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The DEVELOPER shall pay the cost of construction of the waterline from 84`h Street to County Road 510. The <br /> DEVELOPER ' S fee for this portion is tabulated as shown on Exhibit B . <br /> 2 . Amendment: <br /> This Agreement may be modified only by a written instrument executed by all parties to the Agreement . <br /> 3 . Assignability: <br /> Either parry may assign this Agreement. However, the rights granted herein shall run with the land and are not the <br /> personal property of the DEVELOPER. Therefore , while the DEVELOPER has the right under this Agreement to <br /> freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer <br /> these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY. <br /> 4 . Authority: <br /> Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents <br /> required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are <br /> enforceable in accordance with their terms . <br /> 5 . Bidding and Award : <br /> Bid proposals and engineering costs related to the work described herein shall be subject to approval by the Indian <br /> River County Department of Utility Services . The DEVELOPER shall submit to the Department of Utility Services <br /> for review at least three (3 ) bid estimates from licensed and qualified utility contractors . The term "qualified" shall <br /> be as determined by the COUNTY. The COUNTY ' s reimbursement of construction costs to the DEVELOPER shall <br /> be conditioned upon the Utility Services Department ' s approval of project costs . The DEVELOPER shall not <br /> commence work unless the Utility Services Department provides written approval of the final construction cost. The <br /> COUNTY may require redesign and/or re-bid if, in the COUNTY ' s sole discretion, project costs significantly <br /> exceed those contained in Exhibit `B . " <br /> 6 . Captions : <br /> Captions , if included, in this Agreement are included for convenience only and are not to be considered in any <br /> construction or interpretation of this Agreement or any of its provisions . <br /> 7 . Construction Plans Technical Specifications and Contract Documents : <br /> The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities <br /> Construction Permit to the Indian River County Utilities Department and Florida Department of Environmental <br /> Protection (FDEP) . The DEVELOPER shall not commence construction until all permits are approved and <br /> obtained . <br /> 8 . Definition <br /> All pronouns shall be deemed to refer to the masculine , feminine , or neuter, singular or plural , as the identity of the <br /> party or parties may require . <br /> 9 . DEVELOPER ' S Obligations : <br /> The DEVELOPER shall prepare at its own expense , plans , specifications , Agreement, advertisement, general <br /> conditions , hereinafter referred to as the "contract documents", for the lines and facilities necessary to deliver the <br /> water and wastewater utilities from the COUNTY ' S facilities . All plans and specifications shall be subject to the <br /> COUNTY ' s approval prior to the DEVELOPER ' s application. The DEVELOPER shall be responsible for all costs <br /> associated with the design, permitting and construction of the offsite facilities ( which includes but is not limited to <br /> transmission lines , valves , fittings , hydrants , meters , and associated appurtenances) whether designed, permitted or <br /> constructed by the DEVELOPER or the COUNTY. <br /> Page 2 <br />