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4/ 40 <br /> ,2,0) /0 - <br /> COMBINED , AMENDED , AND RESTATED <br /> DEVELOPER ' S AGREEMENT <br /> THIS COMBINED , AMENDED , AND RESTATED DEVLOPER' S AGREEMENT <br /> combines , amends , and restates the following agreements : <br /> 1 , Developer ' s Agreement between INDIAN RIVER COUNTY , FLORIDA and <br /> NAP INDIAN RIVER, LLC , a Florida limited liability company, dated May 20 , <br /> 2008 ("NAP Agreement") ; and <br /> 2 . Developer ' s Agreement between INDIAN RIVER COUNTY , FLORIDA and <br /> NAP INDIAN RIVER 1I , LLC , a Florida limited liability company, dated May <br /> 20 , 2008 ("NAP II Agreement") . <br /> RECITALS <br /> A . NAP INDIAN RIVER, LLC ("NAP ") is developing a commercial shopping <br /> center located on the East side of US 1 , South of 53rd Street, in Indian River <br /> County , Florida , known as Harbor Point . In conjunction with the development of <br /> Harbor Point, NAP entered into the NAP Agreement with Indian River County, <br /> Florida (" County" ) . <br /> B , NAP II INDIAN RIVER COUNTY , LLC ("NAP II") has developed Phase I and <br /> is developing a commercial shopping center located on the East side of US 1 , <br /> North of 53 ' Street, in h-idian River County, Florida known as The Landings . In <br /> conjunction with development of The Landings , NAP II entered into the NAP II <br /> Agreement with Indian River County , Florida (" County") - <br /> C . County, NAP , and NAP II desire to combine, amend , and restate the above- <br /> referenced Agreements in accordance with the terms and conditions stated herein <br /> in order to reflect the lapse of time and the changed circumstances which have <br /> occurred since the dates of the original Agreements . <br /> NOW , THEREFORE , in consideration of the mutual covenants and promises set forth <br /> herein, and other good and valuable consideration, the receipt and sufficiency of which are <br /> hereby acknowledged by County, NAP , and NAP II (the "Parties") , the Parties hereby agree as <br /> follows : <br /> Terms <br /> 1 , Recitals . The foregoing recitals are true and correct and are incorporated as if <br /> fully restated herein . <br /> ] :\Bruce\clients\NAP Indian River LLC\Combined, wnended & restated Agreement 3 . 17. 10.doc 1 <br />