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Developer, at Developer's cost, shall have its attorney procure a title insurance commitment <br /> in the amount of$50,000 for each of the Deeded Property. The title commitment shall <br /> insure the property conveyed at Closing is free and clear of all liens and encumbrances. <br /> Developer shall have its attorney procure a title commitment on behalf of Utility with <br /> respect to each property conveyed and shall present a current final owner's policy at <br /> Closing. Furthermore, Developer shall pay the attorney's fees incurred in connection <br /> therewith and Utility, upon Closing, shall reimburse the Developer the title insurance <br /> premiums in connection with the issuance of an owner's policy. Prior to Utility reimbursing <br /> the Developer the premium fee cost, Developer shall complete an IRS W-9 Form and deliver <br /> such to Utility prior to Closing. <br /> 10.4. Surveys for the Deeded Property. Developer shall supply Utility with a current <br /> plot plan for the pepetual easements and for the well lot(s) showing improvements for each <br /> well lot, including the access road, easements, supply main and the 100' radius around the <br /> well head and the distance from the well head to the nearest lot boundary line. The surveys <br /> shall be signed and sealed by a registered surveyor and shall be provided prior to Closing. <br /> 10.5. Service Line Responsibilities. Each Lot Owner shall be responsible for the <br /> maintenance of the Service Line and Utility, upon Closing, shall be responsible for the <br /> maintenance of the Water Utility System Service Line. <br /> 10.6. Closing Requirements Utility shall not provide water service to Subdivision until <br /> the date of Closing. <br /> 10.7. Pre Closing Deliveries of Utility. Utility shall furnish the Developer with: (i) a copy <br /> of the Certificate or Certifcate Extension issued by the Commission, (ii) a draft bill of sale <br /> form for the Assets, and (iii) a draft written certification of costs form. <br /> 10.8. Pre-Closing Deliveries of Developer. Developer shall deliver to Utility: <br /> a. a copy of the DEH required letter from Developer's engineer certifying that the <br /> Water Utility System is installed in compliance with the DEH approved Water Plans as <br /> set forth in Paragraph 2.7; and <br /> b. an electronic copy of engineering record drawings of the Water Utility System as <br /> constructed ("as-builts") completed by the engineer of record for the project. The <br /> electronic version of the as-builts shall be submitted to Utility in '.dwg' format and the <br /> signed and sealed copy shall be submitted to Utility in '.pdf' format as set forth in <br /> Paragraph 2.7; <br /> 10 <br /> Dunhill Water Utility System <br /> Dunhill Agreement 061212.doc <br />