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8/4/03wcg(PWD)jwd allow the COUNTY to use DEVELOPER' S Stormwater Management Wet Detention System for the paving and drainage improvement along 13201 . f. of 13th Street SW without compensation by the COUNTY. The DEVELOPER shall at DEVELOPER' S expense, construct a stormwater catch basin in 13th Street SW right-of-way and suitable size pipe from the inlet to the DEVELOPER' S stormwater lake . The portion of 13th Street SW right-of--way that could be considered for inclusion in the Diamond Lake Subdivision Stormwater Management Wet Detention System is 1320 l . f. as illustrated in Exhibit " E " . 6 . Prior to the issuance of the Certificate of Completion for Diamond Lake Phase I, and prior to 13th Street SW being paved, DEVELOPER will have relocated all utility poles and lines from the existing easement as described in ORB 657, PG 1844 , into a new proposed easement as shown in DEVELOPER' S approved Preliminary Plat attached as Exhibit F and incorporated by reference herein. All costs and permitting associated with the removal and relocation of the utility poles and lines will be paid solely by DEVELOPER. T Prior to June 30, 2004 or the issuance of a Certificate of Completion for Phase II of Diamond Lake, Indian River County Project # ,Jc2n '#L51 w w ?2au (which ever even occurs first) DEVELOPER shall at DEVELOPER' S expense, design, obtain all permits , and construct a left-turn lane along 9th Street SW (AKA Oslo Road) at its intersection with Emerald Place Boulevard . If the Certificate of Completion for Phase II of Diamond Lake is not issued by June 30, 2004 , DEVELOPER shall escrow the sum of o " $_ 8c) coo for the cost to design and construct said turn-lane to provide a 34ane roadway along Oslo Road since three other developments require such turn lane . 8 . Time is of the essence as to all matters pertaining to this Agreement. All paving shall occur within two years of the date of the Agreement. The DEVELOPER shall give the COUNTY fourteen days notice prior to the scheduling of any asphalt paving . 9 . In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs . 10 . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . 11 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns . 12 . This Agreement contains the entire agreement and understanding between the parties . No CADocuments and Settings\Ryan Davis\Local Settings\Temporary Internet Files\OLKC\Diamond Lake SD-Dev Agrl .doc