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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,
<br /> 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 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
<br /> or agents in connection therewith .
<br /> 14 . Maintenance Security :
<br /> The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements
<br /> to Indian River County, Florida, and provide security as set forth herein , subject to the COUNTY ' S
<br /> approval , for a period of one ( 1 ) year after the COUNTY ' S acceptance of the improvements , plus an
<br /> additional three (3 ) months, for an aggregate of fifteen ( 15 ) months . The maintenance security may only
<br /> be in one of the following forms : (a) cash , whereupon the COUNTY and the Developer shall enter into
<br /> the COUNTY ' S standard Cash Escrow Deposit Agreement; or (b) Letter of Credit, in the County ' s
<br /> standard form , drawn and payable by a financial institution located within Florida . The value of the
<br /> maintenance security shall be twenty-five percent (25 % ) of the total construction value of the utility
<br /> improvements as certified by the Developer ' s licensed engineer and approved in writing by the County .
<br /> 15 . Multiple Counterparts :
<br /> This Agreement may be executed in a number of identical counterparts which , taken together, shall
<br /> constitute collectively one ( l ) Agreement; but in making proof of this Agreement, it shall not be necessary
<br /> to produce or account for more than one such counterpart executed by the party to be charged .
<br /> 16 . Permits :
<br /> The DEVELOPER shall be responsible for obtaining all construction and operating permits required for
<br /> the construction , delivery, use and monitoring ofthe water distributed to and wastewater collected from the
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<br /> CUJOQ IM@- I VJ .LANIAAI ,OCALti- IA'll!MPANO'fI156031�C81A - Rl'VISID DI IVIiLOPI 'R'S AGRHIMI 'N'I' 12- 19-05 DOC
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