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The DEVELOPER shall convey to the COUNTY an exclusive casement for the water and wastewater utilities. In addition, the DEVELOPER shall grant to the COUNTY a non-exclusive ingress- egress easement necessary for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the public right-of-way including but not limited to water lines, services, laterals, manholes, meters, lift station, sewer, remote monitoring Alter the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance with the approved plans and specifications, the DEVELOPER shall convey all the offsite facilities to the COUNTY. The conveyance shall include, but not be limited to the following documents, in a form acceptable to the COUNTY: a) Bill of Sale b) Grants of Easements c) Maintenance Bond d) Record Drawings (hard copy and electronic format — AutoCAD rel. 14.11) SC - 11 Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there is no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which arc not expressly set forth herein. SC - 12. Govetninsr Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the Unitcd States pertaining to transactions in such State and all actions arising out of this Agreement shall be brought in Indian 'River COUNTY. All of the parties to this agreement have participated freely in the negotiation and preparation hereof; accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. SC - 13. Insurance:: DEVELOPER agrees to ensure that the selected Contractor for the project provides insurance coverage in accordance with Indian River County Utilities Department requirements. In addition, Indian River County shall be named as an additional insured and the Developer shall provide an original certificate of insurance to the COUNTY. SC- 14. Maintenanec I3gnd : The DEVELOPER agrees to convey all right, title curd interest in the aforementioned utility Improvements to Indian River County, Florida, and provide a Maintenance: Bond for a period of one-year after release of final payment by die COUNTY. The value of the Maintenance Bond shall be twenty-ftvc percent (25%) of the total construction value of elle utility improvements. SC - 15. Multi le Counte arts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (l) agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart cxceutcd by the party to be charged. SC - 16 crmitw. The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed and wastewater collected to the subject property. If, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fail to issue necessary permits, grant necessary approvals, or requite a Developer's Agreement Pointe west or Vero Beach Page 5 of 17 CAIeven Doyle Files',Project - Pointe West orvera mach%Point Neat of Vero reach, Dmiopers Agreement, Nov 17, 1999.doc