2008-132 - Laserfiche WebLink

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3. The COUNTY shall be responsible for the construction of the State Road 60 and 58`' Avenue intersection improvements including advertisement for bids, contractor selection and construction inspection. In the event that the COUNTY does not commence with the intersection improvements set forth in paragraph 2, the COUNTY shall reimburse the amount paid by the DEVELOPER for such improvements in accordance with paragraph 2 on or before the earlier of ninety (90) days after the COUNTY has officially determined not to construct such improvements or, 5 years from the execution date of this agreement. Commencement of intersection improvements shall include right-of-way acquisition, utility relocation, as well as drainage and roadway improvements. 4. In the event of any litigations arising out of this Agreement, each party shall bear its own attorney fees and costs. 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. This Agreement shall be binding upon and inure to the benefits 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. 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. 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. 10. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. 11. COUNTY and DEVELOPER shall grant such further assistance and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement.