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Residential development (the "Trail Property") . The Trail Property is described in the attached Exhibit "E" incorporated herein by reference. The DEVELOPER will retain a drainage outfall easement over the Trail Property to provide stonnwater drainage outfall to the slough located north of the Trail Property. 8 . The DEVELOPER shall include the planned trail right-of-way in any development plan that is submitted to the City of Sebastian . The COUNTY or its designee shall design, construct, landscape and maintain the trail and landscaping improvements within the Trail Property. 9 . Time is of the essence as to all matters pertaining to this Agreement. 10. In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 11 . 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 . 12 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 13 . 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 . 14 . 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. 15 . 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. 16 . 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. 17. COUNTY and DEVELOPER shall grant such further assurances 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. 18 . Failure to insist upon strict compliance with any of the terns, covenants, or conditions 4 J :\CENTURY\Sebastian\Indian Rive, County\Development AjT menl TC 030606.doc