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40 DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND TRI PARTNERS, L.L.C. 61151"TRIPARTNERSpt(P W D) « THIS AGREEMENT, entered into this rt.h day i„1 y , 1999 by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, • 1840 25' Street, Vero Beach, Florida, 32960 hereafter called "COUNTY" and the TRI PARTNERS, L.L.C. , A LIMITED LIABILITY COMPANY, 445 27TH AVENUE S.W., SUITE E, Vero Beach, FL 32968, hereafter referred to as the "DEVELOPER". WITNESSETH WHEREAS, the DEVELOPER owns several parcels of land located on Blocks "D" of Oslo Park Subdivision, which is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to road and drainage facilities for a part of 191 Avenue S.W., 201 Avenue S.W., 10` Street S.W., the Oslo Road Sublateral Canal E-8, and the present and future development of the DEVELOPER's properties located adjacent to 191 Avenue S.W. and 20" Avenue S.W., and WHEREAS, both the COUNTY and DEVELOPER can assist each other through a joint effort that will facilitate paving part of 19' Avenue S.W., 201 Avenue S.W., 10' Street S.W., culverting of the E-8 Canal, and providing stormwater treatment. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows: i . The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. The COUNTY and DEVELOPER agree to design, permit, and construct the following project in two (2) phases: Phase I - Two (2) lane paved road and associated drainage facilities (swales, culverts, inlets, etc.) on 191 Avenue S.W. from Oslo Road south to the south lot line of Lot .dock "D", vs"iu ra k, Unit ff2. Phase 1 - Fill and culvert the Indian River Farms Water Control District Canal E-8 parallel to Oslo Road from the east side of 201" Avenue S.W., east 210 LF t under 19" Avenue S.W. to the east side of 19" Avenue S.W..