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FDOT/Indian River County <br /> Roadway Transfer Agreement <br /> Wabasso Causeway <br /> Page 2 of 3 <br /> Million Ninety-two Thousand Dollars) , for roadway improvements . The payments shall be <br /> made as follows : <br /> ■ The first payment of $ 1 , 546 , 000 will be paid to the DEPARTMENT in FY 6/07 after the <br /> signing of this agreement and upon the receipt of written request from the DEPARTMENT <br /> ■ The second and final payment of $ 1 , 546, 000 will be paid to the DEPARTMENT in FY 07/08 <br /> after the signing of this agreement and upon the receipt of written request from the <br /> DEPARTMENT <br /> All words used herein in the singular form shall extend to and include the plural . All words used in the plural <br /> form shall extend to and include the singular. All words used in any gender shall extend to and include all <br /> genders . <br /> This Agreement embodies the whole agreement of the parties . There are no promises , terms, conditions or <br /> obligations other than those contained herein, and this Agreement shall supersede all previous communication, <br /> representation, or agreements, either verbal or written, between the parties hereto . <br /> This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. <br /> For communication purposes, the parties may be reached at the following addresses and phone numbers . <br /> Florida Department of Transportation Indian River County <br /> Gustavo Schmidt, P . E . Jim Davis, P . E . <br /> Dist. 4 Planning & Environmental Engineer Public Works Director <br /> 3400 West Commercial Blvd . 1840 25 `h Street <br /> Fort Lauderdale, Florida 33309-3421 Vero Beach, Florida 32960 -3365 <br /> Telephone : (954) 777 -4601 , SunCom 436-4601 Telephone (772) 567 - 8000 <br /> Fax : (954) 777-4671 , SunCom 436-4671 Fax (772) 778 -9391 <br /> Email : gustavo . schmidt@dot. state. fl . us Email : jimdavis@ircogov . com <br /> Each party is an independent contractor and is not an agent of the other party. Nothing contained in this <br /> Agreement shall be construed to create any fiduciary relationship between the parties, during or after the <br /> performance of this Agreement . Neither party shall have the authority to bind the other party to any obligation <br /> whatsoever to any third party without the express specific written consent of the other. <br /> No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless <br /> contained in a written document executed with the same formality and of equal dignity here ith . <br /> If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent <br /> jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the <br /> remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus <br /> invalidated or declared unenforceable is not material to the intended operation of the Agreement . <br />