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z <br /> 21f 112004wkd(PWD)jwd <br /> DEVELOPER' S AGREEMENT BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> LEGEND LAKES <br /> THIS AGREEMENT, entered this 16thday of March , 20047 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 Smigiel Partners XII, LTD. , P. O . <br /> Box 540623 , Lake Worth, FL 33454 hereafter referred to as the DEVELOPER. <br /> WITNESSETH <br /> WHEREAS, the DEVELOPER has applied to develop a residential community to be known <br /> as Legend Lakes Subdivision on approximately 80 acres of land along the north side of Oslo Road <br /> between 43 `d Avenue and 58`h Avenue, in Indian River County, Project Number PD-01 -01 -03 , the <br /> legal description is attached as Exhibit "A" and incorporated herein by reference, and ; <br /> WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to right- <br /> turn lane roadway/entrance improvements necessary along Oslo Road to accommodate project traffic <br /> volumes, and; <br /> WHEREAS, the COUNTY is planning to expand Oslo Road from two lanes to four lanes in <br /> the near future along the Legend Lakes frontage, and; <br /> WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through <br /> a joint effort that will share the cost of the proposed Oslo Road improvements . <br /> NOW , THEREFORE, in consideration ofthe mutual terms, conditions, promises, covenants <br /> and 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 /> l <br /> herein. ' <br /> 2 . In order to accommodate traffic into Legend Lakes, DEVELOPER would be required to <br /> install a right turn lane on Oslo Road at the entrance to Legend Lakes. The COUNTY <br /> recently decided to expand Oslo Road from two lanes to four lanes along DEVELOPER' S <br /> southern property boundary so any traffic improvements made by DEVELOPER would be <br /> used for a short time and then destroyed in the expansion of Oslo Road. Instead of the <br /> DEVELOPER constructing the site related right-turn lane and entrance within Oslo Rd . <br /> right -of-way as a stand alone project, the DEVELOPER shall pay to the COUNTY the <br /> Z • d UNAOS M3HIIHW e60 : 60 �P0 60 Jew <br />