Common use of TRANSFER OF TITLE AND OWNERSHIP Clause in Contracts

TRANSFER OF TITLE AND OWNERSHIP. By this AGREEMENT, the DEVELOPER, shall convey to the CITY, title to all water distribution and wastewater collection and transmission facilities installed by the DEVELOPER or the DEVELOPER's contractor, pursuant to the provisions of this WATER AND WASTEWATER AGREEMENT. Such conveyance shall take effect pursuant to Division 3 and 4 of Article II, Chapter 13 of the Coconut Creek Land Development Code. Included in the approval and acceptance of the system by the CITY Engineer, shall be documentation demonstrating the DEVELOPER's compliance with the above- referenced sections of the Land Development Code. As further evidence of said transfer of title, and upon the completion of the installation and prior to the rendering of service by the CITY, the DEVELOPER shall convey to the CITY at the request of the CITY by "Bill of Sale," in form satisfactory to the CITY's counsel, the complete on-site water distribution and wastewater collection and transmission facilities. The DEVELOPER shall further cause to be conveyed to the CITY all easements and rights- of-ways covering areas in which water and wastewater facilities are installed, by recordable document in form satisfactory to the CITY's counsel. The DEVELOPER shall also convey, by Warranty Deed, any and all wastewater collection and transmission facilities. All conveyance of easements, rights-of-ways, or Warranty Deeds shall be accompanied by evidence of title, satisfactory to the CITY, establishing the DEVELOPER's right to convey such easements, rights-of-ways or Warranty Deeds and further evidencing the CITY's right to the continuous enjoyment of such easements, rights-of-way or Warranty Deed properties to the exclusion of any other person in interest. The CITY agrees that the acceptance of the water distribution and wastewater collection and transmission facilities installed by the DEVELOPER shall constitute the assumption of responsibility by the CITY for the continuous operation and maintenance of such systems from that date forward. Mortgagees, if any, holding prior liens on such properties shall be required to release such liens, subordinate their position or join in the grant dedication of the easements, rights-of-way or Warranty Deeds, prior to acceptance of said dedication, easement, right-of-way or deed by the CITY. All water distribution or wastewater collection and transmission facilities, save and except consumer installations, shall be covered by easements, rights-of-way or warranty deeds. Neither the DEVELOPER , nor any person or other entity holding title to any of the Property, shall have any present or future right, title, claim or interest in and to the Fee or to any of the water distribution and wastewater collection and transmission facilities and properties of the CITY. All prohibitions applicable to the DEVELOPER, are applicable to all subsequent owners, person or entities. The CITY shall not be required to accept title to any component part of the water distribution or wastewater collection and transmission facilities as constructed by the DEVELOPER until the CITY's engineer has approved the construction of said lines and accepted the tests to determine that such construction is in accordance with applicable provisions of the Coconut Creek Land Development Code, and final approval has been received by any other agency having jurisdiction. Said approval shall be made as required in the Coconut Creek Land Development Code and shall be evidence of the CITY'S acceptance of said lines for the CITY'S ownership, operation and maintenance.

TRANSFER OF TITLE AND OWNERSHIP. By this AGREEMENT, This Agreement shall constitute a conveyance by the DEVELOPER, shall convey OWNER to the CITY, CITY of title to all water distribution and wastewater collection and transmission facilities installed by the DEVELOPER OWNER or the DEVELOPER's OWNER’s contractor, pursuant to the provisions of this WATER AND WASTEWATER AGREEMENTAgreement. Such conveyance shall take effect pursuant to Division 3 and 4 of Article II, Chapter 13 of the Coconut Creek Land Development Code. Included in the approval and acceptance of the system by the CITY Engineer, City Engineer shall be documentation demonstrating the DEVELOPER's OWNER’s compliance with the above- above-referenced sections of the Land Development Code. As further evidence of said transfer of title, title and upon the completion of the installation and prior to the rendering of service by the CITY, the DEVELOPER OWNER shall convey to the CITY at the request of the CITY by "Bill Xxxx of Sale," in form satisfactory to the CITY's ’S counsel, the complete on-site and off-site water distribution and wastewater collection and transmission facilities. The DEVELOPER OWNER shall further cause to be conveyed to the CITY all easements and rights- rights-of-ways covering areas in which water and wastewater facilities are installed, by recordable document in form satisfactory to the CITY's ’s counsel. Until such time as OWNER conveys title and ownership to CITY as required herein and the documentation evidencing same is accepted by CITY, OWNER shall retain ownership of all facilities installed by OWNER and shall be solely responsible for the facilities and maintenance of same. The DEVELOPER OWNER shall also convey, by Warranty Deed, convey to CITY any and all wastewater collection and transmission facilities. All conveyance conveyances of easements, rights-of-ways, or Warranty Deeds real property shall be accompanied by evidence of title, satisfactory to the CITY, establishing the DEVELOPER's OWNER’s right to convey such easements, rights-of-ways or Warranty Deeds real property and further evidencing the CITY's ’s right to the continuous enjoyment usage of such easements, rights-of-way way, or Warranty Deed properties to the exclusion of any other person in interestreal property. The CITY agrees that the acceptance of the water distribution and wastewater collection and transmission facilities installed by the DEVELOPER OWNER shall constitute the assumption of responsibility by the CITY for the continuous operation and maintenance of such systems from that date forward. Mortgagees, if any, holding prior liens on such properties shall be required to release such liens, subordinate their position or join in the grant dedication and/or conveyance of the easements, rights-of-of- way or Warranty Deedsreal property, prior to acceptance of said dedication, easement, right-of-way or deed by the CITY. All water distribution or wastewater collection and transmission facilities, facilities save and except consumer installations, shall be covered conveyed by easements, rights-of-way or warranty deedsWarranty Deeds. Neither the DEVELOPER OWNER, nor any person or other entity holding title to any of the Property, shall have any present or future right, title, claim or interest in and to the Fee or to any of the water distribution and wastewater collection and transmission facilities and properties of the CITY. All prohibitions applicable to the DEVELOPER, OWNER are applicable to all subsequent owners, person or entities. The CITY shall not be required to accept title to any component part of the water distribution or wastewater collection and transmission facilities as constructed by the DEVELOPER OWNER until the CITY's engineer City Engineer has approved the construction of said lines and accepted the tests to determine that such construction is in accordance with applicable provisions of the Coconut Creek CITY’s Land Development Code, and final approval has been received by any other agency having jurisdiction. Said approval shall be made as required in the Coconut Creek Land Development Code and shall be evidence of the CITY'S ’S acceptance of said lines for the CITY'S ’S ownership, operation and maintenance.

