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approval of this agreement. Upon receipt of the funds, the funds shall be placed in the appropriate project accounts for the funding of the County scheduled improvements in the County Capital Improvement element. Should the County fail to approve this agreement, the funds shall be returned to Developer and this agreement shall be considered null and void. 5 . In accordance with Exhibit B attached and incorporated by reference herein, the DEVELOPER shall pay to the County the project' s impact fees assessed pursuant to Title X, Code of Indian River County, less the $211 ,900 . 88 proportionate share contribution amount for the segment of 27 h Avenue S .W. between 13 " Street S .W. and 17"' Street S . W. which shall be applied as a credit against the Project' s Title X fees as provided for in the Developer' s Agreement between COUNTY and DEVELOPER, together with all water and sewer capacity charges. DEVELOPER shall pay to the County the water and sewer capacity charges and impact fee amount as stated above prior to the approval of this agreement. Should the County fail to approve this agreement, the impact fees shall be returned to Developer and this agreement shall be considered null and void. 6. DEVELOPER has paid the payments specified in paragraphs 3 and 5 , and upon posting of the letter of credit required by the Developer' s Agreement between COUNTY and DEVELOPER and upon approval of this agreement by the Board of County Commissioners; the COUNTY shall issue DEVELOPER a CCI-5 Concurrency Certificate, or its equivalent, for the project. The certificate shall expire five years from the date of issuance. Should DEVELOPER fail to obtain a building permit within the timeframe covered by the certificate, then the project vesting shall expire, and no refunds shall be given. All payments made, however, shall run with the land. 7 . Upon payment of the amounts specified in paragraphs 3 and 5 , and posting of the required letter of credit and the County' s approval of this agreement and the Developer Agreement, DEVELOPER' S proposed project shall be deemed vested for concurrency purposes as defined in FS 163 and Indian River County Code Chapter 910. 8 . DEVELOPER hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the DEVELOPER or DEVELOPERS' representatives in the performance of professional services under this agreement and for which DEVELOPER is legally liable. 9 . In the event any legal proceedings are required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees at both trial and appellate levels, together with all costs of said proceedings. 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. This Agreement contains the entire agreement and understanding between the parties. 3 F:\Wttomey\Bill\Agreements\Proportionate ShzreTxhtbit D oslo proportionate share agree clean 12 7 06.dce