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DEVELOPER'S AGREEMENT U a rl THIS AGREEMENT ("Agreement") is made and entered into this 16th day of September , 2008 , by and between Indian River County, a political subdivision of the State of Florida ("County") , and Del Lago , Inc. , a Georgia Corporation (" Developer") , having its principal office at 3131 Naples Drive N . E . , Atlanta , GA 30305 : WHEREAS , Developer intends to develop a parcel of property on Indian River County Road 512 between 108th Avenue and 107th Court (" Project Site") ; and WHEREAS , the County desires to acquire additional right-of-way from Developer along 108th Avenue for roadway and drainage improvements ; and WHEREAS , Developer is willing to dedicate additional right-of-way to the County under the terms and conditions stated herein ; and WHEREAS , the County and the Developer share mutual goals and assist each other with respect to right-of-way acquisitions , roadway and drainage improvements , and other improvements described herein ; NOW, THEREFORE , in consideration of the mutual terms , conditions , covenants and premises stated herein , and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the County and the Developer hereby agree as follows : 1 . Recitals . The foregoing recitals are incorporated as if fully stated herein . 2 . Dedication . In conjunction with its development of the Project Site , and provided all of the other terms and conditions of this Agreement are satisfied , the Developer shall , prior to site- plan release , dedicate to Indian River County the following described right-of--way: See Exhibit "A" attached hereto and made a part hereof (the " R-O-W Property") County agrees that from and after the date of closing it will provide full movement access , (right- turn and left-turn in-and -out) from 1081 Avenue into Developer' s site without a center median or with a center median cut. 3 . Abandonment. The County acknowledges the Developer has submitted an application to abandon a portion of 107th Court between County Road 512 south to 94th Street, bearing Application No . 62006 , and File No . ROW-08=08-02 ("Application for Abandonment") . In consideration for the dedication of right-of-way by the Developer described above , the County agrees to grant the Application for Abandonment in favor of the current adjacent owners of the existing right-of-way over the real property described in Exhibit " B , " attached hereto and made a part hereof. In conjunction therewith , the County shall not retain an easement for utility services and shall agree to permit a driveway or curb cut from County Road 512 into the abandoned portion of 107th Court to be used by the adjacent property owners in the future . 4 . Agreement to Proceed . The County will move forward as soon as practicable with its approval of the Application for Abandonment , and the Developer will move forward with its application for site plan approval and dedication of right-of-way, both parties recognizing that it is in their best interest for the dedication and the abandonment to occur simultaneously. 1