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reasonable determination by the County that the costs incurred for such work were normal and customary. 10. Stormwater Management: The Developer agrees to incorporate, at no cost to the County, sufficient capacity in Waterway Village to accommodate stormwater storage and other St. Johns River Water Management District mandated permit conditions, effective on the date of permit issuance, for the im�3ervious area for the following roadway sections and associated intersections: 53` Street from King's Hi4hway (58'h Avenue) to the eastern boundary of Waterway Village; 43`d Avenue from 49' Street to 53`d Street; 49'h Street project related turn lanes; and King's Highway (581h Avenue) four -lane widening along the project frontage. The County agrees that the mining activities associated with extracting and transporting of this fill will not be charged against the limited duration of the incidental to construction mining permits issued to the Developer for the development. The capacity shall be such as to accommodate the drainage for the described section of 53`d Street if and when it is widened to six lanes. As part of its design and construction of 53`d Street described herein, the Developer shall design, permit, and install drainage improvements to direct the drainage from the future widening of 53`d Street to six (6) lanes. The County shall reimburse the Developer for all incremental costs incurred to accommodate the increased drainage from a four -lane road to a six -lane road, such as, but not limited to, any increase on price for larger pipes. Further, the Developer's obligation shall be deemed satisfied when the County issues a Certificate of Completion for 53`d Street as a four -lane road. 11. Insurance and Indemnification: During the Developer's performance of any construction in County right-of-way covered by this Amended Agreement, the Developer shall provide the County with evidence that the Developer or the Developer's Contractor has obtained and maintains the insurance listed below. A. The Developer or the Developer's Contractor shall procure and maintain for the duration of all construction contracts, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Developer, his agents, representatives, employees or sub -contractors. RM:7031940:9 B. Minimum Scope of Insurance (1) Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. (2) Commercial General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. The County shall be an additional insured. Auto Liability $1,000,000 combined single limit per accident for bodily injury and property damage for owned and non -owned vehicles. The County shall be additional insured. Page 8 of 14