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4 . The Developer shall remit payment to the County in the sum of Twenty five thousand dollars <br /> ($25 , 000) within thirty days of approval of this Agreement . If the Developer fails to make <br /> payment to the County within thirty days of Agreement approval , this Agreement shall <br /> become null and void . <br /> 5 . Should the County fail to commence construction of the improvements by December 1 , <br /> 2010 , Developer shall have the right to terminate this agreement and receive a refund of any <br /> money paid to the County . Construction commencement shall be defined as one or more of <br /> the following activities : utility relocation, excavation and/or preparation of the road surface, <br /> or application of asphalt millings . <br /> 6 . The County offers no guarantee and provides no warranty on the performance of asphalt <br /> millings . <br /> 7 . The County shall continue to be responsible for maintenance and repair of the improved <br /> section of 53rd Street . <br /> 8 . In the event of any litigation arising out of this Agreement, each party shall bear its own <br /> attorney fees and costs . <br /> 9 . No amendment, modification, change , or alteration of this Agreement shall be valid or <br /> binding unless accomplished in writing and executed by all of the parties hereto . <br /> 10 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br /> their successors , and assigns . <br /> 11 . This Agreement contains the entire agreement and understanding between the parties . No <br /> representation, statement, recital , undertaking, or promise not specifically set forth herein <br /> shall be binding on any party hereto . <br /> 12 . This Agreement and all matters arising hereunder shall be governed by and construed in <br /> accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian <br /> River County, Florida. <br /> 13 . This Agreement shall be deemed prepared jointly by each of the parties hereto and shall <br /> be construed on parity as between the parties . There shall be no canon of construction for <br /> or against any party by reason of the physical preparation of this Agreement. <br /> 14 . COUNTY and DEVELOPER shall grant such further assurances and provide such <br /> additional documents as may be required by one another from time to time , and cooperate <br /> fully with one another in order to carry out the terms and conditions hereof and comply <br /> with the express intention of this Agreement . <br /> CADocuments and Settings\gguidroz\Local Settings\Temporary Internet F1les\Content. 0utlook\5H3N4RL0\53 St west of 66Av millings Developer <br /> Agreement. doc <br />