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• i 5C 4. Authoriy 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. SC- 5. Bidding and Award The Indian River County Department of Utility Services shall review and approve bid proposals and engineering costs related with the Work described herein. At least three (3) bid estimates from qualified utility contractors must be submitted to the Department of Utility Services for review. Approval of project costs will be a condition of the Utility Department's reimbursement for construction. Furthermore, no work shall commence until the Utility Department provides written approval of the final construction cost. The County may require redesign and 1 or re -bid if project costs significantly exceed that contained in Exhibit C. 5_C - 6. Captions: Captions, if included, in this Agreement are included for convenience only and am not to be considered in any construction or interpretation of this Agreement or any of its provisions. C - 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 Departrnent and Florida Department of Environmental Protection (FDEP). Prior to construction, all permits must be approved. SC - 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, S - 9 DEVELOPER's Obligations- The bl't ations-The DEVELOPER shall share in the costs associated with the preparation of plans, specifications, agreement, advertisement, general conditions, hereinafter referred to has the "contract documents", fur the limes and facilities necessary to deliver the water and wastewater utilities from the COUNTY'S facilities. The COUNTY prior to submittal to the permitting agencies must approve all plans and specifications. The design, permitting, construction, operation and maintenance of all nen-site water and w,astuwater 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,) shall be the DEVELOPER's responsibility and expense. Construction of on -situ 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 is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use offsite of the property. 5C - M Easements: neve lop cr z Agicement Pointe west of Vow R ach Page 4 or 17 C:1SSeven Doyle FileslProiact - Pointe West or Veru Beach'Point Wens of Very: Beach, Developers Agreement. Nov 17. 1499.doe