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This document prepared by and return to: 2/ 19/03Developer's Agreement <br /> Indian River County GHO VERO BEACH VIII, INC. CORP . <br /> Public Works Department <br /> 184025 1h Street <br /> Vero Beach, Fl. 32960 <br /> approval of the construction of the 33rd Street drainage and paving improvements . The <br /> COUNTY shall upon receipt of title to all the necessary right-of-way notify DEVELOPER in <br /> writing of its timely receipt of such property. Upon receipt of such notice DEVELOPER <br /> shall have 120 days to design, acquire the necessary permits and prepare and submit a total <br /> cost estimate to be agreed to in writing by the COUNTY. The COUNTY shall review and <br /> approve/revise the design, as agreeable to the DEVELOPER. Additionally, upon permitting <br /> of the 33rd Street drainage and paving improvements, DEVELOPER shall provide a Letter of <br /> Credit, cash bond, or other like security for a term of 12 months or until the road is complete, <br /> which ever occurs first in the amount of 50% of the total agreed upon cost of such <br /> improvements in order to provide the COUNTY a guarantee of DEVELOPERS ability to pay <br /> for its share of the drainage and paving improvements . If the COUNTY determines that the <br /> cost is excessive, the COUNTY may construct 33rd Street with COUNTY crews and both <br /> COUNTY and DEVELOPER shall fund 50% of the cost. <br /> The COUNTY shall work diligently to acquire all needed right-of-way for the 33rd Street <br /> paving and drainage project at the COUNTY'S cost, with no cost sharing or reimbursement <br /> by DEVELOPER. If the COUNTY has not acquired the right-of-way necessary to complete <br /> the 33rd Street paving and drainage project prior to DEVELOPER receiving a Certificate of <br /> Completion for the Final Phase of the Trillium project, DEVELOPER shall have no <br /> obligation or requirement to proceed with 33rd Street paving and drainage project under this <br /> agreement, or to share in the cost of any improvements to 33rd Street initiated by the <br /> COUNTY, except under the usual COUNTY special assessment programs, whereby a valid <br /> petition is received by property owners along 33rd Street. <br /> Unless the DEVELOPER agrees in writing, a certificate of completion shall not be withheld <br /> or delayed by the COUNTY for Trillium, nor shall the COUNTY delay approval of the Final <br /> Plat of Trillium, due to any portion of the 33rd Street improvements not being completed . <br /> 5 . The DEVELOPER shall provide Indian River COUNTY with stormwater storage capacity <br /> necessary to satisfy the stormwater requirements for the portion of 66th Avenue between 26th <br /> Street and 33rd Street. As the stormwater retention system for the Trillium project, as <br /> currently designed, has no additional capacity available, and any capacity will be the result of <br /> design changes that will likely result in the loss of a building lot(s) , the purchase price to be <br /> F:\PubHe Works\Rebecca\SfFE PLANS\Developer's Agreements\GHO-Allium Developers Agreement.doc <br />