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• DATE: TO: THRU: FROM: SUBJECT: BACKGROUND May 7, 2002 JAMES E. CHANDLER, ,... ADMINISTRATOR ► I W. ERIK OLSON, P DIRECTOR OF U ILITY SERVICES GORDON E. SPARKS, P.E., ENVIRONMENTAL ENGINEER FOUNTAIN TOWERS, LLC DEVELOPER'S AGREEMENT FOR CONSTRUCTION OFF-SITE UTILITIES, AMENDMENT TO DEVELOPER'S AGREEMENT AND REIMBURSEMENT BY COUNTY TO DEVELOPER The developer of the Fountain Towers, LLC medical office (Quality Health Care at 12920 US Hwy. #1 in Sebastian, FL) was desirous of connecting to the County water system located in front of the Wal-Mart store on the west side of US Hwy. #1. The County was desirous of constructing an 8" water main along the east side of US Hwy. #1 to serve Fountain Towers and other commercial developments planned along the east side of US Hwy. #1. The Department of Utilities Services decided that a Developer's Agreement between the County and Fountain Towers, LLC would satisfy both parties' needs. The two parties entered into a Developer's Agreement to construct the necessary infrastructure. Construction of the water main and appurtenances is now complete and has been cleared by the FDEP to begin connecting customers. The County has accepted the water main into the utility system. We are now ready to reimburse the developer for the County's proportionate share of the water main in accordance with the Developer's Agreement, as amended. ANAI YSI.S A Developer's Agreement (See Attachment 1) was prepared and executed by Dr. Harish Sadhwani, managing member of Fountain Towers, LLC, on August 31, 2001. The Board of County Commissioners approved the agreement at their regularly scheduled meeting on September 4, 2001, and the Chairman executed it on September 4, 2001. The agreement outlined requirements for the County and developer with respect to both on-site and off-site improvements. Exhibit B of the Developer's Agreement (Attachment 1) presented the Estimat d Costa furnished by the developer's engineer for all improvements, with a breakdown between the developer's share and the County's share The County agreed to reimburse the developer up to $14,929.65 (for off-site utilities) in the form of a check. The Actual Cnsts.of the improvements, furnished by the developer's engineer, are shown on Attachment 2 (copy attached). Because the actual cost of the off-site improvements ($19,635.25) was more than those estimated and approved in the original Developer's Agreement, an amendment was presented to and approved by the County Commission on May 7, 2002. Staff is now requesting authorization to make final payment to the developer. June 4, 2002 49 0E+ /57 tq