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1/10/03vmg(PWD�wd Within 90 days after execution of this Agreement, the County shall meet with FPL to accomplish the relocation of four 138 KV power poles along 12th Street,which are conflicting with turn lane construction. 2. If the Poles are not relocated within two years, the left-turn lane shall not be constructed, neither DEVELOPER nor COUNTY shall have any responsibility to fund or construct the turn-lane or relocate power poles and the DEVELOPER will reduce the number of units of the development to result in less than 30 peak hour left-turn trips entering the subdivision. If FPL agrees to move the poles within two years of the effective date of this agreement, the Developer agrees to fund$137,000 of the $ 250,000 cost to relocate FPL poles and construct a left-tura lane along the Oaks of Vero frontage. If FPL does not pay the remainder of approximately$ 113,000,the County and Developer shall have no financial obligation and this agreement is terminated. The Developer shall manage the relocation and perform all necessary coordinating work. 3. Time is of the essence as to all matters pertaining to this Agreement. The relocation shall occur within two years of the date of this agreement. 4. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to reimbursement of the costs and expenses thereof from the non-prevailing party or parties, including reasonable attorneys fees and including such costs, expenses, and fees incurred on appeals of such litigation. 5. 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. 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 7. 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. 8. 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. 9. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on a 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. FAPubhc Works\Rebecca\SITE PLANS\Developer's AgreementsMe Oaks-dev.doc