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G 40 F:%Public WorksWapilal Projects%KingsP$21agr-consracss%overbyrinal.con 13. COUNTY shall at COUNTY's sole cost and expense cause to be constructer) along the subject right-of-way a sidewalk that extends (lie full length of the right-of-way conveyed by DEVELOPER to COUNTY, as depicted on Exhibit "C' by no later than November 30, 2005. 14. The COUNTY shall construct a 12 inch connection to the force main under Kings Highway and extend the 12 inch diameter line west to (lie northwest comer of Kings Highway and 8'h Street, The line shall be extended immediately beyond the pavement and capped for future extension of the 8''' Street roaster plan line. Impact fees, line extension fees, connection fees and any outer costs associated with future service shall be DEVELOPER's responsibility. 15. The COUNTY shall construct an 8 inch connection to the water main under 8' street and 8 inch diameter service line under 8'h Street at the DEVELOPER's proposed entrance. The centerline of the DEVELOPER's proposed entrance is located 151 feet east of %lie northwest comer of the DEVELOPER's property. Line shall be extended to immediately beyond right-of-way for future connection. Impact fees, line extension fees, connection fees and any other costs associated with feature service shall be DEsVELOPEIVs responsibility, 16. DEVELOPER shall grant COUNTY a construction casement (Exhibit "G") For construction of improvements described in paragraphs 7,8,13,14, and 15. 17. Time is of the essence as to all matters pertaining to this Agreement. 18. 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. 19. No amendment, modification, change, or alteration of this Agreement shall be valid or binding; unless accomplished in writing; and execute([ by all of lite parties hereto. 20, This Agreement shall be binding upon and inure to the benefit of Clic parties hereto and their successors, and assigns. 21. 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. 22. This Agreement and all ratters arising hereunder shall be governed by and construed in accordance with %lee laws of the State of Florida. Venue hereunder shall lie in 4