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,. o AGREEMENT 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 1801 27th Street, Vero Beach, Florida 32960 (hereinafter the COUNTY") and, JESSE ROLAND AND CATHERINE MICHELLE BARTON=ROLAND whose address is 7760 92nd Court, Vero Beach, Florida 32967 and JONATHAN BLAKE GOWEN AND DEBBIE SUE GOWEN whose address is 7805 92°d Court, Vero Beach, Florida 32967, (hereinafter Roland and Gowen shall be referred to as the DEVELOPER) is effective upon execution by all parties. WHEREAS the DEVELOPER is desirous of obtaining County drinking water at its residences: and WHEREAS the county owns and maintains a water line that runs along 79th Street annroximately 800 feet to the north of Developer' s residences: and WHEREAS, the DEVELOPER, is willing, to construct the needed improvements necessary in order to bring mmmmmmmmm County water service to its residences located at 7760 and 7805 92nd Court, Vero Beach, Florida, and in so doing, will make County water service available to 10 other residences along 92°d Court, as more specifically described inExhibit "A" incgMorated by reference herein, and WHEREAS;•pdrsuant to Section 918 .05 , The Code of Indian River County (Ordinance 90- 16, as amended), the COUNTY, requires the DEVELOPER to provide the utility improvements to serve the regional area up front, and,,aees 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 . DEVELOPER OBLIGATIONS FOR CONSTRUCTION OF OFF-SITE UTILITIES : The DEVELOPER shalt construct the necessary off-site utilities described herein as directed by the Indian River County Utilities Department as listed below: A. 6" Water Main (Part of Master Plan) : The DEVELOPER shall furnish and 4 install a 6" PVC Water Main along the Western Right of Way of 92nd Court from 79th Street to 78th Place (see Exhibit "B"). B . Assignability: Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely, transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY . LC C Construction Plans Technical Specifications and Contract Documents : The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit to the Indian River County Utilities Department and Florida Department t F:\UTjImTMS\UTRM - ENGINEERINO\PROJECTS • UTILITY CONSTRUCTION POWTS\92ND COURT WATER MAIN EXTENSION - UCP# 3172\DEVELOPEWS AGREB&NT-APPROVED BY WXD.09-13- 12•JRR.DOC - 1 -