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ORIG I NAL a written recommendation to the County' s Department of Utility Services for award of the bid to a licensed and qualified utility contractor. The term "qualified" shall be as determined by the County. The COUNTY ' s reimbursement of construction costs to the DEVELOPER shall be conditioned upon the approval of all project costs by the County ' s Department of Utility Services . Bid proposals and engineering costs related to the work described herein shall be subject to prior approval by County' s Department of Utility Services . The DEVELOPER shall not commence work unless the County ' s Department of Utility Services provides written approval of the final construction cost and the final project cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY ' s sole discretion, project costs significantly exceed those contained in Exhibit «B , 91 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 . 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) . The DEVELOPER shall not commence construction until all permits are approved and obtained . 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 . 9 . DEVELOPER ' s Obli atm The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement, advertisement, general conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary to deliver the water and wastewater utilities from the COUNTY ' S facilities . All plans and specifications shall be subject to the COUNTY ' s approval prior to the DEVELOPER' s application. The DEVELOPER shall be responsible for all costs associated with the design, permitting and construction of the offsite facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants , meters, and associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY. The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities which is on or solely dedicated to the DEVELOPER ' s property (including but not limited to water meter, transmission lines, pumps, valves, storage facilities, etc .) shall be the DEVELOPER' s responsibility and expense . Construction of on-site water and wastewater utilities shall be subject to COUNTY review and approval . 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 by the DEVELOPER is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacity to any party for use off-site of the property. 10 . Easements : Page 3 C 00CUMENTS AND SETTINGS\CAROLE\MY DOCUMENTS\MGB CONSTRUCTION\DEVELOPERS AGREEMENT 7-28-04.DOC