|
9 . DEVELOPER' s Obligations :
<br /> The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement, advertisement, general
<br /> conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary to deliver
<br /> the water and wastewater utilities from the COUNTY' S facilities. All plans and specifications shall be
<br /> subject to the COUNTY' s approval prior to the DEVELOPER' s application. The DEVELOPER shall be
<br /> responsible for all costs associated with the design, permitting and construction of the offsite facilities (which
<br /> includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and associated
<br /> appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY.
<br /> The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities
<br /> which is on or solely dedicated to the DEVELOPER' s property (including but not limited to water meter,
<br /> transmission lines, pumps, valves, storage facilities, etc. ) shall be the DEVELOPER' s responsibility and
<br /> expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and
<br /> approval.
<br /> 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 for
<br /> the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the private
<br /> right-of-way including, but not limited to, water lines, services, laterals, manholes, meters, lift station, sewer,
<br /> 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 with
<br /> an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance shall include any
<br /> of the following documents as may be required by the COUNTY, in a form acceptable to the 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, and
<br /> 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 the
<br /> Souther District of Florida. All of the parties to this Agreement have participated freely in the negotiation
<br /> and preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of
<br /> the parties hereto.
<br /> Page 3
<br />
|