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<br />I <br /> <br />Sun Polymers International <br />Refund Agreement <br />Page 2 <br /> <br />IT IS NOW MUTUALLY AGREED as follows: <br /> <br />1. That the Developer shall, pursuant to the plans and specifications submitted to <br /> <br />the Town Council of the Civil Town ofMooresville, extend a 12 inch sanitary sewer <br /> <br />collection extension which is not part of the Developer's infrastructure, over size the lift <br /> <br />station, install 12 foot wide aggregate access road and over size the sanitary sewer force <br /> <br />mam. <br /> <br />2. Both Town and Developer agree that the cost for these improvements and over <br /> <br />sizing would qualify as refundable amounts pursuant to Ordinance 2-1994. Based on the <br /> <br />low bid of Ninety-one Thousand Eight Hundred and Seventy-six Dollars ($91,875) <br /> <br />received by the Developer the refund shall be in the amount of Seventy-three Thousand <br /> <br />Three Hundred and Fourteen Dollars ($73,314) and that said monies are refundable only <br /> <br />if all the work is performed by the Developer in accordance with the plans and <br /> <br />specifications submitted to the Town and the Town's acceptance of the dedication of the <br /> <br />addition to the sanitary sewer system. The remaining amount of Eighteen Thousand Five <br /> <br />Hundred and Sixty-two Dollars (S18,562) shall be the Developer's responsibility. The <br /> <br />Developer shall also be responsible for obtaining all pennits from the Indiana Department <br /> <br />of Environrnental Management and furthers agrees to hold the Town harmless for any <br /> <br />liability during the construction phase ITom any person, employee, government entity or <br /> <br />other source. It is further understood and agreed that any refund is subject to availability <br />