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unless the County' s Department of Utility Services provides written approval of the final construction cost and
<br /> the final project cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY' S sole discretion,
<br /> project costs significantly exceed those contained in Exhibit B.
<br /> 6. Captions:
<br /> Captions, if included, in this Agreement are included for convenience only and are not to be considered in any
<br /> construction or interpretation of this Agreement or any of its provisions.
<br /> 7. Construction Plans, Technical Specifications and Contract Documents:
<br /> The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities
<br /> Construction Permit to the Indian River County Utilities Department and Florida Department of Environmental
<br /> Protection (FDEP). The DEVELOPER shall not commence construction until all permits are approved and
<br /> obtained.
<br /> 8 . Definition
<br /> All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of
<br /> the party or parties may require.
<br /> 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 utilities from the COUNTY' S facilities. All plans and specifications shall be subject to the
<br /> COUNTY's approval prior to the DEVELOPER's application. The DEVELOPER shall be responsible for all
<br /> costs associated with the design, permitting and construction of the offsite facilities (which includes but is not
<br /> limited to transmission lines, valves, fittings, hydrants, meters, and associated appurtenances) whether
<br /> 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 are on or solely serving 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 ofthe potable water on the DEVELOPER's side ofthe water
<br /> meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of water by
<br /> 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 facilities for conformance with the approved plans
<br /> and specifications, the DEVELOPER shall convey all the off-site facilities together with an interest in land, as
<br /> may be required by the COUNTY, to the COUNTY. The conveyance shall include any of the following
<br /> 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
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<br /> CATTACIA N72 DOC
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