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DEVELOPER'S AGREEMENT <br />BETWEEN <br />,f <br />INDIAN RIVER COUNTY, FLORIDA <br />This Developer's Agreement, ( the "Agreement")is made and entered into this 22 day of <br />October , 2019, by and between The Virginia W. Russell Family Limited Partnership., a <br />Florida limited partnership (hereinafter "Russell"); Riverfront Groves, Inc., a Florida corporation <br />(hereinafter "Riverfront"); and Indian River County, Florida, a political subdivision of the State <br />of Florida (hereinafter "County"). <br />Recitals <br />WHEREAS, Russell owns certain property (the "Russell Property") located in Indian <br />'River County and more particularly described as follows: <br />WHEREAS, Riverfront owns certain property (the "Riverfront Property") located in <br />Indian River County and more particularly described as follows: <br />SEE EXHIBIT "B" ATTACHED AND INCORPORATED HERETO; <br />WHEREAS, on December 3, 2018, the Board of County Commissioners of Indian River <br />County adopted and updated the Capital Improvement Element to its Comprehensive Plan to <br />include funding for a specific'project tentatively called I Ph Drive/McCrystal Drive (hereinafter <br />"II'h Drive"2 as an extension between 37th Street and 41St Street as part of the alternative to <br />widening 37 Street; and <br />WHEREAS, as a result of this decision by the County, 111h Drive qualifies for funding <br />and impact fee credits from the County; and <br />WHEREAS, a portion of the proposed alignmen, of 11th Drive runs along the border <br />between the Russell Property and the Riverfront Property; and <br />WHEREAS, Russell, Riverfront, and the County desire to cooperate with each other to <br />dedicate right-of-way for and to accomplish the construction of 11 th Drive, for the mutual benefit <br />of each party; <br />NOW, THEREFORE, for and in consideration of the mutual covenants contained <br />herein and other good and valuable consideration, Russell, Riverfront, and the County hereby <br />agree as follows: <br />The foregoing recitals are true and incorporated as if fully restated herein. <br />