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i 4W r The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities which is on or solely dedicated to the DEVELOPER's property (including but not limited to water meter, transmission lines, pumps, valves, storage facilities,) shall be the DEVELOPER's responsibility and expense. Construction of on-site water and wastewater utilities shall be subject to COUNT' review and approval. Tltc DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the water meter, however the DEVELOPER shall not be deemed to own the water and the transfer or sale of water is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use offsite of tate property. SC - 10. COUNTY's ObhEations: The COUNTY shall be responsible for obtaining all construction and operating permits required for the construction, delivm, use and monitoring of the water distributed to and wastewater collected from 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 require a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the chantc in condition. If it becomes impossible or impracticable to perform under the terms of this Agreement because of the above, then this Agreement shall terminate and the parties shall have no further obligations to the other. The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color -coding of water and wastewater equipment. SC - I l._ Conveyance of Facilities: After 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 dic offirite facilities to the COUNTY. The conveyance may include, any of the following documents as necessary, 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. 14.0) SC - 12. 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 are not expressly sot forth herein. $C - 13. Governing Law & Jurisdiction: This Agreement sltall be governed by the laws of the State of Florida and the laws of We United, States pertaining to transactions in such State and al] 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. tkvetuper's'%W' rs 1t 4PSvc i D sign Cenia Page 3 ur6 F.+LWfma' VnLf1Y•£f.Yil!7E£RltihRoh�u-L1daY com" m P=LuWWh SVM Dew Cood4* Stint Mmp Cmw • Dndoom Ad�—mt d