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Lil J 40 SC - 3. Assignability: Either party may assign this Agreement, however, the rights granted herein shall run with 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 the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY to provide otherwise. SC - 4. Authori 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 / or re -bid if project costs significantly exceed that contained in Exhibit -B. SC - 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. SC - 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). Prior to commencement of 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. SC - 9. DEVELOPER's Obligations: The DEVELOPER shall prepare at its own expense, plans, specifications, agreement, advertisement, general conditions, hereinafter referred to has the "contract documents", for the lines and facilities necessary to obtain water from the COUNTY'S facilities. The COUNTY prior to submittal to the permitting agencies must approve all plans and specifications. The COUNTY shall be responsible for all costs associated with the design, permitting and construction of the offsite facilities including but is not limited to transmission lines, valves, fittings, hydrants, and associated appurtenances. 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. SC - 10. Easements: E u0S,0D-73. J.J- IL- D— \4— Man - N-,6,99— Apse --h N—Y M—d-