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4 . Maintenance of Easement. The County shall be responsible for all <br /> maintenance of the Easement including trash removal , lawn and landscape <br /> maintenance together with any other maintenance of the building , equipment and <br /> grounds covered by this easement . <br /> 5 . Fencing . A six foot chain link black vinyl fence with a locking gate shall be <br /> constructed on the perimeter of the easement by the County. Duties and maintenance <br /> at the facility would take place completely within the fenced area . <br /> 6 . Insurance and Indemnity. The County shall insure the property, building and <br /> equipment to be covered under the County's insurance . To the extent allowed by law <br /> and without waiving its sovereign immunity the County agrees to indemnify and hold <br /> harmless the School Board from any damages caused to any person or entity in <br /> connection with this easement . <br /> 7 . Additional Insured . During all phases of construction associated with this <br /> easement , the County shall cause its contractor to name the School Board as an <br /> additional insured on its policies of insurance and provide a certificate of insurance to <br /> the School Board prior to the commencement of any construction on the site . Following <br /> the completion of construction , the County shall name the School Board as an <br /> additional insured on its policy of insurance and provide a certificate of insurance to the <br /> School Board . <br /> 8 . Noise . The County shall be responsible for preventing adverse noise impacts <br /> from the pumping equipment at the Facility. To ensure that noise is minimized , the <br /> School Board staff shall be provided with the opportunity to review and approve the <br /> selected pumping and treatment system equipment during the initial design and during <br /> all subsequent maintenance of the Facility for the duration of its existence . The County <br /> shall operate the Facility in a manner that will not create any excessive noise which <br /> would unreasonably interfere with the workings and instruction conducted by the School <br /> District . <br /> 9 . Required Landscaping and Buffering . The County agrees to provide <br /> landscaping and buffering required by the code of Indian River (as depicted in Exhibits <br /> " C- 1 and C-2 " attached ) , at its sole cost and expense . Current County Code does not <br /> require a berm for this Project . <br /> 10 . Jessica Lundsford Act. In the event the School Board develops the real <br /> property adjacent to the Easement as an educational facility serving students , the <br /> County acknowledges that its employees or consultants who will access the Easement <br /> must comply with the background screening requirements set out in sections 1012 .465 , <br /> 1012 .467 , and 1012 . 468 , Florida Statutes , and without waiving the limits of sovereign <br /> immunity set out in section 768 . 28 , Florida Statutes , the County shall indemnify and <br /> hold the School Board harmless for any and all loss or damages , including loss or <br /> damage to a third party, as a result of the County' failure to comply with this <br /> requirement. <br /> 3 <br />