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rz X00 d 9'cz DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND RACETRAC PETROLEUM, INC . THIS AGREEMENT, entered this 7th day of April , 2009 , by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 , hereafter referred to as COUNTY , and RACETRAC PETROLEUM, INC . , a Georgia corporation, 3225 Cumberland Boulevard, Atlanta, Georgia 30339 , hereafter referred to as DEVELOPER. WITNESSETH WHEREAS , the Developer has applied to develop a gas station/convenience store, hereafter referred to as the PROJECT , to be built within the city limits of Fellsmere, on the southeast corner of the intersection of County Road 512 and 108th Avenue ; and WHEREAS , the COUNTY is currently constructing roadway and infrastructure improvements on CR 512 near the PROJECT ; and WHEREAS , as a result of DEVELOPER ' S PROJECT , some of the COUNTY improvements must be modified ; and WHEREAS , both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort in coordinating the installation and maintenance of such work . NOW , THEREFORE , in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows : 1 . The foregoing recitals are affirmed as being true and correct and are thereby incorporated herein. 2 . Pursuant to the terms of this Agreement, the COUNTY shall perform the work specified on the attached Exhibit "A" in the shaded area (the "WORK") , designated in the legend as " hnprovements by Indian River County. " Specifically, the improvements are as follows : a. Design and construction of turn lane and median improvements . b . Design and construction of swale improvements and associated drainage pipes and structures . 1