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2 . Agreements rescinded : The NAP Agreement and the NAP II Agreement are <br /> hereby rescinded and replaced with this Combined, Amended and Restated <br /> Developer ' s Agreement . <br /> 3 . NAP obligations : <br /> a. Concurrently with the County ' s commencement of construction of 53 `d <br /> Street improvements from Indian River Boulevard to Old Dixie Highway, <br /> NAP will grant at no charge to County a non-exclusive, perpetual drainage <br /> and outfall easement over the Harbor Point stormwater storage and <br /> conveyance facilities . This easement shall be limited to the capacity <br /> (volume) required for improvements to 53 `d Street from Indian River <br /> Boulevard to Old Dixie Highway and for that portion of US 1 which is <br /> adjacent to Harbor Point, from the centerline of US 1 , east to the edge of <br /> the right-of-way . <br /> b . NAP will process a letter modification to NAP ' s current St . Johns River <br /> Water Management District stormwater permit to allow the County ' s <br /> drainage from 53 `d Street to be conveyed by a swale system to the Harbor <br /> Point stormwater pond, as depicted on the approved site plan . <br /> C , Concurrently with the County ' s commencement of construction of 53 `d <br /> Street improvements from Indian River Boulevard to Old Dixie Highway, <br /> NAP will commence and construct the swale system and the retention <br /> pond at Harbor Point . The fill material will remain on the Harbor Point <br /> property for NAP ' s use . During construction of the Harbor Point anchor <br /> tenant site NAP will install permanent conveyance facilities . <br /> d . NAP shall deliver to County at no charge a sidewalk easement South of <br /> the 53 `d Street right-of-way in the vicinity of the right turn lane, to <br /> accommodate the future widening of 53 `d Street . Concurrently with <br /> construction of 53 `d Street improvements the County shall construct a <br /> sidewalk in the current County-owned right-of-way. The County shall not <br /> move the sidewalk to the easement until and unless 53 `d Street is widened <br /> by the County in the future . This obligation by NAP is expressly <br /> conditioned upon the County ' s binding representation that granting this <br /> easement would have no adverse impact on NAP ' s existing site plan with <br /> respect to landscaping, buffers , building setbacks , open space calculations , <br /> building area or size calculations, or any other adverse or negative impact <br /> upon the site plan . <br /> e . NAP will pay the cost associated with the site-required turn lanes from <br /> 53 `d Street into the Harbor Point project within thirty (30) days of the <br /> issuance by the County of a Notice to Proceed to the County contractor . <br /> The NAP site required turn lanes , shall be included in the County ' s <br /> bidding process for the 53 `d Street improvements from Indian River <br /> Boulevard to Old Dixie Highway. <br /> ]:\Bracc\clients\NAP Indian River LLC\Combined, amended & restated Agreement clean 3 .23 . 10.doc <br /> 2 <br />