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do 4111 0 3. The Developer shall design and obtain permits for the drainage improvements of the U5 1 roadway improvements. The County shall pay the cost of the US 1 drainage improvements. The cost of those improvements is $44,182.00. 4. The cost of engineering design services if $7,736.62. The County shall pay $5,000.00 of the cost and the Developer shall pay the remainder, $2,236.62. 5. Time is of the essence as to all matters pertaining to this Agreement. 6. 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 ineurred on appeals of such litigation. 7. 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. 8. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns. 9. 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. 10. This Agreement and all matters arising hereunder shall be governed by and construed in accordance wid) the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 11, 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. 12. 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 genders shall each include [lie others. B. 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 fully with one another in order to carry out the terms and conditions hercof and comply with the express intention of this Agreement. 14. Failure to insist upon strict compliance with any of the teens, ct vettants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any onf- time or times b:., ricem :d it waiver or rchtiquishment of such right or power at any other time or times.