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NOW, THEREFORE, in consideration of the mutual covenants and agreements herein <br />contained, it is agreed by and between the parties as follows: <br />1. That the foregoing recitals are true and correct. <br />2. DEVELOPER shall construct, at its own discretion, its own fire prevention <br />system on the subject Property. DEVELOPER is providing and constructing such system, or <br />choosing not to construct such system, based upon DEVELOPER's own knowledge and for <br />DEVELOPER's own purposes. DEVELOPER will retain ownership and be responsible for the <br />maintenance and operation of the fire prevention system. <br />3. Any additional costs incurred as a result of changes in the Improvement's design <br />requirements made by a regulatory agency having jurisdiction shall be the responsibility of the <br />DEVELOPER. <br />4. The CITY agrees to allow DEVELOPER, to the extent of the CITY's authority, to <br />install the Improvement in the easement and/or right -of -way as noted above. Further, the CITY <br />will allow DEVELOPER to tie the Improvement into the existing line, and within six months of <br />completion, the CITY will provide an adequate water supply, as defined in the Metropolitan <br />Miami -Dade County Code, to service the Building. OWNER and DEVELOPER agree that the <br />cost and expense of construction of all consumer installations, including but not limited to <br />appliances, pipes, valves, fixtures, shut -offs, or apparatus of every kind and nature used in <br />connection with or forming a part of an installation for utilizing water services and extending <br />from the CITY's water mains in a public place or easement or reserved strip or on OWNER's <br />property, shall be that of the OWNER. In addition, the CITY agrees to use reasonable efforts to <br />assist DEVELOPER to obtain such governmental approvals as may be necessary to construct the <br />Improvement so long as there is no cost to the CITY and to allow OWNER to use such utility <br />easements as the CITY controls to install the Improvement. <br />5. DEVELOPER agree to pay for engineering costs and all costs of installing the <br />Improvement. The consent of the CITY to the installation of said Improvement is expressly <br />contingent upon the CITY not incurring any expenditure for the Improvement other than routine <br />administrative costs and subsequent costs of maintenance. <br />6. OWNER and DEVELOPER agree to convey to the CITY at no charge and the <br />CITY agrees to accept the Improvement when completed and tested, provided said Improvement <br />is constructed in compliance with the approved plans and to the utility's standards and has passed <br />a final inspection by utility personnel. In addition, the following documents are to be submitted <br />to and accepted by the Public Services Department: <br />i) As -Built drawings, one (1) Mylar transparency and one (1) print certified <br />and signed by contractor and engineer of record and meeting the as -built <br />drawing standard of the utility; <br />ii) Contractor's Waiver and Release of Lien; <br />Page 2 of 7 <br />