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r <br /> ' C <br /> WHEREAS , the County Right-of-Way provides access only to Grand Harbor DRI and <br /> the Luther Parcel ; and <br /> WHEREAS , upon Grand Harbor ' s acquisition of the Luther Parcel , and the Luther <br /> Parcel becoming part of the Grand Harbor DRI, the County Right-of-Way will no longer be <br /> needed for public right-of-way; and <br /> WHEREAS , Grand Harbor desires to acquire the County Right-of-Way from the <br /> County; and <br /> WHEREAS , the County is desirous of obtaining from Grand Harbor for road right-of- <br /> way purposes that property more particularly described and depicted in Exhibit "E " hereto (the <br /> "Developer Property") ; and <br /> WHEREAS , after advertising the terms and conditions of the exchange once a week for <br /> two weeks, in accordance with the requirements of Section 125 . 37 , Florida Statutes, the Board of <br /> County Commissioners of Indian River County, Florida met in regular session on April 1 , 2003 <br /> and adopted a resolution authorizing the appropriate County officers and officials to execute this <br /> Agreement and all documents necessary to effect the exchange of the County Right-of-Way for <br /> the Developer Property in accordance with the terms of this Agreement; and <br /> WHEREAS , Grand Harbor has provided the County with an environmental assessment <br /> report for land which includes the Developer Property; and <br /> WHEREAS , the parties desire to enter into this Agreement to set forth the terms and <br /> conditions of said exchange of the County Right-of-Way and the Developer Property. <br /> NOW, THEREFORE, in consideration of the mutual terms , conditions , promises , <br /> covenants and premises hereinafter, the County and Grand Harbor agree as follows : <br /> MI-srv01\DARELLIP\401987v12\8m6b12! . DOC\3/13/03\243 80.0 10 100 <br /> 2 <br />