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WHEREAS, this Agreement strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation and comprehensive planning and reduces the costs of development; and WHEREAS, Developer agrees to pay County, as provided herein, for the Developer's proportionate use of said Improvements. NOW, THEREFORE, for and in consideration of the mutual promises set forth here and other good and valuable consideration, the Developer and County agree as follows: 1. Findings of Fact. The foregoing recitals are true and correct and incorporated herein by reference as Findings of Fact. 2. Purpose. The purpose of this Agreement is to: a. Recognize the utility Improvements to be constructed by GLH and partially reimbursed by the County as providing significant benefit to the impacted utility system in the area of development, and towards the HI Development; and b. Recognize the Improvement benefit to HI Development, and partial payment to the County for its expenditure of funds to GLH for the facilitation of said Improvements. c. Secure utility availability for 384 units benefiting from utility Improvements. d. To ensure that all traffic requirements for the new development are provided to accommodate the new growth due to the 384 units coming with the HI Development. 3. Permitted Development Uses__ The proposed area of development for Harmony Isles is currently zoned RM -6 which allows a density of 6 units per acre. The area of development is 116.86 acres. The maximum density for the project is 384 units. The Maximum building height per the County's Land Development Regulations is 35 feet. 4. Impact Fees: All impact fees relevant to this Agreement will adhere to the Florida Impact Fee Act, Florida Statute Section 163.31801. 5. Public Facilities: Indian River County water and sanitary sewer facilities will be extended to the site as well as roadway improvements within the County right-of-way. All public facilities will be constructed by the Developer and dedicated to the County prior to Certification of Completion. 6. Dedications: The project will dedicate to the County +/- 3,534 SF of dedication on 16th Street and +/- 4' for 335' on 98th Avenue along the proposed right turn lane onto 12th Street. The dedicated property will be used for public right-of-way purposes. Dedication