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DEVELOPER' S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA ao o AND SUN SKY USA, LLC THIS AGREEMENT, entered this 13thdayof June 2006, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 251h Street, Vero Beach, Florida, 32960, hereafter called COUNTY, and SUN SKY USA, LLC, 3885 41st Street, Vero Beach, FL 32960, telephone number (772) 567-7663 , hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to expand their existing industrial development on approximately 2 . 75 acres of land on the south side of 41s` Street, between 43 `d Avenue and 38s' Avenue in Indian River County, Project Number SP-MA-05-07-31 (2001010217), the legal description is attached as Exhibit "A" and incorporated herein by reference, and, WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to improvements on 41s` Street, and; WHEREAS, the COUNTY is planning to make improvements to 4I 't Street, and; WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed 41 " Street improvements. NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows : 1 . The above recitals are affirmed as true and correct and are thereby incorporated herein. 2. To accommodate increased traffic generated by the facility expansion at Sun Sky USA, a westbound, left turn lane is needed on 41 " Street at the property' s entrance. The COUNTY' S 41 B' Street improvements project includes this turn lane. The DEVELOPER' S fair share cost for construction of the turn lane by the COUNTY is $ 42. 763 . 00. The DEVELOPER shall pay to the COUNTY this sum prior to issuance of a certificate of occupancy, as a contribution for construction of the 41 " Street improvements project . 3 . The COUNTY shall be responsible for all construction coordination including advertisement for bids, contractor selection and construction inspection. 4 . In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 5 . No amendment, modification, change, or alteration of this Agreement shall be valid or binding �i