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14 t iac7�t,�a,o��K+�tcru�ntTys7• • DEVELOPER'S AGREEMENT' BETWEEN Tj q—o60 INDIAN RIVER COUNTY, FLORIDA AND ! FIRST CHURCH OF GOD, INC. THIS AGREEMENT, entered into this J day , 1999 by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 251' Street, Vero Reach, Florida, 32960 hereafter called "COUNTV" and the FIRST CHURCH OF GOD OF VERO BEACH, INC., 1590 27" Avenue, Vero Beach, Florida 32960 hereafter referred to as the "CHURCH". WITNESSETH WHEREAS, the CHURCH owns a 35.23 acre parcel of land alonS the west side of Kings Highway south of 12'x' Street, known as Tax Parcel ID #08-33-39-00001-0090-00001.0, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and WHEREAS, the COUNTY and CHURCH share mutual concerns with respect to road and drainage facilities for Kings Highway (58' Avenue) and 12" Street and development of CHURCH property located adjacent to Kings Highway; and WHEREAS, both the COUNTY and CHURCH can assist each other through a joint eltart that will facilitate widening the road and providing stormwater treatment. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises covenants and premises hereinafter, the COUNTY and CHURCH agree as follows: I . The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. prior to the first Certificate of occupancy on the site, the CHURCH shall convey by quit -claim deed 20' of right-of-way to the COUNTY for construction of Kings Highway (legal description attached as Exhibit "I3"). 3. The COUNTY shall construct at the COUNTV's sole cost and expense intersection and roadway improvements along Kings i Iighway and 1201 Street to provide a four - lane divided roadway alone; Kings Highway and a two lane paved roadway along 12" Street between a point approximately 700' east and 450' west of Kings Highway by no later than November 30, 2002. 4. The CHURCH shall construct the retention ponds and outfall structures to the 12ni Street sublateral on the CHURC :I site by no later than January l 2000. The ponds shall be designed to accept runoff from Kings Highway (one acre equivalent area) and CHURCH's future development (Four acres equivalent area). County may elect to include portion of pond construction in Phase lI Kings highway contract and revise compensation accordingly if facilities are not constructed by January 1, 2000.