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bids received by the Indian River County Purchasing Division, and to make a written recommendation to the County' s Public Works Director for award of the bid to a licensed and qualified contractor. The term "qualified" shall be as determined by the County. The COUNTY' S reimbursement of construction costs to the DEVELOPER shall be conditioned upon the approval of all project costs by the County' s Public Works Director. Bid proposals and engineering costs related to the work described herein shall be subject to prior approval by County' s Public Works Director. The DEVELOPER shall not commence work unless the County' s Public Works Director provides written approval of the final construction cost and the final project cost. The COUNTY may require redesign and/or re-bid if, in the COUNTY ' S sole discretion, project costs significantly exceed those contained in Section 2c of this agreement. Bids shall include Performance and Payment Bonds with the COUNTY being named an additional party covered by the Bonds. The cost of planning, design, permitting and construction of 77`h Street/581h Avenue shall be shared 50% by DEVELOPER and 50% by COUNTY, with the maximum COUNTY contribution to be $210,853 . 59. Upon completion and acceptance of the intersection improvements, COUNTY shall pay DEVELOPER its 50% share of the cost of the improvement. DEVELOPER shall provide a bill of sale to COUNTY for the improvements in this paragraph together with a one year warranty covering said improvements. 5 . With regard to intersection improvements at 45`h Street/58`h Avenue, the COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection . 6. In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 7. 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 . 8 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 9. 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 . 10. 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. 11 . 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