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40 0 pre -approved costs over $200,000.00, which costs shall include, but not be limited to, time, materials, labor, supervision, inspection, machinery, equipment use and rental, and all other costs, fees, and expenses incurred by Developer with respect to engineering, design, permitting, utility relocation, and construction of the bridge, not including administrative, project management, or similar fees. The County shall reimburse the Developer by payment by County check within thirty (30) days of the County's inspection and approval of the work represented by each draw or final payment made by the Developer. The County shall make such inspections within a reasonable time after notification by the Developer of each draw or final payment. The Developer shall ensure that the contractor performing the work shall provide a certificate of insurance approved by the County, and shall put up payment and performance bonds approved by the County. The Developer shall obtain three (3) competitive bids prior to awarding the contract, or shall demonstrate to the County that the unit prices of the contractor selected are competitive, comparable, or less than recent County initiated construction of a similar nature. The Developer shall use the impact fee credits described herein at the rate of not more than thirty (30) single-family units (or the multi -family unit equivalency) each year. 7. Dedication of Right -of -Way bXDeveloper. Developer agrees to dedicate 30 feet of additional right-of-way along 5th Street S.W. to County without compensation. The dedication shall be made on the plat of the Development. If the County desires to acquire right-of-way greater than the 30 feet described above, the County shall pay the Developer for such right-of-way at the same price per acre as the Developer paid to acquire the property, less the Developer's share of the special assessment project for construction of 5th Street S.W. 8. Entire Agreement. This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. 9. Amendment. This agreement may be amended only by a written instrument executed by the party or parties to be bound thereby. 10. Timeof Essence. Time is of the essence of this Agrcement,however, ifthe 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. 11. Governing. Law. This Agrecment shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such State. All of the parties to this agreement have participated freely in the negotiation and preparation hereof; accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 12. Su c . s r n Assigns: Assi grment. This agreement shall bind and inure to the benefit of the parties and their respective successors and assigns. Developer may assign Developer's rights and obligations under this Agreement to an affiliated or associated legal entity in conjunction with development of the planned residential development. _3.