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/ ate / to <br /> 17 A . <br /> AGREEMENT BETWEEN <br /> GROVE LAND UTILITIES , LLC <br /> AND <br /> INDIAN RIVER COUNTY, FLORIDA <br /> THIS AGREEMENT is made and entered into this 23 day of March , 2010 , by <br /> and between the Indian River County Board of County Commissioners , and Grove Land <br /> Utilities , LLC , a Florida limited liability company (hereinafter referred to as "Grove Land") (each <br /> a "Party" and collectively the "Parties") . <br /> RECITATIONS <br /> 1 . On or about September 11 , 2009 , Grove Land filed an application before the <br /> Florida Public Service Commission ("FPSC ") for the certification of a public utility with <br /> territory in St . Lucie County, Indian River County and Okeechobee County, PSC Docket No . <br /> 090445 -WS (the "Application") . <br /> 2 . On or about October 7 , 2009 , Indian River County ("Indian River") filed an <br /> objection to the Application with the FPSC , attached hereto as Exhibit "A" , raising certain <br /> concerns as set forth therein . <br /> 3 . The Parties hereto desire to enter into this Agreement to resolve Indian River' s <br /> concerns with respect to the Application . <br /> NOW, THEREFORE , for and in consideration of the mutual promises , covenants, <br /> representations , and warranties entered into between the Parties , and in consideration of the <br /> benefits to accrue to each, it is agreed as follows : <br /> 1 . Recitations Incorporated : The above recitals are true and correct, and are hereby <br /> incorporated herein by specific reference . <br /> 2 . Compliance with Comprehensive Plan : <br /> a. Any development of a wastewater treatment plant and related pipelines , lift stations and <br /> other wastewater treatment facilities , constructed within Grove Land ' s territory in Indian River <br /> County (as more specifically described in Exhibit "B " attached hereto) and serving residential <br /> development or non- agricultural commercial development (collectively a " Package Treatment <br /> Plant " ) , shall comply with the requirements of the Indian River County Comprehensive Plan (the <br /> "Comp Plan") , in its current form as of the date of this Agreement, governing Package Treatment <br /> Plants , as set forth in Objective 6 of the Sanitary Sewer Sub -Element of the Comp Plan , attached <br /> hereto as Exhibit " C " . <br /> b . Any development of a potable water plant and related pipelines , pumps and other potable <br /> water facilities , constructed within Grove Land ' s territory in Indian River County and serving <br /> residential development or non- agricultural commercial development (collectively a "Privately <br /> Owned Public Water Plant " ) , shall comply with the requirements of the Comp Plan , in its current <br /> F0104185v5 1 <br />