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this Agreement to freely transfer the rights and obligations granted by this Agreement , the assignee shall <br /> not have the right to transfer these rights to another property unless this Agreement is amended in writing <br /> by the assignee and the COUNTY . <br /> 4 , Authority: <br /> Each party hereto represents and warrants to the other that the execution of this Agreement and any other <br /> documents required or necessary to be executed pursuant to the provisions hereof are valid, binding <br /> obligations and are enforceable in accordance with their terms . <br /> 5 . Bidding and Award : <br /> Bid proposals and engineering costs related to the work described herein shall be subject to approval by <br /> the Indian River County Department of Utility Services . The DEVELOPER shall submit to the <br /> Department of Utility Services for review at least three (3 ) bid estimates from licensed and qualified utility <br /> contractors . The term "qualified" shall be as determined by the COUNTY . The COUNTY ' s <br /> reimbursement of construction costs to the DEVELOPER shall be conditioned upon the Utility Services <br /> Department ' s approval of project costs . The DEVELOPER shall not commence work unless the Utility <br /> Services Department provides written approval of the final construction cost . The COUNTY may require <br /> redesign and/or re-bid if, in the COUNTY ' s sole discretion, project costs significantly exceed those <br /> contained in Exhibit `B . " <br /> 6 . Captions : <br /> Captions, if included, in this Agreement are included for convenience only and are not to be considered in <br /> any construction or interpretation of this Agreement or any of its provisions . <br /> 7 . Construction Plans , Technical Specifications and Contract Documents : <br /> The DEVELOPER agrees to complete a final set of construction drawings and make submission for a <br /> Utilities Construction Permit to the Indian River County Department of Utility Services and Florida <br /> Department of Environmental Protection (FDEP) . The DEVELOPER shall not commence construction <br /> until all permits are approved and obtained . <br /> 8 . Definition <br /> All pronouns shall be deemed to refer to the masculine , feminine , or neuter, singular or plural, as the <br /> identity of the party or parties may require . <br /> 9 . DEVELOPER ' s Obligations : <br /> The DEVELOPER shall prepare at its own expense , plans, specifications , Agreement, advertisement , <br /> general conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary <br /> to deliver the water and wastewater utilities from the COUNTY ' S facilities . All plans and specifications <br /> shall be subject to the COUNTY ' S approval prior to the DEVELOPER ' S application. The DEVELOPER <br /> shall be responsible for all costs associated with the design, permitting and construction of the offsite <br /> facilities (which includes but is not limited to transmission lines, valves , fittings , hydrants, meters , and <br /> associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the <br /> COUNTY . <br /> The design, permitting, construction, operation and maintenance of all on-site water and wastewater <br /> utilities which is on or solely dedicated to the DEVELOPER ' S property (including but not limited to water <br /> meter, transmission lines , pumps, valves, storage facilities, etc . ) shall be the DEVELOPER ' S <br /> responsibility and expense . Construction of on-site water and wastewater utilities shall be subject to <br /> COUNTY review and approval . <br /> Page 3 <br /> F:\UTILITIES\UTILITY - ENGINEERIN&PROJECTS - UTILITY CONSTRUCTION PERMITS\.MAZZARELLA SUBDIVISION UCP # 2250`AGREEMENT - DEVELOPERS AGREEMENT - DEVELOPMENT OF OFF-SITE <br /> UTILITIES, COUNTY STANDARD WITH PAYMENT BOND.DOC <br />