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AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA L AND TARMAC AMERICA, LLC FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY") and Tarmac America, LLC, the address of which is 455 Fairway Drive, Deerfield Beach, Florida 33441 , (hereinafter the "DEVELOPER") is effective upon execution by the second of the two parties . WHEREAS , the DEVELOPER, in conjunction with the construction improvements at TARMAC Gifford Concrete Batch Plant, is providing water facilities to serve the subject property located southwest of the intersection of the 53'd Street right of way and the Florida East Coast Railroad tracks, and more specifically described in Exhibit "A"; and WHEREAS , pursuant to Section 918 . 05 , The Code of Indian River County (Ordinance 9046 , as amended), the COUNTY, requires the DEVELOPER to provide the utility improvements to serve the regional area, and agrees to reimburse the DEVELOPER, as provided herein, for the cost of providing these off-site utilities, NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the COUNTY and DEVELOPER agree as follows : 1 . OFF-SITE UTILITIES • The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the off-site utilities as outlined below: A . Extension of an existing 12-inch Diameter Potable Water Main along the 53 `d Street riht-of-wafrom the east side of Old Dixie Highw4y Highwayto the west propgM line of the arcel presently owned by Community Asphalt Coro . ownership of which is to be transferred to Tarmac America LLC as part of a land swan agreement . The DEVELOPER shall furnish and install by means of j ack and bore 150± L.F. of 12-inch DIP water main inside a 24-inch diameter steel casing pipe beneath the existing roadway and railroad tracks and by means of open cut 690± L . F . of 12-inch PVC water main and appurtenances, including one fire hydrant along the South side of 53 `d Street, connecting to the existing water main on Old Dixie Highway approximately 880 feet east of the west property line of the project site . The DEVELOPER requires an 8 -inch diameter water main for fire service purposes. The COUNTY ' S Master Plan calls for a 12 -inch diameter water main to be installed at this location. The DEVELOPER shall pay the cost for the water main installation, and the COUNTY shall reimburse the DEVELOPER for the cost of increasing the size of the required water main from 8 -inch diameter to the 12 -inch diameter size called for in the COUNTY ' S Master Plan. See exhibit C for sketch of project. Reimbursement : Upon completion and acceptance by the COUNTY, the COUNTY shall reimburse the DEVELOPER based on an itemized invoice of the installed material on a complete basis . The COUNTY ' S reimbursement shall be in the form of a check from the COUNTY, and shall not exceed the amount of $30,533 (see attached Exhibit-B) . The DEVELOPER shall pay the costs associated with the installation of an 8 -inch water main extension (see attached Exhibit-B) . The DEVELOPER' S fee for this portion is $ 101 . 096 . F:\UTILITIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS\TARMAC AMERICA OFFSITE WATER MAIN UCP #2480\DEVELOPERS AGREEMENT-REV 1 . 130CPage 1 of 7