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DEVELOPER'S AGREEMENT BETWEEN <br />INDIAN RIVER COUNTY <br />AND <br />FLORIDA POWER & LIGHT COMPANY <br />THIS DEVELOPER'S AGREEMENT ("Agreement") is made and entered into this 30th <br />day of November '2020, by and between INDIAN RIVER COUNTY, FLORIDA, a political <br />subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County") and <br />FLORIDA POWER & LIGHT COMPANY, a Florida corporation, 700 Universe Boulevard, Juno <br />Beach, FL 33408 ("Developer"). <br />WITNESSETH: <br />WHEREAS, Developer proposes to develop a service center at 1575 98th Avenue in Indian <br />River County, Florida, to be known as the FPL Indian River Service Center, ("Service Center") on <br />real property legally described as follows: <br />SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. <br />WHEREAS, the County and the Developer share mutual goals and have determined that <br />they can assist each other with respect to certain roadway, intersection, and drainage improvements <br />described herein and required as a condition of the Service Center approval; and <br />WHEREAS, the County and the Developer desire to enter into this Agreement to set forth <br />the terms and conditions to which they have agreed with respect to the matters contained herein. <br />NOW, THEREFORE, for and in consideration of these premises, Ten Dollars ($10.00), <br />and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the County and the Developer do hereby covenant, stipulate, and agree as follows: <br />Recitals: The foregoing recitals are incorporated as if fully restated herein. <br />2. Roadway and Intersection Improvements: Developer shall reconstruct 98th Avenue <br />from 16th Street to State Road 60, as a two lane paved street complete with signage, <br />shoulders and striping in accordance with the approved plans developed by Kimley <br />Horn and Associates, entitled "Indian River Service Center 98th Avenue & 16th <br />Street; Project Number: 147088006" and said plans are incorporated by reference <br />herein to this Agreement. County acknowledges that the contributions above <br />satisfy the Developer's entire obligation with respect to off-site improvements <br />through build -out of the Service Center, except to the extent that additional property <br />or units may be added to the Service Center. The County shall not withhold any <br />approval or permit, nor shall it deny concurrency, because of the condition or state <br />of any intersection in the County as long as the Developer is in compliance with <br />this Developer's Agreement. <br />