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1 <br /> FIRST AMENDED DEVELOPER' S AGREEMENT BETWEEN -1 - 1 ` <br /> INDIAN RIVER COUNTY, FLORIDA47 <br /> n <br /> AND <br /> WOODSIDE TUSCANY, L.L.C. <br /> FOR TUSCANY LAKES SUBDIVISION <br /> THIS FIRST AMENDED AGREEMENT, entered this 19* day of . <br /> 2007, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State <br /> of Florida, 1840 25"i Street, Vero Beach, Florida, 32960, hereafter called COUNTY and Woodside <br /> Tuscany, L. L. C. , a Florida limited liability company, 2541 Metro Centre Boulevard, Suite 1 , West <br /> Palm Beach, Florida 33407, telephone number (561 ) 688-2020 , hereafter referred to as <br /> DEVELOPER. <br /> WITNESSETH <br /> WHEREAS , the parties entered into a Developer Agreement dated February 21 , 2006; and <br /> WHEREAS , the DEVELOPER has applied to develop a single family residential <br /> development to be known as Tuscany Lakes Subdivision on 59 acres of land located on the south <br /> side of 77th Street and west of 58th Avenue in Indian River County, Project Number SD-04- 11 -52 <br /> (2004050472-43084) , the legal description is attached as Exhibit "A" and incorporated herein by <br /> reference. and; <br /> WHEREAS, the original Developer Agreement addressed mutual concerns of the COUNTY <br /> and the DEVELOPER including improvements to 58th Avenue at 77th Street and at 45th Street; and <br /> WHEREAS, the initial estimate for construction of the improvements to 58th Avenue and <br /> 77th Street was $421 ,707 . 18; and <br /> WHEREAS, in order to accommodate a south bound turn lane on 58th Avenue, a 138 KV <br /> power pole and transmission line must be relocated from an existing Florida Power and Light <br /> Company easement. The cost of relocating this pole and line was not included in the initial estimate <br /> of the southbound turn lane construction; and <br /> WHEREAS , because of the turn lanes, it will be necessary to relocate the traffic signal pole <br /> at the intersection of 58th Avenue and 77th Street. The cost of relocating this pole and signal was <br /> not included in the initial estimate of the southbound turn lane construction; and <br /> WHEREAS , the estimated costs of moving the power pole, transmission line, signal pole <br /> and the associated engineering and construction is $ 110 , 840; and <br /> WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other by <br /> amending the Developer Agreement dated February 21 , 2006, through ajoint effort that will provide <br /> 1 <br /> C.\D000ME-1\bd1h\LOCALS— I \Temp\notes3F4396\"Tuscany Lakes Ist Amended Dev Agreement 12 28.doc <br />