2023-061A - Laserfiche WebLink

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The design, preparation of contract documents, permitting, and construction of all water and wastewater utilities which is on or solely serving Hawks Nest Golf Course (including but not limited to water meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the DEVELOPER's responsibility and expense until such time the completion of necessary testing, acceptance of Florida Department of Environmental Protection (FDEP) Certification Of Completion, final close out of the FEC permit for work within the FEC right of way, and acceptance of the watermain dedication to Indian River County Department of Utility Services (IRCDUS) through a Bill of Sale, per (IRCDUS) Water & Wastewater Utility Standards, May 2019 or latest edition has been completed. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and approval. The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of water by the DEVELOPER is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off- site of the property. 9. Easements: The DEVELOPER shall convey to the COUNTY a utility easement for the water utilities for the COUNTY to install, maintain, operate and monitorthe water utilities, within the private right-of- way including, but not limited to, water lines, services, laterals, manholes, meters, lift station, sewer, remote monitoring and related utility structures. After the COUNTY'S final inspection of the water facilities for conformance with the approved plans and specifications, the DEVELOPER shall convey all water facilities together with an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance shall include any of the following documents as may be required by the COUNTY, in a form acceptable to the COUNTY: a) Bill of Sale b) Grants of Easements c) Maintenance Bond d) Record Drawings (hard copy, signed and sealed by a professional surveyor registered in the state of Florida, and electronic format — AutoCAD rel. 15.0 or higher) 10. Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. 11. Governing Law &Jurisdiction: -Page 3 - C:\USERS\OCMSECAMA 11llKl'A\LOCALIMICRUSUNIIWINWWS\INNICACliE\CONIEN1'.OU'l'LWK\13LX0807ZUJSVA(iREEMENI 11AWK3NhS1-D AFr-1-31-2023DOC