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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 /> value of the Maintenance Bond shall be 25 percent of the total construction value of the utility
<br /> improvements . At the COUNTY ' s sole discretion, the COUNTY may accept a Letter of Credit, in
<br /> form and substance acceptable to the County and drawn on a reputable financial institution located
<br /> within 150 miles of Vero Beach, Florida, in lieu of a surety bond .
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