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5. The DEPARTMENT will pay to the COUNTY a 80.5% pro -rata share of all the landowners fees and costs that are required to be paid by the COUNTY, either by negotiation or by court ordered judgement. However, such amount to be paid by the DEPARTMENT shall not exceed ;100,000. The COUNTY shall not render an invoice to the DEPARTMENT for these costs until all litigation and appeals on County Parcel No. 103 are completed and the judge has rendered a judgement as to the fees that the above referenced parties may be entitled to. The DEPARTMENT will make this payment within 90 days of the receipt of an invoice from the COUNTY. 6. This Agreement or any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. DEPARTMENT acknowledges that the property is subject to a Rotation Impoundment Management Agreement and Access and Maintenance Easements in favor of and with the Indian River Mosquito Control District, which was required as mitigation under permits acquired by COUNTY to construct Indian River Boulevard. 7. This Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the litigation is completed and appropriate reimbursements are made. 8. In the event this Agreement is in excess of Twenty-five thousand dollars (;25,000) and has a term for a period of more than one year, the provisions of Chapter 339.135(7)(x), Florida Statutes are hereby incorporated. "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The department shall require a statement from the Comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services, to be rendered or agreed to be paid for in succeeding fiscal years and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term for a period of more than one year." 9. The COUNTY agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items encompassed by this Agreement. L par101. ever Parcel 101 - Page 3 of 5