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i i 3 o <br /> 1722535 <br /> THIS DOCUMENT HAS BEEN RECORDED <br /> IN THE PUBLIC RECORDS OF <br /> INDIAN RIVER COUNTY FL <br /> This document prepared by BK : 1988 PG : 765 , Pagel of 13 <br /> Bruce Barkett, Esq . 01 /27/2006 at 04 :06 PM , <br /> Collins, Brown, Caldwell , Barkett and <br /> Garavaglia, Chartered JEFFREY K BARTON , CLERK OF <br /> COURT <br /> 7Beachland Blvd . <br /> V ` Beach , Florida 32963 <br /> C', 3 <br /> DEVELOPER' S AGREEMENT BETWEEN <br /> 3 INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> DIVOSTA HOMES, L.P. <br /> FOR WATERWAY VILLAGE <br /> THIS AGREEMENT is made and entered into this 13th day of r) PcpmhPr , 2005 , by and <br /> V between Indian River County, Florida, a political subdivision of the State of Florida, 1840 25 'h Street, <br /> Vero Beach, Florida 32960 ("County") , and DiVosta Homes , L . P . , a Delaware Limited Partnership , 4500 <br /> PGA Blvd . , Suite 400 , Palm Beach Gardens, Florida 33418 ("Developer") . <br /> WITNESSETH <br /> WHEREAS , the Developer proposes to develop a residential community , located north of 49'h <br /> Street and east of 58'h Avenue in Indian River County, to be known as Waterway Village , to include up to <br /> 1 ,596 residential dwelling units, community recreation improvements , and up to 20 ,000 square feet of <br /> neighborhood commercial uses , together constituting a Development of Regional Impact ("DRI") on real <br /> property legally described on Exhibit "A" attached hereto and made a part hereof, and <br /> WHEREAS , the County, pursuant to Chapter 380 Florida Statutes , adopted Resolution 2004- 137 <br /> ("Development Order") approving Waterway Village as a DRI and Planned Development project on <br /> November 9 , 2004 ; and <br /> WHEREAS , the County and the Developer share mutual goals and can assist each other with <br /> respect to right-of-way acquisition, roadway and drainage improvements , intersection improvements , and <br /> other improvements described in the Development Order and required by the Planned Development ; and <br /> WHEREAS , the Development Order limits the number of building permits which will be issued <br /> for Waterway Village before provision is made to accomplish certain intersection improvements and other <br /> required improvements ; and <br /> WHEREAS , the Development Order specifies that provision for the accomplishment of the <br /> intersection improvements and required improvements may be made by, among other methods , a local <br /> government developer' s agreement ; and <br /> WHEREAS , Indian River Farms Water Control District ("District") possesses rights -of-way which <br /> traverse Waterway Village , and which the District is willing to release for the benefit of the Developer ; <br /> and <br /> Page 1 of 8 <br />