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years from the date of this Agreement. <br /> 2 . Amendment : <br /> This Agreement may be modified only by a written instrument executed by all parties to the <br /> Agreement. <br /> 3 . Assignability <br /> Either party may assign this Agreement . However, the rights granted herein shall run with the <br /> land and are not the personal property of the DEVELOPER . Therefore , while the DEVELOPER has <br /> the right under this Agreement to freely transfer the rights and obligations granted by this <br /> Agreement, the assignee shall not have the right to transfer these rights to another property <br /> 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 <br /> and any other documents required or necessary to be executed pursuant to the provisions <br /> hereof are valid , binding obligations and are enforceable in accordance with their terms . <br /> 5 . Bidding and Award : <br /> The DEVELOPER shall use the County's public competitive bid process for all off-site utilities to <br /> be constructed under this Agreement, and Developer further agrees fully and timely to <br /> cooperate with the COUNTY in the public competitive bidding of the construction of off-site <br /> utilities described in this Agreement . The DEVELOPER shall timely provide the Indian River <br /> County Purchasing Division with sufficient information , including , without limitation , the nature <br /> of the project, where the plans may be purchased , the purchase price of the plans in an amount <br /> not to exceed One Hundred Dollars ( $ 100 . 00 ) , the proposed date of bid opening , and all other <br /> necessary and required competitive bid details to ensure sufficient public notice of the <br /> construction of off-site utilities described in this Agreement to enable the COUNTY to post a <br /> notice on DemandStar. The DEVELOPER agrees that the Indian River County Purchasing <br /> Division shall conduct the public competitive bid process for the construction of off- site utilities <br /> described in this Agreement to obtain bona fide bids from licensed and qualified utility <br /> contractors, and such bids to be publicly opened and read aloud . The DEVELOPER shall cause <br /> the DEVELOPER'S consulting engineer, to review the bids received by the Indian River County <br /> Purchasing Division , and to make a written recommendation to the County's Department of <br /> Utility Services for award of the bid to a licensed and qualified utility contractor. The term <br /> "qualified " shall be as determined by the County. The COUNTY'S reimbursement of construction <br /> costs to the DEVELOPER shall be conditioned upon the approval of all project costs by the <br /> County's Department of Utility Services . Bid proposals and engineering costs related to the <br /> work described herein shall be subject to prior approval by County's Department of Utility <br /> Services . The DEVELOPER shall not commence work unless the County's Department of Utility <br /> Services provides written approval of the final construction cost and the final project cost . The <br /> COUNTY may require redesign and/or re- bid if, in the COUNTY'S sole discretion , project costs <br /> significantly 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 <br /> considered in any 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 <br /> for a Utilities Construction Permit to the Indian River County Utilities Department and Florida <br /> Department of Environmental Protection ( FDEP) . The DEVELOPER shall not commence <br /> construction until all permits are approved and obtained . <br /> 2 - <br /> revised 08 .03 . 07 <br />