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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 />