Laserfiche WebLink
t <br /> The DEVELOPER ' S share for this portion is tabulated below : <br /> Frontage Total Frontage Cost per Front Footage ($/ ft. ) Developer Cost <br /> 150 150 16. 90 $2535 . 06 <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 land <br /> and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the <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. <br /> 4 . Authority : <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 are valid, <br /> binding obligations and are enforceable in accordance with their terms . <br /> 5 . Bidding and Award : <br /> The DEVELOPER shall use the County's unit prices established under County Bid Number 3032 <br /> currently being used for water main improvements in the Orange Heights and Gallentine Subdivisions <br /> under construction by Underground Utilities , Inc . for all off-site utilities to be constructed under this <br /> Agreement, and Developer further agrees fully and timely to cooperate with the COUNTY in the <br /> construction of off-site utilities described in this Agreement. The COUNTY ' s reimbursement of <br /> construction costs to the DEVELOPER shall be conditioned upon the approval of all project costs by <br /> the County ' s Department of Utility Services . Engineering costs related to the work described herein <br /> shall be subject to prior approval by County ' s Department of Utility Services . The DEVELOPER <br /> shall not commence work unless the County ' s Department of Utility Services provides written <br /> approval of the final construction cost and the final project cost. <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 for a <br /> Utilities Construction Permit to the Indian River County Utilities Department and Florida Department <br /> of Environmental Protection (FDEP) . The DEVELOPER shall not commence construction until all <br /> permits are approved and obtained . <br /> 8 . 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 /> 9 . DEVELOPER ' s Obligations : <br /> The DEVELOPER shall prepare at its own expense , plans, specifications , Agreement, advertisement, <br /> general conditions, hereinafter referred to as the "contract documents", for the lines and facilities <br />