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<br />Turthurmorc, no work shall commence until the Utility Department provides written approval of the final
<br />construction cost. The County may require redesign and f or ru-bid if project costs significantly exceed
<br />that contained in Exhibit B.
<br />SC - 5. Captions:
<br />Captions, if included, in this Agreement are included for convenience only and are not to be
<br />considered in any construction or interpretation of this Agreement or any of its provisions.
<br />SC - 6. Construction Plans, Technical Specifications and Contract Documents :
<br />The DEVELOPER agrees to complete a final set of construction drawings and make submission for a
<br />Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of
<br />Environmental Protection (FDEP). Prior to construction, all permits must be approved.
<br />$C - 7. Definition
<br />All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the
<br />identity of the party or parties may require.
<br />SC — 9. Developer's obligation
<br />Ilic DEVELOPER shall prepare at his own expense plans, specifications, agreement, advertisement,
<br />general conditions, hereinafter referred to as the "contract documents" for the lines and facilities
<br />necessary to deliver the water utilities from the COUNTY's facilities. T"he COUNTY prior to submittal
<br />to the permitting agencies must approve all plans and specifications. The DEVELOPER shall be
<br />responsible for his hydraulic proportionate share of costs associated with design, permitting, and
<br />construction of die offsite facilities (which includes but is not limited to transmission lines, valves,
<br />fittings, hydrants, meters, and associated appurtenances) whether designed, permitted, or constructed by
<br />the DEVELOPER or the COUNTY.
<br />The design, permitting, construction, operation and maintenance of all on-sitt& water and wastewater
<br />utilities which is on or solely dedicated to the DEVELOPER's property (including but not limited to
<br />water meter, transmission lines, pumps, valves, storage facilities,) 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 rot be deemed to own the water and the transfer or sale
<br />of water is prohibited.
<br />Thr DEVELOPER may not transfer or sell ivatar or %s:•-wwa cr capaxit, to auy paiv, tul ,.., uff"siie
<br />of the property.
<br />St~ — 10. Easements
<br />The DEVELOPER shall convey to the COUNTY an exclusive easement for the water and
<br />wastewater utilities. In addition, lie DEVELOPER shall grant to the COUNTY a nonexclusive ingress-
<br />egmss easement necessary for the COUNTY to instal, maintain, up rax and iuouiiur the water and
<br />wastewater utilities, within the public right-of-way including but not limited to water lines, services.
<br />latcrw-., rti, tho}es, ritde[s, lift statiun, 1;ev6or, Mmole 1110illiuling
<br />After the COUNTY'S final inspection of the off-site water and w.'istewatcr facilities for confaimance
<br />with ibc approved pians and specifications, the DEVELOPER shall convey all the ofisitc facilities to the
<br />&WEVEt OPER S AGPLEEMEiT CS1tifYifi. Ji v 'Z
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