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construction, inspection, and related work) is estimated to cost $ 1 , 199, 197 . For design purposes three northbound and three southbound through lanes along 581' Avenue shall be included in the roadway design plans to accommodate future traffic needs . 3 . The COUNTY shall select and retain the project engineer following procedures contained within F. S . S . 287 . 055 "Consultants' Competitive Negotiation Act" (CCNA) . 4 . The developer will pay $280, 000 of the above cost as follows : a. By April 1 , 2004, the DEVELOPER shall pay the sum of $ 70,000 to COUNTY, as DEVELOPER ' S contribution to engineering design. b . The remainder, $210, 000 ($280, 000 less $ 70, 000 Engineering design cost) will be paid by the DEVELOPER to COUNTY prior to issuance of a Land Development Permit for the project . c . The contribution by the DEVELOPER shall not exceed $280, 000. 5 . The DEVELOPER will receive $ 140,000 in Traffic Impact Fee Credits for Woodfield at Vero Beach Planned Development in consideration of the advance partial funding of the SR60 and 58th Avenue improvements . The remaining $ 140,000 shall be a Developer contribution for these necessary intersection improvements, as agreed by COUNTY and DEVELOPER. 6 . The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection. 7 . In the event of any litigation arising out of this Agreement, both parties shall bear their own attorney fees and costs . 8 . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . 9 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 10 . 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 . 11 . This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. F:\TraMc\Dawn\BCC AGENDA ITEMS\Woodfield Developer Agreementdoc - 2 .