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c The COUNTY ' S potential for the REGIONAL SEWER SYSTEM is tabulated below : PARCELL EXISITING/ APPROX . PARCEL % OF ESTIMATED NUMBER FUTURE (UNITS/ACRE) ERU ' S TOTAL REIMBURSEMENT ZONING ERU ' S DUE TO COUNTY AT TIME OF CONNECTION 1 RS-3 60 ( l . 92 ) 115 77 . 2 % NA (DEVELOPER) 2 AG/RS-3 10 ( l . 69) 17 11 . 4% $ 39 , 781 . 11 * 3 AG/RS-3 10 ( 1 . 69) 17 11 .4% $ 39 , 781 . 11 * TOTAL 149 100% $ 79 , 562 .22 * ($ 367 ,657 . 08 less $ 18 , 700 . 00 for concrete wall times 11 . 4% equals $ 39 , 781 . 11 ) Reimbursement : The COUNTY ' S reimbursement shall be in the form of check from the COUNTY, and shall not exceed the amount of $ 83 , 320 . 98 ($ 79 , 562 . 22 plus $ 18 , 700 . 00 if optional concrete wall around lift station is installed less the line extension fee of $ 14 , 941 . 24 ( see below ) for a grand total of $ 83 , 320 . 98 ) or $ 64 , 620 . 98 if wall is not installed ($ 79 , 562 . 22 less line extension fees of $ 14 , 941 . 24) . The DEVELOPER shall pay line extension fees in the amount of $ 11 . 25 per foot of property frontage of the existing water main . The DEVELOPER ' S fee for this portion is tabulated below : Frontage (LF) I Total Frontage (LF) Cost per Front Footage ($/ ft. ) Developer Cost 1328 . 11 1328 . 11 $ 11 . 25 $ 14 , 941 . 24 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 terms . 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 Is sole discretion, project costs significantly exceed those contained in Exhibit "D . " Page 2 A. AGREEMENT - DEVELOPERS AGREEMENT - DEVELOPMENT OF OFF-SITE UTILITIES COUNTY STANDARD. DOC