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CI • • SC - 2. Amendment: 11is agreement may be modified only by a wvriften instrument executed by all parties to the agreement. SC - 3. Assignability: Either party may assign this Agreement, ]towcvcr, rite rights granted herein shall run wilt the land and are not considered the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer die rights and obligations granted by this Agreement, the assignce shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignm and the COUNTY to provide otherwise. SC - 4. Authon Each party hereto represents and warrants to the other that tic 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 %%ith their terms. SC - 5. Bidding and Award The Indian River County Department of Utility Services shall review 'and approve bird proposals and engineering costs rclattxd with the Work described herein. At least three (3) bid estimates from qualified utility contractors must be submitted to the Dcparmient of Utility Services for review. Approval of project costs will be a condition of [ire Utility DLpartmcnt's reimbursement for construction. furthermore, no work shall commcncc 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 B. SC - 6. Captions: Captions, if included, In tins Agreement are mcludul for convenience only and are not to be considered in any construction or interpretation of this Agre rnent or any of its provisions. SC - 7. Construction Plans, Technical Specifications and Contract Documents: 'fie DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilifics Construction Permit to the Indian River County Utilities Department and Florida Department of Environmental Protection {FDEP). Prior to construction, all permits must be approved. .,L:) SC -_8. Deftnilion ;V All pronouns shall be dmmcd to refer to the masculine, feminine, or neuter, singular or plural, as lure identity of the party or parties may require. Z k SC - 9. DEVELOPER's Obligations- The bli =atm icons. 'fire DEVELOPER shall prepare at its own expense, plans, specifications, agrceanent, advertisement, N general conditions, qucreinafdcr rcferrtA to has the "contract documents", for the lines and facilities necessary to deliver the water and wastewater utilities from the COUNTY'S facilities. The COUNTY co prior to submittal to the permitting agencies roust approve all plans and specificatio :.s. The DEVELOPER Cn shall be responsible for all costs associated wifi tic design, pennitting and constntctiun of the offsite facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and associated appurtenances) whether designed, permitter! or constructed by this DFIVELOPI R or rite COUNTY. Im{�MIly+S4 � ei}7@'!lle-IU F.V hltW�'x� t1t 17Y•tS1LIIAtSt titN{} r4afEQx - t N"y i' M� icicli+Mr F aril+<"lkticrr i lar t hafGR S.fw I)OW1 l;Ap - nrvel,Tm r1j,rmm" 4a