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40 40 4M western boundary of the Arbor Trace Development. This proposed 6 -inch force main shall extend approximately 1,233 +/- lineal feel The DEVELOPER shall make connection to the proposed 10 -inch force main to be constructed along 9a' Street SW (Oslo Road) described in item La. above. Payment for this portion of 6 -inch force main shall be 100% the responsibility of the DEVELOPER. C FORCE MAIN EXTENSION/LOOP — 6 -inch Force Main alone 43`d. Avenue: The DEVELOPER requires a 4 -inch diameter force main to serve their Development and potential development along 43rd Avenue. The COUNTY has required over -sizing of the force main from 4 -inch diameter to 6 -inch diameter to serve other Developments along 5d' Street SW. Therefore the DEVELOPER shall construct a 6 -inch diameter force main, connecting to the 10 -inch force described in item La. above and running north along 43°' Avenue approximately 2,500 feet from the southeast comer of the Arbor Trace PD to the south right-of-way line of 5 Street SW. This force main will serve a new Development (Citrus Springs) currently under construction along Sd' Street SW. Payment for the portion of this 6 -inch force main north of the entrance to the Arbor Trace Development shall be the responsibility of the COUNTY. Payment for that portion of the 6 -inch force main south of the entrance to the Arbor Trace PD shall be split with the DEVELOPER paying 81% and the COUNTY paying 19% based on the County's request for over -sizing. The COUNTY shall reimburse the DEVELOPER based on an itemized invoice of installed materials on a percentage complete basis (less 10% retainage) monthly, with final payment and release of retainage at the time the above referenced facilities are dedicated to and accepted by the COUNTY. Reimbursement shall be in the form of check from the COUNTY, and shall not exceed the amount of $20,547.85 (see allachod Exhibit -B). D Water Line Extension Charges and Fees alone 43`d Avenue: The Developer shall pay water line extension fees in the amount of $11.25 per foot of property frontage along the 43rd Avenue corridor. The DEVELOPER'S fee for this portion is tabulated below: 43'd Avenue (west side onl Total Frontage Cost per Front Foota a $/ ft. Developer Cost 2.500 2500 1 $11.25 1 28,125.00 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3. Assignability: Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not 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 the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY. 4. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. 5. Bidding and Award: Bid proposals and engineering costs related to the work do=^bw herein shall be subject to approval by the Page 2 of 6 vt'CLSY)Vet-+7l�PilcuN11¢su�MY•vlmffSWwx(LF.Cff• UMM C(RDRL'Cil[$1 PFRMISA"M IMaU(F AAkMiPr a-DRVUXW Iuur TMW n. ZOOO.JW