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commercial general liability insurance with a reputable insurance company subject to approval
<br /> by the COUNTY's risk manager in an amount not less than $ 3 , 000, 000 combined single limit for
<br /> bodily injury and property damage in accordance with the COUNTY'S Administrative Policy
<br /> Manual . The DEVELOPER shall ensure that, at least ten ( 10 ) days prior to the commencement
<br /> of any work the selected contractor and any subcontractor provides to the COUNTY a certificate
<br /> of business auto liability insurance with a reputable insurance company subject to approval by
<br /> the COUNTY'S risk manager in an amount not less than $ 3 , 000 , 000 per occurrence combined
<br /> single limit for bodily injury and property damage in accordance with the COUNTY'S
<br /> Administrative Policy Manual . The commercial general liability and auto liability insurance
<br /> policies shall name Indian River County, a political subdivision of the State of Florida , as an
<br /> additional insured . In addition , the DEVELOPER shall ensure that, at least ten ( 10) days priorto
<br /> the commencement of any work the selected contractor and any subcontractor provides to the
<br /> COUNTY a certificate of worker's compensation insurance with a limit of $ 100 , 000 for each
<br /> accident, $ 500, 000 disease ( policy limit) and $ 100, 000 disease (each employee ) in accordance
<br /> with the COUNTY'S Administrative Policy Manual . The DEVELOPER shall provide to the COUNTY
<br /> at least thirty ( 30) days' written notice by registered mail , return receipt requested , addressed
<br /> to the COUNTY'S risk manager, prior to cancellation or modification of any required insurance .
<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
<br /> claims, judgments, and expense to persons or property that may arise out of, or be occasioned
<br /> by, any work contemplated by this agreement, or from any act or omission of any
<br /> 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
<br /> therewith , including attorney fees . DEVELOPER shall indemnify the COUNTY against any claim
<br /> for damage that any utility, whether publicly or privately owned , may sustain or receive in
<br /> connection with any work contemplated by this agreement. DEVELOPER shall not make any
<br /> claim of any kind or character whatsoever against the COUNTY for damages that it may suffer
<br /> by reason of the installation , construction, reconstruction , operation , and/or maintenance of any
<br /> public improvement, or utility, whether presently in place or which may in the future be
<br /> constructed or installed , including but not limited to , any water and/or sanitary sewer mains
<br /> 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
<br /> any other cause of whatsoever kind or nature . It is the intention of this indemnification
<br /> agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full
<br /> and total indemnity against any kind or character of claim whatsoever that may be asserted
<br /> against the COUNTY. DEVELOPER hereby agrees to defend any and all suits, claims, and causes
<br /> 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 ,
<br /> including attorney fees, that may be rendered against the COUNTY or against the COUNTY'S
<br /> officers, employees or agents in connection therewith .
<br /> 14 . Maintenance Security :
<br /> The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility
<br /> improvements to Indian River County, Florida , and provide security as set forth herein , subject
<br /> to the COUNTY'S approval , for a period of one ( 1 ) year after the COUNTY'S acceptance of the
<br /> improvements, plus an additional three ( 3 ) months , for an aggregate of fifteen ( 15 ) months .
<br /> The maintenance security may only be in one of the following forms : (a ) cash , whereupon the
<br /> COUNTY and the Developer shall enter into the COUNTY'S standard Cash Escrow Deposit
<br /> Agreement; or ( b ) Letter of Credit, in the County's standard form , drawn and payable by a
<br /> financial institution located within Florida . The value of the maintenance security shall be
<br /> twenty-five percent ( 25 % ) of the total construction value of the utility improvements as
<br /> certified by the Developer's licensed engineer and approved in writing by the County .
<br /> - 4 -
<br /> revised 08 . 03 . 07
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