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v b` Shopping Center in the future . If the COUNTY required the Shopping Center Owner to construct the turn lane to access the Shopping Center at this time , the turn lane would be removed during the construction of improvements to CR- 510 . Rather than have the Shopping Center Owner construct an improvement that will be soon be removed , the COUNTY agrees to plan , design and construct a southbound directional left turn lane from CR- 510 into the Shopping Center via Stoney Point Drive . Said improvement is to be constructed with the CR- 510 Roadway Improvements , County Project No . 0547 . In exchange for the COUNTY designing the improvement, PUBLIX agrees to pay the sum of Twenty-Three Thousand Six Hundred Fifty-Four Dollars ($23 ,654 . 00) (the "Design Fee") to the COUNTY for the cost of designing the turn lane . All costs for construction of the turn lane , and any other costs associated with County Project No . 0547 , including, without limitation, additional design costs which exceed the Design Fee , shall be borne by the COUNTY . PUBLIX shall pay the Design Fee to the COUNTY within sixty (60) days after notice to proceed has been issued by the COUNTY on revising the current design to incorporate the directional left turn lane . 3 . The COUNTY shall be responsible for all construction coordination including advertisement for bids , contractor selection and construction inspection. 4 . In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs . 5 . 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 . 6 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors , and assigns . 7 . 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 . 8 . 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. 9 , 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. 2