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Page 1 of 4 <br /> DEVELOPER' S AGREEMENT D qq <br /> BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> RJP DEVELOPMENT COMPANY <br /> THIS AGREEMENT, entered this 2 2 n dday June , 2004, by and between INDIAN RIVER <br /> COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 250' Street, Vero Beach, Florida, 32960 <br /> hereafter called COUNTY and RJP DEVELOPMENT COMPANY, 300 E . New Haven Avenue, Melbourne, Florida <br /> 32901 , attn: Roy Pence, President, phone 321 -837-0350, hereafter referred to as DEVELOPER. <br /> WITNESSETH <br /> WHEREAS, the DEVELOPER proposes to develop a residential community to be known as Westfield <br /> Subdivision on 36 + acre parcel of land at the northeast comer of 16'" Street and 82°d Avenue, (Indian River County <br /> Project Number SD-03 - 11 -26 / 2003060192), which is legally described on Exhibit "A" attached hereto and incorporated <br /> herein by reference, and; <br /> WHEREAS, the COUNTY, as a condition of approval for the Preliminary Plat of a " Small Lot Subdivision", <br /> requires the DEVELOPER to improve certain roadway intersections. The COUNTY and DEVELOPER wish to define <br /> the financial and management duties so that the DEVELOPER may comply with the COUNTY' S requirements for <br /> recording the Final Plat and comply with Concurrency requirements to construct 137 homes and receive "Certificates of <br /> Completion" from the COUNTY for each home; and; <br /> WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to roadway improvements <br /> necessary at the intersection of 58d' Avenue and SR 60 to accommodate projected traffic volumes; and; <br /> WHEREAS, the DEVELOPER agrees to sell to the COUNTY an 18-foot wide strip along the West property <br /> line to expand the right of way along 82nd Avenue and includes a "comer clip" at the southwest comer of 16d, Street. <br /> WHEREAS, both the COUNTY and DEVELOPER can assist each other through a joint effort that will share <br /> the cost of the proposed intersection improvements . <br /> NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises <br /> hereinafter, the COUNTY and DEVELOPER agree as follows : <br />