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AGREEMENT <br /> BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA L <br /> AND <br /> TARMAC AMERICA, LLC <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") <br /> and Tarmac America, LLC, the address of which is 455 Fairway Drive, Deerfield Beach, Florida 33441 , <br /> (hereinafter the "DEVELOPER") is effective upon execution by the second of the two parties . <br /> WHEREAS , the DEVELOPER, in conjunction with the construction improvements at TARMAC Gifford <br /> Concrete Batch Plant, is providing water facilities to serve the subject property located southwest of the <br /> intersection of the 53'd Street right of way and the Florida East Coast Railroad tracks, and more <br /> specifically described in Exhibit "A"; and <br /> WHEREAS , pursuant to Section 918 . 05 , The Code of Indian River County (Ordinance 9046 , as <br /> amended), the COUNTY, requires the DEVELOPER to provide the utility improvements to serve the regional <br /> area, and agrees to reimburse the DEVELOPER, as provided herein, for the cost of providing these off-site <br /> 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 <br /> River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the <br /> off-site utilities as outlined below: <br /> A . Extension of an existing 12-inch Diameter Potable Water Main along the 53 `d Street riht-of-wafrom <br /> the east side of Old Dixie Highw4y Highwayto the west propgM line of the arcel presently owned by Community <br /> Asphalt Coro . ownership of which is to be transferred to Tarmac America LLC as part of a land swan <br /> agreement . <br /> The DEVELOPER shall furnish and install by means of j ack and bore 150± L.F. of 12-inch DIP water <br /> main inside a 24-inch diameter steel casing pipe beneath the existing roadway and railroad tracks and <br /> by means of open cut 690± L . F . of 12-inch PVC water main and appurtenances, including one fire <br /> hydrant along the South side of 53 `d Street, connecting to the existing water main on Old Dixie <br /> Highway approximately 880 feet east of the west property line of the project site . <br /> The DEVELOPER requires an 8 -inch diameter water main for fire service purposes. The COUNTY ' S <br /> Master Plan calls for a 12 -inch diameter water main to be installed at this location. The DEVELOPER <br /> shall pay the cost for the water main installation, and the COUNTY shall reimburse the DEVELOPER <br /> for the cost of increasing the size of the required water main from 8 -inch diameter to the 12 -inch <br /> diameter size called for in the COUNTY ' S Master Plan. See exhibit C for sketch of project. <br /> Reimbursement : Upon completion and acceptance by the COUNTY, the COUNTY shall reimburse <br /> the DEVELOPER based on an itemized invoice of the installed material on a complete basis . The <br /> COUNTY ' S reimbursement shall be in the form of a check from the COUNTY, and shall not exceed <br /> the amount of $30,533 (see attached Exhibit-B) . The DEVELOPER shall pay the costs associated <br /> with the installation of an 8 -inch water main extension (see attached Exhibit-B) . The DEVELOPER' S <br /> fee for this portion is $ 101 . 096 . <br /> F:\UTILITIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS\TARMAC AMERICA OFFSITE WATER <br /> MAIN UCP #2480\DEVELOPERS AGREEMENT-REV 1 . 130CPage 1 of 7 <br />