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X008 J 6
<br /> DEVELOPER' S AGREEMENT BETWEEN
<br /> INDIAN RIVER COUNTY, FLORIDA
<br /> AND
<br /> NAP INDIAN RIVER LLC
<br /> THIS AGREEMENT is made and entered into this V- day of M q V 20085
<br /> by and between Indian River County, Florida, apolitical subdivision of the State of Florida, 1801
<br /> 27' Street, Vero Beach, Florida 32960 ("County'), and NAP Indian River LLC, a Florida limited
<br /> liability company, 7500 College Parkway, Ft. Myers, FL 33907("Developer").
<br /> WITNESSETH
<br /> WHEREAS, the Developer proposes to develop a commercial shopping center, located on
<br /> the east side of U. S. 1 , south of 53'd Street, in Vero Beach, Florida, to be known as Harbor Point
<br /> ("Project"); and
<br /> WHEREAS, as proposed, Harbor Point will include approximately 68,850 square feet of
<br /> shopping center, four (4) outparcels, and other amenities, on approximately 19. 39 acres of land. A
<br /> legal description of the property is attached as Exhibit "A"; and
<br /> WHEREAS, the County desires to design and implement improvements to 53`d Street East
<br /> of U.S. 1 and to the intersection of U. S . 1 and 53'd Street, and has included such intersection and
<br /> roadway improvements in its funding priorities over the next five years; and
<br /> WHEREAS, the County and the Developer share mutual goals and can assist each other with
<br /> respect to right-of-way acquisition, roadway and drainage improvements, roadway improvements,
<br /> and other improvements described herein;
<br /> NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants,
<br /> and premises stated herein, and other good and valuable consideration, the receipt and sufficiency
<br /> of which is hereby acknowledged, the County and the Developer agree as follows:
<br /> 1 . Recitals: The foregoing recitals are incorporated as if fully restated herein.
<br /> 2. Intersection and Roadway Design and Permitting: No later than September 30, 2008,
<br /> County will plan, survey, design, and obtain all necessary permits for construction of the proposed
<br /> improvements from the centerline of U. S . 1 at the intersection of 53 `d Street and U. S. 1 to apoint east
<br /> of the eastern boundary of Harbor Point, west of Indian River Boulevard, including signalization at
<br /> the 53 `d Street full access driveway/entrance to Harbor Point as described in the County Plans,
<br /> ("Roadway Improvements"). Upon completion, said plans, designs, surveys and specifications shall
<br /> be incorporated by reference and made a part of this Agreement.
<br /> 3 . A. Intersection and Roadway Construction: County and Developer acknowledge
<br /> that County intends to design, permit, and construct 53`d Street from Old Dixie Highway west to the
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