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7/20/99(P0lNTEWEST),(PWD) <br />DEVELOPER'S AGREEMENT BETWEEN / <br />INDIAN RIVER COUNTY, FLORIDA 9 <br />AND <br />POINTE WEST OF VERO BEACH, LIMITED PARTNERSHIP <br />THIS AGREEMENT, entered this 2 7 t h day July , 1999 by and between <br />N INDIAN RIVER COUNTY, FLORIDA. a political subdivision of the State of Florida, 1840 25t1 <br />Street, `Zero Beach, Florida, 32960 hereafter called "COUNTY" and POINTE WEST OF VERO <br />BEACH, LIMITED PARTNERSHIP(Generat partner is Pointe West of Vero Beach, Inc.), <br />4445 Highway AIA, Suite 250, Vero Beach, FL 32963, hereafter referred to as the <br />"DEVELOPER." <br />WITNESSETH <br />WHEREAS, the DEVELOPER owns a 602.99 acre parcel of land along the south side of <br />State Road 60 west of 66" Avenue, known as Pointe West Development (Indian River County <br />Project Number 98050151-002), which is legally described on Exhibit "A" attached hereto and <br />incorporated herein by reference, and; <br />WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to road, <br />drainage, and -atility facilities for 741h Avenue, 16t1 Street, 121h Street, and 8`h Street in conjunction <br />with the development of DEVELOPER property located south of SR60; and; <br />WHEREAS, both the COUNTY and DEVELOPER can assist each other through a joint <br />effort that will facilitate improving the roads, providing stormwater treatment, signalizing and <br />improvement intersections, and expanding utilities. <br />NOW, THEREFORE, in consideration ofthe mutual terms, conditions, promises, covenants <br />and premises hereinafter, the COUNTY and DEVELOPER agree as follows: <br />1. The above recitals are affirmed as being true and correct and are thereby incorporated <br />herein. <br />2. Indian River County Public Works Department is currently designing the paving of <br />a two-lane road along 74" Avenue between SR60 and 16`1 Street. This project <br />requires extensive right of way acquisition. The COUNTY will diligently strive to <br />acquire needed right of way and complete the road paving by December 31, 1999. <br />Th- (0 TT�TTV ewe � t �uuiaut%t wi -lincilun Uy December 31, i999. Prior to any <br />Certificates of Occupancy (C.O.)or Certificate of Completion being issued by <br />COUNTY for Phase I(Golf Course, and School Site), the following road construction <br />shall. by ivcomplete:,ete:,cw. <br />a. Pave 74t1 Avenue as a two-lane road with left turn lanes at all major <br />intersections (101 Street, SR60, and 12" Street) between SR60 and 1211 <br />Street or provide a paved access from SR60 through the project to any <br />building requesting a Certificate of Occupancy and manage irafi7c so that 74"' <br />1 <br />