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accordance with the COUNTY ' s Administrative Policy Manual The DE/ ELOPER shall provide to the
<br /> COUNTY at least thirty ( 30 ) da1s ' wrinenrincebyregistered mail,MUM rcccptrequested , addressedtothe
<br /> COUNTY ' s risk manager, prior to cancellation or modification of any requircd 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 cla:ms , judgrnents,
<br /> and espcnsc to per sons or property That may arise out of, or be occasioned by, any work con[emptated by this
<br /> agrel' meni , or from any act or omission of zny representative, ogen[, chert;, and or employee of DEVELOPER,
<br /> and DEVELOPER shall indemnity the COUNTY against any such claims and any judgments that maybe
<br /> ente•ed ir. connection therewith, including attomey fees. DEVELOPER. shall indemnify the COUNTY
<br /> acairst am. claim for demage that any ut 'list ,, whether publicly or pneatcly orsrned , may sustx r. or receivc i-'
<br /> cornecuon :with znv work contemplated by this afnccmcnt. DEVELOPER shall nor male envc:aim of am; l
<br /> Lind or charac [cr wha [socvc . against the CO ` \'] Y" far damm?es that i ; may suffer by reason of the
<br /> I
<br /> installation. construction, reconstrucLo n, oaerzoon , and s'ormaimtr amc of anv public improvement, or utility,
<br /> hither presently in place or*'hich may in the future be canstwcted or instilled, including but neL iunited to,
<br /> any wtacr andlor sanitary sewer mains and 'or storm server facilities. and whether such, damage is dr. c to
<br /> flooding , infiltration, backflow , andior sccpage caused from the failure ofany installation, raturxi CaUSCS , or
<br /> froma-' ': othercauseofv. hatsocvcrkindornature. Itistheintentionofthisindemnificationagreement or" 'ha
<br /> pan of DEVELOPER, and a condition of this agreement, that it she, 1 ! be full and total indemnity against any
<br /> kind o: character of claim +.ahatsocver that may be assertod against the COUNTY. DEVELOPER hereby
<br /> agt ees to defend any and all suits, claims, and causes of action hrought a;ainst t4,e COUv'TY" xtisi7goutofo:
<br /> in connection with any wort, contemolated by this agreement, a A DEVELOPER agrees to payanyjudgmenl
<br /> ori udgments, including attorney fees, that maybe rendered against the COUNTY' or arTainst t%:e CGUNTY ' s
<br /> officers , employees or agents in connection therewith.
<br /> 14. tiairtenancc Rond !
<br /> The DEVEL OPER ar ccs to convey all right , title, and interest in the aforementioned utilityimproverments to
<br /> INDIAN RIVER COUNTY and provide a %Maintenance Bond, subject to the COUNTY 's approval, issued by
<br /> a reputable surety company authorized to do business in the Staec offlorida, far a Deriod of one year after the
<br /> COUNTY"s acceptance of the improvements. The value of the %Maintenance Bond shall be 25 p=ent of the
<br /> rota ] construction value o the utility improvements. At the COUNTY's sole discretion, the COUNTY may
<br /> accept z Letter of Credit , dratc : on x reputable financial institution located within 200 miles of Vero Beach ,
<br /> Florida ., in Lieu of z surety bond.
<br /> 15. Multiple Counterparts :
<br /> This A.nrccment maybe executed ma nt:rrtber of identical courterpa is which, om en together, shall constitute
<br /> collectively one. ( 1 ) AgTocemenc; butit.. makingproofofthisA reetnen„ itshall not benecessary :o produce or
<br /> account Ter more than one such counterpart executed by the party to be charged ,
<br /> 6 Pcmtits:
<br /> The DEVELOPER shall be responsible for obtaining all construction and aperating permits requircd forthe
<br /> construction, delivery, use and monitoring of me water distributee to and wastewater collected from the
<br /> subject property. df, through no fault ofthe parties involved, any federal , state or local govemmcnt oragcncr
<br /> (ezelud! m the COLtNTYj fails to issue necessary permits, or fails to grant necessary approvals, o- requires a
<br /> material change in the system, then to the extem necessary and if possible, flee parties agree to nCgot: ate an
<br /> amendment to the Agreement to rc;lec the change in condition. if the COUNTY determines that it is
<br /> impossible or impracticable to perform under the terms of this Agreement because of the above, then this
<br /> Agreement shall te-mimate and the parties shall have no further obligations to each other.
<br /> 1lieDEVELOPER shall cornptywith reasonable request bythe COUNTY conceming on-site opernonsand
<br /> maintenance including but not limited to all FDEP regulations relating to bacterialo6cal and hydrostatic
<br /> testing , cross connection control, monitoring, color-cod[ng of water and wastewater equipment .
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