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f Page 2 of 4 1 ) The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2) The DEVELOPER shall convey by final plat recordation the purchase of the 18-foot wide strip of property along 82°d Avenue from 16s' Street to North line of Tract 13 , Section 1 , Township 33 S, Range 38E, Indian River County, Florida. The purchase price for this property shall be $ 19,758 .82 and paid to the DEVELOPER at the time of final plat recordation. 3 ) Improvements along SR 60 (20s' Street) which include construction of dual left-turn lanes (both east and west approach) at 58s' Avenue are needed. In addition, right turn lanes are needed at both the north and south approach along 58 h Avenue at SR 60. The project (survey, engineering, permitting, utility pole relocation, right-of-way acquisition, construction, inspection, and related work) is estimated to cost $ 1 , 199, 197 . For design purposes three northbound and three southbound through lanes along 58's Avenue shall be included in the roadway design plans to accommodate future traffic needs . 4) For intersection improvements at the S .R. 60/58` Avenue intersection, the COUNTY shall select and retain the project engineer following procedures contained within F.S . S. 287 .055 "Consultants' Competitive Negotiation Act" (CCNA). 5 ) The developer will pay $90,000 of the above cost as follows : a) Within thirty (30) days of the execution of this Agreement, the DEVELOPER shall pay the sum of $22,500 to COUNTY, as DEVELOPER' S contribution to engineering design . b) The remainder, $67 ,500 ($90,000 less $22,500 Engineering design cost) will be paid by the DEVELOPER to COUNTY prior to issuance of a Land Development permit. c) The contribution by the DEVELOPER shall not exceed $90,000. 6) The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection. 7) In the event of any litigation arising out ofthis Agreement, both parties shall bear their own attorney fees and costs . 8) 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. 9) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 10) 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. 11 ) 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. 12) 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. 13) 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. 14) 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