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ownership evidenced by Deed recorded in Official Record Book 1983 , Page 365 , Public Records of Indian River County , Florida ; and WHEREAS , as to the property south of SR 510 ( the " Property South of 510" ) described in the Agreement , the County , the Developer , the Owner and their successors in interest , without approval by 510 , LLC , have made separate and distinct agreements to allow the Property South of 510 to be permitted and /or developed separate from the Property North of 510 ; and WHEREAS , with right-of-way contribution from the Property North of 510 as described in this Codicil , the County has acquired all right- of-way for SR 510 anticipated to be needed by the County for the construction of SR 510 east of U . S . Highway 1 , as anticipated by the Agreement ; and WHEREAS , pursuant to paragraph 2 . C , of the June 21 , 2005 Agreement , the County has agreed to hold hearings for the abandonment of 86th Street and 46th Avenue south of SR 510 , described in Exhibit 3 (the " Abandonment Property " ) ; and WHEREAS , Developer or its successor paid to the County $ 1 , 473 , 299 . 73 as required by paragraph 3 of the Agreement , to pay the proportionate share for the Property described in the Agreement , for " road improvement costs , " which includes the " road improvement costs " for the Property North of 510 ; and WHEREAS , the County , Developer and Owner have allocated to the Property South of 510 prepaid traffic impacts fees of not greater than 500 residential units and not greater than 90 , 000 square feet of commercial , or a mix of such residential /commercial uses ; and WHEREAS , by the Side Agreement to the Developer' s Agreement attached as part of Composite Exhibit 1 , the Developer and 5101 LLC , have allocated to the Property North of 510 , 12 residential units and 10 , 000 square feet of commercial , or - 2 -