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<br /> FIRST AMENDED DEVELOPER AGREEMENT BETWEEN oQ
<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 581h 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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