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decide to utilize the option in Paragraph 5 below in the future . This work will coincide <br /> with the Old Dixie Highway/South Relief Canal Bridge Replacement and related <br /> Roadway Improvement Project, when and if actually constructed . COUNTY shall be <br /> responsible for maintenance of its pond in perpetuity. <br /> 5 . Should TABERNACLE decide to develop the Remainder parcel and wishes to <br /> join to and expand said pond for stormwater capacity, TABERNACLE shall be <br /> responsible for constructing TABERNACLE ' S portion of the retention pond, based upon <br /> TABERNACLE ' S runoff needs . Should TABERNACLE exercise this option, <br /> TABERNACLE shall be responsible for maintenance of the extended pond in perpetuity <br /> and TABERNACLE shall re-purchase from COUNTY, the strip of land (maintenance <br /> area) between the west side of the pond (water' s edge, or top of bank) and <br /> TABERNACLE ' S property line (approximately 24 feet x 186 . 5 feet) . The Purchase <br /> Price shall be the (then) current market value of the said land. For said payment, <br /> COUNTY shall convey by deed the entire pond site in exchange for TABERNACLE <br /> taking over the maintenance. Maintenance shall include the entire pond, including both, <br /> TABERNACLE' S portion, COUNTY' S portion, and any future expansion of <br /> COUNTY' S portion. COUNTY shall be granted a permanent non-exclusive easement <br /> for the perpetual use of the pond, and COUNTY shall reserve the right to expand the <br /> pond to the east for future further widening of Old Dixie Highway. If necessary, <br /> TABERNACLE shall also pay COUNTY the (then) current cost difference between the <br /> standard size and oversized pipe. <br /> 6 .Time is of the essence as to all matters pertaining to this Agreement. <br /> 7.In the event of any litigation arising out of this Agreement, the prevailing party <br /> shall be entitled to reimbursement of the costs and expenses thereof from the non- <br /> prevailing party or parties, including reasonable attorneys ' fees and including such costs, <br /> expenses, and fees incurred on appeals of such litigation . <br /> 8 .No amendment, modification, change, or alteration of this Agreement shall be <br /> valid or 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 <br /> hereto and their personal representatives, heirs, successors, and assigns and shall survive <br /> the issuance of deeds pursuant to paragraphs two and seven hereof. <br /> IO. This Agreement contains the entire agreement and understanding between the <br /> parties. No representation, statement, recital , undertaking, or promise not specifically set <br /> forth herein shall be binding on any party hereto . <br /> I I . This Agreement and all matters arising hereunder shall be governed by and <br /> construed in accordance with the laws of the State of Florida. Venue hereunder shall lie <br /> in Indian River County, Florida. <br /> 12 . This Agreement shall be deemed prepared jointly by each of the parties hereto <br /> and shall be construed on a parity as between the parties. There shall be no canon of <br /> construction for or against any party by reason of the physical preparation of this <br /> Agreement. <br /> 13 . Whenever the singular number is used in this Agreement and -vvhen required by <br /> the context, the same shall include the plural , and masculine, feminine, and neuter <br /> genders shall each include the others . <br /> 14. COUNTY and TABERNACLE shall grant such further assurances and provide <br /> such additional documents as may be required by one another from time to time, and <br /> FAPublic Works\Capital ProjectslDevelopers Agreements\TabemacleBaptistChurchl0- 12-06.doc 2 <br />