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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/ 11th 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 /> 2 114 <br />