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6 . Captions : <br /> Captions , if included, in this Agreement are included for convenience only and are 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 <br /> are 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 <br /> 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, advertisement, <br /> general conditions , hereinafter referred to as the "contract documents ", for the lines and facilities necessary <br /> to deliver the water and wastewater utilities from the COUNTY ' S facilities . All plans and specifications <br /> shall be subject to the COUNTY ' s approval prior to the DEVELOPER ' s application. The DEVELOPER <br /> shall be responsible for all costs associated with the design, permitting and construction of the offsite <br /> facilities (which includes but is not limited to transmission lines , valves, fittings , hydrants , meters , and <br /> associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the <br /> COUNTY . <br /> The design, permitting, construction, operation and maintenance of all on-site water and wastewater <br /> utilities which is on or solely dedicated to the DEVELOPER ' s property (including but not limited to water <br /> meter, transmission lines , pumps , valves, storage facilities, etc . ) shall be the DEVELOPER ' s responsibility <br /> and expense . Construction of on-site water and wastewater utilities shall be subject to COUNTY review <br /> 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 /> 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 right-of-way including, but not limited to , water lines , services , laterals , manholes , meters , lift <br /> 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 with <br /> the 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 shall <br /> include any of the following documents as may be required by the COUNTY, in a form acceptable to the <br /> COUNTY : <br /> a) Bill of Sale <br /> b) Grants of Easements <br /> WFALCON TRACMUTE.ITY AGREEMENT REVISED V9.DOC - 4 - <br />