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B. TEMPORARY CERTIFICATE OF OCCUPANCY: Provided all other requirements for a certificate of occupancy are, in the COUNTY's Building Official's sole opinion, fulfilled, the COUNTY agrees to issue a temporary certificate of occupancy for the use of the loading dock at the Bed, Bath and Beyond store at Indian River Commons, 6150 20"'Street,Vero Beach, Florida 32966 in Indian River County, Florida, prior to the completion of the relocation of the water main, on the following conditions: (i.) DEVELOPER hereby agrees to assume all responsibility, and to hold Indian River County harmless, from and against any loss, cost, liability- and expense arising out of leakage of the waterline presently existing under the loading dock improvement. Prior to the issuance of a temporary certificate of occupancy, DEVELOPER shall install an in-line valve on either side of the first fitting for the relocated portion of the water main. (2.) DEVELOPER hereby agrees that the temporary certificate of occupancy shall be void and of no further force or effect in the event that this Development Agreement is not approved by the Board of County Commissioners of Indian River County, Florida. (3.) The DEVELOPER's obligations set forth in this Agreement are promises that the DEVELOPER shall fulfill and by which the DEVELOPER shall be contractually bound in consideration of the COUNTY's Building Division's issuance of a temporary certificate of occupancy for the subject loading dock in advance of the COUNTY's execution of this Agreement and regardless of whether the COUNTY executes this Agreement. 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3. Assignability: Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY. 4. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid,binding obligations and are enforceable in accordance Nrith their terms. 5. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. 6. Construction Plans Technical Specifications and Contract Documents: C:\DOCUME-1\gamDltlm\LOCALS-1tTemp\C Lotus.Notes.DRIMAgreement-On Site Utilities.doc Page 2 of 10