TRANSFER OF TITLE AND OWNERSHIP. By this AGREEMENT, This Agreement shall constitute a conveyance by the DEVELOPER, shall convey DEVELOPER to the CITY, CITY of title to all water distribution and wastewater collection and transmission facilities installed by the DEVELOPER or the DEVELOPER's contractor, pursuant to the provisions of this WATER AND WASTEWATER AGREEMENTAgreement. Such conveyance shall take effect pursuant to Division 3 and 4 of Article II, Chapter 13 of the Coconut Creek Land Development Code. Included in the approval and acceptance of the system by the CITY Engineer, City Engineer shall be documentation demonstrating the DEVELOPER's compliance with the above- above-referenced sections of the Land Development Code. As further evidence of said transfer of title, title and upon the completion of the installation and prior to the rendering of service by the CITY, the DEVELOPER shall convey to the CITY at the request of the CITY by "Bill Xxxx of Sale," in form satisfactory to the CITY's ’S counsel, the complete on-site and off-site water distribution and wastewater collection and transmission facilities. The DEVELOPER shall further cause to be conveyed to the CITY all easements and rights- rights-of-ways covering areas in which water and wastewater facilities are installed, by recordable document in form satisfactory to the CITY's ’s counsel. Until such time as DEVELOPER conveys title and ownership to CITY as required herein and the documentation evidencing same is accepted by CITY, DEVELOPER shall retain ownership of all facilities installed by DEVELOPER and shall be solely responsible for the facilities and maintenance of same. The DEVELOPER shall also convey, by Warranty Deed, convey to CITY any and all wastewater collection and transmission facilities. All conveyance conveyances of easements, rights-of-ways, or Warranty Deeds real property shall be accompanied by evidence of title, satisfactory to the CITY, establishing the DEVELOPER's right to convey such easements, rights-of-ways or Warranty Deeds real property and further evidencing the CITY's right to the continuous enjoyment usage of such easements, rights-rights- of-way way, or Warranty Deed properties to the exclusion of any other person in interestreal property. The CITY agrees that the acceptance of the water distribution and wastewater collection and transmission facilities installed by the DEVELOPER shall constitute the assumption of responsibility by the CITY for the continuous operation and maintenance of such systems from that date forward. Mortgagees, if any, holding prior liens on such properties shall be required to release such liens, subordinate their position or join in the grant dedication and/or conveyance of the easements, rights-of-of- way or Warranty Deedsreal property , prior to acceptance of said dedication, easement, right-of-way or deed by the CITY. All water distribution or wastewater collection and transmission facilities, facilities save and except consumer installations, shall be covered conveyed by easements, rights-of-way or warranty deedsWarranty Deeds. Neither the DEVELOPER DEVELOPER, nor any person or other entity holding title to any of the Property, shall have any present or future right, title, claim or interest in and to the Fee or to any of the water distribution and wastewater collection and transmission facilities and properties of the CITY. All prohibitions applicable to the DEVELOPER, DEVELOPER are applicable to all subsequent owners, person or entities. The CITY shall not be required to accept title to any component part of the water distribution or wastewater collection and transmission facilities as constructed by the DEVELOPER until the CITY's engineer City Engineer has approved the construction of said lines and accepted the tests to determine that such construction is in accordance with applicable provisions of the Coconut Creek Land Development Code, and final approval has been received by any other agency having jurisdiction. Said approval shall be made as required in the Coconut Creek CITY’s Land Development Code and shall be evidence of the CITY'S acceptance of said lines for the CITY'S ownership, operation and maintenance.