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4W 11111�- COUNTY) for a period of five years. The first one-fifth payment shall be made -,it die time of the utility dedication to the COUNTY. Subsequent payments shall be made on the yearly anniversary of the utility dedication. If the amount of projected capacity charges is not realised, the reimbursement to DEVELOPER shall be reduced proportionately. Compensation shall be in the form of a check from tic County --the total of all payments shall not exceed the amount of $55,924.63 (sec. Exhibit B). The obligation of the COUNTY to make reimbursement to DEVELOPER shall expire five (5) years from the date of the Agreement. The DEVELOPER'S share for this portion is tabulated below: 1" Streit SW Total Frontage I Cost per Front Footage $J ft.) Developer Cont 1.506 1 1506 $15.77 $23 74e).62 SC 2. Amendment: This agreement may be modified only by a wwritten instrument executed by all parties to the agreement. SC - 3. Assignability;, Either party may assign this Agreement, however, the rights granted herein shall nun ►with the land and are not considered the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have Clic right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY to provide oihcrn•ise. SC - 4. Authoritti Each party here€o represents and warrants to the other that the execution of this agreement acid any other documents required or necessary to be executed pursuant to the provisions hereof are valid, bunding obligations and are enforceable in accordance with their terins. SC - 5. Bidding and Awand- The Indian River County Department of Utility Svrvices shall review and approve bid proposals and engineering costs related with the Work described herein, At least three (3) bid estimates from qualified utility contractors must be submitted to the Department of Utility Services for review. Approval of project costs will be a condition of the Utility Department's reimbursement for construction. Furthermore, no work shall. commence until the Utility Department provides written approval of the final construction cost. The County may require redesign and 1 or rc-bid if project costs significantly exceed that contained in Exhibit B. SC - 6. Captions: Captions, if included, in [itis Agreement arc included for convenience only and are not to, be considered in any construction or interpretation ofthis Agreement or any of its provisions. SC - 7. Construction Plans Technical Specifications and Contract Documun : The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of Environmental Protection (FDEP). Prior to construction, all permits must be approved. SC - 8. Definition All pronouns shall be deemed to refer to t1w masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require.. lk�rolupv'A rlgrcmusn Page 2.46 f- r Wktva r; nl-I f 1'• fief il';Erp Y171.r Y'na�tar• , r inMr r •ru7nKer„ Crnnn� N'Nr.r t:�k+..4x r MeavpS� 1'myn. SC�bn wlN. • l aawk{rr Arnrmml a4r