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+• i 4D 10% retainage) Reimbursements shall be in the form of check front lite COUNTY, and shall not exceed the amount ofj,56.25 correlating to the estimated total cost of design and construction of the water main $ 2f1.0UO.00 (see Exhibit B), less the Developer's line extension fee of44$ 43.75, based on $11.25 per foot ol'properly frontage ofthc proposed water line N. Tropicana Developer's Cent per Front Developer l]rivc l roma +e 1'ry sxt Frornla *c Ftxna[$1 il.) Cost 675 395 $11.25$4,443.75 Release of retainage shall be irtade at the titrie the above referenced [acilitics are dedicated to and accepted by the COUNTY. SC - 2. Amendment: This agreement may be modified only by a written instrument executed by all parties to the agreement. SC - 3. Ass i rthili Either party may assign this Agreement, however, the rights granted herein shall run with the lana and UC not considered the personal property of the DEVELOPER, Therefore, while the DEVELOPER has the right under this Agreement to freely transfe r [lie rights and obligations grantccl by [his Agreement, the assignee shall not have tine right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY to provide otherwise. SC - 4. Authorit Each party hereto represents and warrants to lite other that the execution of this agreement and any other documents required or necessary to tic executed pursuant to the provisions hereof are valid, binding obligations and are cifforccable in accordance with their terms. SC - 5. Bidding and Award_ The Indian River County Departmmnt of Utility Services shall review and approve bid proposals and engineering costs related with the Work described herein. Al least three (3) bid estimates frorn qualified utility contractors must be submitted to the Department of Utility Services for review. Approval ofproject costs will be a condition of the Utility Department's reimburscrncrrt for construction. Furthermore, no work shall coinatcace until the Utility Department provides written approval orthc linal construction cost.. The County may rcxluire rexlesign and / or re -bid it' project costs significantly exceed that contained in Exhibit E. SC - 6. Cannons; Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. 5C - 7. Construction Plans Technical S ecif icutions :and C.'ontracl lkwuments The DEVELOPEIt agrees to complete <a final set of construction drawings and make submission for a Utilities Construction Permit to the indiari River County Utilities Department and Florida Department of Environmental Protection (FDEsP). Prior lea construction, itll permits roust be approved. SC - H. Definition All pronouns shall be deemed to refer to file masculine, feminine, or neuter, singular or plural, as the identity of the party or parties only rcxluire. i'ape2W6 1k%dor r`, AvP vo1cnR