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AN AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND ATLANTIC COAST ENTERPRISES, INC. Old Dixie Highway South of CR512 TFIISAGREEMENT, made this _A day of , 1995, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25t Street, Vero Beach, Florida, 32960, hereafter called °COUNTY°, and ATLANTIC COAST ENTERPRISES, INC., C/O RICHARD BROWN, P.O. BOX 78213, SEBASTIAN, FL. 32978 hereafter called "DEVELOPER"; WITNESSETH. WHEREAS, private sand mining activities proposed along the west side of Old Dixie Highway by DEVELOPER require improvements to Old Dixie Highway to handle the traffic anticipated from the proposed mining activities; and, WHEREAS, the COUNTY proposes to construct roadway widening and drainage improvements on Old Dixie Highway to provide a standard two lane roadway hereafter called PROJECT, in a manner that will adequately handle the impacts of the proposed sand mining projects; and, WHEREAS, DEVELOPER, in conjunction with approvals for his project, has either paid their fair share Traffic Impact Fee (T.I.F.) for his project or is agreeable to fund a portion of the above mentioned widening improvements to Old Dixie Highway. NOW THEREFORE, for and in consideration of the premises and other good and valuable consideration, the COUNTY and DEVELOPER agree as follows: 1. The COUNTY agrees to construct all roadway improvements on Old Dixie Highway south of CR512 (approximately 1/2 mile), in accordance with the engineering drawings as prepared by Indian River County, within ninety (90) days of the date of phis Agreement. 2. DEVELOPER agrees to pay his total project fair share Traffic Impact Fee to be used for the construction of the asphalt surface course associated with the road widening. Said fee shall be paid prior to beginning Phase I. DEVELOPER shall deed to the COUNTY sufficient right-of- way approximately 357.2 feet, along Old Dixie Highway to provide an 60 foot road right-of-way to construct this section of Old Dixie Highway. IN WITNESS WHEREOF, the COUNTY and DEVELOPER has caused these presents to he executed in their names, the day and year first above written. Signed, sealed and deliver in the pr ce o printed name: Georee A. guns �- xa� -- printed name: Dean F eWe By-der4•3 printed name: Richard Brown Title: president STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 28th day of , 1995 by RICHARD BROWN who is personally known to me or who has produced N/A as identification. R WOMMMO MVW'�R ML� 39 May 16, 1995 Commission No. State of Florida at Large • BooK 95 * Fa,,. -L 6