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C-1 <br />M <br />• <br />140 <br />right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the <br />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. Atharity <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 arc valid, binding <br />obligations and are enforecablc in accordance with their terms. <br />SC - 5 Siddine 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 from qualified utility contractors. Approval of <br />project costs will be a condition of the Utility Department's reimbursement for construction. Furthermore, <br />no work shall commence until the Utility Department provides written approval of the final construction <br />cost. The County may require redesign and 1 or re -bid if project costs significantly exceed that containers in <br />Exhibit C. <br />SCS <br />Captions, if included, in this Agreement are included for convenience only and are not to be considered <br />in any construction or interpretation of this Agreement or any of its provisions. <br />SC - 7. Construction Plans T chnical S ecifications and. Contract Documents: <br />The DEVELOPER agrees to complete a final set of constriction drawings and make subnussion for a <br />Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of <br />Environmental Protection (FDEP). Prior to construction, ail permits must be approved. <br />SC - S. 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 - 4 DEVELOPER'SObligations: <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 water <br />meter, transmission lines, pumps, valves, storage facilities,) shall be the DEVELOPER's responsibility and <br />expense, Construction of on-site water and wastewater utilities shall be subject to COUNTY review and <br />approval. <br />The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of <br />the, water meter, however the DEVELOPER shall not be deemed to own the water and the transfer or sale <br />of skater is prohibited, <br />The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use offsite of <br />die property. <br />SC -1 [7 EEascments: <br />The DEVELOPER shall convey to the COUNTY a utility easement for the water and <br />wastewater utilities for the. COUNTY to install, maintain, operate and monitor the water and <br />wastewater utilities, within the private right-of-way including but not limited to water lines, <br />services, laterals, manholes, meters. Lill[ station, sewer, and remote monitorin9. <br />I'm pe ! ur o <br />r. yUJT11 IT1 YtiUItiFCf Yl7 YrM�•foitrr nY rt41res^"ww%F_W �'SKwp b4 Al. <br />rxvcS gxt's A&Tc 1,111 <br />Citrus tiyr,nps <br />