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� T <br />`7 <br />SLAB REMOVAL AGREEMENT <br />/(v. Krr <br />THIS SLAB REMOVAL AGREEMENT is made this ye rMc-1 20 cc� by and <br />between DIVOSTA BUILDING CORPORATION, a Florida corporation ("DiVosta") and <br />INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County"). <br />RECITALS <br />WHEREAS, DiVosta is a Florida building contractor engaged in the construction of <br />single family residences on lots located in the County and owned by its parent company, DiVosta <br />Homes, L.P., Delaware limited partnership, and <br />WHEREAS, DiVosta and the County -have agreed to permit DiVosta to pour house slabs <br />in the subdivision known as Waterway Village, prior to the delivery of form board tie-in surveys, <br />subject however to the conditions set forth herein. <br />NOW THEREFORE, for and for and in consideration of these premises and the benefits <br />to be realized by each party hereto, sufficiency of which is hereby acknowledged, DiVosta and <br />the County hereby covenant and agree as follows: <br />The above recitals are true and correct, and are incorporated herein by this <br />reference. <br />2. The parties hereto agree that all houses constructed within the subdivision located <br />within Indian River County known as "Waterway Village" shall comply with all <br />minimum finished floor elevation requirements and minimum setback <br />requirements of the County's Development of Regional Impact and Conceptual <br />PD approval for the Waterway Village Development. <br />3. DiVosta agrees that it will remove, at its sole expense and within 10 days of <br />receipt from County of a written notice of a non-compliance, any house slab <br />within Waterway Village that does not comply with all minimum finished floor <br />elevation requirements and minimum setback requirements of the County's final <br />PD for the Waterway Village Planned Development. DiVosta further agrees that <br />it will not seek any waiver, variance, or other administrative relief for any slab <br />which is not in compliance and comply with all minimum finished floor elevation <br />requirements and minimum setback requirements of the County's Development of <br />Regional Impact and Conceptual PD approval for the Waterway Village <br />Development <br />4. DiVosta agrees that it will provide a signed and sealed form board tie-in survey <br />within 24 hours of each house slab pour in Waterway Village. <br />