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Ile 41 aka ay Mtel s z� r xd„ jL 'F 9 o- ?IInI, . 4 v 't r ,x t, 3 ,�>.;N,s .. j r r r,It 41 �*�s ee WHEREAS , the County has initiated code enforcement action against Vero South for failing to effectuate repair of the culvert in Indian River Code Enforcement Case #2011 - 110012 which is currently pending before the Indian River County Code Enforcement Board ; and WHEREAS , Vero South has notified the County that all of the Board of Directors of the Vero South Property Owner ' s Association have resigned and no current owners have volunteered to serve on the Board . Further, the current President of the Board has informed the County that she is going to turn the Property Owner ' s Association over to a receiver and also resign from the Board ; and WHEREAS , the tenants of the Barkett Property are experiencing a reduction in income due to the reduced access to their businesses ; and WHEREAS , in order to prevent substantial losses to the businesses in the Barkett Property and to provide safe access to the Vero South residents, the culvert needs to be removed and replaced . (the Project) . The County has the equipment and experience needed to complete the Project in an expedient timeframe to the benefit of the tenants of the commercial and residents of the townhomes ; WHEREAS , the approximate cost of Project is $ 22 , 000 . 00 ; and WHEREAS , the Barketts have agreed to fund 50% of the construction of the Project up to $ 11 , 000 . 00 and assist in collection of the total cost of the Project ; and WHEREAS , both the County and the Barketts can mutually benefit each other through a joint effort that will provide for an efficient, prompt repair of the culvert and driveway . THEREFORE , in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the County and the Barketts agree as follows : 1 . The above recitals are affirmed as being true and correct and are thereby incorporated herein . 2 . The County agrees to plan , design, permit and construct the Project located at 2015 Oslo Road . The County shall construct the Project in accordance with all applicable codes , permit requirements and good construction practices . The County shall be responsible for all maintenance of traffic and construction inspection . 3 . It is estimated that the cost of the project will be twenty two thousand dollars ($22 , 000) . In order to expedite construction of the project, the Barketts agree to contribute the sum of eleven thousand dollars ($ 11 , 000) to the County, payable within ten days of the approval of this agreement by the Board of County commissioners . 4 . The County shall continue to diligently prosecute its existing code enforcement case against FAAttorney\Bill\Developers AgreementsTarkett South Vero Culvert Repair Agreement. doc t 7777777777 ,� z