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operation, and/or maintenance of any public improvement, or utility, whether presently in place or which may in the future be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities , and whether such damage is due to flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes , or from any other cause of whatsoever kind or nature . It is the intention of this indemnification agreement on the part of SDIRC , and a condition of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the COUNTY. 14 . Maintenance Security : The SDIRC agrees to convey all right, title and interest in the aforementioned utility improvements to Indian River County, Florida, and provide security as set forth herein, subject to the COUNTY ' s approval, for a period of one ( 1 ) year after the COUNTY ' s acceptance of the improvements, plus an additional three (3 ) months, for an aggregate of fifteen ( 15 ) months . The maintenance security may only be in one of the following forms : (a) cash, whereupon the COUNTY and the Developer shall enter into the COUNTY ' s standard Cash Escrow Deposit Agreement; or (b) Letter of Credit, in the County ' s standard form, drawn and payable by a financial institution located within Florida . The value of the maintenance security shall be twenty-five percent (25 %) of the total construction value of the utility improvements as certified by the SDIRC ' s licensed engineer and approved in writing by the County. 15 . Multiple Counterparts : 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 . 16 . Permits : The SDIRC shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the subject property . If, through no fault of the parties involved, any federal , state or local government or agency (excluding the COUNTY) fails to issue necessary permits , or fails to grant necessary approvals, or requires a material change in the system, then to the extent necessary and if possible , the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is 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 each other . The SDIRC shall comply with reasonable request by the 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. 17 . Recording of Agreement : This Agreement may be recorded in the official records of Indian River County by the COUNTY . If recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent owners of the property for the term of this Agreement. The SDIRC shall pay for all recording cost . 18 . Severability / Invalid Provision : If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal , invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal , invalid, or unenforceable provision or by its severance from this Agreement . Page 4 of 9