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AVENUE. All of the above right-of-way parcels are sketched and described in Exhibit A attached and incorporated by reference herein. The COUNTY shall purchase the above right- of-way parcels from DEVELOPER for a total cost of $49,900. The right-of-way shall be conveyed to the COUNTY within thirty days of approval of this Agreement. If the County fails to approve this agreement within 45 days of execution by the DEVELOPER, then DEVELOPER shall have the right to terminate this agreement by giving written notice to the COUNTY. 3 . As a result of its development, DEVELOPER is required to treat 0. 38 Acre-Feet of stormwater runoff from the proposed buildings and fuel canopy areas . In consideration for right-of-way the COUNTY agrees to provide this treatment in the COUNTY' S proposed CR512 drainage pond D . A sketch of pond D is attached as exhibit `B" . The COUNTY further agrees to include the stormwater storage from the buildings and fuel island canopy in its St. Johns River Water Management District permit for the CR512 project . Upon completion of the construction of the pond, the COUNTY shall convey a perpetual non-exclusive easement for drainage to DEVELOPER. The COUNTY or its agent shall be responsible for maintenance on the pond. 4 . As a result of its project, the DEVELOPER is required to donate (without additional compensation) 12 ' of right-of-way along CR512 to accommodate a future right turn lane into the site . The turn lane right-of-way parcel is described in Exhibit A attached and incorporated by reference herein. The right-of-way shall be conveyed to the COUNTY within thirty days of approval of this Agreement. 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 lie in Indian River County, Florida. F:\Attorney\Bill\Developers Agreements\SS Rentals - Developers Agreement 4-07. doe SS4 t70 & Crossroads Piz of Seb