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3 . Assignability_: <br /> Either party may assign this Agreement. However, the rights granted herein shall run with the land and are <br /> not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this <br /> Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have <br /> the right to transfer these rights to another property unless this Agreement is amended in writing by the <br /> 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 <br /> documents required or necessary to be executed pursuant to the provisions hereof are valid, binding <br /> obligations and are 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 <br /> Indian River County Department of Utility Services . The DEVELOPER shall submit to the Department of <br /> Utility Services for review at least three (3 ) bid estimates from licensed and qualified utility contractors. The <br /> term "qualified" shall be as determined by the COUNTY. The COUNTY' s reimbursement of construction <br /> costs to the DEVELOPER shall be conditioned upon the Utility Services Department ' s approval of project <br /> costs . The DEVELOPER shall not commence work unless the Utility Services Department provides written <br /> approval of the final construction cost. The COUNTY may require redesign and/or re-bid if, in the <br /> COUNTY ' s sole discretion, project costs 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 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 <br /> Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of <br /> Environmental Protection (FDEP) . The DEVELOPER shall not commence construction until all permits are <br /> 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 identity <br /> 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, general <br /> conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary to deliver <br /> the water and wastewater utilities from the COUNTY ' S facilities . All plans and specifications shall be <br /> subject to the COUNTY ' s approval prior to the DEVELOPER' s application. The DEVELOPER shall be <br /> responsible for all costs associated with the design, permitting and construction ofthe offsite facilities (which <br /> includes but is not limited to transmission lines , valves , fittings, hydrants, meters, and associated <br /> appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY. <br /> The design, permitting, construction, operation and maintenance of all on-site water and wastewater utilities <br /> which is on or solely dedicated to the DEVELOPER' s property (including but not limited to water meter, <br /> transmission lines, pumps, valves , storage facilities, etc. ) shall be the DEVELOPER' s responsibility and <br /> expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and <br /> Page 2 <br /> \VESSICA\CDOCDMENIS AND SEITIlJGSIBYRNEJ0141fY DOCIIMENTS\MY DOCObfENTSVSPECSIDEVEI, AGREE\02-121B DEVEL SEWEA.DOC <br />