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I t DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY FLORIDA AND SHELBY HOMES AT MILLSTONE, INC. FOR MILLSTONE LANDING PLANNED DEVELOPMENT SITE ACCESS AND STORMWATER MANAGEMENTIMPROVEMENTS THIS AGREEMENT, entered this 1 ? t_ h day ,Zi ! , 2005 , by and between INDIAN RIVER COUNTY , FLORIDA a political subdivision of the State of Florida , 1840 25th Street , Vero Beach , Florida , 32960 hereafter called COUNTY and SHELBY HOMES AT MILLSTONE , INC. , the address of which is 6363 NW 6th Way, Suite 250 , Ft . Lauderdale , FL 33309 , hereafter referred to as the DEVELOPER . WITNESSETH WHEREAS , the Developer proposes to develop a residential community to be known as Millstone Landing on a 300 acre +/- site situated southwest of the intersection of 27th Avenue and 17th Street SW, ( Indian River County Project Number PD-04-04-08 [2003100068-45193]) (the " Project") which is legally described on Exhibit "A" attached hereto and incorporated herein by reference ; and WHEREAS , the COUNTY and DEVELOPER share mutual goals and can assist each other with respect to right-of-way acquisition , roadway improvements , site access , and drainage improvements to 21St Street SW; 17th Street SW and 27th Avenue as well as several County thoroughfare intersection improvements ; and . WHEREAS , the County has committed to funding several County thoroughfare intersection improvements , and ; WHEREAS , the Indian River Board of County Commissioners during a public hearing , granted their approval to the Conceptual Planned Development Plan known as "Millstone Landing " on October 19 , 2004 . NOW, THEREFORE , in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter, and other good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , the County and Developer agree as follows : 1 . Recitals : The foregoing recitals are hereby incorporated as if fully restated herein . 2 . Right-Of Way Acquisition : Indian River County' s ultimate right-of-way for 27th Avenue as listed in the Comprehensive Plan Thoroughfare Plan is 130 feet. Developer shall dedicate to the County by deed or other instrument right-of--way along the project's 27th Avenue frontage lying west of and within 65' of the Section Line .