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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 />