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THIRD AMENDMENT to AGREEMENT a Db w - 3 73 <br /> between <br /> INDIAN RIVER COUNTY <br /> and <br /> INDIAN RIVER ASSOCIATES II , LLLP <br /> WHEREAS , INDIAN RIVER COUNTY (County) entered into a developer's <br /> agreement with INDIAN RIVER ASSOCIATES ll , LLLP ( Developer) on August 10 , 2004 , <br /> concerning Falcon Trace Development; and <br /> WHEREAS , the original agreement has been amended on November 8 , 2004 and <br /> on February 8 , 2005 . <br /> WHEREAS , paragraph 7 of the agreement called for the Developer to "plan , design , <br /> obtain permits for and construct an expansion of existing 20th Avenue SW from 17th Lane <br /> SW to 21st Street SW from a one-half paved street to a two-lane 24 ' wide roadway'; and <br /> WHEREAS , paragraph 10 of the agreement called for the Developer to " plan , <br /> design and construct 5' wide side walks along 27th Avenue SW, 21st Street SW and 20th <br /> Avenue SW along DEVELOPER' S frontage for each phase of the Development. '; and <br /> WHEREAS , DEVELOPER , as a condition of its project, is required to design , <br /> construct and pave a section of 17th Lane SW from a point west of their project entrance <br /> to 20th Avenue SW; and <br /> WHEREAS , due to events outside of the control of either Developer or County, the <br /> Developer's Agreement must be amended to reflect the design changes that have occurred <br /> over the past 18 months . <br /> 1 <br /> C:\Documents and Settings\RCohen\Local Settings\Temporary Internet Files\OLK124\Falcon Trace 3rd amended agreement clean.doc <br />