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C� <br />4D <br />SC -9. DEVELOPER's Obligations: <br />The DEVELOPER shall prepare at its own expense, plans, specifications, agreement, advertisement, <br />,general conditions, hereinafter referred to has the "contract documents", For the lines and facilities <br />necessary to deliver the water and wastewater utilities from the COUNTY'S facilities. The COUNTY <br />prior to submittal to the permitting agencies must approve all plans and specifications. The <br />DEVELOPER shall be responsible for all costs associated with the design, permitting (excluding permit <br />application fees and any wetland boundary determinations) and construction of the master planned water <br />main (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and <br />associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the <br />COUNTY. <br />The design, permitting, construction, operation and maintenance of all utilities which are solely <br />dedicated to the DEVELOPER's interests (including but not limited to conduits for fiber optic lines) <br />shall be the DEVELOPER's responsibility and expense. <br />SC- 10. Easements: <br />The COUNTY shall be responsible for obtaining all easements required for the installation, <br />maintenance and operation of the master planned water main. It is anticipated that the water main <br />will he constructed within existing Indian River Boulevard right-of-way. The DEVELOPER will <br />provide theCOUNTY with easement descriptions and sketches for easements (if require('). <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 master planned water <br />facilities to the COUNTY. The conveyance shall include, but not be limited to the following documents, <br />in a form acceptable to the COUNTY: <br />a) hill of sale <br />b) Grants 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 emoodics 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 nude 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. Insurncnce: <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 alt original <br />certificate of insurance. to the COUNTY. <br />C.,WC)CUMn-11TonALOCALS-1lTcmpUCt1kvdopersAgn menlAm Past <br />3or3 <br />