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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 ofUtility 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 "D." <br /> 6. Ca hp •ons : <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 Utilities Department and Florida Department of <br /> Environmental Protection (FDEP). The DEVELOPER shall not commence construction until all permits <br /> 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 Obli ations: <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 approvalprior 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 responsibility <br /> and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review <br /> and approval. <br /> The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER' s side of the <br /> water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of <br /> water by the DEVELOPER is prohibited. <br /> The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use ofd site of the <br /> property. <br /> 10. Easements: <br /> The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities <br /> for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the <br /> Page 3 <br /> C:ID000M ?N1'S AND SETTTNGSUMN,OCAL SEI7MGStTEMPORARY IIJTERNET FIITi,410LK2531F� <br /> AOREEMENf • DEVELOPERS AORNT - OFF.SRE UTQ,ITIES MARCH 15 20Q41 .DOC <br />