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the SRID right-of-way, but is necessary for discharge of the stormwater facility <br />to be constructed on Parcel D1 and D2. <br />7. Parcel B: Developer proposes to develop Parcel B, as depicted on Exhibit A <br />hereto, in a subsequent phase of development of Liberty Park PDTND. Parcel <br />B shall have its own drainage system; provided however, County agrees that <br />the drainage system for Parcel B shall be permitted to outfall to the 66th Avenue <br />stormwater management conveyance system, which will then drain into the <br />Ryall Stormwater Park Tract <br />8. Phase lA Plat Dedications: By final plat of Phase IA of the Liberty Park <br />PDTND, Developer shall dedicate to the County, without cost to the County the <br />following: <br />i. 81St Street, adjacent to the project. <br />ii. 70th Avenue from 81' Street to Sebastian River <br />Improvement District R- 13E drainage ditch. <br />9. Right -of -Way Dedications for 66th Avenue: Within 60 -days from the date of <br />this Agreement, the Developer agrees, at no cost to the County, to dedicate all <br />right-of-way for 66th Avenue between 81St Street and County Road 510, and all <br />right-of-way on 81st Street east of 661h Avenue as depicted in Exhibit `B". <br />10. Developer will design, permit, and excavate an extension of the Sebastian River <br />Drainage District D13E drainage ditch from 69th Avenue eastward for a <br />distance of 1,300 feet, more or less ("SR DD Ditch D13E Work"). If the <br />Developer has not begun the SRDD Ditch D13E work at the time the County <br />60h Avenue roadway widening project between 69th and 85th Street begins <br />construction, the Developer authorizes the County to design, permit, and/or <br />excavate the necessary improvement. Developer and county shall each be <br />responsible for 1/2 of all costs associated with SR DD Ditch D13E Work. <br />11. Miscellaneous Provisions: <br />A. In the event of any litigation arising out of this Agreement, the <br />prevailing party shall recover attorney's fees and costs from the non -prevailing <br />party- <br />B. <br />ly <br />B. This Agreement and all matters arising hereunder shall be governed <br />by and construed in accordance with the laws of the State of Florida. Venue <br />hereunder shall lie in Indian River County, Florida. <br />C. The obligations of the Developer to this Agreement are expressly <br />conditioned upon the Developer's decision, at the Developer's sole discretion, <br />to proceed with development of the Liberty Park PTDND. <br />C! <br />