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The DEVELOPER agrees to convey all right, title , and interest in the aforementioned utility improvements to INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY' s approval , issued by a reputable surety company authorized to do business in the State of Florida, for a period of one year after the COUNTY' s acceptance of the improvements . The value of the Maintenance Bond shall be 25 percent of the total construction value of the utility improvements . At the COUNTY's sole discretion, the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within the state of Florida, in lieu of a surety bond . G . Permits : The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery , use and monitoring of the wastewater distributed to and collected from the subject property . If, through no fault of the parties involved, any federal , state or local government or agency (excluding the COUNTY) fails to issue necessary permits , or fails to grant necessary approvals, or requires a material change in the system , then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is impossible or impracticable to perform under the terms of this Agreement because of the above , then this Agreement shall terminate and the parties shall have no further obligations to each other. 2 . COUNTY OBLIGATIONS : A . Reimbursement: The COUNTY shall reimburse the DEVELOPER, less the DEVELOPER ' s fair share , based on an itemized invoice of the installed material on a complete basis after the above-referenced facilities are dedicated to and accepted by the COUNTY . The funds to reimburse the DEVELOPER shall derive from the connection charges of the other benefitting properties that use the constructed lines and facilities . Reimbursement shall be in the form of a check from the COUNTY, and shall not exceed the amount of $ 9, 192 . 50 (see attached Exhibit C ) . 3 . MISCELLANEOUS : A . Amendment : This Agreement may be modified only by a written instrument executed by all parties to the Agreement. B . 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, but 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 . C . Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there is no oral or written agreements between the parties , nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein . D . Governing Law & Jurisdiction : - 3 -