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a 3. The County is responsible for all design, permitting, construction and inspection. 4. Corrigan shall remit payment to the County in the sum of twenty thousand dollars ($20,000) within ten days of approval of this Agreement. If Corrigan fails to make payment to the County within ten days of Agreement approval,this Agreement shall become null and void. 5. Should the County fail to commence construction of the improvements within six(6) months of approval of Agreement by the Board of County Commissioners, Corrigan shall have the right to terminate this agreement and receive a refund of any money i paid to the County. Construction commencement shall be defined as one or more of the following activities: survey staking, utility relocation, excavation or preparation of the road surface or right-of-way, or application of asphalt millings. i 6. The County offers no guarantee and provides no warranty on the performance or durability of asphalt millings. The County will not add this asphalt millings portion of 45th Street into the County paved road monitoring and maintenance program. Corrigan has agreed to be a party to this Agreement solely as an accommodation to multiple landowners who will be collectively benefitted by the project. 7. The County shall continue to be responsible for maintenance and repair of the improved section of 45th Street. Corrigan undertakes no personal duty or responsibility to maintain the section of 45th Street improved by the project. , 8. In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 9. No amendment, modification, 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. 13. 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 2