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<br />FIRST AMENDED DEVELOPER AGREEMENT BETWEEN oQ 13 _ �
<br />INDIAN RIVER COUNTY, FLORIDA
<br />AND
<br />CRF -PANTHER IX, LLC
<br />THIS AGREEMENT, entered into this 17th day of jl1nP 2008, by and between
<br />INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th
<br />Street, Vero Beach, Florida, 32960, hereafter called COUNTY, and CRF -PANTHER IX, LLC,
<br />500 South Florida Avenue, Suite 700, Lakeland, Florida 33801, hereafter referred to as
<br />DEVELOPER.
<br />WITNESSETH
<br />WHEREAS, the DEVELOPER has applied to develop a commercial development
<br />to be known as Century Town Center, consisting of 99,819 square feet of retail (the
<br />PROJECT) to be built on the south side of State Road 60, west of 58th Avenue in Indian
<br />River County, Project Number 06-07-31/2004060358, the legal description is attached as
<br />Exhibit A and incorporated herein by reference; and,
<br />WHEREAS, the COUNTY and the DEVELOPER entered into a Developer
<br />Agreement on January 9, 2007, (Original Agreement) providing for certain
<br />improvements to be made to the intersection of College Lane and 58th Avenue, and
<br />DEVELOPER -funded monetary contributions toward intersection improvements at State
<br />Road 60 and 58th Avenue, and 16th Street and 58th Avenue; and,
<br />WHEREAS, one of the conditions of the Original Agreement is for the DEVELOPER
<br />to construct a 2nd left turn lane on eastbound College Lane approaching 58th Avenue;
<br />and,
<br />WHEREAS, to construct the 2nd left turn lane, several Florida Power and Light poles
<br />will need to be relocated; and,
<br />WHEREAS, the COUNTY is planning to construct roadway improvements at the
<br />intersection of College Lane and 58th Avenue including the relocation of electrical
<br />utilities; and,
<br />WHEREAS, the COUNTY and the DEVELOPER share mutual concerns with respect
<br />to the relocation of the utility lines and poles at the intersection of College Lane and
<br />58th Avenue; and,
<br />WHEREAS, both the COUNTY and the DEVELOPER can mutually benefit through a
<br />joint effort that will share the cost of the relocation of the utility lines and poles near the
<br />intersection of College Lane and 58th Avenue.
<br />NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
<br />covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows:
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