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