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CA 4 C-1 SC - 14. Mairitenance Bond The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements to Indian River County, Florida, and provide a Maintenance Bond for a period of one-year after acceptance by the COUNTY. The vahte of the Maintenance Bond shall be twenty-five percent (25%) of the total construction value of the utility improveinents. SC - 15. Multiple. Countemarts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary to 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 proposed water facilities. If, through no fault of the parties involved, any federal, state ar 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 outer. The COUNTY shall pay and provide a check for all permit application fees. The COUNTY shall provide for determination and delineation of any wetland boundaries as may be required by permit agencies. 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, Recording of Agreement: The Agreement shall be recorded in the public records of Indian River County. The obligations defined in this Agreement shall be a condition, which shall run with the land and shall bind subsequent owners of lite property for the term of this Agreement. SC - 18. Sgverability i lnvalid 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 tate 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- 19. 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 live (5) -year s from the date of issuance. CADMUMl'_n7omli fA'Ai.S-llTcmpWtil Developers Agrecmmi.doe Page 4 oro