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construct an improvement that will be soon be removed, the County agrees to plan, design <br /> and construct a west bound left tum lane on the south side of Oslo Rd at the project entrance. <br /> Said improvement is to be constructed with the Oslo Roadway Improvements, County <br /> project #9705D. In exchange for constructing the improvement, Developer agrees to pay the <br /> sum of $53 ,397 .00 to the County as the Developer' s fair share cost for construction of the <br /> turn lane. The Developer shall pay the sum to the County prior to the issuance of a certificate <br /> of completion for the subdivision. If said improvement is not complete within 6 years from <br /> the date of this agreement, Developer may petition the County Public Works Director for <br /> return of the funds. <br /> 3 . The COUNTY shall be responsible for all construction coordination including advertisement <br /> for bids, contractor selection and construction inspection. <br /> 4 . In the event of any litigation arising out of this Agreement, each parry shall bear its own <br /> attorney fees and costs. <br /> 5 . 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 /> 6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br /> their successors, and assigns . <br /> 7. 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 /> 8 . 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 /> 9. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall <br /> be construed on parity as between the parties. There shall be no canon of construction for <br /> or against any party by reason of the physical preparation of this Agreement. <br /> 10. 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 cavy out the terms and conditions hereof and comply <br /> with the express intention of this Agreement. <br /> 11 . Failure to insist upon strict compliance with any of the terms, covenants, or conditions <br /> herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any <br /> F:1Attomey\Bill0evelopers Agreements\Heritage Grove Developer Agreementdoc <br />