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12 . Indian River Farms Water Control District Right- Of-Way Indian <br /> River Farins 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 thisends 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 /> 4-Fi713 . Attachment to Amended and Re.ctatP 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 Restate 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 rive the Developer written notic <br /> --- - Developer� + � notic <br /> of such failure and .a sixty day opportunity to cure provided that if such failure caimot <br /> reasonably be cured within such sixty day period as d the Developer shall have <br /> period 411 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 /> - -- - - --- - � - - � " ' -" � � + r. ... v diligence Lv Vu1 �.I <br /> such failure . Upon the failure of the Developer to timely cure its failure to perform it <br /> obligations in accordance-herewith ,_ _ then the County shall have the optic of electing to <br /> - - - - � + � option vi elect ng L�./ <br /> seek specific performance of such obligations or to treat the vesting for tra is <br /> concurrency provided for in Subsection 3 . A . above as terminated, <br /> �- .5 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 /> Amen ed Agreement shall be valid or binding unless accomplished in writing and <br /> executed by all of the parties hereto . <br /> RM : 73 75391 : 1 <br /> -I-9 <br /> Page 11 of -45j.6 <br />