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00 <br /> "w ORIGINAL <br /> AGREEMENT a q q S <br /> BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> HARRY A. and CECELIA A. KLIMAS <br /> AND <br /> ALBERT J. and STEPHANIE P. KLIMAS <br /> FOR THE CONSTRUCTION OF OFF-SITE UTILITIES <br /> THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of <br /> Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY") and <br /> HARRY A. KLIMAS and CECELIA A. KLIMAS , HUSBAND AND WIFE , AS TO AN UNDIVIDED % <br /> INTEREST, and ALBERT J. KLIMAS and STEPHANIE P . KLIMAS, HUSBAND AND WIFE, AS TO <br /> AN UNDIVIDED '/Z INTEREST , whose address is 7412 US 1 , Vero Beach, FL 32967 (hereinafter the <br /> "DEVELOPER") is effective upon execution by the second of the two parties . <br /> WHEREAS , the DEVELOPER, in conjunction with the construction improvements Oak Island Development <br /> Phase III, is providing water and wastewater facilities to serve the subject property located at the east side of US <br /> Highway # 1 , north of 73rd Street and more specifically described in Exhibit "A" ; and <br /> WHEREAS , pursuant to Section 918 . 05 , The Code of Indian River County (Ordinance 90- 16 , as amended) , <br /> the COUNTY , requires the DEVELOPER to provide the utility improvements to serve the regional area, and <br /> agrees to reimburse the DEVELOPER, as provided herein, for the cost of providing these off-site utilities , <br /> NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and <br /> valuable consideration, the COUNTY and DEVELOPER agree as follows : <br /> 1 . OFF-SITE UTILITIES : <br /> The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian River <br /> County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the off-site <br /> utilities as outlined below : <br /> A . Regional Gravity Sewer System: <br /> The DEVELOPER shall furnish and install approximately 1 , 500 LF of 8 -inch diameter gravity sewer and <br /> associated manholes to serve five (5 ) properties on US 1 north of 73rd Street on the east side of US 1 as <br /> shown on Exhibit "C . " <br /> Reimbursement : Following the DEVELOPER ' s payment of Capacity Charges , the COUNTY shall <br /> reimburse the DEVELOPER based on an itemized invoice of the installed material on a complete basis <br /> after the above-referenced facilities are dedicated to and accepted by the COUNTY . The funds to <br /> reimburse the DEVELOPER shall derive from the connection charges of other properties that use the <br /> constructed lines and facilities based on their share of the hydraulic capacity used. The COUNTY ' s <br /> obligation to make reimbursement to DEVELOPER shall expire five (5 ) years from the date of this <br /> Agreement . <br /> Reimbursement shall be in the form of check from the COUNTY , and shall not exceed the amount of <br /> $ 127 ,490 . 60 (see attached Exhibit B) . <br /> Page 1 of 6 <br /> F \UTILITIES\UTILITY - ENGINEERING\PROJECTS . UTILITY CONSTRUCTION PERMITS\MULLER HOMES UCP #230MI)EVELOPERS AGREEMENT - MULLER KLEMAS OFF-SITE UTILITIES JUNE 15, 2004.DOC <br />