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0 after release of final payment by the COUNTY. The value of the Maintenance Bond shall be twenty-five percent (25%) of the total construction value of the utility improvements. SC - 15 Multiple Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constit-te collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary p produce or account for more than one such counterpart executed by the party to be charged. SC - 16. Permits: The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed and wastewater collected to the subject property. If, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fail to issue necessary permits, grant necessary approvals, or require a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If it becomes impossible or impracticable to perform under the terms of this Agreement because of the above, then this Agreement shall terminate and the parties shall have no further obligations to the other. The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color -coding of water and wastewater equipment. SC - 17 Severability / Invalid Provision: If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. SC -1 . Term: The term of this Agreement is five (5) years. Unless otherwise authorized in writing this Agreement shall be not be renewed automatically for successive terms at the expiration of any preceding term. The Terms of this Agreement shall run concurrently with FDEP Permit to Construction and with the County's Utility Construction Permit whichever is less but shall be not more than five (5)years from the date of issuance. SC - 19. Time of Essence: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United States or the State of Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. Page 4 of 9 C: SU— Ibyk Fdm\Projed - Wim River Co—Ay ColkgeWgf —1- [WO pm Agwwver 1RCC Cunpw - Nov 3,1999 dM Mweloper's Agreement Indian River Community College