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ee • • 3. Use of Remainder of Property. Collins further agrees that any use of the property outside of the conservation easement in Exhibit "C" shall be limited to a single family residence with air conditioned space 2,000 square feet or less. 4. County Access. Collins agrees to provide the County with ingress and egress to the conservation easement area to determine Collins' compliance with the terms of the conservation easement and for County management if -deemed necessary. 5. Surveyors. Collins shall provide, at Collins' expense, a survey of the property showing the area comprising the entire conservation easement deeded to the County which shall be Exhibit "D". 6. Failure to Purchase: Termination of Escrow. Should Collins fail to purchase the property as required herein, this Agreement shall be void and shall be delivered to County from escrow. All County rights under its April 15, 1999 purchase option agreement shall revive and be fully re- instated. 7. Failure to Deliver Easement: Liquidated Damages. Should Collins purchase the property but fail to execute and deliver to the County a conservation easement as described in Exhibits "B" and "C", Collins shall pay the County $100,000 as liquidated damages. 8. Non -Waiver of County's Regulatory Powers. Nothing contained in the Agreement shall be construed as a waiver of or contract with respect to the regulatory, and perMittinn mithnrity of the Cminty as it now or hereafter exists under applicable laws, rules and regulations. 9. Time is of the Essence. Time is of the essence with respect to all matters set forth in this Agreement. 10. Governing Law/Attorney's Fees. This Agreement shall be construed and interpreted according to iaws or the state of Fiorida. in the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other reasonable trial and appellate attorney's fees and costs. 11. Construction of Agreement. This Agreement shall not be construed mores strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both County and Collins have contributed substantially and materially to the preparation hereof.