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so <br />40 <br />40 <br />9. If the USFWS denies the County's application for the above-described section 10 <br />permit and all appeals have been exhausted, then this entire agreement will be void <br />and the Department will pursue litigation against the Summerplace Petitioners and the <br />Gerstner Petitioners. <br />10, The Department will contribute funding to the County that will only be used to <br />develop the HCP and to obtain the above-described section 10 permit from the <br />USFWS. The Department will contribute to the County up to 75% of the cost of the <br />HCP, not to exceed $106,400. Funds will be provided through an amendment to DEP <br />Contract No. 981R1 upon receipt of an acceptable scope of work and a firm cost <br />estimate from the subcontractor selected to develop the plan. Future monitoring costs <br />will be eligible for cost sharing by the Department's Bureau of Beaches and Coastal <br />Systems in association with State -funded beach restoration projects. Monitoring <br />outside of the HCP project areas will not be eligible for cost sharing by the Bureau. <br />If the Department fails to contribute the amount of funding to which the Departmenthas <br />agreed in this paragraph, then the County may declare this agreement void by sending <br />a written letter expressly so stating to all signatories of this agreement. <br />11. The Department will forego pursuing any enforcement action against the <br />Summerplace Petitioners and the Gerstner Petitioners while this agreement remains in <br />effect. <br />12, The Department and the Summerplace Petitioners will forego litigating DOAH <br />Case Number 98-3501 while this agreement remains in effect. The Department and the <br />Gerstner Petitioners will forego litigating DOAH Case Number 97-4262 and FLAWAC <br />Case Number DEP RFR 97-008 while this agreement remains in effect. <br />