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The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER ' S side of the <br /> water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of <br /> water by the DEVELOPER is prohibited . <br /> The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the <br /> property. <br /> 10 . Easements : <br /> The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities <br /> for the COUNTY to install , maintain, operate and monitor the water and wastewater utilities, within the <br /> private right-of-way including, but not limited to, water lines, services, laterals, manholes, meters, lift <br /> station, sewer, remote monitoring and related utility structures . <br /> After the COUNTY ' S final inspection of the off-site water and wastewater facilities for conformance with <br /> the approved plans and specifications, the DEVELOPER shall convey all the off-site facilities together <br /> with an interest in land, as may be required by the COUNTY, to the COUNTY . The conveyance shall <br /> include any of the following documents as may be required by the COUNTY, in a form acceptable to the <br /> COUNTY : <br /> a) Bill of Sale <br /> b) Grants of Easements <br /> c) Maintenance Bond <br /> d) Record Drawings (hard copy and electronic format — AutoCAD rel . 14 . 0 or higher) <br /> 11 . Entire Agreement <br /> This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, <br /> and there is no oral or written agreements between the parties, nor any representations made by either party <br /> relative to the subject matter hereof, which are not expressly set forth herein . <br /> 12 . Governing Law & Jurisdiction : <br /> This Agreement shall be governed by the laws of the State of Florida and the laws of the United States <br /> pertaining to transactions in such state , and all actions arising out of this Agreement shall be brought in <br /> Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for <br /> the Southern District of Florida. All of the parties to this Agreement have participated freely in the <br /> negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed <br /> against any one of the parties hereto . <br /> 13 . Insurance and Indemnification : <br /> The 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 commercial general <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 combined single limit for bodily injury and property <br /> damage in accordance with the COUNTY ' S Administrative Policy Manual . The DEVELOPER shall <br /> ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any <br /> subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable <br /> insurance company subject to approval by the COUNTY ' S risk manager in an amount not less than <br /> $ 3 ,000 , 000 per occurrence combined single limit for bodily injury and property damage in accordance <br /> with the COUNTY ' S Administrative Policy Manual . The commercial general liability and auto liability <br /> 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 /> Page 4 <br /> F:\UTILITIES\UTILITY - ENGMEERING\PROJECTS - UTILITY CONSTRUCTION PERMITSMAZZARELLA SUBDIVISION UCP # 2250 AGREEMENT - DEVELOPERS AGREEMENT - DEVELOPMENT OF OFF-SITE <br /> UTILITIES, COUNTY STANDARD WITH PAYMENT BOND.DOC <br />