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1,355 linear feet (the "Water Main") <br />Reimbursement: The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of <br />Section 201.11, of the Code, for funds advanced by DEVELOPER to oversize the off-site Water <br />Main. COUNTY shall reimburse DEVELOPER in accordance with Exhibit "B" for oversizing and <br />extending the off-site Water Main. The reimbursement amounts shall be based on Exhibit <br />"B", but in no event shall the County cost share exceed $111,000.00. <br />Within 30 calendar days of acceptance of the bill of sale for the Water Main and submittal of <br />the necessary maintenance security, COUNTY shall reimburse DEVELOPER its share of the cost <br />of the Water Main, as set forth in Exhibit "B". <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 so long as the assignment bears acknowledgment of <br />the assignee and the other party. 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 <br />right under this Agreement to freely transfer the rights and obligations granted by this <br />Agreement, the DEVELOPER, nor any assignee, shall have the right to transfer these rights to <br />another property unless this Agreement is amended in writing. <br />4. Authority: <br />Each party hereto represents and warrants to the other that the execution of this Agreement <br />and any other documents required or necessary to be executed pursuant to the provisions <br />hereof are valid, 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 agrees to complete a final set of construction drawings and make submission <br />for a Utilities Construction Permit (UCP) to IRCDUS, to Indian River County Public Works for a <br />Right -of -Way permit (ROW), which includes, but is not limited to meeting all security <br />requirements of section 312.11 of the Code, to the Florida Department of Environmental <br />Protection (FDEP) for a general permit, and for all other necessary permits. The DEVELOPER <br />shall not commence construction until all permits are approved and obtained. <br />7. Definition <br />All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, <br />as the identity of the party or parties may require. <br />Page 2 <br />