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DEVELOPER shall pay to the COUNTY the sum of$156,522 prior to issuance of a land <br /> development permit,as a contribution toward construction of the intersection <br /> improvements at SR 60/58`h Avenue and SR 60/43rd Avenue. <br /> 3. The COUNTY shall be responsible for all construction coordination including <br /> advertisement for bids, contractor selection and construction inspection. <br /> 4. In the event of any litigation arising out of this Agreement, each party shalt bear its own <br /> attorney fees and costs. <br /> 5. 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 /> 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br /> their successors, and assigns. <br /> 7. 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 /> 8. 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 /> 9. 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 /> 10. Whenever the singular number is used in this Agreement and when required by the <br /> context,the same shall include the plural; and the masculine, feminine, and neuter <br /> genders shall each include the others. <br /> 11. 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 /> 12. Failure to insist upon strict compliance with any of the terms, covenants, or conditions <br /> herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any <br /> waiver or relinquishment of any right or power hereunder at any one time or times be <br /> deemed a waiver or relinquishment of such right or power at any other time or times. <br /> 13. All words, terms, and conditions contained herein are to be read in concert, each with the <br /> CADocuments and SeningAalana.BRACKETT\Local Settings\Temporazy Intemet Files\OLKIE9\StoneybrookFarmDevAgreem.doc <br /> $meadsoft Reprint Date:Wednesday,My 20,2016-14:16:24•OfficialDocuments3619,Attachment Id 1,Page 2 <br />