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8/4/03wcg(PWD)jwd <br /> ;A�Y <br /> DEVELOPER' S AGREEMENT BETWEEN <br /> . n , <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> SUNLAND DEVELOPMENT, INC. FOR <br /> DIAMOND LAKE SUBDIVISION — <br /> 13TH STREET SW PAVING AND RIGHT-OF-WAY ACQUISITION <br /> AND 9TH SW TURN LANE <br /> THIS AGREEMENT, entered this 9th day of September , 2003 , by and between <br /> INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25 `I' <br /> Street, Vero Beach, Florida, 32960 hereafter called COUNTY and Sunland Development, Inc . , 6823 <br /> Vista Parkway N. West Palm Beach, FL . 33411 , Attn : Frank Young, 561 -684-7500 , hereafter <br /> referred to as the DEVELOPER. <br /> WITNESSETH <br /> WHEREAS , the DEVELOPER has applied to develop a residential community to be known <br /> as Diamond Lake Subdivision on approximately 60 acres of land along 130' Street SW, in Indian <br /> River County, Project Number SD03 -03 - 12 2002 040141 -33327, the legal description is attached as <br /> Exhibit "A" and incorporated herein by reference, and ; <br /> WHEREAS , the COUNTY and DEVELOPER share mutual concerns with respect to right- <br /> of-way acquisition, utility pole relocation, drainage, and roadway improvements for 13d' Street SW <br /> along Diamond Lake Subdivision, Planned Development, and construction of a turn-lane along 9`h <br /> Street SW to serve the Development, and ; <br /> WHEREAS , both the COUNTY and DEVELOPER can mutually benefit each other through <br /> a joint effort that will provide for right-of-way acquisition, utility pole relocation, drainage and <br /> paving of 13 'h Street SW. <br /> NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants <br /> and premises hereinafter, the COUNTY and DEVELOPER agree as follows : <br /> 1 . The above recitals are affirmed as being true and correct and are thereby incorporated <br /> herein. <br /> 2 . Currently, the right-of-way width of 130' Street SW directly adjacent to DEVELOPER' S <br /> property is 30' wide . DEVELOPER shall convey without compensation to COUNTY, an <br /> additional 30' of right-of--way along 13th Street SW directly adjacent to the southerly <br /> CADocuments and Settings\Ryan Davis\Local Settings\Temporary Intemet Files\OLKC\Diamond Lake SD-Dev Agri .doc <br />