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NOW THEREFORE, in consideration of the mutual covenants and commitments <br />contained herein, and other good and valuable consideration, the receipt and sufficiency of which <br />is hereby acknowledged, the parties hereto agree as follows: <br />1. Incorporation. The recitals herein contained are true and correct and are <br />incorporated herein by reference. <br />2. Ownership. The Developer represents that it is the present contract purchaser of <br />the Subject Property. <br />3. Title Opinion/Certification. The Developer will provide to the City, in advance of <br />or concurrently with the City's execution of this Commitment, a title opinion of an attorney <br />licensed in Florida, or a certification by an abstractor or title company authorized to do business <br />in Florida, showing marketable title to the Subject Property to be in the name of the Developer <br />and showing all liens, mortgages, and other encumbrances not satisfied or released of record. <br />4. Subordination/ Joinder. Unless otherwise agreed to by the City, all liens, <br />mortgages, and other encumbrances not satisfied or released of record, must be subordinated to <br />the terms of this Commitment or the lienholder must join in this Commitment. It shall be the <br />responsibility of the Developer to promptly obtain the said subordination or joinder, in form and <br />substance acceptable to the City Attorney, prior to the City's execution of the Commitment. <br />Utility Infrastructure Plan and Plan Approval. <br />a. Improvements. The Developer agrees to bear the cost to install a 12" <br />reclaimed water line on the north side of the Subject Property, in the <br />location generally shown in Exhibit B. The Developer shall submit a <br />utility infrastructure plan to be reviewed and approved by the City for <br />construction of these desired utility improvements. <br />b. Plan. The utility infrastructure plan shall comply with all City Utility <br />Specifications and Procedures, and shall include a written estimate of the <br />anticipated costs of the design, permitting and construction of the <br />improvements. Construction will not commence until the City has <br />approved the Plan, including the estimated costs, in writing. <br />C. Construction. The Developer will be solely responsible to ensure that all <br />work is accomplished in accordance with all applicable laws, including <br />those promulgated by EPA, DEP and OSHA, and the presence of a City <br />representative on the construction site shall not transfer responsibility to <br />the City for any actions of the Developer or its agents. Developer shall <br />submit all applicable permit applications to the appropriate agency for <br />review. <br />d. Inspection. During construction, City has the right to inspect the <br />installation, including, but not limited to, the materials, equipment, piping, <br />and connections to determine compliance with the approved Plans. Any <br />identified deficiencies shall be corrected immediately. <br />Page 2 <br />ORLDOCS 14630811 3 42471.0001 <br />