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