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0 <br />water meter, transmission lines, valves, backflow prevention device) shall be the DEVELOPER's <br />responsibility and expense. Construction of on-site water and wastewater utilities shall be subject to <br />COUNTY review and approval. <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 sale <br />of water is prohibited. r <br />The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use offsite <br />of the property. <br />SC - 10 Easements• <br />The DEVELOPER shall convey to the COUNTY a 20 -feet wide exclusive easement for the water <br />and/or wastewater utilities along the northern portion of the DEVELOPER'S property from College Lane <br />to 661s Street (refer to EXHIBIT C).. In addition, the DEVELOPER shall grant to the COUNTY a non- <br />exclusive ingress -egress easement necessary for the COUNTY to install, maintain, operate and monitor <br />the water and wastewater utilities, within the public right -0f --way including but not limited to water lines, <br />services, laterals, manholes, meters, lift station, sewer, remote monitoring <br />After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance <br />with the approved plans and specifications, the DEVELOPER shall convey all the offsite facilities to the <br />COUNTY. The conveyance shall include, but not be limited to the following documents, in a form <br />acceptable to the COUNTY: <br />a) Bill of Sale <br />b) Grant of Easements <br />c) Maintenance Bond <br />d) Record Drawings (hard copy and electronic format — AutoCAD rel. 14.0) <br />SC - 11. Entire Agreement: <br />This Agreement embodies the entire agreement between the parties relative to the subject matter <br />hereof, and there is no oral or written agreements between the parties, nor any representations made by <br />either party relative to the subject matter hereof, which are not expressly set forth herein. <br />SC - 12 Governing Law & Jurisdiction: <br />This Agreement shall be governed by the laws of the State of Florida and the laws of the United <br />States pertaining to transactions in such State and all actions arising out of this Agreement shall be <br />brought in Indian River COUNTY. All of the parties to this agreement have participated freely in the <br />negotiation and preparation hereof; accordingly, this Agreement shall not be more strictly construed <br />against any one of the parties hereto. <br />SC - 13. Insurance: <br />DEVELOPER agrees to ensure that the selected Contractor for the project provides insurance <br />coverage in accordance with Indian River County Utilities Department requirements. In addition, Indian <br />River County shall be named as an additional insured and the DEVELOPER shall provide an original <br />certificate of insurance to the COUNTY. <br />SC - 14. Maintenance Bond : <br />The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility <br />improvements to Indian River County, Florida, and provide a Maintenance Bond for a period of one-year <br />Page 3 of 9 <br />01SUvm Doyb FilatPtojea - Indian Riva Coa u dly College Agt t - Davalopm A&T-2 t, IRCC CUMM - Nov 3,1999AM <br />Developer's Agreement <br />Indian River Community College <br />