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Reimbursement: The COUNTY shall reimburse the DEVELOPER once connection by the Adjacent <br />Properties have been made pursuant to the provisions of Section 201.11, of the Code, for funds <br />advanced by DEVELOPER to oversize the off-site facilities. The reimbursement to the DEVELOPER <br />shall be made by the COUNTY within 60 days of payment of connection cost to the COUNTY and <br />within the 5 -year TERM as outlined in Section 19 by Adjacent Properties specifically listed below: <br />Adjacent Property Address <br />Adjacent Property ID <br />Adjacent Property Fair Share <br />14395 80th Avenue <br />30382500001001000012.0 <br />$3,558.75 <br />14390 80th Avenue <br />30382500001002000001.0 <br />$3,558.75 <br />14380 80th Avenue <br />30382500001002000002.0 <br />$3,558.75 <br />See Exhibit "C" for legal descriptions of specific parcels. The unit prices obtained from the <br />successful bidder as well as the "as -built" field measured quantities are used to determine the <br />actual cost per linear foot, which has been used to determine the actual value of the <br />reimbursement per property. <br />2. Amendment: <br />This Agreement may be modified only by a written instrument executed by all parties to the <br />Agreement. <br />3. Assignability: <br />Either party may assign this Agreement. However, the rights granted herein shall run with the land <br />and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right <br />under this Agreement to freely transfer the rights and obligations granted by this Agreement, the <br />assignee shall not have the right to transfer these rights to another property unless this Agreement is <br />amended in writing by the assignee and the COUNTY. <br />4. Authority: <br />Each party hereto represents and warrants to the other that the execution of this Agreement and any <br />other documents required or necessary to be executed pursuant to the provisions hereof are valid, <br />binding obligations and are enforceable in accordance with their terms. <br />5. Captions: <br />Captions, if included, in this Agreement are included for convenience only and are not to be <br />considered in any construction or interpretation of this Agreement or any of its provisions. <br />6. Construction Plans, Technical Specifications and Contract Documents: <br />The DEVELOPER has completed construction drawings and obtained a Utilities Construction Permit <br />from IRCDUS and Florida Department of Environmental Protection (FDEP). The DEVELOPER has <br />completed the work satisfactorily and obtained FDEP clearance. <br />7. Definition <br />All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the <br />identity of the party or parties may require. <br />8. DEVELOPER's Obligations: <br />The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the <br />water meter; however the DEVELOPER shall not be deemed to own the potable water, and the <br />transfer or sale of water by the DEVELOPER is prohibited. <br />The DEVELOPER may not transfer or sell water capacity to any party for use off-site of the property. <br />2 <br />