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FDOT/Indian River County Roadway Transfer Agreement Wabasso Causeway Page 2 of 3 Million Ninety-two Thousand Dollars), for roadway improvements. The payments shall be made as follows: ■ The first payment of$1,546,000 will be paid to the DEPARTMENT in FY 06/07 after the signing of this agreement and upon the receipt of written request from the DEPARTMENT ■ The second and final payment of$1,546,000 will be paid to the DEPARTMENT in FY 07/08 after the signing of this agreement and upon the receipt of written request from the DEPARTMENT All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written,between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. For communication purposes,the parties may be reached at the following addresses and phone numbers. Florida Department of Transportation Indian River County Gustavo Schmidt, P.E. Jim Davis,P.E. Dist. 4 Planning&Environmental Engineer Public Works Director 3400 West Commercial Blvd. 1840 25'11 Street Fort Lauderdale,Florida 33309-3421 Vero Beach, Florida 32960-3365 Telephone: (954) 777-4601, SunCom 436-4601 Telephone(772) 567-8000 Fax: (954) 777-4671, SunCom 436-4671 Fax(772) 778-9391 Email: gustavo.schmidt@dot.state.fl.us Email:jimdavis@ircogov.com Each party is an independent contractor and is not an agent of the other party. Nothing contained in this Agreement shall be construed to create any fiduciary relationship between the parties, during or after the performance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of the Agreement.