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1. The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. In order to accommodate traffic into the Indian River Medical Center site, DEVELOPER would be required to install a right -turn lane on 37th Street with signal modifications at the 10th Court entrance to the Indian River Medical Center site. The COUNTY recently decided to expand 37th Street from three (3) lanes to five (5) lanes along DEVELOPER'S northern property boundary so any traffic improvements made by DEVELOPER would be used for a short time and then destroyed in the expansion of 37th Street. Instead of the DEVELOPER constructing the site related right -turn lane and signal modifications within the 37th Street right-of-way as a stand alone project, the DEVELOPER shall pay to the COUNTY the sum of $104,902.80 prior to "Site Plan Release" for the Cancer Center Expansion project as a contribution for construction of the right -turn lane at entrances along a portion of 37th Street and share of mast arm signalization upgrades based on the cost estimate attached as Exhibit "C" prepared by Masteller & Moler, Inc. Upon the payment of the sum specified above, any condition of the site plan relating to the completion of the site related right -turn lane and signal modification shall be deemed to be satisfied. 3. The COUNTY shall be responsible for the cost of all such construction and for all construction coordination including advertisement for bids, contractor selection and construction inspection. 4. No additional right-of-way is required for these improvements. 5. In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 6. 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. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 8. 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. 9. 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 2