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DEVELOPER shall be allowed to remove the fence if so desired. DEVELOPER shall be responsible for constructing DEVELOPER'S portion of the retention pond, based upon their stormwater needs. 7. Should the DEVELOPER excercise the option stated in No. 6 (a), the COUNTY shall cause the ownership of land described in Exhibit "B" to be re -conveyed to the DEVELOPER by quit -claim deed, without compensation due. In this case, the COUNTY shall retain the right to discharge its stormwater nmoff into said pond through a permanent drainage easement that DEVELOPER hereby agrees to execute at the time of re -conveyance of Exhibit "B" lands to DEVELOPER. From the lime of reconveyance to the DEVELOPER, maintenance of the pond will be by DEVELOPER or subsequent owners. 8. The COUNTY shall constnsct two full median openings during King's Highway construction. One shall be located approximately 860 feet south of the northernmost property line and one shall be located approximately 860 feet north of the southemniost property line (see Exhibits "C-1" and "C-2"). Each median opening shall allow for both lcfl turn and right tum ingress and egress to/from the property for use by DEVELOPER or Owner when the property is developed. The DEVELOPER shall have the right, at its sole expense, to relocate either or both of the median openings, subject only to the restrictions of the Land Development Regulations of Indian River County, Florida. 9. Time is of the essence as to all matters pertaining to this Agreement. 10, In the event of any litigation arising out of this Agreement, the prevailing patty shall be entitled to reimbursement of the costs and expenses thereof from the non -prevailing patty or parties, including reasonable attorneys' fees and including such costs. expenses, and fees incurred on appeals of such litigation. 11. 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. 12. This Agreement shall be binding upon and inure to the benefit ofthe parties hereto and their personal represcmatives, heirs, successors, and assigns and shall survive the issuance of deeds pursuant to paragraphs two and seven hereof. 13. 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. 14. This Agreement and all matters arising hereunder shall be god erred by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie. in Indian River County, Florida. 15. 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. 16. 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 the others. 17. 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 tams and conditions hereof and comply with the express intention of this Agreement. r\� R k, rI