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1 do i L-1 The DEVELOPER shall not be required to obtain utility easements for this project. All construction shall be within the existing right-of-way of Indian River Drive. After the COUNTY'S final inspection of the off-site water facilities for conformance with the approved plans and specifications, the DEVELOPER shall convey all the offsite 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 - 11. 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 set forth herein. `i SC - 12. Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such State and all 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. SC - 13. Insurance: DEVELOPER agrees to ensure that the selected Contractor for the project provides insurance coverage in accordance with Indian River County Utilities Department requirements. In addition, Indian River County shall be named as an additional insured and the Developer shall provide an original certificate of insurance to the COUNTY. SC - 14. Maintenance Bond The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements to Indian River County, Florida, and provide a Maintenance Bond supplied by the contractor for a period of one-year after acceptance by the COUNTY. The value of the Maintenance Bond shall be twenty-five percent (25%) of the total construction value of the utility improvements. SC - 15. Multiple Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. SC - 16. Permits: The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed to 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 change 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 utilities. E\SWOC17k-W-Ri•. [:.en.Dn kN* AL—1—h N—y'M—dnc.