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Arncndment : Only a written instrument csccutcd by all parties to the AgrccmcriI may mod if',, this .Agreement. .Assienability_ Either pa-y may assign this Agreement. However, the rights granted herein shall rum with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the tight under this :ureentcrt [c freely lransicr the rights and obligations granted by this Agreement, the assrmec shall not have the neht to transfer these rights to another propeny unless this Agrecmcnt is amended in "vriting by the 2ssi�nee and the COUNTY. i 4 . AUthcrIl": { rants to the o [her that the execution of this Aeement and any other Each pan% hereto represents and war documents required or necessary to be executed pursuant to the provisions hereof arc valid , bindinc obligations and is enforceable in accordance with tncir terms. 5 . Bidding and Asgard : Bid proposals and cniinccring costs related to the wort: descnkd herein shall be sebjeci ;o approval byrthe IndianRivcrCountyDepartmentofUuhtvServices. The DEVELOPER agrees to use DernandStartobidthe construction of off-site utilities describes herein. The DEVELOPERshali submit to fnc Dcparnnent of Utility Services for review at least three (3 ) bids from licensed and quali f.. ed utiii ry contractors The term "Qualified" shall be as determined by the COUNTY. Tho COndTY ' s reimbursement of construction costs to the DEVELOPER shall be conditioned upon the Utility Services Department ' s approval of project costs. The DEVELOPER shalt not commerce work unless the Utility Scryices Department provideswntten approval of the final construction cost. The COUNTY may require redesign are or re-bid i :`, in the COLtNTY"'s sole discretion , project cosis si�:. iticantly exceed those contained in Exhibit "B. " 6. Cannons : Captions, i `included, in. this Agreerrtent are included for cotn2rlerce only and are not to be considered in ary constructton or interpretation of this Agreement or any ofits provisions. i 7 . Cone_; action Plans Technical Specifications and Contras: Documents: j The DEVELOPER agrees to complete a final: set of const*uc;ion drawings and rmakc submission for a utilities Construction Permit to the Indian River Courny utilities Department and Florid: Department o` Envfronmcn: alProtection (FDE'}. The DEV LOPERshallnn [ commenccconsi ur_<irrnurtilal : permits are approved and obtained . S. DeF rtition Ail pronouns shall be deemed to refer to the masculine., fe:nimne, or neuter, singular Orplcral , as the identity of the party or parties may require, 4. DEVELOPER ' s Oblivations: The DEVELOPERshall prepare at its psvn a;<pen e_ plans, specirioatiors, Agreement, tint vcrtisement. gercra] conditions, hereinafter rc=erred to as the "contract documents ", for the lines and facilities necessary to dcliccr the %.vaterand ,.vastew2Lcr utilities from the COUNTY ' S facilities . All plans and specifications shall be subject to the COL>1'TY ' s approval prior to the DEVELOPER 's applecion. The DE- VELOPERshall be responsible ror all costs associated with the design, permitting and construction of the offsite facilities (which includes but is not limited to (ransmission lines, valves, fittings, hydrants, meters. and associated appurtenances) whether dcsigncd , permitted o; constructed by the DEVELOPER or the COUNTY , The design , perrnittin3, construction, operation and maintenance ofall on—site water and wastewater utilities which is on or solely dedicated to the DEVELOPER 's property (including but not limited to Ovate; meter, transmission lines, pumps, valves, storage facilities, etc. ) shall be the DEVELOPER ' s responsibility and Page 2 of 6 ItT W t, IMM PC . 'EEc. , RC14LM V7'uT) k11,lLlAiKIqIiLGR '.14k 1J1 ? A%ry LES � M{L:[• 1i1M91 >[£ SCE L" Ji.`i 'L'fE ,)9iDK