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AGREEMENT 02 <br /> BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> ATLANTIC COAST CONSTRUCTION & 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 ATLANTIC COAST CONSTRUCTION & DEVELOPMENT INC. the address of which is 8730 <br /> US HWY. 1 ; MICCO, FL 32976 , (hereinafter the DEVELOPER) is effective upon execution by the second <br /> of the two parties . <br /> WHEREAS , the DEVELOPER, in conjunction with the construction improvements at TROPICAL <br /> ISLE/PARK LAKE ESTATES SUBDIVISIONS , is providing water and wastewater facilities to serve the <br /> subject property located at SOUTHSIDE OF 65TH STREET, WEST OF 58TH AVENUE , and more <br /> 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 construction of the <br /> off-site utilities as outlined below : <br /> A. GRAVITY SEWER & PUBLIC LIFT STATION <br /> The DEVELOPER shall furnish and install an 8 -inch gravity sewer main through the Park Lane <br /> Estates development to a proposed lift station along 58 `h Avenue . <br /> Reimbursement : The COUNTY shall reimburse the DEVELOPER based on an itemized invoice of <br /> the installed materials on a percentage complete basis - less 10% retainage, monthly, with final <br /> payment and release of retainage at the time the above reference facilities are dedicated to and <br /> accepted by the COUNTY . Reimbursement shall be in the form of a check from the COUNTY, shall <br /> not exceed 50% of the actual construction cost , and shall not exceed the total amount of $ 68,465 . 68 <br /> (see attached Exhibit B) . <br /> The DEVELOPER ' S fee for this portion is $ 68 ,465 . 67 as shown on Exhibit B : <br /> 2 . Amendment : <br /> This Agreement may be modified only by a written instrument executed by all parties to the Agreement. <br /> Page 1 of 6 <br /> F-\UTILITIES`%UTILITY - ENGMEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS TROPICAL ISLE SUBDIVISION - UCP#2173'�.DEVELOPER AGREEMENT 12-23 -02 REV 2.DOC <br />