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DEVELOPER' S AGREEMENT BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> TOUSA HOMES INC. FOR HERITAGE GROVE SUBDIVISION <br /> THIS AGREEMENT, entered this 3rd day of Apr i 1 2007, by and between <br /> INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1840 25th <br /> Street, Vero Beach, Florida, 32960 hereafter called COUNTY and TOUSA HOMES INC. , 123 <br /> NW 13th Street, Suite 300, Boca Raton, Florida 33432 , hereafter referred to as the DEVELOPER. <br /> WITNESSETH <br /> WHEREAS, the DEVELOPER has applied to develop a residential development to be <br /> known as HERITAGE GROVE on approximately 19 acres of land on OSLO ROAD in Indian River <br /> County, Project Number 2004030162, the legal description is attached as Exhibit "A" and <br /> incorporated herein by reference, and; <br /> WHEREAS, the COUNTY is planning to make improvements to Oslo Road in the verynear <br /> future; and <br /> WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to the <br /> improvements to Oslo Road, specifically, a left turn lane accessing the Heritage Grove Development; <br /> and <br /> WHEREAS, as a result of their development, Developer would be required to plan, construct <br /> and install a west bound left turn lane along the south side of Oslo Road to provide access to the <br /> subdivision; and <br /> WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through <br /> a joint effort that will transfer responsibility of constructing the turn lane from Developer to the <br /> County. <br /> THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and <br /> premises hereinafter, the COUNTY and DEVELOPER agree as follows: <br /> 1 . The above recitals are affirmed as being true and correct and are thereby incorporated <br /> herein. <br /> 2 . The County has current plans to widen and improve Oslo Road directly in front of <br /> Developer' s Subdivision in the near future. If the County would require Developer to <br /> construct the turn lane to access the subdivision at this time, the turn lane would be removed <br /> during the construction of improvements to Oslo Road. Rather than have Developer <br /> Cf\Documents and Settings\lnnarino\Local Settings\Temporary Internet Fires\OLK2E\Heritage Grove Developer Agreennent.doc <br />