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AGREEMENT RECEIVED <br /> BETWEEN MAY 2 2 2003 <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> ROSEWOOD ROAD EAST DEVELOPMENT CORPORATION <br /> FOR THE CONSTRUCTION OF OFF-SITE UTILITIES <br /> THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State <br /> of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the <br /> "COUNTY") and Rosewood Road East Development Corporation the address of which is : P . O. Box 1779 <br /> Vero Beach, FL 32961 (hereinafter the DEVELOPER) is effective upon execution by the second of the two <br /> parties . <br /> WHEREAS , the DEVELOPER, in conjunction with the construction improvements at Old Savannah. , is <br /> providing water and wastewater facilities to serve the subject property located at 4950 16th Street, and more <br /> 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. 64nch Diameter Master Planned Sanitary Sewer Force Main along 16thStreet from 5811, Avenue east <br /> approximately 3 ,392 linear feet to the eastern boun a of the Old Savannah_propert <br /> The DEVELOPER shall furnish and install approximately 3 ,392 linear feet of sanitary sewer force main <br /> and associated appurtenances . Connection shall be made on the northeast comer of 58th Avenue and 16th <br /> Street, extend east along the south side of 16th Street and end at the eastern boundary of the Old <br /> Savannah property. (See Exhibit "C" for location and Exhibit "B" for cost tabulation). <br /> Reimbursement: The COUNTY shall reimburse the DEVELOPER based on an itemized invoice of the <br /> installed material on a complete basis — less 10% retainage, monthly, with final payment and release of <br /> retainage at the time the above referenced facilities are dedicated to and accepted by the County. <br /> Reimbursement shall be in the form of a check from the COUNTY, and shall not exceed the amount of <br /> $ 155 .082 . 26 (see attached Exhibit B). <br /> Page 1 <br />