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CA C1 L-1 AN AGREEMENT (DEVELOPER'S AGREEMENT) BETWEEN INDIAN RIVER COUNTY, FLORIDA AND SMIGIEL PARTNERS IV. - FOR WATER'S EDGE SUBDIVISION FOR THE CONSTRUCTION OF OFF-SITE UTILITIES 'ITIIIS AGREEMENT made this l" day of , Angus t 2000 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Strcct, Vero Beach, Florida 32960 (hereinafter the COUNTY) and SMIGIEL PARTNERS IV LTD, Post Office Box 540623, Lako Worth, Florida 33454-0623 (hereinafter the DEVELOPER). WITNESSETH: WHEREAS, the DEVELOPER, in conjunction with the construction improvements at Water's Edge Subdivision is providing; sower facilities to serve the subject property (sce Exhibit A), and WHEREAS, the COUNTY, has required the DEVELOPER to provide the utility improvements to serve the regional arca and has agreed to reimburse the DEVELOPER for the cost of providing these off- site utilities, NOW, THEREFORE, for and in consideration of lite promises and other good and valuable consideration, the COUNTY and DEVELOPER agree to the special conditions (SC) as follows: SC - I. -OFF-SITE UTILI'T'IES: The DEVELOPER shall construct tho necessary off-site utilities described herein, per the Indian River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over -sizing of the off- site utilities as outlined below: A. M ster- latm 8 -inch diameter server farce: main construction: The DEVELOPER shall furnish and install a 8 -inch sewer force main from the western property line of the subdivision on 1't Street SW to an existing 4 -inch iorcc main on I" Street, SW for 11. distance of approximately 3,000 LF. (see Exhibit C) Reimbursentu)t: no County shall reimburse the DEVELOPER pursuant to the provisions of Section 201.11, Code of Indian River County, fir funds advanced pv DEVELOPER to construct facilities in accordance: with the COUNTY'S Master Plaan, less the cost of the DEVELOPER'S front footage line extension fees as outlined below. The funds to reimburse the DEVELOPER shall conic from the capital projects budget based oil projected fisttrre payment of capacity charges at a rate of one-fifth of Ilse total reimbursable amount per yv it (after dedication of the utility to the t'aJW 1 u46 i ilata�'a lllt.rrl'•I:titl]F;frJtlht. Yri"Ir.0 L"M1la} l"�vw5utwt i'�natiK'� I:dt". � trlcrerin a iiNcm+h"eto. Fayre - tl.xeliyu Mn.nr-m D.w