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4W 40 • 40 t .910 (,a /i #41 00 -Loo AN AGREEMENT (DEVELOPER'S AGREEMENT) BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE SUNTREE PARTNERS FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT made this 26th day of June 2000 by and between. INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the COUNTY) and THE SUNTREE PARTNERS, P. O. Box 410999. Melbourne, Florida 32941 (hereinafter the DEVELOPER). WITNESSETH: WHEREAS, the DEVELOPER, in conjunction with the construction improvements at CITRUS SPRINGS (see Exhibit A -l) is providing water and wastewater facilities to serve the subject property, and WHEREAS, the COUNTY, has required the DEVELOPER to provide the utility improvements to serve the regional area and has agreed to reimburse die DEVELOPER for the cost of providing these off- site utilities, NOW, THEREFORE, for and in consideration of the premises and other good and valuable considerable, the COUNTY and DEVELOPER agree to the special conditions (SC) as follows: SC - I. OFF-SITE UTILITIES: The DEVELOPER shall constnict the necessary' off-site utilities described herein, per tic Indian River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for the off-site utilities as outlined below: I.a. MASTER PLAN I6 -inch Diameter Water Main along 5'I', Street, SW: The DEVELOPER shall construct a 16 -inch diameter water main along 5TH STREET, SW, approximately 5,453 feet in length, connecting to an existing lb" water main in the 43rd Avenue right- of-way at the cast, and connecting to an existing 16" water main on the west side of Kings Highway (58th Avenue) at the %vest. Said water main is a COUNTY MASTER PLAN MAIN, and 1013 -percent of the DEVELOPER'S off site project costs shall be immediately reimbursed by [lie COUNTY. The COUN'T'Y shall reimburse the DEVELOPER based on an itemized invoice of installed materials on a percentage complete basis (loss 10% retainage) monthly, with final payment and release of retainage at the time the above referenced facilities are dedicated to and accepted by the COUNTY. Reimbursument shall be in the form of check from die COUNTY, and shall not exceed the amount of X488654,00 (sec attached Exhibit C -I). Thu Developer shall pay line extension f= in the amount De%ol"po'+ olsmwn d ciltut Spring+ page n 46 F eAkV('"Vwvt n?.nta(V"m 51,�t" 54a V-W"r Vw Aan A,444 lwu%IWO $K