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5. The DEPARTMENT will pay to the COUNTY a 81.568 pro -rata <br />share of all the landowners fees and costs that are required <br />to be paid by the COUNTY, either by negotiation or by court <br />ordered judgement. However, such amount to be paid by the <br />DEPARTMENT shall not exceed $200,000. The COUNTY shall not <br />render an invoice to the DEPARTMENT for these costs until <br />all litigation and appeals on County Parcel No. 110 are <br />completed and the judge has rendered a judgement as to the <br />fees that the above referenced parties may be entitled to. <br />The DEPARTMENT will make this payment within 90 days of the <br />receipt of an invoice from the COUNTY. <br />6. This Agreement or any interest herein shall not be assigned, <br />transferred or otherwise encumbered by the COUNTY under any <br />circumstances without the prior written consent of the <br />DEPARTMENT. However, this Agreement shall run to the <br />DEPARTMENT and its successors. The DEPARTMENT acknowledges <br />that the property is subject to a Rotational Impoundment <br />Management agreement and Access and Maintenance Easements in <br />favor of and with the Indian River County Mosquito Control <br />District which was required as mitigation under permits <br />acquired by COUNTY to construct Indian River Boulevard. <br />7. This Agreement shall continue in effect and be binding to <br />both the COUNTY and the DEPARTMENT until the litigation is <br />completed and appropriate reimbursements are made. <br />8. In the event this Agreement is in excess of Twenty-five <br />thousand dollars ($25,000) and has a term for a period of <br />more than one year, the provisions of Chapter 339.135(7)(a), <br />Florida Statutes are hereby incorporated. <br />"The department, during any fiscal year, shall not expend <br />money, incur any liability, or enter into any contract <br />which, by its terms, involves the expenditure of money in <br />excess of the amounts budgeted as available for expenditure <br />during such fiscal year. Any contract, verbal or written, <br />made in violation of this subsection shall be null and void, <br />and no money may be paid on such contract. The department <br />shall require a statement from the Comptroller of the <br />department that funds are available prior to entering into <br />any such contract or other binding commitment of funds. <br />Nothing herein contained shall prevent the making of <br />contracts for periods exceeding one year, but any contract <br />so made shall be executory only for the value of the <br />services, to be rendered or agreed to be paid for in <br />succeeding fiscal years and this paragraph shall be <br />incorporated verbatim in all contracts of the department <br />which are for an amount in excess of $25,000 and which have <br />a term for a period of more than one year." <br />9. The COUNTY agrees to keep complete records and accounts in <br />order to record complete and correct entries as to all <br />costs, expenditures and other items encompassed by this <br />Agreement. <br />pare0l.tmr <br />Parcel 801 - Page 3 of 5 <br />