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8/ 1 /03PWDjwd(wdb) Trillium Subdivision AMENDMENT O TO THE DEVELOPER' S AGREEMENT BETWEEN GHO VERO BEACH VIII, INC . AND INDIAN RIVER COUNTY, FLORIDA Pursuant to the Developer ' s Agreement dated the 4th day of March, 2003 , by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and GHO VERO BEACH VIII , INC . , a Florida Corporation, 5670 Corporate Way, West Palm Beach, Florida, 33407 , hereinafter referred to as the DEVELOPER, this AMENDMENT is an extension of and hereby becomes a part of the DEVELOPER' S AGREEMENT as follows : Original Paragraph 4 is deleted and Revised Paragraph 4 is inserted as follows : Revised Paragraph 4 Prior to the issuance of the Certificate of Completion of the Land Development Permit for Phase 3 of The Trillium Project, the DEVELOPER shall pay to the COUNTY the sum of $ 50 , 000 for the design, permitting, and construction of 33 `d Street along the approximate 1 , 300 lineal feet frontage of the Trillium as shown on Exhibit A attached and incorporated by reference herein. The COUNTY shall have six years from the date of payment to acquire the necessary right-of-way and construct the paved road . If right-of-way acquisition and paving is not complete within 6 years from payment, the funds shall be returned to DEVELOPER at DEVELOPER ' S request and DEVELOPER shall have no further obligation for funding the 33 `d Street paving improvements . If the cost of designing, engineering, permitting, and construction of the paved road (33rd Street) with drainage is more than $200 , 000 , no funds shall be returned to DEVELOPER. In the event that the cost of designing, engineering, permitting, and construction of the paved road with drainage is less than $ 200 , 000 , the COUNTY will refund to DEVELOPER 25 % of the difference between the final cost of construction of the road and $200 , 000 . Original Paragraph 5 is deleted and Revised Paragraph 5 is inserted as follows : Revised Paragraph 5 . The DEVELOPER shall provide Indian River COUNTY with stormwater storage capacity necessary to satisfy the stormwater requirements for the portion of 66th Avenue between 26th Street and 33 `d Street. The stormwater retention system for the Trillium project as currently designed has no additional capacity available , and any additional capacity will be the result of design changes that will likely result in the loss of green space but