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damage in accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER shall
<br /> ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any
<br /> subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable
<br /> insurance company subject to approval by the COUNTY ' s risk manager in an amount not less than
<br /> $3 ,000,000 per occurrence combined single limit for bodily injury and property damage in accordance
<br /> with the COUNTY ' s Administrative Policy Manual . The commercial general liability and auto liability
<br /> insurance 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 prior to the
<br /> commencement of any work the selected contractor and any subcontractor provides to the COUNTY a
<br /> certificate of worker ' s compensation insurance with a limit of $ 100,000 for each accident, $ 500 ,000
<br /> disease (policy limit) and $ 100,000 disease (each employee) in accordance with the COUNTY ' s
<br /> Administrative Policy Manual . The DEVELOPER shall provide to the COUNTY at least thirty (30) days '
<br /> written notice by registered mail, return receipt requested, addressed to the COUNTY ' s risk manager, prior
<br /> 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 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 /> 14. Letter of Credit :
<br /> The DEVELOPER acknowledges and agrees that time is of the essence in the performance of this
<br /> Agreement and that other developments are dependent on the timely completion of the off-site
<br /> improvements described in this Agreement. . Therefore, it is a condition of this Agreement the
<br /> DEVELOPER agrees to furnish to INDIAN RIVER COUNTY an Irrevocable Letter of Credit, drawn on a
<br /> reputable financial institution located within 200 miles of Vero Beach, Florida, in the amount of 100
<br /> percent of the total amount of the offsite utility bid, subject to COUNTY ' s approval , as security for the
<br /> faithful and timely performance of all of the Developer' s obligations under this Agreement. The
<br /> expiration date of the letter of credit shall be upon completion of project and acceptance by the COUNTY,
<br /> not to exceed two years from the date of issuance. The DEVELOPER and COUNTY agree that
<br /> construction of the utilities described in this Agreement must be complete within six months of the Notice
<br /> to Proceed, as issued by the COUNTY . If said construction is not complete within six months from the
<br /> Notice to Proceed date, as established by the COUNTY, then the COUNTY shall draw upon the
<br /> irrevocable letter of credit.
<br /> F UTILITIESUTILITY � ENGINEERING PROJECTS - UTILITY CONSTRUCTION PERMITS $E BASTI AN - SHALHOUB W AT ER MAIN E)TENSION UCP :2750 SHALHOUR FINAL DEVELOPER'S AGREEMENT
<br /> MARCH ]Z 1006 DOC
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