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40 MASTER WASTEWATER CAPACITY RESERVATION AND CONSENT TO SPECIAL ASSESSMENT INDIAN RIVER COUNTY, FLORIDA (the "County"), hereby reserves the number of equivalent residential units ("ERUs") set forth above of wastewater treatment plant and transmission capacity, as defined in County Ordinance 84-18, as now or hereafter amended and supplemented (the "Reserved ERUs"), for the property described above (the "Property"), under the terms and conditions set forth herein and subject to the policies and practices of the County and its Division of Utility Services (the "Utility Division") of general application with respect to the reservation of wastewater treatment plant and transmission capacity in the County now or hereafter established. Terms and Conditions 1. The County plans to construct certain wastewater treatment plant and transmission facilities in accordance with plans and specifications on file with the Utility Division (the "Project"). The County will use its best efforts to complete the Project by August, 1989, but does not guarantee such completion date and will not be responsible for construction delays. Further, the County does not guarantee that wastewater service will be available to the Property upon completion of the Project. The availability of wastewater service may require the construction of additional transmission lines, laterals and other facilities as well as facilities to connect the plumbing systems on the Property to the County's wastewater system. Construction of any such additional facilities by the County may require further special assessments against the Property and/or other costs to the Property owner. No representation is made regarding the dates on which construction of any such additional facilities will be commenced or completed. The Property owner should examine the Project plans to determine the nature and amount of additional facilities which will be required before wastewater service will be available to the Property. The County expects to be able to have and will use its best efforts to have wastewater treatment plant capacity available for the Reserved ERUs when service is desired by the Property owner and otherwise available. If the County does not have such capacity available within a reasonable period of time after such date, the Property owner, at any time thereafter prior to such capacity becoming available, shall have the right to cancel the reservation for the Reserved ERUs by written notice thereof to the County. Such cancellation shall not be effective until a written instrument so indicating has been recorded by the County in the public records of the County. Such cancellation shall not affect the Special Assessment, as hereinafter defined, in any manner whatsoever, including without limitation, the terms of payment thereof. In the event of such cancellation the County hereby agrees to pay within six (6) months after the due date of the last regularly scheduled installment of the Special Assessment, regardless of any prepayment, to the owner of the Property as of the date of such payment an amount equal to the Special Assessment paid plus all interest paid thereon. The foregoing right of cancellation shall be the sole and exclusive remedy of the owner of the Property against the County in the event that such capacity is not so available. In no event shall the owner of the Property have the right not to pay the Special Assessment. 2. This reservation runs with the land and may not at any time be sold, transferred, or assigned by the Property owner, except to the County with its written consent or in connection with the sale of fee simple title to the Property.