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