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The DEVELOPER shall pay line extension fees in the amount of $ 15 . 77 per foot ofproperty frontage of the proposed sewer line and $ 11 .25 per foot of property frontage of existing water line. The DEVELOPER' S fee for this portion is tabulated below: Frontage Total Frontage Cost per Front Footage ($/ ft.) Developer Cost Sewer - 16a' Street 765 . 51f $ 15 . 77 $ 12,071 . 94 Water - 16th Street 765 . 51f $ 11 . 25 $ 011 , 88 TOTAL $209683 . 82 2 . Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3 . Assignability: Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY. 4. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terns . 5 . Bidding and Award: Bid proposals and engineering costs related to the work described herein shall be subject to approval by the Indian River County Department of Utility Services . The DEVELOPER shall submit to the Department of Utility Services for review at least three (3 ) bid estimates from licensed and qualified utility contractors. The term "qualified" shall be as determined by the COUNTY. The COUNTY' s reimbursement of construction costs to the DEVELOPER shall be conditioned upon the Utility Services Department' s approval of project costs . The DEVELOPER shall not commence work unless the Utility Services Department provides written approval of the final construction cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY' s sole discretion, project costs significantly exceed those contained in Exhibit `B . " 6 . Captions : Captions, if included, in this Agreement are included for convenience only and are not to be considered in any constriction or interpretation of this Agreement or any of its provisions . 7. Constriction Plans, Technical Specifications and Contract Documents : The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Constriction Permit to the Indian River County Utilities Department and Florida Department of Environmental Protection (FDEP). The DEVELOPER shall not commence construction until all permits are approved and obtained. 8 . Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. Page 2