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of the temporary stormwater facility. The County shall be responsible for costs associated with design, permitting, and construction of the temporary facility. 8. Russell's obligation to design, permit, and construct the 11th Drive Project in accordance with Chapter 312 of the Indian River County Code of Ordinances is expressly contingent upon Russell's election to proceed with developing the Russell Property. In the event Russell orits assignee elect not to proceed with the development within six (b) months from the date of this Agreement, then the County may proceed to design, permit, and construct then lth Drive Project at its own cost and expense except Russell Project -Related Improvements. If the County proceeds with design, permitting, and construction of the 11 th Drive Project, the County will offer in writing to Russell the opportunity to participate in the design, permitting, and construction of Russell Project -Related Improvements. Notwithstanding the foregoing, Russell shall still timely dedicate the right -of- way as described herein in exchange for impact fee credits and density credits as described above. 9. The Parties acknowledge the County is negotiating to purchase the right-of-way necessary to extend 11th Drive from Russell's south property boundary south to 37th Street. If the County has not entered into a contract for the purchase of said right-of-way within 90 days of the date of this Agreement, then Russell or its successors .or assigns shall, include as part of the site plan. and right-of-way permitting process, a temporary connection to 12th Drive, to provide a southern access to the Russell Property development from 37th Street. When 116' Drive is completed in an alignment from 37th Street to 41St Street, this temporary access connection to 12th Drive will be closed by Russell or its successors. 10. Miscellaneous: A. In the event. of any litigation arising out of this Agreement, the prevailing party shall recover attorney's fees and costs from the non -prevailing party. B. 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. C. This Agreement may be assigned and shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. D. 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 parties hereto. This Agreement shall not be effective unless signed by Russell, Riverfront, and the County.