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necessary to deliver the water utilities from the COUNTY ' S facilities . All plans and specification <br /> shall be subject to the COUNTY ' s approval prior to the DEVELOPER ' s application . The <br /> DEVELOPER shall be responsible for all costs associated with the design, permitting and <br /> construction of the offsite facilities (which includes but is not limited to transmission lines , valves , <br /> fittings , hydrants, meters, and associated appurtenances) whether designed, permitted or constructed <br /> by the DEVELOPER or the COUNTY. <br /> The design, permitting, construction, operation and maintenance of all on-site water utilities which is <br /> on or solely dedicated to the DEVELOPER ' s property (including but not limited to water meter, <br /> transmission lines , pumps, valves, storage facilities, etc .) shall be the DEVELOPER ' s responsibility <br /> and expense . Construction of on-site water 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 <br /> the water meter, however the DEVELOPER shall not be deemed to own the water and the transfer or <br /> sale of water by the DEVELOPER is prohibited. <br /> The DEVELOPER may not transfer or sell water 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 <br /> utilities for the COUNTY to install , maintain, operate and monitor the water and wastewater utilities, <br /> within the private right-of-way including, but not limited to, water lines, services, laterals, manholes, <br /> meters, lift station, sewer, remote monitoring and related utility structures . <br /> After the COUNTY ' S final inspection of the off-site water and wastewater facilities for conformance <br /> with the approved plans and specifications, the DEVELOPER shall convey all the off-site facilities <br /> together with an interest in land, as may be required by the COUNTY, to the COUNTY. The <br /> conveyance shall include any of the following documents as may be required by the COUNTY, in a <br /> form acceptable to the COUNTY: <br /> a) Bill of Sale <br /> b) Record Drawings (hard copy and electronic form — AutoCAD rel . 2004) <br /> c) Grants of Easements <br /> d) Maintenance Bond <br /> 11 . Entire Agreement <br /> This Agreement embodies the entire agreement between the parties relative to the subject matter <br /> hereof, and there is no oral or written agreements between the parties, nor any representations made <br /> by either party relative to the subject 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 <br /> States pertaining to transactions in such state, and all actions arising out of this Agreement shall be <br /> brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States <br /> District Court for the Southern District of Florida . All of the parties to this Agreement have <br /> participated freely in the negotiation and preparation hereof. Accordingly, this Agreement shall not be <br /> 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, <br /> the selected contractor and any subcontractor provides to the COUNTY a certificate of commercial <br /> general liability insurance with a reputable insurance company subject to approval by the COUNTY ' s <br />