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7 o <br /> AGREEMENT 03 - o o <br /> BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> IR MALL ASSOCIATES, LTD., a Florida limited partnership <br /> FOR THE CONSTRUCTION OF ON-SITE UTILITIES <br /> THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of <br /> the State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 <br /> (hereinafter the "COUNTY") and IR MALL ASSOCIATES, LTD., the address of which is P.O. <br /> Box 7033, Indianapolis. IN 46207 (hereinafter the DEVELOPER) is effective upon execution <br /> by the second of the two parties. <br /> WHEREAS, the DEVELOPER, in conjunction with the construction of a loading dock at <br /> the Bed, Bath and Beyond store at Indian River Commons, Indian River County, Florida, is <br /> relocating combined fire and domestic water piping; and <br /> WHEREAS, the Indian River County Department of Utility Services has granted a <br /> Utility Construction Permit, dated November 12, 2002, being permit number UCP # CDS <br /> 2220 (the "Permit") in conjunction with the relocation of those water facilities; and <br /> WHEREAS, the DEVELOPER wishes to secure a temporary certificate of occupancy <br /> from Indian River County for the use of the loading dock prior to the relocation of the water <br /> facilities; and <br /> WHEREAS, Indian River County is willing to grant such temporary certificate of <br /> occupancy to DEVELOPER upon the conditions hereinafter set out. <br /> NOW, THEREFORE, for and in consideration of the mutual promises set forth herein <br /> and other good and valuable consideration, the COUNTY and DEVELOPER agree as follows: <br /> 1. OFF-SITE UTILITIES: <br /> A. DEVELOPER shall: (1) Complete construction of the on-site facilities permitted under <br /> permit number UCP #CDS 2220 on or befgre January 31, 2003. (2) Convey to Indian River <br /> County, Florida by Bill of Sale, in the form attached hereto, the new water main facilities <br /> installed pursuant to the Permit. (3) Grant to Indian River County a 10-foot public utility <br /> easement in the form attached hereto, along the route of the newly installed water facilities. <br /> (4) Simultaneous with the execution of this Agreement by both parties, furnish to the <br /> COUNTY, DEVELOPER's funds equal to 125% of the estimated cost of relocating the water <br /> facilities as security for the faithful performance of all of the DEVELOPER's obligations <br /> under the Contract documents. Once the COUNTY has inspected the work and determined <br /> that DEVELOPER has fulfilled all of its contract requirements, the funds shall be returned to <br /> DEVELOPER. <br /> NAFIRM\Clients\Simon Group�Agreement-On Site Utilities.doc <br /> Page 1 of 10 <br />