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to which Fellsmere 392 will connect the Property to CR- 512 and in consideration thereof <br /> Fellsmere 392 will dedicate property which the County requires to improve CR- 512 by <br /> constructing intersection improvements ; and <br /> WHEREAS, Fellsmere 392 has submitted a pre-application to the City of Fellsmere of <br /> the enhanced right-of-way improvements planned by Fellsmere 392 ; and <br /> WHEREAS, as required by its annexation agreement, Fellsmere 392 will install and pay <br /> for the costs of the right- of-way enhancements, which include landscaping above County <br /> requirements as specified by the City of Fellsmere with the prior consent and approval of the <br /> County ; and <br /> WHEREAS, Fellsmere 392 agrees to grant a perpetual, non-exclusive access easement <br /> over the eastern side of Fellsmere 392 ' s property to allow the County access onto 104th Avenue <br /> north from CR-512 to a stormwater pond owned and maintained by the County for stormwater <br /> from the widened CR- 512 right-of-way ; and <br /> WHEREAS, the County will create an access easement for the northerly extension of <br /> 104th Avenue, a distance of approximately Three Hundred and Ninety Five (395 ) feet from the <br /> northerly edge of the expanded CR-512 right-of-way for the purposes of ingress and egress to the <br /> Property for Fellsmere 392 and for access to the storm water management lake for maintenance <br /> by the County ; <br /> NOW THEREFORE, it is agreed by and between the parties as follows : <br /> 1 . The premises stated above are true, correct and form a material part of this <br /> agreement. <br /> 2 . That the County has or will have jurisdiction over the right-of-way of CR-512 and <br /> has all governmental authority to regulate construction in the right of way and agrees to properly <br /> design ; process and issue driveway connection and utility right of way permits ; and construct the <br /> Page 3 of 10 <br />