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. b required by applicable codes , Said improvements are to be constructed within the I Iarbor Drive right- of- way and over property owned by Developer in conformance with the plans and specifications contained in County Right- of- Way Permit Number 2009050299 . 3 , The Developer shall be responsible for all construction coordination including advertisement for bids , contractor selection and construction inspection . 4 . Developer has completed construction of the Project and has obtained final inspection and approval from County staff. 5 . County shall remit payment to Developer in the sum of $ 14 , 321 . 93 within thirty days of , approval of this Agreement . 6 . Developer shall convey to County a perpetual access easement that will provide for public access to the parts of the sidewalk that lie on property owned by Developer . The Parties agree that the sidewalk was placed on those portions of Developer ' s golf course property in order to prevent the loss of trees during construction and to make the sidewalk more aesthetically pleasing . Developer shall retain the future right to relocate the sidewalk to a location nearer to and/or to within the existing County right -of- way if Developer deems it is in their best interests to move the sidewalk off of their property . Any relocation of the sidewalk would be done at Developer ' s sole expense and with the County ' s permission ; said permission shall not be unreasonably withheld . After relocation of the sidewalk , the County shall abandon any part of the easement no longer necessary for public access . 7 . The County shall be responsible for maintenance and repair of the sidewalk . 8 , hn the event of any litigation arising out of this Agreement , each party shall bear its own attorney fees and costs . 9 . 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 . 10 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors , and assigns . 11 . 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 . 12 . 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 . I' :�Attoniey\Bill\Developers Agreements\Moorings Sidewalk Developer Agreemenl , doc