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Street project frontage to provide a minimum 60' R/W without compensation. The COUNTY shall purchase any additional right-of-way required for 121 Street both east and west of 74"' Avenue from DEVELOPER at fair market value ($12,000 - $15,000/acre). 6. The intersections of 161 St./74th Avenue, SR60/74th Avenue, and 16' Street/Main 40 Project entrance, shall be monitored on a 2 -year interval beginning Jan. 1, 2001 until buildout of the project to determine the need for signalization. If signals are required, ® the DEVELOPER shall fund a portion of the costs related to project impact. 7. The DEVELOPER shall dedicate 30' of right-of-way along 81 Street along the ® project frontage without compensation. The COUNTY shall purchase any additional right-of-way required for 81 Street from DEVELOPER at fair market value.($12,000 - $15,000/acre) 8. Time is of the essence as to all matters pertaining to this Agreement. 9. In the event of 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. 10. 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. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns. 12. 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 party hereto. 13. 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. 14. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on a parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 15. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter Renders shall each include the others. 16. COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fijlly with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 17. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder 4