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JAN 20 <br />1982 <br />48 633 <br />parcel(s) of land that are not fully "vested" as defined herein <br />but have been partially vested by the payment of some charge <br />either acreage or special tap -on charges, but not both. Such <br />partially vested parcel(s) (if any) will have any previously <br />paid and not refunded charges offset against any new County <br />charges levied under this Agreement. City represents that <br />such partially vested amounts previously paid and not refunded <br />total, not more than FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500.00). <br />County assumes responsibility for that contract between the <br />City and Floralton Property Owners Association, more specificially <br />described and attached as Exhibit "B". <br />16. This Agreement shall not be assigned, transferred or <br />hypothecated, or otherwise transferred or encumbered, and any <br />such attempts) shall be void ab initio. <br />17. No officer, official or agent of the City has the power <br />or authority to amend, modify, alter, or add to this Agreement or <br />waive any of its terms or conditions or to bind the City by <br />making any promise or representation not contained herein, and no <br />person shall have any right to rely on any such change or changes. <br />18. The City reserves the right of its City Manager to decide <br />all operational questions arising as to the proper performance of <br />this Agreement. <br />19. County represents to City its intent to construct <br />a two and one-half inch (2 1/2") water line South of the Moorings <br />to Tamerack Lane. The line shall be constructed for the purposes <br />of servicing existing residences. The number of taps available <br />South of the Moorings shall be determined jointly by City's <br />and County's engineers. Service shall be limited to potable <br />water only and shall not include irrigation or fire protection <br />service. It is the intent of the parties to serve the minimum <br />needs of existing residences South of the Moorings until such <br />time as County provides retail water service to the area. <br />Such number of taps are part of the two hundred fifty-five <br />(255) taps referenced in paragraph 6. <br />