|
brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States
<br /> District Court for the Southern District of Florida. All of the parties to this Agreement have
<br /> participated freely in the negotiation and preparation hereof. Accordingly, this Agreement shall not be
<br /> more strictly construed against any one of the parties hereto .
<br /> 13 . Insurance and Indemnification :
<br /> The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work,
<br /> the selected contractor and any subcontractor provides to the COUNTY a certificate of commercial
<br /> general liability insurance with a reputable insurance company subject to approval by the COUNTY ' s
<br /> risk manager in an amount not less than $3 , 000, 000 combined single limit for bodily injury and
<br /> property damage in accordance with the COUNTY ' s Administrative Policy Manual. The
<br /> DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work the
<br /> selected contractor and any subcontractor provides to the COUNTY a certificate of business auto
<br /> liability insurance with a reputable insurance company subject to approval by the COUNTY' s risk
<br /> manager in an amount not less than $3 , 000,000 per occurrence combined single limit for bodily injury
<br /> and property damage in accordance with the COUNTY' s Administrative Policy Manual. The
<br /> commercial general liability and auto liability insurance policies shall name Indian River County, a
<br /> political subdivision of the State of Florida, as an additional insured. In addition, the DEVELOPER
<br /> shall ensure that, at least ten ( 10 ) days prior to the commencement of any work the selected contractor
<br /> and any subcontractor provides to the COUNTY a certificate of worker ' s compensation insurance
<br /> with a limit of $ 100,000 for each accident, $500,000 disease (policy limit) and $ 100,000 disease
<br /> (each employee) in accordance with the COUNTY' s Administrative Policy Manual . The
<br /> DEVELOPER shall provide to the COUNTY at least thirty (30) days ' written notice by registered
<br /> mail, return receipt requested, addressed to the COUNTY' s risk manager, prior to cancellation or
<br /> 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 or any representative, agent, or client,
<br /> and/or employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any
<br /> such claims and any judgments that may be entered in connection therewith, including attorney fees .
<br /> 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
<br /> agreement. DEVELOPER shall not make any claim of any kind or character whatsoever against the
<br /> COUNTY for damages that it may suffer by reason of the installation, construction, reconstruction,
<br /> operation, and/or maintenance of any public improvement, or utility, whether presently in place or
<br /> which may in the future be constructed or installed, including but not limited to, any water and/or
<br /> sanitary sewer mains and/or storm sewer facilities, and whether such damage is due to flooding,
<br /> 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
<br /> agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full and
<br /> total indemnity against any kind or character of claim whatsoever that may be asserted against the
<br /> COUNTY. DEVELOPER hereby agrees to defend any and all suits , claims , and causes of action
<br /> brought against the COUNTY arising out of or in connection with any work contemplated by this
<br /> agreement, and DEVELOPER agrees to pay any judgment or judgments, including attorney fees, that
<br /> may be rendered against the COUNTY or against the COUNTY's officers, employees or agents in
<br /> connection therewith.
<br /> 14 . Maintenance Bond :
<br /> The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility
<br /> improvements to INDIAN RIVER COUNTY, FLORIDA, and provide a Maintenance Bond, subject
<br /> to the COUNTY ' s approval, issued by a reputable surety company authorized to do business in the
<br /> State of Florida, for a period of one year after the COUNTY ' s acceptance of the improvements . The
<br /> Page 4 of 9
<br />
|