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1 <br /> AGREEMENT y1191 vS <br /> 11 . J . 2 <br /> BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> VILLAGE OAKS 80 REALTY, LLC <br /> FOR THE CONSTRUCTION OF OFF-SITE UTILITIES <br /> THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the <br /> State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the <br /> "COUNTY") and VILLAGE OAKS 80, LLC, the address of which is 3205 NW 62 Street, Boca Raton, <br /> FL 33496 (hereinafter the DEVELOPER) is effective upon execution by the second of the two parties . <br /> WHEREAS, the DEVELOPER, in conjunction with the construction improvements at 26`h Street <br /> west of Kings Highway in Indian River County, is providing wastewater facilities to serve the subject <br /> property located at 5995 26'h Street, Vero Beach and more specifically described in Exhibit " A'; and <br /> WHEREAS, pursuant to Section 201 . 11 , , The Code of Indian River County , the COUNTY requires <br /> the DEVELOPER to provide the utility improvements to serve the regional area, and agrees to <br /> coordinate the refund to 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 <br /> and 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 <br /> Indian River County Utilities Department. The COUNTY shall coordinate the refund to the <br /> DEVELOPER for construction of the off-site utilities as outlined below : <br /> A. 6-inch Diameter Force Main (refund upon collection of line extension fees) <br /> The DEVELOPER shall furnish and install approximately 4000+ LF of 6 inch non-master <br /> planned sewer force main on 266 Street from the western edge of the development site, east to <br /> King' s Highway ; north to an existing county 6-inch force main as shown on Exhibit C . <br /> Reimbursement : The COUNTY shall coordinate the refund to the DEVELOPER for funds <br /> advanced by DEVELOPER to construct the 6- inch diameter force main required by this <br /> paragraph based on the acreage of each of the properties which will benefit from these facilities <br /> as reflected in Exhibit D . The respective acreages and percentages are noted in the attached <br /> Exhibit D . The estimated cost to each party is also reflected in Exhibit D, however, the actual <br /> cost will be determined upon completion of the improvements at which time the proportionate <br /> share for each property will be adjusted accordingly. The funds to refund the DEVELOPER <br /> shall derive from the proportionate share connection charges of each of the other properties that <br /> use the constructed lines and facilities based on their percentage of the overall acreage. Said <br /> connection charges shall be collected by the COUNTY and refunded to the DEVELOPER at the <br /> time of application for Utilities for each parcel as said parcel is connected to the system. The <br /> County ' s obligation to coordinate the refund to DEVELOPER shall expire five (5 ) years from <br /> this Agreement. Compensation shall be in the form of a check from the County; the total of all <br /> Page 1 of 9 <br />