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decide to utilize the option in Paragraph 5 below in the future . This work will coincide with the Old Dixie Highway/South Relief Canal Bridge Replacement and related Roadway Improvement Project, when and if actually constructed . COUNTY shall be responsible for maintenance of its pond in perpetuity. 5 . Should TABERNACLE decide to develop the Remainder parcel and wishes to join to and expand said pond for stormwater capacity, TABERNACLE shall be responsible for constructing TABERNACLE ' S portion of the retention pond, based upon TABERNACLE ' S runoff needs . Should TABERNACLE exercise this option, TABERNACLE shall be responsible for maintenance of the extended pond in perpetuity and TABERNACLE shall re-purchase from COUNTY, the strip of land (maintenance area) between the west side of the pond (water' s edge, or top of bank) and TABERNACLE ' S property line (approximately 24 feet x 186 . 5 feet) . The Purchase Price shall be the (then) current market value of the said land. For said payment, COUNTY shall convey by deed the entire pond site in exchange for TABERNACLE taking over the maintenance. Maintenance shall include the entire pond, including both, TABERNACLE' S portion, COUNTY' S portion, and any future expansion of COUNTY' S portion. COUNTY shall be granted a permanent non-exclusive easement for the perpetual use of the pond, and COUNTY shall reserve the right to expand the pond to the east for future further widening of Old Dixie Highway. If necessary, TABERNACLE shall also pay COUNTY the (then) current cost difference between the standard size and oversized pipe. 6 .Time is of the essence as to all matters pertaining to this Agreement. 7.In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to reimbursement of the costs and expenses thereof from the non- prevailing party or parties, including reasonable attorneys ' fees and including such costs, expenses, and fees incurred on appeals of such litigation . 8 .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 . 9 .This Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and shall survive the issuance of deeds pursuant to paragraphs two and seven hereof. IO. 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 . I I . 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 -vvhen required by the context, the same shall include the plural , and masculine, feminine, and neuter genders shall each include the others . 14. COUNTY and TABERNACLE shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and FAPublic Works\Capital ProjectslDevelopers Agreements\TabemacleBaptistChurchl0- 12-06.doc 2