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Diamond Court Cost Share: = $42,738 .50 x 18 % _ $ 7,692 .93 Crazy Woman Cost Share: $42,738 .50 x 7% _ $2 ,991 .70 Reimbursement: In the event a connection is made to the non-master plan portion of force main by the "Diamond Court" and " Crazy Woman" development projects , the COUNTY shall collect the prorata share and reimburse DEVELOPER the amount computed under this Agreement. The amount to be collected shall be obtained by the County prior to the acceptance of the new project' s connection to the system. The COUNTY shall reimburse DEVELOPER within the allotted time stated in the Florida Prompt Payment Act. 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 "D." 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 . 7 . Construction Plans, Technical Specifications and Contract Documents : 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). The DEVELOPER shall not commence construction until all permits are approved and obtained. Page 3 of 8