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it would be most beneficial to all parties to locate the brine pipeline within an existing or <br /> proposed easement within the Grand Harbor development rather than an exclusive <br /> easement for only the brine pipeline ; and <br /> WHEREAS , Grand Harbor does not have all of the exact locations of their <br /> utility easements within their proposed development at this time and the County can be <br /> flexible with its construction and location of the brine pipeline which would allow the <br /> easement for the brine pipeline to change ; and <br /> WHEREAS , subject to the terms and conditions of this Agreement, Grand <br /> Harbor hereby agrees to provides to the County an nonexclusive utility easement for the <br /> brine pipeline across the Grand Harbor property to the Spoonbill Marsh Project site ; and <br /> WHEREAS , subject to the terms and conditions of this Agreement, the <br /> County agrees to cooperate and coordinate with Grand Harbor to provide both parties <br /> with the most beneficial locations for the nonexclusive utility easement for the brine <br /> pipeline across the Grand Harbor property to the Spoonbill Marsh Project site <br /> WHEREAS , both the COUNTY and Grand Harbor can mutually benefit <br /> each other by entering into this Agreement for Nonexclusive Utility Easement. <br /> NOW, THEREFORE , in consideration of the mutual terms , conditions , <br /> promises , covenants and premises hereinafter, the COUNTY and Grand Harbor agree <br /> as follows: <br /> 1 . The above recitals are affirmed as being true and correct and are thereby <br /> incorporated herein . <br /> 2 . The County agrees to coordinate the planning , location and installation of the brine <br /> pipeline with Grand Harbor. The County agrees to include language with its design <br /> engineers and contractors retained to work on the Spoonbill Marsh Project to have the <br /> design engineers and contractors consult with Grand Harbor during the planning , <br /> design and installation phases of the Project. <br /> 3 . The County may not require Grand Harbor to alter its plans for roadways , bridges , <br /> home sites or other structures in the proposed development solely to benefit the <br /> County's brine line utility easement. <br /> 4 . To the extent allowed by law, the County shall indemnify, hold harmless and defend <br /> Grand Harbor from and against any and all claims and all damages , losses , liabilities <br /> and expenses , including reasonable attorneys' fees , relating to the use of the property <br /> of Grand Harbor by the County and its representatives , agents , invitees or guests . <br /> Any consultant, contractor or subcontractor hired to perform work on the Site shall be <br /> fully insured and name Grand Harbor and the County as additional insureds on the <br /> policies . <br /> 5 . Following the construction or repair of the brine line , the County agrees to return the <br /> site to its original condition , including , but not limited to replacement of sod , replacement <br /> 2 <br />