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personal property from Tract C not later than 90 days following the closing. After determination of the fair -market value, and for a period of ten. days following said determination, the Seller may give the Buyer written notice of its intent not to purchae the property, in which event the cost of the appraisal(s) shall be borne by the Seller. A recordable written memorandum, incorporating the provisions of this paragraph, shall be executed by the parties at the time of closing. The Seller's right of repurchase may be assigned without the consent of the Buyer. 8. AVAILABILITY OF SEWER AND WATER SERVICE TO ADJOINING LANDS: The Buyer agrees that it will furnish sewer and water service to lands within the existing franchise area, including, without limitation, the following -described real property: Parcel 1: That property described as "Unit 2", according to the plat of BREEZY VILLAGE MOBILE HOME SUBDIVISION UNIT, UNIT 1, as in Plat Book 9, Page 34, Public Records of Indian River County. Parcel 2: The South one-half of the Southeast one-quarter of the Northwest one-quarter of Section 20, Township 31 South, Range 39 East, Indian River County. The Buyer's obligation to furnish sewer and water service to these lands shall be subject to payment of sewer and water impact fees, connection and meter fees being charged by the County at the time service is requested. The Buyer's obligation to furnish service is also subject to the availability of capacity and existence of collection and distribution lines, provided, however, that .if capacity of either system is not available or if line extensions are necessary to serve said properties, at the time of the request, then the Seller shall have the right to pay the additional cost of expanding the plant(s) and/or the extending lines to an extent necessary to serve said properties. The payment of the costs of expansion shall be in addition to the payment of impact and other fees. This clause shall survive the closing. 9. EXPENSES: Buyer shall pay the cost of documentary stamps to be attached to the deed and the cost of recording same. 10. TAXES: Real and personal property taxes shall be prorated through the date of closing. 11. UTILITY REVENUES: This sale does not include any assets of Seller other than those described herein. Seller shall retain all rate revenues accrued through February 28, 1989. Seller retains the right under existing franchise resolutions to enforce collection of said revenues. 12. DEPOSITS/RETENTIONS: At the closing, the county shall refund all monies held by it in the form of deposit required to be made by the utility under the terms of its franchise resolution including, without limitation, deposits made to the Repair and Replacement account maintained by buyer. Seller shall transfer to Buyer all customer utility deposits, if any, together with all available billing records. 13. ATTORNEY'S FEES/COSTS: In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 55 FEB 21 )98E BOOK Ib Eau