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aooL? d/9 <br />DEVELOPER'S AGREEMENT BETWEEN <br />INDIAN RIVER COUNTY, FLORIDA <br />AND <br />SANDLER AT PMCREST, L.L.C. <br />FOR HE, RESERVE <br />THIS AGRBBMBNT is made and entered 'pito this 15thday of January 12006; <br />by and between Indian River County, Florida, a political subdivision of the State of Florida, 1840 <br />25"' Street, Vero Beach, Florida 32960 ("County"), and Sandler at Pinecrest, L.L.C., a Virginia <br />]united liability company, 448 Viking Drive, Suite 220, Virginia Beach, VA 23452 <br />("Developer"). <br />WITNESSETH <br />WHERBAS, the Developer proposes to develop a residential community, located on the <br />north side of 26"' Street, west of 43rd Avenue, and east of 58"' Avenue, in Vero Beach, Florida, to <br />be known as Heritage Reserve ("Project"); and <br />WHEREAS, as proposed, Heritage Reserve will include up to 780 residential units, with <br />associated recreational and other amenities, on approximately 333 acres of land. A legal <br />description of the property is attached as Exhibit "D'; and <br />WHBREAS, even though Heritage Reserve is located within the jurisdictional limits of the <br />City of Vero Beach, the County and the Developer share muhral goals and can assist each other <br />with respect to right-of-way acquisition, roadway and drainage improvements,. intersection <br />improvements, and other improvements described herein; <br />NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, <br />covenants, and premises stated herein, and other good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, the County and the Developer agree as follows: <br />X. Recital : The foregoing recitals are incorporated as if fully restated herein, <br />B. Site Related huprovements: Prior to the issuance of the first certificate of <br />occupancy for any unit in the Project, Developer shall plan,,survey, design, permit, and construct <br />the following site related improvements: <br />2. Eastbound left -tun lane and westbound right -turn lane at Western Project <br />Access on 261' Street. <br />1. Eastbound left -tum lane <br />and westbound right -turn <br />lane at Eastern Project <br />Access on 20 <br />Street. <br />2. Eastbound left -tun lane and westbound right -turn lane at Western Project <br />Access on 261' Street. <br />3. Northbound left -turn lane on 43`d <br />Avenue at Project Entrance <br />(Airport <br />Road). <br />