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AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND REDEVGROUP, INC. THIS AGREEMENT is made and entered into this 12th day of ,June , 2018, by and between Indian River County, Florida, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, ("County"), and REDEVGROUP, INC., a Florida Profit Corporation, 1826 US Highway 1, Vero Beach, FL 32960 ("Developer"). WITNESSETH WHEREAS, on July 19, 1994 Indian River County issued Resolution 94-93 ("Development Order"), approving the Indian River Mall as a Development of Regional Impact ("DRI"); and WHEREAS, one condition of the Development Order required that the developer of the DRI dedicate a Conservation Easement over approximately 4.7 acres of cabbage palm hammock within the DRI property ("Lot 5"), for protection of wildlife; protection of upland habitat; protection of hand fern; and to assist the County in its efforts to maintain State Road 60 as an attractive gateway corridor; and WHEREAS, the Conservation Easement was recorded in O.R. Book 1072, Page 2581, Public Records of Indian River County, Florida ("Conservation Easement"). WHEREAS, the factors supporting the conservation easement over Lot 5 have diminished by the passage of time as the parcel experienced a significant decrease in wildlife and upland habitat preservation, most specifically due to the disappearance of hand fern from the site. Also of significance is that Lot 5 is not accessible to the public and is currently unmaintained and unmanaged: and WHEREAS, the dedication of the conservation easement over Lot 5 specifically contemplated a future swap or trade if conditions changed by the passage of time; and WHEREAS, there are alternative sites in the County which would provide greater ecological value and greater public benefit than that which is provided by Lot 5; and WHEREAS, County has determined that the public interest could be best served by releasing Lot 5 from the Conservation Easement and from the Development Order to permit responsible commercial development of the site, in accordance with approved development standards, in exchange for title to one of the alternative sites which would provide greater ecological value and greater public benefit to the County; and WHEREAS, County and Developer have determined that they are able to assist each other to accomplish their mutual goals, provided Developer is able to deliver to County title to one of the alternative sites, and further provided County releases Lot 5 form the Conservation Easement and from the Development Order. RedevGroup/IRC Agreement