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Administrative Policy Manual . The commercial general liability and auto liability insurance policies shall
<br /> name Indian River County, a political subdivision of the State of Florida, as an additional insured. In
<br /> addition, 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 worker ' s
<br /> compensation insurance with a limit of $ 100,000 for each accident, $ 500,000 disease (policy limit) and
<br /> $ 100,000 disease (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 mail,
<br /> return receipt requested, addressed to the COUNTY' s risk manager, prior to cancellation or modification of
<br /> 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, judgments,
<br /> and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this
<br /> agreement, or from any act or omission of any representative, agent, client, and/or employee
<br /> of
<br /> DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims and any judgments
<br /> that may be entered in connection therewith, including attorney fees . DEVELOPER shall indemnify the
<br /> COUNTY against any claim for damage that any utility, whether publicly or privately owned, may sustain or
<br /> receive in connection with any work contemplated by this agreement. DEVELOPER shall not make any
<br /> claim of any kind or character whatsoever against the COUNTY for damages that it may suffer by reason of
<br /> the installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or
<br /> utility, whether presently in place or which may in the future be constructed or installed, including but not
<br /> limited to, any water and/or sanitary sewer mains and/or storm sewer facilities, and whether such damage is
<br /> due to flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural
<br /> causes, or 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 total
<br /> indemnity against any kind or character of claim whatsoever that may be asserted against the COUNTY.
<br /> DEVELOPER hereby agrees to defend any and all suits , claims, and causes of action brought against the
<br /> COUNTY arising out of or in connection with any work contemplated by this agreement, and DEVELOPER
<br /> agrees to pay any judgment or judgments, including attorney fees, that may be rendered against the COUNTY
<br /> or against the COUNTY' s officers, employees or agents in connection therewith.
<br /> 14 . Maintenance Bond:
<br /> The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements 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 State of Florida, for a period of one year after the
<br /> COUNTY's acceptance of the improvements . The value of the Maintenance Bond shall be 25 percent ofthe
<br /> total construction value of the utility improvements . At the COUNTY's sole discretion, the COUNTY may
<br /> accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero Beach,
<br /> Florida, in lieu of a surety bond.
<br /> 15 . Multiple Counterparts :
<br /> This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute
<br /> collectively one ( 1 ) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or
<br /> 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 the
<br /> construction, delivery, use and monitoring of the water distributed to and wastewater collected from the
<br /> subject property. If, through no fault of the parties involved, any federal, state or local government or agency
<br /> (excluding the COUNTY) fails to issue necessary permits , or fails to grant necessary approvals, or requires a
<br /> material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an
<br /> amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is
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