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This document prepared by and return to : 2/ 19/03 Developer's Agreement Indian River County GHO VERO BEACH VIII, INC. CORP . Public Works Department 1840 25 `h Street Vero Beach, Fl. 32960 main entrance to the Trillium project. Except for the aforementioned turn lane, and the paving and drainage improvements to 33rd Street, the COUNTY shall not require DEVELOPER to construct or share in the costs of any off-site road improvements as a condition to receiving the necessary permits , post construction, Final Plat approval or project Certificate of Completion. 7 . Time is of the essence as to all matters pertaining to this Agreement. 8 . In the event of any litigation arising out of this Agreement, both parties shall bear their own attorney fees and costs . 9 . 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 . 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. 12 , This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on a parity as between the parties . There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement . 13 . Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural ; and the masculine, feminine, and neuter genders shall each include the others . 14 . COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement . 15 . Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms , covenants , or conditions , nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times . F:\Public Works\Rebecca\SITE PLANS\Developer's Agreements\GHO-Trillium Developers Agreement.doc )y