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16. A description of all local development permits approved, or needed to be approved for the Development of the land is attached hereto as Exhibit "E". Until such time the Land Development Permit and Right of Way permits are released for the project, the Board of County Commissioners has the authority to provide code changes from time to time that may modify permit requirements. The site is also located within a Special Flood Hazard Area as designated by the Flood Insurance Rate Maps. Because Indian River County participates in the Community Rating System through the Federal Emergency Management Agency, it is the Developer's responsibility to stay abreast of any required Finished Floor Elevation freeboard changes to the Indian River County code and the Florida State Building Code. 17. Impact Fees & Credits: A. Only those contributions by the Developer that are NOT public benefits that were given in exchange for approval of the Planned Development Application by the Planning and Zoning Commission and the Board of County Commissioners shall be given impact fee credits at the rates currently in effect at the time of execution of this document, and consistent with the requirement for credit to be applied on a dollar -for -dollar basis at fair market value pursuant to Florida Statute Section 163.31801(5)(x). 18. Miscellaneous Provisions: A. In the event of any litigation arising out of this Agreement should occur, the prevailing party shall recover attorney's fees and costs from the non -prevailing party. B. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all the parties hereto or their successors in interest as denoted pursuant to Florida Statute. C. The County shall perform a periodic review of the Agreement every 12 months consistent with Florid Statute § 163.3235, and may revoke or modify the Agreement should it be found based on substantial competent evidence, that there has been a failure to comply with the terms of the Agreement. D. The term of this Agreement shall be seven (7) years. Unless otherwise agreed upon by the parties in writing, this Agreement shall not be renewed automatically for successive terms. E. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. F. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not 4856-8263-0075, v. 6