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y w s the East side of 58 h Avenue to Western most Property Boundary of Tropical Isles Subdivision The DEVELOPER shall furnish and install a total of approximately 919 linear feet of PVC and Polyethylene 6 inch diameter pipes appurtenances beginning in the southeast corner of 58`h Avenue and 65`h Street, crossing under 58`1i Avenue, and along the south side of 65 "' Street to the western most property boundary of Tropical Isles Subdivision. See Exhibit " C " for location sketch and Exhibit "D" for a detailed cost tabulation. Reimbursement : The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of Section 201 . 11 , The Code of Indian River County, for funds advanced by DEVELOPER to construct facilities in accordance with the COUNTY' S Master Plan, less the cost of the DEVELOPER'S front footage line extension fees as set forth below. The funds to reimburse the DEVELOPER shall derive from the connection charges of other properties that use the constructed lines and facilities based on their share of the hydraulic capacity used. The COUNTY' S obligation to make reimbursement to DEVELOPER shall expire five (5 ) years from the date of this Agreement. Compensation shall be in the form of a check from the County - the total of all payment shall not exceed the total amount of $31 ,504.91 (See attached Exhibit D) . The DEVELOPER'S share for this portion is tabulated below : Total Frontage Cost per Front Footage $/ ft. Developer Cost 65th Street 164 .23 ft. $22 .236981 $3 ,651 . 98 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 described herein shall be subject to approval by the Indian River County Department of Utility Services . The DEVELOPER shall submit to the Department of Utility Services for review at least three (3 ) bid estimates from licensed and qualified utility contractors . The term "qualified" shall be as determined by the COUNTY. The COUNTY' s reimbursement of construction costs to the DEVELOPER shall be conditioned upon the Utility Services Department ' s approval of project costs . The DEVELOPER shall not commence work unless the Utility Services Department provides written approval of the final construction cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY' s sole discretion, project costs significantly exceed those contained in Exhibit `B . " 6 . Captions : 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 . \\JESSICA\C\DOCUMENTS AND SETTINGS\BYRNEJOI \MY DOCUMENCS\MY DOCUMENTS\SPECS\DEVEL AGREE\02-121B DEVEL FINAL VERSION.DOC Page 2