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{ 2 . Amendment : Only a written instrument executed by all parties to the Agreement may modify this 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 is 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 agrees to use DemandStar to bid the construction of off-site utilities described herein. The DEVELOPER shall submit to the Department of Utility Services for review at least three (3 ) bids 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 . 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 . 8 . Definition All pronouns shall be deemed to refer to the masculine, feminine , or neuter, singular or plural , as the identity of the party or parties may require . 9 . DEVELOPER' s Obligations : The DEVELOPER shall prepare at its own expense, plans , specifications, Agreement, advertisement, general conditions , hereinafter referred to as the "contract documents", for the lines and facilities necessary to deliver the water and wastewater utilities from the COUNTY ' S facilities. All plans and specifications shall be subject to the COUNTY ' s approval prior to the DEVELOPER' s application. The DEVELOPER shall be responsible for all costs associated with the design, permitting and construction of the offsite facilities (which includes but is not limited to transmission lines, valves , fittings, hydrants , meters , and associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY . The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities which is on or solely dedicated to the DEVELOPER ' s property (including but not limited to water meter, transmission lines, pumps , valves , storage facilities, etc . ) shall be the DEVELOPER ' s responsibility and Page 2 of 6 F:\UTILITIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS\MULLER HOMES UCP a2300\1)EVELOPERS AGREEMENT - MULLER KLIMAS OFF-SITE UTILITIES JUNE 15, 2004AOC