2023-268 - Laserfiche WebLink

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7. Prior to the issuance of a certificate of completion for Phase 2 of the Project, the Developer shall design, permit, and construct a 2 -lane paved road on the north side of the ROW from the main project entrance to the western boundary of project, prior to or concurrently with final plat approval for Phase 2 as shown on the conceptual PD Plan together with a transition lane from the two-lane road to the existing a two-lane dirt road at the Project's western boundary, in accordance with design and engineering plans that shall be approved through the County right-of- way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances., of which review and approval shall not be unreasonably withheld or delayed. All such plans shall include required sidewalks on the north side of the road. Failure by the County to reply to the Developer's completed submission of such plans and specifications within 30 days per submittal shall constitute approval. 8. Developer and County acknowledge that the Developer shall dedicate ten feet (10') along the project's 58d' Avenue frontage with corner clip as shown on thheS410 Preliminary Plat withinf Q days of approval of this Agreement. 0 9. At the time Developer elects to develop the Project, Developer agrees to incorporate sufficient capacity in the Project to provide stormwater treatment for that portion of 53rd Street which is adjacent to the Project. In addition, Developer shall dedicate a non-exclusive easement to the County to access, maintain, and utilize an appropriate stormwater tract for such purpose. If prior to the development of the Project, Phase 1 or Phase 2, the County moves forward with design, permitting, and construction of 53`d Avenue west of the current termination point of the four -lane section, the Developer agrees to provide a location for temporary stormwater facilities. The County shall be responsible for costs associated with the design, permitting, and construction of the temporary facility. 10. Prior to the issuance of a land development permit for Phase 1, the Developer shall provide a final design, acceptable to the county, for a public transit stop. 11. Miscellaneous: A. In the event of any litigation arising out of this Agreement, the prevailing party shall recover attorneys' fees and costs from the non -prevailing party. B. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all the parties hereto. C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Mandala Village DA 9-8-22 3 of 7