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Reimbursement:The COUNTY shall reimburse the DEVELOPER once connection by the Adjacent Properties have been made pursuant to the provisions of Section 201.11, of the Code,for funds advanced by DEVELOPER to oversize the off-site facilities. The reimbursement to the DEVELOPER shall be made by the COUNTY within 60 days of payment of connection cost to the COUNTY and within the 5-year TERM as outlined in Section 19 by Adjacent Properties specifically listed below: Adjacent Property Address Adjacent Property ID Adjacent Property Fair Share 14395 80th Avenue 30382500001001000012.0 $3,558.75 14390 80th Avenue 30382500001002000001.0 $3,558.75 14380 80th Avenue 30382500001002000002.0 $3,558.75 See Exhibit "C" for legal descriptions of specific parcels. The unit prices obtained from the successful bidder as well as the "as-built" field measured quantities are used to determine the actual cost per linear foot, which has been used to determine the actual value of the reimbursement per property. 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3. 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, the assignee 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. 4. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. 5. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. 6. Construction Plans,Technical Specifications and Contract Documents: The DEVELOPER has completed construction drawings and obtained a Utilities Construction Permit from IRCDUS and Florida Department of Environmental Protection (FDEP). The DEVELOPER has completed the work satisfactorily and obtained FDEP clearance. 7. Definition All pronouns shall be deemed to refer to the masculine,feminine,or neuter,singular or plural,as the identity of the party or parties may require. 8. DEVELOPER's Obligations: The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the water meter; however the DEVELOPER shall not be deemed to own the potable water, and the transfer or sale of water by the DEVELOPER is prohibited. The DEVELOPER may not transfer or sell water capacity to any party for use off-site of the property. 2 P41