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C> <br />40 <br />40 <br />CJ <br />After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance <br />%vith the approved plants and specifications, the DEVELOPER shall convey all the offsite facilities to the <br />COUNTY. The conveyance shall include, but not be limited to die following documents, in a form <br />acceptable to the COUNTY: <br />a) Bill of Sale <br />b) Grants of Easements <br />c) Maintenance Bond <br />d) Record Drav,*s (hard copy and electronic format — AutoCAD rel. 14-0) <br />S - 1 l . Entire Agreement <br />This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, <br />and there is no oral or written agreements between the parties, nor any representations made by either party <br />relative to the subject matter hereof, which are not expressly set forts herein. <br />SC - 12. Governing Law cos Jurisdiction: <br />This Agreement shall be governed by the laws of the State of Florida and the lacus of the United States <br />pertaining to transactions in such State and all actions arising out of this Agreement shall be brought in <br />Indian River COUNTY. All of ttc parties to this agreement have participated freely in the negotiation and <br />preparation hereof, accordingly, this Agreement shall not be more strictly construed against any one of the <br />parties hereto. <br />SC - 13. Insurance: <br />DEVELOPER agrees to ensure that the selected Contractor for the project provides insurance coverage <br />in accordance with Indian River County Utilities Department requirements. in addition, Indian River <br />County shall be named as an additional insured and the Developer shalt provide an original certificate of <br />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 />after acceptance by the COUNTY. The value of the Maintenance Bond shall be twenty-five percent (25%u) <br />of the total construction value of the utility improvements. <br />SC - H. Multiple Countcrpa_rts: <br />Tltis Agreement may be executed in a number of identical counterparts which, taken together, shall <br />constitute collectively one (1) agreement; but in making proof of Otis Agreement, it shall not be necessary <br />to produce or account for more than one such counterpart executed by the party to be Charged. <br />SC - 16. Permits' <br />The DEVELOPER shall be responsible for obtaining all construction and operating permits required <br />for the construction, delivery, use and monitoring of the water distributed and ccwastcwater collected to the <br />subject property. If, through no fault of the parties involved, any federal, state or local government or <br />agency (excluding rte COUNTY) fail to issue necessary permits, grant necessary approvals, or require a <br />material change in the system, then to the extent necessary and if possible, the parucs agree to negotiate an <br />amendment to the Agreement to reflect the change in condition. if it becomes impossible or impracticable <br />to perform under the terms of this Agreement because of the above, then this Agreement shall terminate and <br />the parties shall have no further obligations to the either. <br />t+xge 4 of 6 <br />r44Y�rLR7YffrES6rvi6ftG1+Ah a l:mfy'n.uuNxnl'm�fnwll"WOV. ~;wale.1414.rnV-4dsuiH.a*,A9Yr <br />;+evel+ms's .lgrekyrra+l <br />carw spriflp <br />