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.X oUNTY ATTORNEY'S OFFICE 3120180050495 <br />r DiLD´┐ŻAN RIVER COUNTY JEFFREY <br />IN THE PUBLIC RECORDS OF <br />180 I 27th Street JEFFREY R SMITH, CLERK OF COURT <br />INDIAN RIVER COUNTY FL <br />Vero Beach, Florida 32960 BK: 3141 PG: 955 Page 1 of 7 8/15/2018 2:59 PM <br />AGREEMENT FOR LIFT STATION GENERATOR INSTALLATION <br />This Agreement for Lift Station Generator Installation (hereinafter "Agreement") is made and <br />entered into on the -today of aK , 2018 by and between: CERTUS VRO OWNER LLC, a <br />limited liability company with an address of 1400 Poinsettia Avenue, Orlando, Florida 32804 <br />("Property Owner"); and Indian River County, Florida, a political subdivision of the State of Florida, <br />located at 1802 27th Street, Vero Beach, FL, 32960 ("County"). <br />Recitals <br />WHEREAS, the Property Owner is developing an Adult Congregate Living Facility with 64 <br />beds ("ACLF") on the property located at 5380 US Highway 1, Vero Beach, FL 32967 (the <br />"Property"), which is described in Exhibit "A"; and <br />WHEREAS, in order for the Property to be developed as the ACLF, a diesel engine, 125 KW <br />generator, or equivalent as determined by the County ("Generator"), will need to be installed at the <br />County lift station located at 5354 Reserve Drive, on the north side of 53rd Street east of U.S. <br />Highway 1 (the "Lift Station"); and <br />WHEREAS, the County will also utilize the Generator at the Lift Station to serve other County <br />customers who are served by the Lift Station; and <br />WHEREAS, therefore the County and the Property Owner are willing to split the costs of the <br />installation of the Generator for the Lift Station, <br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and other <br />good and valuable consideration, the Property Owner and County hereby agree as follows: <br />1. The foregoing recitals are true and incorporated as if fully restated herein. <br />2. Installation of Lift Station Generator. The County Department of Utility Services shall <br />install a Generator for the Lift Station. <br />3. Installation Cost. With respect to the Generator for the Lift Station, the Property Owner <br />shall pay the County for fifty percent of the entire cost to permit and install the Generator <br />for the Lift Station. The estimated cost to permit and install the Generator for the Lift <br />Station is $87,574.00. Property Owner shall pay the County $43,7.87.00 (the "Deposit") <br />within 30 calendar days of the Effective Date of this Agreement, as defined in Paragraph <br />12. The County will not begin permitting or installing the Generator for the Lift Station until <br />the County receives the entire amount of the Deposit. <br />Upon completion of the permitting and installation of the Generator for the Lift Station, the <br />County shall provide the Property Owner with the final (actual) cost for the permitting and <br />installation of the Generator for the Lift Station and the Property Owner shall pay to County <br />fifty percent of the additional costs over the amount of the estimated cost set forth above, <br />or $5,000.00, whichever is less, within 15 calendar days after request by the County. <br />Page 1 of ' 7 <br />C:\Users\mgrierWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\3CSPHVQWWgreement for Lift Station Generator. final.dom <br />