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• <br /> Frontage Total Frontage Cost per Front Foota e $/ ft . Developer Cost <br /> 398 398 $ 15 . 77 $6,276 .46 <br /> 2 . Amendment : <br /> This Agreement may be modified only by a written instrument executed by all parties to the Agreement . <br /> 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 agrees to use DemandStar to bid the <br /> construction of off-site utilities described herein. The DEVELOPER shall submit to the Department of Utility <br /> Services for review at least three (3 ) bids from licensed and qualified utility contractors. The term "qualified" <br /> shall be as determined by the COUNTY. The COUNTY ' s reimbursement of construction costs to the <br /> DEVELOPER shall be conditioned upon the Utility Services Department ' s approval of project costs . The <br /> DEVELOPER shall not commence work unless the Utility Services Department provides written approval of <br /> the final construction cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY Is sole <br /> 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 Utilities <br /> 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 Obli atg ions : <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 subject <br /> to the COUNTY ' s approval prior to the DEVELOPER' s application. The DEVELOPER shall be responsible <br /> for all costs associated with the design, permitting and construction of the offsite facilities (which includes but <br /> is not limited to transmission lines, valves, fittings, hydrants, meters, and associated appurtenances) whether <br /> designed, permitted or constructed by the DEVELOPER or the COUNTY. <br /> Page 2 of 9 <br />