Laserfiche WebLink
El <br />• <br />SC - 2. Amendment: <br />A written instrument executed by the party or parties to be bound thereby may only amend this <br />Agreement. <br />SC - 3. Assignability: <br />Either party may assign this Agreement, however, the rights #mnted herein shall run with the land <br />and are not considered the personal property of the DEVELOPER. Therefore, while the DEVELOPER <br />has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, <br />the assignee shall not have the right to transfer these rights to another property unless this Agreement is <br />amended in writing by the assignee and the COUNTY to provide otherwise. <br />SC - 4. Authority <br />Each party hereto represents and warrants to the other that the execution of this agreement and any <br />other 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 />SC - 5. Bidding_and Award : <br />The Indian River County Department of Utility Services shall review and approve bid proposals and <br />engineering costs related with the Work described herein. At least three (3) bid estimates from qualified <br />utility contractors must be submitted to the Department of Utility Services for review. Approval of <br />project costs will be a condition of the Utility Department's reimbursement for construction. <br />Furthermore, no work shall commence until the Utility Department provides written approval of the final <br />construction cost. The County may require redesign and / or re -bid if project costs significantly exceed <br />that contained in EXHIBIT B. <br />SC - 6. Captions: <br />Captions, if included, in this Agreement are included for convenience only and are not to be <br />considered in any construction or interpretation of this Agreement or any of its provisions. <br />SC 7 Construction Plans Technical SWeifications 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). Prior to construction, all permits must be approved. <br />SC - 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 />SC - 9. DEVELOPER's Obligations: <br />The DEVELOPER shall prepare at its own expense, plans, specifications, agreement, advertisement, <br />general conditions, hereinafter referred to has the "contract documents", for the lines and facilities <br />necessary to deliver the water and wastewater utilities from the COUNTY'S facilities. The COUNTY <br />prior to submittal to the permitting agencies must approve all plans and specifications. The COUNTY <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 and associated <br />appurtenances) whether designed, permitted or constructed by the DEVELOPER or the 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 <br />Page 2 of 9 <br />C kSuvm Doyle FilmtPmjed -Wien Rim Conmemily Colkp\AS emmt - Devetopm Agnew—L IRCC Cmgo - Nov r, 1999.doc <br />Developer's Agreement <br />Indian River Community College <br />