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DEVELOPER; and <br />WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through <br />a joint effort that will share the cost of the proposed 37th Street improvements. <br />NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants <br />and premises hereinafter, the COUNTY and DEVELOPER agree as follows: <br />1. The above recitals are affirmed as being true and correct and are thereby incorporated <br />herein. <br />2. Instead of the DEVELOPER constructing the site related right -turn lane(s) within the <br />37th Street right-of-way as a stand alone project, the DEVELOPER shall pay to the COUNTY the <br />sum of $ 42,402.80 prior to "Site Plan Release" for the Health & Wellness Center project as its <br />contribution for construction of the right turn lane at the 37th Street / 11`x' Drive entrance based on the <br />cost estimate attached as Exhibit "C" prepared by Masteller & Moler, Inc. Upon the payment of the <br />sum specified above, any condition of the site plan relating to the completion of the site related right - <br />turn lane and signal modification shall be deemed to be satisfied. <br />3. The COUNTY shall be responsible for the cost of all such construction and for all <br />construction coordination including advertisement for bids, contractor selection and construction <br />inspection. <br />4. No additional right-of-way is required for these improvements. <br />5. In the event of any litigation arising out of this Agreement, each party shall bear its <br />own attorney fees and costs. <br />6. No amendment, modification, change, or alteration of this Agreement shall be valid or <br />binding unless accomplished in writing and executed by all of the parties hereto. <br />7. This Agreement shall be binding upon and inure to the benefit of the parties hereto <br />and their successors, and assigns. <br />8. This Agreement contains the entire agreement and understanding between the parties. <br />No representation, statement, recital, undertaking, or promise not specifically set forth herein shall <br />be binding on any party hereto. <br />9. This Agreement and all matters arising hereunder shall be governed by and construed <br />in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River <br />County, Florida. <br />2 <br />