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The COUNTY shall reimburse the DEVELOPER for extending the installation of a 6 -inch diameter <br />water main from the southeast corner of 916 7th Place to the point of connection at the existing <br />6 -inch water main along Old Dixie Highway and the southwest corner of 936 7th Place to the <br />point of connection at the existing 6 -inch water main along 10th Avenue, a distance of <br />approximately 350 linearfeet, (1) fire hydrant assembly, (2) water services, and a portion of the <br />maintenance of traffic and site restoration. <br />2. Reimbursement: <br />The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of Section 201.11, of <br />the Code, for funds advanced by DEVELOPER to extend the off-site water main. COUNTY shall <br />reimburse DEVELOPER in accordance with Exhibit "B" for extending the off-site water main. <br />The actual reimbursement amounts shall be based on the contractor's final invoice but in no <br />event shall the County cost share exceed $126,016.80. <br />Within 30 calendar days of acceptance of the bill of sale forthe water main and submittal of the <br />necessary maintenance security, COUNTY shall reimburse DEVELOPER its share of the cost of <br />the water main, as set forth in Exhibit "B". <br />3. Amendment: <br />This Agreement may be modified only by a written instrument executed by all parties to the <br />Agreement. <br />4. Assignability: <br />Either party may assign this Agreement so long as the assignment bears acknowledgment of the <br />assignee and the other party, subject to any limitations specified in the Indian River County <br />Code of Ordinances. However, the rights granted herein shall run with the land and are notthe <br />personal property of the DEVELOPER. The assignee shall file a transfer and assumption of this <br />agreement with the County, failure to do so shall render any assignment null and void. <br />5. Authority: <br />Each party hereto represents and warrants to the other that the execution of this Agreement <br />and any other documents required or necessary to be executed pursuant to the provisions <br />hereof are valid, binding obligations and are enforceable in accordance with their terms. <br />6. Captions: <br />Page 2 <br />