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AGREEMENT BETWEEN <br />INDIAN RIVER COUNTY, FLORIDA <br />AND <br />VERO BEACH MOB, LLC <br />FOR <br />VERO BEACH MEDICAL OFFICE BUILDING <br />FOR THE CONSTRUCTION OF OFF-SITE UTILITIES <br />THIS AGREEMENT ("Agreement") by and between INDIAN RIVER COUNTY, a political <br />subdivision of the State of Florida, the address of which is 180127th Street, Vero Beach, Florida <br />32960 (hereinafter the "COUNTY") and VERO BEACH MOB, L.L.C., a Florida Limited Liability <br />Company, the address of which is 435 5TH AVE N, STE 200, ST. PETERSBURG, FL 33701 (hereinafter <br />the "DEVELOPER") is effective upon execution by the two parties. <br />WHEREAS, the DEVELOPER, in conjunction with the construction of improvements at Vero <br />Beach Medical Office Building, located at 3955 Indian River Boulevard, whose legal description is <br />attached as Exhibit "A" (the "Subject Property"), is constructing an off-site force main as <br />specifically depicted in Exhibit "B"; and <br />WHEREAS, pursuant to Section 918.05, the Code of Indian River County (the "Code"), the <br />COUNTY, requires the DEVELOPER to provide the utility improvements to connect to the regional <br />water main and force main. The COUNTY, pursuant to Section 201.11, of the Code, agrees to <br />reimburse the DEVELOPER, as provided herein, for the cost of oversizing off-site utilities, <br />NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other <br />good and valuable consideration, the COUNTY and DEVELOPER agree as follows: <br />1. OFF-SITE UTILITIES: <br />The DEVELOPER shall construct the necessary off-site utilities described herein as directed by <br />the Indian River County Utilities Department ("IRCDUS"). The COUNTY shall reimburse the <br />DEVELOPER for installing a six-inch diameter force main along the east side of Indian River <br />Boulevard from the north east corner of 41st Street and Indian River Boulevard south to the <br />northern limits of the Subject Property, a distance of approximately 785 feet, as depicted in <br />Exhibit "B" (the "Force Main"). Within 30 calendar days of acceptance of the bill of sale for the <br />Force Main and submittal of the necessary maintenance security, COUNTY shall reimburse <br />DEVELOPER nineteen percent of the estimated installation cost of the Force Main, as set forth <br />in Exhibit "C". The COUNTY shall pay no more than $6,416.51 for the Force Main. <br />Page 1 <br />