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This document prepared by and return to : 9/3/03wcg(PWD)jwd Indian River County Public Works Department 18402 51h Street Vero Beach, Fl. 32960 site' s entire frontage ; relocation of utility poles and lines ; and accommodation of 131' Street SW right-of-way drainage in the subdivision stormwater management system, as indicated on Attachment B incorporated by reference herein. These improvements shall be completed by DEVELOPER without cost to COUNTY . (a) The design of 13th Street SW extension will include an alternative to extend it to DEVELOPER' S site's west project limits (the preferred alternative), or to extend it approximately 100 ft . past the proposed entrance road for the proposed subdivision. DEVELOPER and COUNTY understand that sufficient right-of-way width on 13th Street SW, west of DEVELOPER' S site , must be obtained from other property owners . At the present time , if the road is built to DEVELOPER' S west property line, the required transition from the new alignment to the existing dirt road alignment cannot be accommodated. If COUNTY obtains the additional right-of-way to the west of DEVELOPER' S site (from the proposed Diamond Lakes Subdivision) prior to the commencement of the paving work, then DEVELOPER agrees to complete the road construction ready for pavement to the west property line of DEVELOPER ' S site at DEVELOPER ' S cost. If additional property for right-of-way is not obtained by COUNTY, DEVELOPER shall complete the road construction ready for pavement 100 ' +/- past the entrance to the subdivision at DEVELOPER ' S cost. 3 . DEVELOPER will construct and pay for all the improvements within the right-of-way, except the asphalt, paving and striping/signage , which COUNTY will provide and construct (estimated cost is $ 15 , 000) . 4 . COUNTY will purchase the 10' of additional right-of-way adjacent to 13th Street SW from the DEVELOPER as indicated on Attachment B . The purchase price will be $ 6 ,923 . 68 for approximately . 3 acres . 5 . The paving shall occur within two years of the date of the Agreement. The DEVELOPER shall give the County two weeks notice to schedule asphalt paving . The COUNTY will complete the paving within 45 days of certifying that the road is acceptable for pavement. 6 . In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs . 7 . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . C -Mmiments and Settings\TRamm\Mv Dncuments\wnrdfiles\Flnrida\T 2 T akes\Fnnr T akes.devl dnc