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13th Street S.W. to 5th Street S.W. to the Traffic Component/Capital <br />Improvement portion of the Indian River Comprehensive Land Use Plan as part of <br />the January 2006 submittal package directed to the Florida Department of <br />Community Affairs. <br />4. DEVELOPER shall use the competitive bidding process for all work performed <br />under this agreement. Any bids are subject to the prior approval of the COUNTY <br />Public Works Director. The Public Works Director reserves final approval of the <br />winning bidder. <br />5. DEVELOPER understands and agrees that despite the best efforts of the <br />COUNTY, the Department of Community Affairs may not approve the adding of <br />the 27th Avenue improvements, from Oslo Road to 5th Street S.W., to the <br />Comprehensive Land Use Plan. If after COUNTY has exhausted its best efforts, <br />the Department of Community Affairs does not allow these improvements to be <br />added to the Comprehensive Land Use Plan, DEVELOPER shall still be bound by <br />terms of this agreement and acknowledges and agrees that it may not receive fair <br />share compensation from the COUNTY for improvements made to 27th Avenue <br />from Oslo Road to 5th Street S.W. Further DEVELOPER acknowledges and <br />agrees that the expansion of 27th Avenue has been subject of much debate and is <br />currently not included in the COUNTY'S Transportation Capital Improvement <br />Plan. <br />6. DEVELOPER understands and acknowledges that it is building in an area of the <br />County that is growing rapidly and sufficient traffic capacity may not be available <br />for its project even though it is entering into this agreement to make certain <br />roadway improvements. DEVELOPER agrees that it is not entitled to any vesting <br />of traffic concurrency rights for the Turtle Creek project by entering into this <br />agreement. DEVELOPER is fully aware of the changes the COUNTY is making <br />to its concurrency ordinance and recognizes the risks of proceeding with this <br />project. <br />7. DEVELOPER and DEVELOPER'S contractors and subcontractors will maintain <br />the following minimum limits of insurance during the term of this agreement and <br />shall provide evidence of said coverage being in effect by providing the County <br />K <br />