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DEVELOPER AGREI(MENT THIS AGREEMENT made and eptered•:into this, -,h da of Februay , 1987, by and between Gordon S. Nutt hereinafter referred to as "Developer", and SEA OAKS UTITILIESI INC., a Florida corporation, hereinafter referred to as "Service Company". !. WHEREAS, Developer owns or:controls lands located in Indian River County, Florida, and described in Exhibit "A", attached hereto and made a part hereof asl•if.•fully set out in this paragraph, and hereinafter referred to'as the "Property", and Developer intends to develop the Property by erecting thereon, residential units, general: service units, or a • A combination of these; and .j' WHEREAS, Developer desires!: that IL a Service Company provide central sewage collection�l. servig for Developer's Property herein described and is �illingj to accept treated effluent suitable for irrigation purF9ses; and WHEREAS, the Service Company is wi��.'ing to provide, in accordance with the provisions of this Agreement and Service Company's Uniform Sewer Service Policy, entral sewer and effluent disposal services to the Propek.ty and thereafter operate applicable facilities so hat th� occupants of the on the Property will improvements eceive n. adequate sewage collection and disposal service from;Service Company; • �I I , NOW, THEREFORE, for and in co 1i iaeration of the premises, the mutual undertakings and' agreements herein contained and assumed, Developer and Sed ce Company hereby covenant and agree as follows:. 1. The foregoing statement are t and correct. 2. The following definitio s and'4ferences are given for the purpose of interpreting tj: ternqq as used in this Agreement and apply unless the conxt inkl'cates a different mei ning : I (a) "Consumer Installation" All facilities ordinarily on the cons merls �Alde of the, point of delivery. �. ,• (b) "Contribution -in -aid -of' -Construction (CIAO)" - The sum of money and/or the value of Che property represented by the cosh of the sewage collection and irrigation systems, including lift stations and treatment plant' const,kucted or to be constructed by a Developeror owner, which Developer or owner I•I'•transfeK�, or agrees to transfer, to Service Company'at no cost to Service Company in order . to induce .Service Company to provide. utility service to specified Property. Contribution-in-aXd-of- construction (CIAO) does not include money required to be collected from Developer and •aid to Indian River County for utility asset acqui� tion purposes. (c) "Development Phase" �j - ) subdivision or construction phase of the con ruction of utility facilities on the Property. i .i (d) "Equivalent Residential Conn6btion (F,RC)" - A factor used to convect,a giveT average daily flow (ADF) to the equivalent nuler of residential connections. For this'purpos. the average daily I � I ,