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Project: Lost Tree Preserve <br />89th StJ Old Dixie Hwy Subgrade water and <br />force main crossings utilities improvements <br />CONTRACT FOR CONSTRUCTION OF <br />UTILITY IMPROVEMENTS ON FLORIDA EAST COAST RAILWAY, LLC <br />PROPERTY <br />AND <br />AGREEMENT TO WARRANTY AND GUARANTY UTILITY <br />IMPROVEMENTS AT COMPLETION AND TO PROVIDE A BILL OF <br />SALE <br />(RE: 69t" StJ Old Dixie Hwy <br />Subgrade water and forced main crossings) <br />THIS CONTRACT, made and entered into this k i day of , 2017 <br />(the "Effective Date") . by and between Lost Tree Preserve, LLC, a Florida limited liability <br />company, having a mailing address of 3399 PGA Boulevard, Suite 260, Palm Beach Gardens, <br />1=L 3341.0. -hereinafter referred to as "132veioper," grid -INDIAN RIVER COUNTY, a polificat <br />subdivision of the State of Florida, by and through its Board of County Commissioners, <br />hereinafter referred to as''County" <br />WITNESSETH: <br />WHEREAS, the undersigned Developer desires to construct certain off-site <br />improvements, consisting of a- subgrade water and. forced- main. (the- "improvements"). within. the <br />Florida East Coast Railway, LLC -property located at 69th Street and .Old Dixie Highway (the <br />"Crossing"}; and, <br />WHEREAS, plans for such Improvements have` already been` approved' by tile <br />Florida East Coast Railway, LLC; and <br />WHEREAS, in order for. the County to modify the Blanket License Agreement <br />between 11ndian River Counfy and Florida Rasf Coast Railway, LLC, dated September 26, 4996, <br />to include the Improvements the County will require Developer to post acceptable security in <br />either the form of cash or a letter of credit from a lending institution acceptable to the County, in <br />the amount of 115 °lo of the estimated costs of the proposed Improvements,. submitted under <br />seal by an engineer registered in the State of Florida to practice professional engineering, and <br />approved by County,. to guaranty installation and completion of the Improvements to the <br />satisfaction of County; and <br />WHEREAS, said Improvements are to be completed within twelve (12) months <br />of the date of the security provided, to -the County herein, referreflo' as the Effective' Date; and' <br />NMI <br />