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WHEREAS, the County has reviewed and approved Fellsmere 392's traffic impact <br />analysis based on the maximum traffic projected to be produced on the Property by land uses <br />allowed by the City of Fellsmere to Fellsmere 392, and the County has determined that the <br />project at the maximum traffic projected to be produced by the land uses allowed to the Property <br />by the City of Fellsmere meets County traffic requirements; and <br />WHEREAS, the County acknowledges that its review of the Project for traffic impacts <br />based on the maximum traffic projected to be produced by the land uses allowed to the Property <br />by the City of Fellsmere is complete and that any further review, fee collection, and approval <br />related to traffic generation, service, impact fees (County or City of Fellsmere), fair share <br />agreement, proportionate share agreements or other costs or agreements related to utilization of <br />the County road system except the costs or items set out in this Agreement and the issuance of <br />right-of-way permits for connection of the project to CR -512, will be collected or performed by <br />the City of Fellsmere; and <br />WHEREAS, except for the requirements set out in this Agreement the County represents <br />and warrants to Fellsmere 392 that sole local jurisdiction for future land use approvals for <br />development of the Property lies with the City of Fellsmere and by entering this Agreement <br />Fellsmere 392 is relying upon the representation and warranty of the County; and <br />WHEREAS, The County has determined that the project with traffic at the maximum <br />traffic projected to be produced by the land uses allowed to the Property by the City of <br />Fellsmere, contingent upon receipt, review and approval by the County of complete and correct <br />applications by Fellsmere 392 for right of way permits to construct or use the projects driveways, <br />is qualified to receive the right of way permits to connect to CR -512, and <br />WHEREAS, this agreement between the parties requires the County to construct three <br />driveways within CR -512 right-of-way, to wit: at 104th Avenue, 106th Avenue and 108th Avenue <br />Page 2 of 10 <br />