|
transmission lines, manholes, service laterals, and associated appurtenances) whether designed,
<br /> permitted or constructed by the DEVELOPER or the COUNTY .
<br /> The DEVELOPER shall be deemed in possession of the sewer service on the DEVELOPER ' s side of
<br /> the sewer cleanout, however the DEVELOPER shall not be deemed to own the sewer, and the
<br /> transfer or sale of sewer service by the DEVELOPER is prohibited .
<br /> The DEVELOPER may not transfer or sell sewer capacity to any party for use off-site of the
<br /> property .
<br /> D . Easements :
<br /> The DEVELOPER shall convey to the COUNTY a utility easement for the sewer utilities for the
<br /> COUNTY to install , maintain, operate , and monitor the sewer and utilities , within the private right-
<br /> of- way including, but not limited to, sewer lines , services , and related utility structures .
<br /> After the COUNTY ' s final inspection of the off-site sewer 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
<br /> shall include any of the following documents as may be required by the COUNTY , in a form
<br /> 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 2012 or higher)
<br /> E . 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
<br /> such 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
<br /> this agreement. DEVELOPER shall not make any claim of any kind or character whatsoever against
<br /> the COUNTY for damages that it may suffer by reason of the installation, construction,
<br /> reconstruction, operation, and/or maintenance of any public improvement, or utility , whether
<br /> presently in place or which may in the future be constructed or installed, including but not limited to,
<br /> any water and/or sanitary sewer mains and/or storm sewer facilities , and whether such damage is due
<br /> to flooding, infiltration , backflow , and/or seepage caused from the failure of any installation, natural
<br /> causes , or from any other cause of whatsoever kind or nature . It is the intention of this
<br /> indemnification agreement on the part of DEVELOPER, and a condition of this agreement, that it
<br /> shall be full and total indemnity against any kind or character of claim whatsoever that may be
<br /> asserted against the COUNTY . DEVELOPER hereby agrees to defend any and all suits , claims , and
<br /> causes of action brought against the COUNTY arising out of or in connection with any work
<br /> contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments ,
<br /> including attorney fees , that may be rendered against the COUNTY or against the COUNTY ' s
<br /> officers , employees or agents in connection therewith .
<br /> F . Maintenance Bond :
<br /> - 2 -
<br />
|