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t The DEVELOPER ' S share for this portion is tabulated below : Frontage Total Frontage Cost per Front Footage ($/ ft. ) Developer Cost 150 150 16. 90 $2535 . 06 2 . Amendment : This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3 . Assignability : Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not 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. 4 . Authority : 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 . 5 . Bidding and Award : The DEVELOPER shall use the County's unit prices established under County Bid Number 3032 currently being used for water main improvements in the Orange Heights and Gallentine Subdivisions under construction by Underground Utilities , Inc . for all off-site utilities to be constructed under this Agreement, and Developer further agrees fully and timely to cooperate with the COUNTY in the construction of off-site utilities described in this Agreement. 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 . 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. 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 Obligations : 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