|
The design, permitting , construction, operation and maintenance of all on-site water and wastewater utilities which is
<br /> on or solely dedicated to the DEVELOPER ' s property ( including but not limited to water meter, transmission lines,
<br /> pumps , valves , storage facilities , etc . ) shall be the DEVELOPER ' s responsibility and expense . Construction of on-
<br /> 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 water
<br /> meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of water by the
<br /> DEVELOPER is prohibited .
<br /> The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the property.
<br /> 10 . Easements :
<br /> The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities for the
<br /> COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the private right-of-way
<br /> including, but not limited to , water lines , services , laterals, manholes, meters , lift station, sewer, remote monitoring
<br /> and related utility structures .
<br /> After the COUNTY ' S final inspection of the off-site water and wastewater facilities for conformance with the
<br /> approved plans and specifications, the DEVELOPER shall convey all the off-site facilities together with an interest
<br /> in land, as may be required by the COUNTY , to the COUNTY . The conveyance shall include any of the following
<br /> documents as may be required by the COUNTY, in a form acceptable to the COUNTY :
<br /> a) Bill of Sale
<br /> b) Grants of Easements
<br /> c ) Maintenance Bond
<br /> d) Record Drawings (hard copy and electronic format — AutoCAD rel . 14 . 0 or higher)
<br /> 11 . Entire Agreement
<br /> This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there is
<br /> no oral or written agreements between the parties, nor any representations made by either party relative to the subject
<br /> matter hereof, which are not expressly set forth herein.
<br /> 12 . Governing Law & Jurisdiction :
<br /> This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to
<br /> transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County,
<br /> Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida .
<br /> All of the parties to this Agreement have participated freely in the negotiation and preparation hereof. Accordingly,
<br /> this Agreement shall not be more strictly construed against any one of the parties hereto .
<br /> 13 . Insurance and Indemnification:
<br /> The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the selected
<br /> contractor and any subcontractor provides to the COUNTY a certificate of commercial general liability insurance
<br /> with a reputable insurance company subject to approval by the COUNTY ' s risk manager in an amount not less than
<br /> $ 3 , 000 , 000 combined single limit for bodily injury and property damage in accordance with the COUNTY ' s
<br /> Administrative Policy Manual . The DEVELOPER shall ensure that, at least ten ( 10) days prior to
<br /> the
<br /> commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of
<br /> business auto liability insurance with a reputable insurance company subject to approval by the COUNTY ' s risk
<br /> manager in an amount not less than $ 3 , 000, 000 per occurrence combined single limit for bodily injury and property
<br /> damage in accordance with the COUNTY ' s Administrative Policy Manual . The commercial general liability and
<br /> auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an
<br /> additional insured . In addition, the DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement
<br /> of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of worker ' s
<br /> compensation insurance with a limit of $ 100,000 for each accident, $ 500, 000 disease (policy limit) and $ 100,000
<br /> disease ( each employee ) in accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER
<br /> shall provide to the COUNTY at least thirty ( 30) days ' written notice by registered mail , return receipt requested,
<br /> addressed to the COUNTY ' s risk manager, prior to cancellation or modification of any required insurance .
<br /> Page 3
<br />
|