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MODIFICATION AND SUBSTANTIAL TERMINATION
<br /> OF
<br /> DEVELOPER'S AGREEMENT BETWEEN
<br /> INDIAN RIVER COUNTY
<br /> AND
<br /> OSLO 27, LLC
<br /> FOR
<br /> 27TH AVENUE BETWEEN 13TH STREET SW AND 17TH STREET SW ( 12112106)
<br /> Indian River County and Oslo 27 , LLC , hereby agree to the modification
<br /> and substantial termination of the above-titled Developer's Agreement this 20th
<br /> day of November, 2007 as provided below.
<br /> 1 . The duties , responsibilities and obligations of each party are rescinded
<br /> and terminated , with respect to the following paragraphs of the December 12 ,
<br /> 2006 Developer's Agreement :
<br /> 1 , 2A, those provisions of 2B related to construction and payment
<br /> of 27th Avenue improvements , 2C , those provisions of 2D other
<br /> than Developer's obligation to provide right-of-way maps , parcel
<br /> sketches and legal descriptions for any necessary right-of-way
<br /> acquisitions , 2F , those provisions of 2G other than completing
<br /> engineering and design functions by December 12 , 2007 which
<br /> deadline is hereby extended to September 12 , 2008 , 2H , 219 2J , 3A
<br /> through 3F, 4A, 461 4D , 4E , 4F , 4G , and 4C except that impact fees
<br /> will be adjusted to reflect Developer's re-designed project, if and as
<br /> ultimately approved , 5 , 6A, 6B , 7A through 7D , 8 , 9A5 9131 9C , 10A,
<br /> 10B , 10C , 1OF , 19 , 22 , and 24.
<br /> 2 . The duties , responsibilities and obligations of each party are hereby
<br /> ratified and remain in full force and effect with respect to the following
<br /> paragraphs of the December 12 , 2006 Developer's Agreement:
<br /> Those provisions of 213 , 2D3 2G and 4C expressly excepted from
<br /> termination in paragraph 1 above , 2E , 10D , 10E , 10G , 10F , 11 , 125
<br /> 130 14 , 15 except as modified herein , 16, 17A, 17B , 18 , 20A , 20B ,
<br /> 21 , 23 , and 25 .
<br /> 3 . The duties , responsibilities and obligations of each party under the
<br /> Proportionate Share Agreement ( Exhibit D to the December 12 , 2006
<br /> Developer's Agreement) are rescinded and terminated with respect to the
<br /> following paragraphs of that Proportionate Share Agreement:
<br /> 1
<br /> F:tAttorneylNancy\D0CS%PLAN10slo 27 LLC modification and substantial termination.doc
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