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This document prepared by and return to : 10/ 1 /03wcg(PWD)jwd Indian River County Public Works Department 1840 25 h Street Vero Beach, Fl. 32960 c) Construct and dedicate to the COUNTY additional stormwater treatment/storage capacity in the Hidden Lake stormwater lake to accommodate four-lane widening of 58th Avenue from 45th Street to the Hidden Lake north property line . The additional capacity will raise the site ' s peak stage approximately one inch, therefore requiring approximately 2, 500 cubic yards of additional fill, construction of an inlet and 60 L . F . of drainage pipe at a cost of about $ 14,250 . 00 DEVELOPER shall obtain all permits and make these improvements at no cost to the COUNTY. This work shall be completed by December 2005 . d) Prior to issuance of a Certificate of Completion of the Land Development permit for Phase One of Hidden Lake PD, DEVELOPER shall pay to COUNTY the sum of $30, 000 . 00 representing DEVELOPER' S share of a northbound left-turn lane along 58th Avenue to serve the Hidden Lakes PD access road. 3 . The COUNTY agrees to perform the following : a) COUNTY shall design, permit and construct a northbound left-turn lane on 58th Avenue into Hidden Lake ' s entrance way. The turn lane shall be constructed when the 45th Street/58th Avenue Capital Improvement project is built which is estimated to be 2006/2007 . (This Capital Improvement project will also add left-turn lanes to 58th Avenue off 45th Street . In no event shall the COUNTY take more than five years from the date of this agreement to complete said turn lane . 4 . In the event of any litigation arising out of this Agreement, both parties shall bear their own attorney fees and costs. 5 . 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 . 6 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns . 7 . 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 . 8 . 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 He in Indian River County, Florida. 9 . This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on 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 .