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S . Definition :
<br /> All pronouns shall be deemed to refer to the masculine , feminine, or neuter, singular or plural ,
<br /> as the identity of the party or parties may require .
<br /> 9 . DEVELOPER'S Obligations :
<br /> The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement,
<br /> advertisement, general conditions, hereinafter referred to as the " contract documents ", for the
<br /> lines and facilities necessary to deliver the water utilities from the COUNTY'S facilities . All plans
<br /> and specifications shall be subject to the COUNTY's approval prior to the DEVELOPER's
<br /> application . The DEVELOPER shall be responsible for all costs associated with the design ,
<br /> permitting and construction of the offsite facilities (which includes but is not limited to
<br /> transmission lines, valves, fittings, hydrants, meters, and associated appurtenances) whether
<br /> designed , permitted or constructed by the DEVELOPER or the COUNTY.
<br /> The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of
<br /> the water meter, however the DEVELOPER shall not be deemed to own the water, and the
<br /> transfer or sale of water by the DEVELOPER is prohibited .
<br /> The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-
<br /> site of the property .
<br /> 10 . Easements :
<br /> The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater
<br /> utilities for the COUNTY to install , maintain , operate and monitor the water and wastewater
<br /> utilities, within the private property, if any , including , but not limited to, water lines, services,
<br /> laterals, manholes, meters, lift station , sewer, remote monitoring and related utility structures .
<br /> After the COUNTY'S final inspection of the off-site water facilities for conformance with the
<br /> approved plans and specifications, the DEVELOPER shall convey all the off-site facilities together
<br /> with an interest in land , as may be required by the COUNTY, to the COUNTY. The conveyance
<br /> shall include any of the following documents as may be required by the COUNTY, 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 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
<br /> matter hereof, and there is no oral or written agreements between the parties, nor any
<br /> representations made by either party relative to the subject matter hereof, which are not
<br /> 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
<br /> States pertaining to transactions in such state, and all actions arising out of this Agreement
<br /> shall be brought in Indian River County, Florida , or, in the event of federal jurisdiction , the
<br /> United States District Court for the Southern District of Florida . All of the parties to this
<br /> Agreement have participated freely in the negotiation and preparation hereof. Accordingly, this
<br /> 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
<br /> work, the selected contractor and any subcontractor provides to the COUNTY a certificate of
<br /> 3 -
<br /> revised 08 . 03 . 07
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