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2/4/03wcg(PWD)jwd <br /> Square Farms will sell to the COUNTY, at appraised value at time of purchase, the <br /> additional right-of-way. <br /> 3 . If the COUNTY acquires the right-of-way in 2 above, the COUNTY will permit the three <br /> lots affected by this Agreement to have private ingress and egress on 4th Street, subject to <br /> COUNTY access spacing and geometric driveway requirements . <br /> 4 . Time is of the essence as to all matters pertaining to this Agreement . The relocation shall <br /> occur within six years of the date of this agreement or the Agreement will become null <br /> and void. <br /> 5 . In the event of any litigation arising out of this Agreement, the prevailing party shall be <br /> entitled to reimbursement of the cost and expenses thereof from the non-prevailing party <br /> or parties , including reasonable attorneys fees and including such costs, expenses , and <br /> fees incurred on appeals or such litigation . <br /> 6 . No amendment, modification, change, or alteration of this Agreement shall be valid or <br /> binding unless accomplished in writing and executed by all of the parties hereto . <br /> 7 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br /> their successors, and assigns . <br /> 8 . This Agreement contains the entire agreement and understanding between the parties . No <br /> representation, statement, recital, undertaking, or promise not specifically set forth herein <br /> shall be binding on any party hereto . <br /> 9 . This Agreement and all matters arising hereunder shall be governed by and construed in <br /> accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian <br /> River County, Florida. <br /> 10 , This Agreement shall be deemed prepared jointly by each of the parties hereto and shall <br /> be construed on a parity as between the parties . There shall be no canon of construction <br /> for or against any party by reason of the physical preparation of this Agreement . <br /> 11 . Whenever the singular number is used in this Agreement and when required by the <br /> context, the same shall include the plural ; and the masculine, feminine, and neuter <br /> genders shall each include the others . <br /> 12 . COUNTY and DEVELOPER shall grant such further assurances and provide such <br /> additional documents as may be required by one another from time to time, and cooperate <br /> fully with one another in order to carry out the terms and conditions hereof and comply <br /> with the express intention of this Agreement . <br /> L <br /> F :\Public Works\Rebecca\SITE PLANS\Developer's Agreements\Ten Square Farms-dev.doc <br />