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This document prepared by and return to: Indian River County Public Works Department 1840 256 Street Vero Beach, Florida 32960 Miscellaneous: BDB/bm A. In the e.ent of any litigation arising out of this Agreement, the prevailing party shall recover attorneys' fees and costs from the non -prevailing party. B . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. Notwithstanding the foregoing, the right of Newport North Holdings, LLC to a refund of the Contribution Amount pursuant to the conditions stated in Paragraph 2.C. shall remain with Newport North Holdings, LLC. D . This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto. This Agreement shall not be effective unless signed by Developer and County E The obligations of the Developer to this Agreement are expressly conditioned upon the Developer's decision, at Developer's sole discretion, to proceed with the Project. F. No certificate of completion or occupancy shall be withheld or delayed by the County for the Project (or any portion thereof), nor shall the County delay or withhold the full use and occupancy of the Project or any required permit(s) or final plat(s), due to the Bridge or 53rd Street itself not being completed. G Except for the aforementioned 230' extension of 57th Street, 58th Avenue turn lanes, and the Contnbution Amount, the County shall not require Developer to construct, contnbute to or share in the costs of any off-site improvements other than the payment of applicable impact fees. H . This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. I. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. {M20752622}4 C:\Documents and Settings\TRamm\My Documents\wordfiles\Florida\Bayer\North Lake SD -Developer's Agr-final.doc