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B. No amendment, modification, change, or alteration of this Agreement <br /> shall be valid or binding unless accomplished in writing and executed by <br /> all of the parties hereto. <br /> C. This Agreement shall be binding upon and inure to the benefit of the <br /> parties hereto and their successors, and assigns. <br /> D. This Agreement contains the entire agreement and understanding between <br /> the parties. No representation, statement, recital, undertaking, or promise <br /> not specifically set forth herein shall be binding on any parties hereto. This <br /> Agreement shall not be effective unless signed by the Developer and the <br /> County. <br /> E. The obligations of the Developer to this Agreement are expressly <br /> conditioned upon the Developer's decision, at the Developer's sole <br /> discretion, to proceed with the development of Providence Pointe. <br /> F. No Building Permit, Certificate of Completion, or Certificate of <br /> Occupancy shall be withheld or delayed by the County for Providence <br /> Pointe or any portion thereof, nor shall the County delay or withhold any <br /> other required permits, provided that the Developer is in compliance with <br /> this Agreement, all applicable laws and regulations. <br /> G. Except as described herein, and in the plans submitted by the Developer <br /> and approved by the County, the County shall not require the Developer to <br /> construct, contribute to, or share in the costs of any off-site traffic <br /> improvements other than the payment of traffic impact fees. <br /> H. This Agreement and all matters arising hereunder shall be governed by <br /> and construed in accordance with the laws of the State of Florida. Venue <br /> hereunder shall lie in Indian River County, Florida. Time shall be of the <br /> essence. <br /> I. This Agreement shall be deemed prepared jointly by each of the parties <br /> hereto and shall be construed on parity as between the parties. There shall <br /> be no canon of construction for or against any party by reason of the <br /> physical preparation of this Agreement. <br /> J. Whenever the singular number is used in this Agreement and when <br /> required by the context, the same shall include the plural; and the <br /> masculine, feminine, and neuter genders shall each include the others. <br /> K. The County and the Developer shall grant such further assurances and <br /> provide such additional documents as may be reasonably required by one <br /> jAbruce\clients\providence pointe-barile\developer's agreement clean 10.28.14 docx <br /> 6 <br />