\MV DOCUMENTS\MGB CONSTRUCTION\DEVELOPERS AGREEMENT 7-28-04.DOC
<br />
|