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Part 3 : 8 - inch Diameter Gravity Sanitary Sewer Directional Bore Under 53rd : The DEVELOPER shall furnish and install an 8 -inch gravity sewer main via a directional bore from approximately twenty-five feet north of the north edge of pavement of 53"' Street running south under 53 "i Street and ending approximately fifty-eight feet south of the south edge of pavement of 53 `s Street. The estimated length of the bore is approximately 150 linear feet. This part only includes the 8 - inch PE pipe and directional bore installation of that pipe. (See Exhibit "C") Reimbursement: Following the DEVELOPER' s payment of Capacity Charges (for Phase I only), the COUNTY shall reimburse the DEVELOPER 100% of the actual cost of Part 3 , based on an itemized invoice of the installed material at the time the above referenced facilities are dedicated to and accepted by the COUNTY. Reimbursement shall be in the form of a check from the COUNTY, and shall not exceed the amount of $ 23 , 140 . 00 (See Exhibit "B -3 ") . Funds Recovered by the County to Pay for Directional Bore : Prior to the connection of Parcels 3 , 5 , 6 , and 7 (or portions thereof) to the regional gravity sewer system, the developers of said parcels shall reimburse the COUNTY for funds used to reimburse the DEVELOPER for construction of Part 3 . The reimbursement amount for each parcel (or portion thereof) shall be based upon an equitable reimbursement formula using the area served by the directional bore (Part 3 - Parcels 3 , 5 , 6, and 7) as shown in Exhibit "D", and the actual cost of Part 3 as calculated for the DEVELOPER' S Reimbursement. Final reimbursement to the COUNTY for this portion is tabulated below: Existing ERU Estimated Parcel Parcel Parcel Parcel Determination Percentage Reimbursement Number Zoning Acreage ERUs Description of Total ERUs to Coun E73 RM-6 5 . 89 35 6 x Ac = ERUs 20 . 96% $49850 . 14 5 RM-6 2 . 78 16 6 x Ac = ERUs 9 . 58 % $23216. 81 6 CG 19 . 23 115 ( 1500 x Ac)/250 = ERUs 68 . 86% $ 155934 . 21 CG 0 . 31 1 ( 1500 x Ac)/250 = ERUs 0 . 60% $ 138 . 84 TOTAL ERUs : 167 ESTIMATED TOTAL COST : $23 , 140 .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 . Page 3 E;VHB'•02. 101 f: DEVELGPERS AGREEMENT ( 1 .64N1D( C