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- / - a 3 <br /> ATTACHMENT 1 ORIGINAL <br /> AGREEMENT <br /> BETWEEN U <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> POPLAR DEVELOPMENT, INC . <br /> FOR THE CONSTRUCTION OF OFF-SITE UTILITIES <br /> THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of <br /> Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY") <br /> and Poplar Development Inc the address of which is : Poplar Development, Inc . , c/o Sam Freas , 8803 <br /> Southern Orchard Road North, Davie, FI 33328 (hereinafter the DEVELOPER) is effective upon execution by <br /> the second of the two parties . <br /> WHEREAS , the DEVELOPER, in conjunction with the construction improvements at Abington Woods <br /> P . D . , is providing water and wastewater facilities to serve the subject property located at 6220 41St Street, and <br /> more specifically described in Exhibit "A"; and <br /> WHEREAS , pursuant to Section 918 . 05 , The Code of Indian River County (Ordinance 90- 16 , as <br /> amended), the COUNTY, requires the DEVELOPER to provide the utility improvements to serve the regional <br /> area, and agrees to reimburse the DEVELOPER, as provided herein, for the cost of providing these off-site <br /> utilities, <br /> NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and <br /> valuable consideration, the COUNTY and DEVELOPER agree as follows : <br /> 1 . OFF-SITE UTILITIES : <br /> The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian <br /> River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the <br /> off-site utilities as outlined below : <br /> A . 6 -inch Diameter Sanitary Force Main alone 41 st Street from 58th Ave west 30151f to the west limits of <br /> the developer ' s site. : <br /> The DEVELOPER shall furnish and install a total of 3124 if of 6 " PVC , DIP , and PE pipe of the <br /> Master Plan sewer force main, associated valves, fittings, and all else incidental thereto . Connection <br /> shall be made to an existing force main at the Northwest corner of 58th Avenue and 41St Street. The <br /> proposed 6 " force main extends west along on the North side of 41St Street approximately 1825 feet <br /> then crosses to the south side of 41St Street at 62nd Avenue, thence continues westerly to the western <br /> boundary of the Abington Woods Development . See exhibit ` B " for location sketch and Exhibit "C " <br /> for a detailed cost tabulation. <br /> Reimbursement : The COUNTY shall reimburse the DEVELOPER for this Master Plan force main <br /> based on an itemized invoice of the installed material on a complete basis — less 10% retainage, <br /> monthly, with final payment and release of retainage at the time the above referenced facilities are <br /> dedicated to and accepted by the County. Reimbursement shall be in the form of a check from the <br /> COUNTY, and shall not exceed the amount of $ 74 . 695 . 23 (see attached Exhibit B) . <br /> Page 1 <br /> C:\DOCUMENTS AND SETTINGS\BEUBAWLOC kL SETTINGS\TEMPORARY INTERNET FILESOLK2\AWNGTON - DEVELOPERS AGREEMENT - UTILITIES.DOC <br />