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g . The Property lies within the city limits of the City of Fellsmere and as such , is <br /> subject to the land development and land use regulation of the City of <br /> Fellsmere and the State of Florida and not Indian River County . <br /> h . The County and Fellsmere 392 shall coordinate and agree upon locations of <br /> water, sewer, access points, and utility stub outs in the right of way to provide <br /> Fellsmere 392 with efficient alignments and utilization of the Project. <br /> L The County shall promptly and without further contingency or payments of <br /> any kind by Fellsmere 392 issue right-of-way permits to Fellsmere 392 for the <br /> Project to connect to CR-512 at such time as complete and correct right of <br /> way permit applications are made and review of the applications is timely <br /> completed by the County . <br /> 5 . General Provisions . <br /> a. This Agreement represents the entire understanding between the parties with <br /> respect to the transaction contemplated herein and supersedes, incorporates and <br /> merges all prior negotiations, representations and agreements, whether oral or <br /> written . All understandings and agreements heretofore had between the parties <br /> are merged into this Agreement, which alone fully and completely expresses their <br /> agreement . <br /> b . This Agreement may not be amended, nor shall any waiver, change or <br /> modification be affected, except by an instrument in writing executed by or on <br /> behalf of the party against whom enforcement is sought. <br /> c . In the event of litigation to enforce the terms of the contract, the prevailing party <br /> shall be entitled to collect from the losing party reasonable attorneys' fees and <br /> costs of suit. <br /> Page 7 of 10 <br />