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9 . DEVELOPER ' s Obligations :
<br /> The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement, advertisement,
<br /> general conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary
<br /> to deliver the water and wastewater utilities from the COUNTY ' S facilities . All plans and specifications
<br /> shall be subject to the COUNTY ' s approval prior to the DEVELOPER ' s application. The DEVELOPER
<br /> shall be responsible for all costs associated with the design, permitting and construction of the offsite
<br /> facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and
<br /> associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the
<br /> COUNTY.
<br /> The design , permitting, construction, operation and maintenance of all on-site water and wastewater
<br /> utilities which is on or solely dedicated to the DEVELOPER ' s property (including but not limited to water
<br /> meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the DEVELOPER' s responsibility
<br /> and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review
<br /> and 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
<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 newer)
<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 .
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