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g DEN L.n('t R's Obligations:
<br />The DI VLLOPER shall prepare at its own expense, plans, specifications, Agreement, advcrtiscment, general
<br />conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary to deliver the
<br />water and wastewater utilities from the COUNTY'S facilities. All plans and specifications shall he subject to the
<br />COUNTY's approval prior to the DFVF1.01TR's application. 'ftlC DI,VL'l.Cil'C;fi shall he responsible for all costs
<br />associated with the design, Imerrnitting ani construction of the offsite facilities (which includes hilt is not limited to
<br />transmission lines, valves, fittings, hydrants, metes, and associated appurtenances) whether designed, permitted or
<br />constructed by the: DINF.LOPER or the COUNTY.
<br />The design, permitting;, construction, operation and maintenance of:►Il eta-sitc,waterand wastewaterutilitieswhich
<br />is ort or solely dedicated to the I)I:VG1.0I11 It's property (including bill not limite(l to water meter, transmission
<br />lines, plumps, valves, storage facilities, etc.) shall be the I)I'NFLOPT:R's responsibility ►utd expense. Construction of
<br />on-site water and wastewater utilities shall be subject to COUNTY review and approval,
<br />The DEVELOPHIR stall be deemed in possession of the potable water on the DI VI:I.014"It's side of the water
<br />meter, however the DINFLOPPIR shall not be deemed to awn the water, and lite transfer or sale of water by the
<br />DI'.VIT0111iR is prohibited.
<br />'I'he UCV► LOPr:R may not transfer or sell water or wastewater capacity to any party for use off-site of the
<br />property.
<br />10 f�,_---_mase
<br />The DENELOPI'It shall Canvey to the COUN'T'Y a utility easement for the water, and wastewater utilities for flee
<br />COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the private right ol'-
<br />way including, but not limited to, water lines, services, laterals, manholes, meters, lift station, sewer, remote
<br />monitoring and related utility structures.
<br />After the COUNTY'S final inspection of the off-site water and wastewater I'acililies for conformance with the
<br />approved plans and specifications, the DINFLOITIt shall Conveyall the of(' -site facilities togelherwith an interest
<br />in land, as may he required by tlae COUNTY, to the (:'OUNTY. The conveyance shall include any of the following
<br />documents as may be required by the COUNTY, in at form acceptable Io the COUNTY:
<br />a) Bill of Sale
<br />h) Grants of Vasements
<br />c) Maintenance Bond
<br />d) Record Drawings (hard copy and electronic formal — AutoCAD rel. 14.0)
<br />1 I�Tiinii_c Agrcenmrnl
<br />II'll is Agreement embodies the entire agreement between the parties relative to the subject matter here tf, a nd there is
<br />no oral or written agreements between the parties, nor any representations made by either party relative to the
<br />subject matter hereof, which aro: not expressly sol forth herein.
<br />I_, Cmovcni(nin
<br />This eg Law & Juritid►e.tiom
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<br />Agreement shall he governed by the laws of the State of time laws ol'the United States pertaining to
<br />transactions in such state, and all actionsarising out of this Agreement shall he brought in Indian River County.
<br />11orida, or, in the event of I'cderal jurisdiction, the United Slates District Court for the Southern District of Florida.
<br />All of the parties to this Agreement have participated hculy in the negotiation and preparation hereof. Accordingly,
<br />this Agreement shall not Ile more strictly construed against any one of the. parties hereto.
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