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a <br />(8) 17th Street Southwest Stormwater Management: Developer agrees to <br />accommodate stormwater management for pavement and improvements along Developer's 17th <br />Street Southwest frontage. <br />(9) Miscellaneous: Time is of the essence of this Agreement. This Agreement is made <br />in the State of Florida and shall be governed by Florida law. This is the entire Agreement between <br />the parties and may not be modified or amended except by a written document signed by the party <br />against whom enforcement is sought. This Agreement may be signed in more than one counterpart; <br />in which case each counterpart shall constitute an original of this Agreement. Paragraph headings <br />are for convenience only and are not intended to expand or restrict the scope or substance of the <br />provisions of this Agreement. Wherever used herein, the singular shall include the plural, the plural <br />shall include the singular, and pronouns shall be read as masculine, feminine, or neuter as the context <br />requires. The prevailing party in any litigation, arbitration, mediation, or appeal relating to this <br />Agreement shall be entitled to recover its reasonable attorneys' fees from the other party for all <br />matters. Indian River County, Florida, shall be the proper venue for any litigation involving this <br />Agreement. This Agreement shall bind and inure to the benefit of the parties and their respective <br />successors and assigns. Developer may assign Developer's rights and obligations under this <br />Agreement to a lender and to an affiliated or associated legal entity in conjunction with development <br />of the project contemplated herein. The obligations of both parties to this Agreement are expressly <br />conditioned upon the Developer's decision, at Developer's sole discretion, to proceed with <br />development of The Colony. <br />IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year <br />first above written. <br />Signed, sealed and delivered ELM DEVELOPMEN ERVICES, LLC <br />in the presence of: By E vel SQ vices, Inc., Its Manager <br />By: <br />Name: I I <br />Title: President <br />JAAgAdeve1oper-e1m-irc4.wpd 1/18/01 - 4 - <br />INDIAN RIVER COUNTY <br />By: - ,-u , <br />Name: Caroline D. Gi <br />Title: Charman <br />BCC Approved: January 23, 2001 <br />