Laserfiche WebLink
4 <br /> s <br /> approval prior to the commencement of construction of 53rd Street. Utility relocation <br /> shall be included. <br /> A. The County shall have the right to approve the scope of work and <br /> compensation for the design and engineering phase of this project. The County <br /> shall not unreasonably withhold or delay such approval . Failure to reply to the <br /> Developer within thirty (30) days shall constitute approval . <br /> B . The D-eveloper _ and the County shall share equally the cost of <br /> construction, design, and engineering of 53rd Street from 58th Avenue to the east <br /> property line of Waterway Village%, provided, however, that the County ' s <br /> obligation for the _cost of landscaping shall be limited to one-half of $ 100 , 000 . 00 <br /> per mile . The Developer shall fund and install all border landscaping . <br /> C . The Developer shall have no responsibility for the design, <br /> engineering, or , construction costs of 53rd Street east of the Developer ' s east <br /> property boundary, or for the bridges across Lateral H and North Relief canals . <br /> D . The daye1 &j_4e-QQye o er ' s obligation with respect to 53rd Street, <br /> identified in the Amended and Restated Development Order and otherwise , shall <br /> be deemed satisfied- so long as the Developer is in compliance with this Amended <br /> Agreement, and the County shall not withhold any approval or permit because of <br /> the condition . of 53rd Street -as long as the Developer is in compliance with this <br /> Amended Agreement , <br /> E . At the time the County accepts title or dedication from the <br /> Developer for the 53rd Street right-of-way, the County shall execute a release of <br /> any interest the - County has in Murphy Act right-of- way for the existing 53rd <br /> Street located in Sections 21 and 22 , Township 32 , South, Range 39 East, Indian <br /> River County, Florida, including, butnot limited to, the reservation of road right- <br /> of-way described in Deed Book 66 Page35 , Deed Book 67 Page 267 and Deed <br /> Book 60 Page 86,. Public Records of,Indian River County, Florida_ <br /> 11 F . The construction of 53rd Street as described above will require the <br /> excavation of- a lake to receive the iainae from 53 " Street ("the Lake " 1 ie <br /> Developer agrees to dig the Lake . to install the required drainaue nines from 53rd <br /> Street, and - to - allow 53rd Street to draiir "into the Lake nereafter to fumi h <br /> appropriate easements to the County for the use, maintenance and replacement of <br /> such piping . The County agreesthat the mining activities associated With <br /> extracting and transporting of tliis fill. -. will_ not be charged- against the iinai ed <br /> diaration of the incidental to construction mining permits issued to the Develooer <br /> for the development.-_ - <br /> G . The Developer agrees . to . furnish the County fill (not to e cceed <br /> 100 . 000 cubic yards l for use: by the County in the construction of 53rd treet east <br /> of the Lateral H Canal . The fill _will beat no cot to the County but the County <br /> RM: 7375391 : <br /> -I-9 <br /> Page 6 of -14) 116 <br />