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to deliver the water and wastewater utilities from the COUNTY ' S facilities. All plans and specifications shall be subject to the COUNTY ' s approval prior to the DEVELOPER ' s application. The DEVELOPER shall be responsible for all costs associated with the design, permitting and construction of the offsite facilities (which includes but is not limited to transmission lines, valves , fittings, hydrants, meters, and associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY . 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, etc.) shall be the DEVELOPER' s responsibility and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and approval. The 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 by the DEVELOPER is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the property. 10. Easements: The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the private right-of-way including, but not limited to, water lines, services, laterals, manholes, meters, lift station, sewer, remote monitoring and related utility structures. 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 the off-site facilities together with an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance shall include any of the following documents as may be required by the COUNTY , 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 or higher) 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. 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, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. 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. 13 . Insurance and Indemnification : The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general liability insurance with a reputable insurance company subject to approval by the COUNTY 's risk manager in an amount not less than $3 ,000 ,000 combined single limit for bodily injury and property FJ1II TIESUTILITY - ENGMEERING PROJECTS � UTILITY CONSTRUCTION PERNITSSEBASTIAN - SH.LLHOUB WATER MAIN EXTENSION UCP ?Vi0 SHALHOUB FINAL DEV ELOPER S A6REENIENE_ TITRCH P. E W6.DOC