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WHEREAS , the over sized water and sewer mains will benefit the County and its <br /> residents by providing improved service to the residents who do not live on the DiVosta <br /> property ; and <br /> WHEREAS , the County agreed in the Development Order to reimburse DiVosta <br /> for the proportionate costs of over sizing the water and sewer mains as county residents <br /> not residing within Waterway Village would be benefited ; and <br /> WHEREAS , DiVosta has completed the installation of the over sized water and <br /> sewer mains in compliance with the Development Order to the satisfaction of the <br /> County ; and <br /> WHEREAS , DiVosta has conveyed its interest in the water and sewer mains to <br /> the County ; and <br /> WHEREAS , the County has accepted the improvements , <br /> NOW , THEREFORE , based on the premises above and in consideration of the <br /> mutual covenants contained herein , the parties hereby agree with the following terms <br /> and conditions : <br /> 1 . The County acknowledges that DiVosta has completed the required <br /> improvements mandated by paragraph 58 of the Development Order . <br /> 2 . The County has accepted the improvements constructed and installed by <br /> DiVosta by way of a Bill of Sale Absolute , see attached memo dated August 21 , <br /> 2008 . <br /> 3 . The County within 30 days of the date of approval of this Agreement by the <br /> Board of County Commissioners shall pay to DiVosta the sum of $ 315 , 785 . 62 in <br /> full and final satisfaction of all payments required by paragraph 58 of the <br /> Development Order . <br /> 4 . DiVosta shall accept this lump sum payment in lieu of the five annual payments , <br /> and any other obligations of the County , as detailed in the Development Order . <br /> 2 <br />