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of Environmental Protection (FDEP). The DEVELOPER shall not commence construction until all
<br /> permits are approved and obtained.
<br /> D. 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
<br /> necessary to deliver the water 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
<br /> DEVELOPER shall be responsible for all costs associated with the design, permitting and
<br /> construction of the offsite facilities (which includes but is not limited to transmission lines, valves,
<br /> fittings, hydrants, meters, and associated appurtenances) whether designed, permitted or constructed
<br /> by the DEVELOPER or the COUNTY.
<br /> The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER' s side of
<br /> the water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or
<br /> sale of water by the DEVELOPER is prohibited .
<br /> The DEVELOPER may not transfer or sell water capacity to any party for use off-site of the property.
<br /> E . Easements :
<br /> The DEVELOPER shall convey to the COUNTY a utility easement for the water utilities for the
<br /> COUNTY to install, maintain, operate and monitor the water and utilities, within the private right-of-
<br /> way including, but not limited to, water lines, services, meters, and related utility structures.
<br /> After the COUNTY ' S final inspection of the off-site water facilities for conformance with the
<br /> 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
<br /> 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 /> F. Insurance and Indemnification:
<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,
<br /> judgments, and expense to persons or property that may arise out of, or be occasioned by, any work
<br /> contemplated by this agreement, or from any act or omission of any representative, agent, client,
<br /> and/or employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such
<br /> claims and any judgments that may be entered in connection therewith, including attorney fees.
<br /> DEVELOPER shall indemnify the COUNTY against any claim for damage that any utility, whether
<br /> publicly or privately owned, may sustain or receive in connection with any work contemplated by this
<br /> agreement. DEVELOPER shall not make any claim of any kind or character whatsoever against the
<br /> COUNTY for damages that it may suffer by reason of the installation, construction, reconstruction,
<br /> operation, and/or maintenance of any public improvement, or utility, whether presently in place or
<br /> which may in the future be constructed or installed, including but not limited to, any water and/or
<br /> sanitary sewer mains and/or storm sewer facilities, and whether such damage is due to flooding,
<br /> infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes, or
<br /> from any other cause of whatsoever kind or nature. It is the intention of this indemnification
<br /> F:\UTII.ITIES\UTIUTY • ENGINEERINGWROIECTS • UTILITY CONSTRUCTION PERMITS\92ND COURT WATER MAIN EXTENSION • UCPM 3172\DEVEI.OPER'S AOREEMENT-APPROVED BY WKD.09.13-
<br /> 1293RR.DOC 2
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