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98th, which is anticipated to be done through open cut along existing roadways (the "Off - <br />Site Utility Improvements"); and <br />WHEREAS, other alignment options may be considered to get from the vicinity of 8th <br />Street and 90th Avenue to the vicinity of 8th Street and 98th Avenue, based on route <br />feasibility; and <br />WHEREAS, the County has agreed to reimburse GLH, as provided in that certain <br />GLH Agreement, for GLH's installation of the Improvements; and <br />WHEREAS, the Developer expects that a certain number of its HI Development units <br />wilt utilize, and be affected by the Improvements contemplated in the GLH Agreement, and <br />will be required to pay the County for HI Development's proportionate share of its <br />utilization of said Improvements; and <br />WHEREAS, impacts of development on utility facilities can be mitigated by the <br />cooperative efforts of public and private sectors; and <br />WHEREAS, the Improvements are not required for concurrency of Proposed HI <br />Development; and <br />WHEREAS, sufficient capacity is available, and the proposed utility extension is <br />proposed to provide redundancy and efficiencies for Indian River County in order to provide <br />service to all properties west of 1-95; and <br />WHEREAS, the Improvements constructed by GLH will advance the implementation <br />of the County's adopted Indian River County Master Plan Update; and <br />WHEREAS, the development proposed is consistent with the County's <br />comprehensive plan and land development regulations. <br />WHEREAS, Developer seeks by this Agreement to set forth Developer's obligation to <br />pay the County for its percentage share of water tine usage based on the number of HI <br />Development units benefitting from the Improvements; and <br />WHEREAS, Developer further seeks by this Agreement to set forth Developer's <br />obligations for contribution via construction of required traffic improvements; and <br />WHEREAS, as part of the GLH Agreement with GLH also includes traffic <br />improvements to be constructed by GLH; and <br />WHEREAS, Florida law allows for the County's execution of this Agreement; and <br />263 <br />