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12 . Indian River Farms Water Control District Ripaht-Of-Way : Indian <br /> River Farms Water Control District ("District") is in possession of right-of-way which <br /> traverses Waterway Village, and which is more particularly described on Composite <br /> Exhibit "D " attached hereto and made a part hereof ("District Right- of- Way") . The <br /> Developer and the District have entered into an agreement ("Agreement") which provides <br /> that the District shall convey title to the District Right- of- Way to the County, to be held <br /> in escrow , until the County can comply with the terms of this paragraph . The County <br /> hereby agrees to convey to the Developer, by County deed, if appropriate, or by <br /> abandonment to the Developer as the adjacent property owner, the District Right-of- Way, <br /> as part of the consideration of this Amended Agreement . The Developer shall be <br /> responsible for obtaining its own title insurance, and any costs associated with said <br /> conveyance, including surveys , documentary stamps, or recording fees . If the County is <br /> unable to convey title to the District Right-of- Way to the Developer by September 8 , <br /> 2006 , then the Developer shall have the option to direct the Escrow Agent under the <br /> Agreement, to return the deed for the District Right- of-Way back to the District and <br /> return to the Developer the Purchase Price held in escrow under the Agreement . The <br /> County ' s conveyance of the District Right-of-Way to the Developer shall be a release of <br /> any interest the County has in the District Right-of- Way. <br /> 13 . Attachment to Amended and Restated Development Order : Upon <br /> approval and execution by the Developer and the County, this Amended Agreement shall <br /> be attached as an exhibit to the Amended and Restated Development Order, in <br /> accordance with the terms of the Amended and Restated Development Order. <br /> 14 . Failure to Perform . If the Developer fails to perform its obligations as <br /> set forth in this Amended Agreement, the County shall give the Developer written notice <br /> of such failure and a sixty day opportunity to cure, provided that if such failure cannot <br /> reasonably be cured within such sixty day period and the Developer shall have <br /> commenced to cure such failure within such sixty day period and thereafter diligently and <br /> expeditiously proceeds to cure the same, such sixty day period shall be extended for so <br /> long as it shall reasonably require the Developer in the exercise of due diligence to cure <br /> such failure . Upon the failure of the Developer to timely cure its failure to perform its <br /> obligations in accordance herewith, then the County shall have the option of electing to <br /> seek specific performance of such obligations or to treat the vesting for traffic <br /> concurrency provided for in Subsection 3 . A . above as terminated . <br /> 15 . Miscellaneous : <br /> A . In the event of any litigation arising out of this Amended <br /> Agreement, the prevailing party shall recover attorneys ' fess and costs for the <br /> non-prevailing party. <br /> B . No amendment, modification, change, or alteration of this <br /> Amended Agreement shall be valid or binding unless accomplished in writing and <br /> executed by all of the parties hereto . <br /> RM : 7031940 :9 <br /> Page 10 of 14 <br />