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accomplished by boring under I-95 or by going south along 90th Ave to 4th Street, then along 4th <br />Street from 90th to 98th and then back up 98th, which is anticipated to be done through open cut <br />along existing roadways (the "Off -Site Utility Improvements"); and <br />WHEREAS, the proposed Off -Site Utility Improvements are a system safety enhancement <br />that County has desired to implement and is anticipated to help improve the system for all area <br />customers; and <br />WHEREAS, County deems it to be in the public interest to recognize the construction by <br />Developer for the future improvement of the utility system in the portion of the County in which <br />the Property is located; and <br />WHEREAS, other alignment option may be considered to get from the vicinity of 8th Street <br />and 90th Avenue to the vicinity of 8th Street and 98th Avenue, based on route feasibility; and <br />WHEREAS, County has determined that Developer is making binding commitments for <br />itself and its successors and assigns in the Property to County as set forth herein to accommodate <br />the impacts of the Development; and <br />WHEREAS, Florida law allows for the County's execution of this Agreement; <br />WHEREAS, this Agreement strengthens the public planning process, encourages sound <br />capital improvement planning and financing, assists in assuring there are adequate capital facilities <br />for the development, encourages private participation and comprehensive planning and reduces <br />the costs of development; and <br />WHEREAS, Developer seeks by this Agreement to set forth Developer's obligation <br />regarding construction of future utility improvements within the project's impact area; and <br />WHEREAS, County agrees to reimburse Developer, as provided herein, for the <br />Developer's installation of the Off -Site Utility Improvements. <br />NOW, THREFORE, for and in consideration of the mutual promises set forth herein and <br />other good and valuable consideration, the County and Developer agree as follows: <br />1. Findings of Fact. The foregoing recital statements are true and correct and <br />incorporated herein by reference as Findings of Fact. <br />2. Purpose. The purpose of this Agreement is to: <br />a. Satisfy the requirements of UCP No. 3626 for the Venetian Grove Subdivision; <br />and <br />b. Recognize the utility improvements to be constructed by Developer and partially <br />reimbursed by County as providing significant benefit to the impacted utility <br />system in the area of the development; and <br />c. Secure utility availability for nine hundred (900) single-family units. <br />Page 2 of 10 <br />