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F�] <br />O <br />C.7 <br />Indian River County Department of Utility Services. The DEVELOPER shall submit to the Department of <br />Utility Services for review at least three (3) bid estimates from licensed and qualified utility contractors. The <br />term "qualified" shall be as determined by the COUNTY. The COUNTY's reimbursement of construction <br />costs to the DEVELOPER shall be conditioned upon the Utility Services Department's approval of project <br />costs. The DEVELOPER shall not commence work unless the Utility Services Department provides written <br />approval of the final construction cost. The COUNTY may require redesign and/or re -bid if, in the <br />COUNTY's sole discretion, project costs significantly exceed those contained in Exhibit `B." <br />6 Captions: <br />Captions, if included, in this Agreement are included for convenience only and arc not to be considered in <br />any construction or interpretation of this Agreement or any of its provisions. <br />7 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). The DEVELOPER shall not commence construction until all permits are <br />approved and obtained. <br />8. Definition <br />All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity <br />of the party or parties may require. <br />9. DEVELOPER's Obligations: <br />The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement, advertisement, general <br />conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary to deliver <br />the water and wastewater utilities from the COUNTY'S facilities. All plans and specification shall be subject <br />to the COUNTY's approval prior to the DEVELOPER's application. The DEVELOPER shall be <br />responsible for all costs associated with the design, permitting and construction of the offsite facilities (which <br />includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and associated <br />appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY. <br />The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities <br />which is on or solely dedicated to the DEVELOPER's property (including but not limited to water meter, <br />transmission lines, pumps, valves, storage facilities,) shall be the DEVELOPER's responsibility and expense. <br />Construction of on-site water and wastewater utilities shall be subject to COUNTY review and approval. <br />The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the <br />water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of <br />water by the DEVELOPER is prohibited. <br />The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the <br />property. <br />W <br />J <br />10. Easements: <br />The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities <br />for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the <br />private riSht-of-way including, but not limited to, water lines, services, laterals, manholes, meters, lift station, <br />--t <br />sewer, remote monitoring and related utility structures. <br />rn <br />After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance with <br />Page 3 of 6 <br />rrnrann� x>e�winrttpsutnm-e+evoaevaFaysta. vmnv camnnrnr,H nsaatauncM n�crn:�a>w nsat� ne<x trtn.orena ea�mvrwv tr.,motm <br />