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(IuChurd6hx% r)hh(P1AS)TnT • 5. The COUNTY will pay 20% of the monthly pond maintenance cost. The CHURCH shall submit copy of maintenance bills to County for reimbursement. - 6. The COUNTY shall pay the CH URCH for right-of-way and drainage improvements as follows: H. .61 acres of right-of-way $ 12,200.00 (legal description attached as Exhibit "B") b. Value of one acre of land $ 20,000.00 C. Cost of construction for one acre retention racllity $ 58,250,00 d. Cost of outfall to sublateral ditch on IP Street $ 5,000.00 e. Premium for connecting to pond at north and south end of 1200 foot Frontage saving County pipe costs $ _5 000.00 TOTAL $100,450.00 7. The COUNTY shall pay the CHURCH the said $100,450.00 as described in paragraph fa as follows: $12,200.00 upon the conveyance by the CHURCH to the COUNTY of the right-of-way, $20,000,00 upon issuance of a building permit, partial payments up to a maximum of $58,250.00 during pond excavation and $10,000.00 after As -Built Certification of the retention ponds to the 5t. Johns River Water Management District, 8. COUNTY shall at COUNTY's sole cost and expense cause the subject riglit-of-way to be cleared of all trees, shrubs, and underbrush by no later than N u=mber 30 2000. If requested by the COUNTY the CHURCH shall at COUNTY's expense cause subject right-of-way to be cleared of all trees, shrubs and underbrush at a cost mutually agreeable. 9. COUNTY shall at COUNTY's sole cost and expense cause to be constructed along the subject right-of-way (at a location consistent with existing sidewalk, if any, on adjacent property or at a location mutually acceptable to COUNTY and CHURCH) a sidewalk that extends the full length of the right-of-way conveyed by CHURCH to COUNTY, as depicted on Exhibit "13", by no later than November 30 2002 . la Time is of the essence as to all matters pertaining to this Agreement. 11. In the event or any litigation arising out of this Agreement, the prevailing party shall be entitled to reimbursement of the costs and expenses thereof from the non - prevailing party or parties, including reasonable attorneys' fees and including such costs, expenses, and fees incurred on appeals of such litigation. 12. 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. 13. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns. 14. 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 minding on any party hereto. 15. 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 County, Florida.