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3 . The COUNTY shall be responsible for the construction of the State Road 60 <br /> and 58`' Avenue intersection improvements including advertisement for bids, <br /> contractor selection and construction inspection. In the event that the <br /> COUNTY does not commence with the intersection improvements set forth in <br /> paragraph 2, the COUNTY shall reimburse the amount paid by the <br /> DEVELOPER for such improvements in accordance with paragraph 2 on or <br /> before the earlier of ninety (90 ) days after the COUNTY has officially <br /> determined not to construct such improvements or, 5 years from the execution <br /> date of this agreement. Commencement of intersection improvements shall <br /> include right-of-way acquisition, utility relocation, as well as drainage and <br /> roadway improvements. <br /> 4. In the event of any litigations arising out of this Agreement, each party shall <br /> bear its own attorney fees and costs. <br /> 5 . No amendment, modification, change or alteration of this Agreement shall be <br /> valid or binding unless accomplished in writing and executed by all of the <br /> parties hereto . <br /> 6 . This Agreement shall be binding upon and inure to the benefits of the parties <br /> hereto and their successors, and assigns. <br /> 7. This Agreement contains the entire agreement and understanding between the <br /> parties. No representation, statement, recital, undertaking, or promise not <br /> specifically set forth herein shall be binding on any party hereto. <br /> 8 . This Agreement and all matters arising hereunder shall be governed by and <br /> construed in accordance with the laws of the State of Florida. Venue <br /> hereunder shall lie in Indian River County, Florida. <br /> 9 . This Agreement shall be deemed prepared jointly by each of the parties hereto <br /> and shall be construed on parity as between the parties. There shall be no <br /> canon of construction for or against any party by reason of the physical <br /> preparation of this Agreement. <br /> 10 . Whenever the singular number is used in this Agreement and when required <br /> by the context, the same shall include the plural ; and the masculine, feminine, <br /> and neuter genders shall each include the others . <br /> 11 . COUNTY and DEVELOPER shall grant such further assistance and provide <br /> such additional documents as may be required by one another from time to <br /> time, and cooperate fully with one another in order to carry out the terms and <br /> conditions hereof and comply with the express intention of this Agreement. <br /> 2 <br />