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Street S .W. to 17th Street S .W., 27th Avenue S .W. from Oslo Road to 4th Street and 27th Avenue S .W. from <br /> 4th Street to 8th Street which will increase the capacity of the road; and <br /> WHEREAS, the improvements to 27th Avenue S.W. from 13th Street S .W. to 17th Street S .W. do not <br /> currently appear in the County' s Five Year Capital Improvements Program Component of the Capital <br /> Improvements Element of the County' s Comprehensive Plan; and <br /> WHEREAS, as part of this agreement, the improvements to 27th Avenue S .W. from 13th Street S.W. <br /> to 17th Street S .W. are being added to the County' s Five Year Capital Improvements Program Component of <br /> the Capital Improvements Element of the County' s Comprehensive Plan Capital Improvement Element to the <br /> County' s Comprehensive Plan; and <br /> WHEREAS, simultaneous to approval of this agreement by the Board, the COUNTY and <br /> DEVELOPER will enter into a Developer Agreement that will set forth the parties responsibilities for <br /> construction of 27th Avenue S .W. from 13th Street S .W. to 17th Street S .W. ; and <br /> WHEREAS, the improvements to 27th Avenue S .W. from 4th Street to 8th Street and 27th Avenue <br /> S.W. from Oslo Road to 4th Street are currently in the County' s Five Year Capital Improvements Program <br /> Component of the Capital Improvements Element of the County' s Comprehensive Plan; and <br /> WHEREAS, the County finds that all conditions contained in FS 163 . 3180( 16) and Indian River <br /> County Code Chapter 910 have been met in order for DEVELOPER and County to enter into this <br /> proportionate fair share agreement. <br /> NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and <br /> premises hereinafter, the COUNTY and DEVELOPER agree as follows: <br /> 1 . The above recitals are affirmed as being true and correct and are incorporated herein . <br /> 2 . The roadway improvements contemplated by this agreement are in the best interests of the citizens <br /> of Indian River County. The improvements will provide a benefit to the health, safety and welfare of the <br /> residents of the County by providing safe roads for the traveling public. <br /> 3 . In accordance with Exhibit B attached and incorporated by reference herein, the DEVELOPER shall <br /> pay to the County the sum of $211 ,900. 88 as the DEVELOPER' S proportionate share of improvements to 27th <br /> Avenue S .W. from 13th Street S . W. to 17th Street S .W. In accordance with Exhibit B attached and <br /> incorporated by reference herein, the DEVELOPER shall pay to the County the sum of $333 ,957.61 as the <br /> DEVELOPER' S proportionate share of improvements to 27th Avenue S .W. from Oslo Road to 4th Street. In <br /> accordance with Exhibit B attached and incorporated by reference herein, the DEVELOPER shall pay to the <br /> County the sum of $78 ,757.67 as the DEVELOPER ' S proportionate share of improvements to 27th Avenue <br /> S .W. from 4th Street to 8th Street. <br /> 4. DEVELOPER shall pay to the County, the proportionate share amounts in paragraph 3 above prior to <br /> 2 <br /> F:Wttomey\Bi111Agreements\Proportionate Share\Exhibit D oslo proportionate share agree clean 12 7 06.dcc <br />