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or against the COUNTY' s officers, employees or agents in connection therewith. 14 . Payment and Performance Bond : The DEVLOPER agrees to furnish to INDIAN RIVER COUNTY a payment bond for 100 percent of the total amount of the offsite utility bid and a performance bond for 125 percent of the offsite utility bid, subject to COUNTY's approval, as security for the faithful performance of all of the contractor's obligations under the contract documents . At the COUNTY's sole discretion, the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach, Florida, in lieu of a surety bond. 15 . Maintenance Bond : The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements to INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval, issued by a reputable surety company authorized to do business in the State of Florida, for a period of one year after the COUNTY's acceptance of the improvements . The value of the Maintenance Bond shall be 25 percent of the total construction value of the utility improvements . At the COUNTY's sole discretion, the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach, Florida, in lieu of a surety bond. 16 . 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. 17 . Permits : The DEVELOPER 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 DEVELOPER 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. 18 . 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 DEVELOPER shall pay for all recording cost. 19 . 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. \\JESSICA\C\DOCUMENTS AND SETTINGS\BYRNEJOI WY DOCUMENTS\MY DOCUMENTS\SPECS\DE VEL AGREE\02-121 B DEVEL FINAL VERSION.DOC Page 5