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F. DEVELOPER shall use the competitive bidding process for all work performed under this agreement. Any bids are subject to the prior approval of the COUNTY Public Works Director. The Public Works Director reserves final approval of the winning bidder. G. DEVELOPER agrees to diligently prosecute the design and construction of the roadway improvement project described herein. The engineering and design functions described in Section B. above will be completed within 12 months of the Effective Date of this Agreement. At such time as all right-of-way acquisitions are completed, the competitive bidding process is performed, the project is awarded to the roadway contractor and approved by the Public Works Director, construction activities shall commence within 60 days thereafter. Subject to the qualifications contained in Section 19 of this Agreement, the roadway improvement project shall be completed within 12 months of commencement of work. H. COUNTY hereby agrees to grant and convey unto DEVELOPER, by execution of a separate instrument, a temporary non-exclusive easement, right and privilege to construct and perform the roadway improvements project in, under, over and across the present and future roads, easements, reserved utility sites and public areas as provided and dedicated to public use in the record plats, deeds, agreements, dedications or grants which collectively aggregate the roadway project area. COUNTY acknowledges that the DEVELOPER will possess the right of ingress and egress to carry out these functions through completion and acceptance of the project. The foregoing grants shall be in effect throughout the term of the roadway improvements project, and shall thereafter be deemed automatically terminated and of no further force or effect. DEVELOPER further agrees to apply for and procure an appropriate permit to construct improvements within the COUNTY right-of-way, which application and permit shall include a plan of traffic maintenance for the term of the project. I. Upon final approval and acceptance by COUNTY of the completed roadway improvements, DEVELOPER shall transfer to COUNTY by the appropriate legal means title, ownership and control of all roadway project improvements. To evidence said transfer, DEVELOPER agrees to execute and deliver to COUNTY a bill of sale, assignment, or other appropriate documentation, in a form satisfactory to COUNTY attorneys, for recording among the Indian River County public records . COUNTY agrees that acceptance of the roadway improvements constructed by DEVELOPER, and the bill of sale, assignment, or other documentation referred to above, shall constitute the assumption of responsibility by the COUNTY for the continuous operation and maintenance of such improvements from that date forward. J. The roadway improvements project shall be warranted by the roadway project contractor against defects in materials and workmanship for a period of three years from the date of acceptance by the COUNTY. DEVELOPER shall and hereby agrees to transfer and assign the roadway project contractor' s warranty to COUNTY concurrently with execution of the transfers set forth in Section I above . 3 . Project Performance Security : A. To secure the performance of DEVELOPER and payment of all expenses associated with the roadway improvement project, DEVELOPER agrees to establish and maintain a performance security instrument during the term of the project. The performance security instrument may take the form of a cash deposit or irrevocable letter 3