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B . Maintenance of Si neral: After the new traffic signal has been installed and turned over to County for maintenance, the County shall be responsible for performing all signal related engineering, operation, and maintenance activities. The Developer shall be responsible for funding all signal related engineering, operation, maintenance, and electricity costs, in perpetuity, including the electric account start-up fees. Once each month after signal activation to either a flashing or a stop-and-go (red-yellow-green) mode, the County shall prepare an invoice for payment by the Developer which the Developer shall pay within thirty (30) days. All decisions regarding signal design, engineering, activation, timing, operation and maintenance shall be made the County. In this paragraph only, "Developer" shall refer to NAP Indian River, LLC" and NAP Indian River II, LLC", each to responsible for one-half ('/z) of the costs described in this paragraph. 6 . Stormwater Management: County and Developer agree and acknowledge that there will not be sufficient capacity within the Project to provide stormwater treatment or storage on site for any public right-of-way. The Project' s stormwater will be stored on and flow through an adjacent property' s stormwater system pursuant to a separate agreement between Developer and the owner(s) of said adjacent properties . This stormwater system has already received approval by the St. Johns River Water Management District. 7 . Concurrency: County and Developer acknowledge and agree that Chapter 910, Indian River County Code, provides that whenever a Non proportionate Fair Share Developer' s Agreement is executed by an applicant, and that Developer' s Agreement commits the applicant to construct major capacity-producing transportation improvements, the applicant' s project may be vested for transportation concurrency for seven (7) years. (Such an agreement is called a "Qualified Non-proportionate Fair Share Developer' s Agreement!D. County and Developer agree that this Developer' s Agreement shall constitute a Qualified Non-proportionate Fair Share Developer's Agreement pursuant to Chapter 910, Indian River County Code. Therefore, recognizing that the Developer' s proposed improvements will provide significant benefits to the transportation system, County agrees that Developer' s Project ('The Landings) shall be vested for concurrency with a seven-year Initial Concurrency Certificate upon payment of all impact fees (except those for which Developer has received impact fee credits). Developer may elect to obtain a seven-year Initial Concurrency Certificate for different parts of the Project at different times by paying (or receiving credit for) impact fees for that part only. 8 . County Purchase of Right-of-Way from Developer: The County agrees to purchase the right-of-way from Developer on 53' Street as described and shown on Composite Exhibit "C", attached hereto and made a part hereof, for the purchase price of Twenty and 39/100 Dollars ($20. 39) per square foot. The Developer shall convey title by Special Warranty Deed and shall pay for documentary stamps. The County shall have the option of acquiring title insurance at its own cost and expense. County shall pay all other costs of closing, except Developer' s attorney' s fees. Closing shall occur on or before September 30, 2008 . 9. Insurance and Indemnification: During Developer' s performance of any construction in County right -of-way covered by this Agreement, Developer shall provide the County with a certificate of insurance evidencing that Developer or the Developer' s Contractor has obtained and maintains the insurance listed below. Developer or 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 3