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65` Street and 58 Avenue $673,638 3.18 % $ 21,422 <br />TOTAL= $ 389.940 <br />Given the percentage of impact to the intersections by the development, the <br />DEVELOPER shall pay to the COUNTY the sum of $389,940 representing fair share <br />contributions toward the cost of future improvements at all four intersections. The <br />nFVE,r_nnEP shall pay he dvcl qAn. .i) !+(1f�iT[7_ r <br />suLii G. 0. 0 - U W Ll e �.V \ 1 1 pr1or to Issuance of the <br />first certificate of occupancy for any portion of the development. No impact fee credits <br />will be allowed as a result of this contribution. <br />In the event of any litigation arising out of this Agreement, the prevailing party shall pay <br />attorney fees and costs. <br />8. 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 />9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br />their successors, and assigns. <br />10. This Agreement contains the entire agreement and understanding between the parties. No <br />representation, statement, recital, undertaking, or promise not specifically set forth herein <br />shall be binding on any party hereto. <br />11. This Agreement and all matters arising hereunder shall be governed by and construed in <br />accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian <br />River County, Florida. <br />12. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall <br />be construed on parity as between the parties. There shall be no canon of construction for <br />or against any party by reason of the physical preparation of this Agreement. <br />13. Whenever the singular number is used in this Agreement and when required by the <br />context, the same shall include the plural; and the masculine, feminine, and neuter <br />genders shall each include the others. <br />14. COUNTY and DEVELOPER shall grant such further assurances and provide such <br />additional documents as may be required by one another from time to time, and cooperate <br />fully with one another in order to carry out the terms and conditions hereof and comply <br />with the express intention of this Agreement. <br />15. Failure to insist upon strict compliance with any of the terms, covenants, or conditions <br />