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Upon the completion, delivery, and acceptance of the facilities <br />herein described, COUNTY does agree to make available water <br />and sanitary sewer service to that portion of the above described <br />property served by the facilities so constructed, conveyed and <br />accepted in accordance with COUNTY'S tariffs as they shall be <br />lawfully constituted from time to time; however, DEVELOPERS do <br />hereby agree that there shall be no obligation on the part of <br />COUNTY under this Agreement or under any public utility law <br />to furnish water service and/or sanitary sewer service to any <br />portion of the within described properties unless and until <br />all of the proposed facilities designed to serve such portion <br />have been constructed, conveyed and accepted as provided herein. <br />5. DEVELOPERS hereby further agree to dedicate and/or <br />cause to be dedicated by others to the use of the public forever <br />such perpetual easements and/or rights-of-way within DEVELOPERS <br />property or in or upon the lands to be traversed by the faci- <br />lities herein contemplated to be constructed by good engineering <br />practice, as determined by the said Engineers, and/or cognizant <br />governmental authorities, as each phase is completed. <br />6. It is further understood and agreed that the installation <br />of water meters and connection of water services to individual <br />lots or buildings in the area proposed to be served and the <br />connection of sewer services to such individual lots or buildings <br />will be at the expense of the lot or building owners in the <br />manner customarily provided for other customers of COUNTY'S <br />Utilities Department. <br />DEVELOPERS further agree that no structures or service <br />will be completed unless provided with installed meters as <br />required. Meters will be purchased from and be installed by <br />the COUNTY as engineering plans call for. Service will be <br />provided after mains have been inspected and disinfected as <br />required, and after as -built drawings delivered to COUNTY. <br />7. DEVELOPERS further agree to install traffic type fire <br />hydrants. It is further understood and agreed that if the <br />DEVELOPER or builder decides that it is necessary to reposition <br />a hydrant, even though the hydrant was installed and positioned <br />correctly according to the plans, then in such cases the <br />DEVELOPER or builder must arrange for the moving of the hydrant, <br />and pay the cost thereof. <br />8. This Agreement and the provisions hereof shall not <br />be deemed to create a joint venture between the signatories <br />hereto. Neither party shall have the power or authority to <br />incur any obligations or liabilities which will be binding <br />upon the other party. <br />9. DEVELOPERS further agree that DEVELOPERS will observe <br />all of the Ordinances in relation to obtaining permits for <br />occupying, excavating or in any way obstructing the streets <br />and alleys of JNDIAN RIVER COUNTY. Any expense so incurred <br />shall be borne by DEVELOPERS. <br />10. This Agreement shall be binding upon and shall <br />inure to the benefit of DEVELOPERS, COUNTY and their respective <br />assigns and corporate successors by merger, consolidation, <br />conveyance, and/or legislative action. <br />-3- <br />MAR 191990 WOK :4 PACE 49 <br />