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2 . Amendment : This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3 . Assi ability' 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 not have the right to transfer these rights to another property unless this Agreement is amended riting 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 are enforceable in accordance with their terms. 5 . Bidding and Award : The DEVELOPER shall use the County' s public competitive bid process for all off-site utilities to be constructed under this Agreement, and Developer further agrees fully and timely to cooperate with the COUNTY in the public competitive bidding of the construction of off-site utilities described in this Agreement. The DEVELOPER shall timely provide the Indian River County Purchasing Division with sufficient information, including, without limitation, the nature of the project, where the plans may be purchased, the purchase price of the plans in an amount not to exceed One Hundred Dollars ($ 100 . 00) , the proposed date of bid opening, and all other necessary and required competitive bid details to ensure sufficient public notice of the construction of off-site utilities described in this Agreement to enable the COUNTY to post a notice on DemandStar. The DEVELOPER agrees that the Indian River County Purchasing Division shall conduct the public competitive bid process for the construction of off-site utilities described in this Agreement to obtain bona fide bids from licensed and qualified utility contractors, and such bids to be publicly opened and read aloud. The DEVELOPER shall cause the DEVELOPER ' s consulting engineer to review the bids received by the Indian River County Purchasing Division, and to make a written recommendation to the County' s Department of Utility Services for award of the bid to a licensed and qualified utility contractor. 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 approval of all project costs by the County' s Department of Utility Services . Bid proposals and engineering costs related to the work described herein shall be subject to prior approval by County' s Department of Utility Services . The DEVELOPER shall not commence work unless the County ' s Department of Utility Services provides written approval of the final construction cost and the final project 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. F :\UTILITIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS\TARMAC AMERICA OFFSITE WATER MAIN UCP #2480\DEVELOPERS AGREEMENT-REVI . DOCPage 2 of 7