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(o ' Attachment H - Copyof Original Developers Agreement.-., & <br /> AGREEMENT <br /> BETWEEN <br /> INDIAN RIVER COUtNTY, FLORIDA <br /> AND <br /> . HARRY A. and CECELIA A. KLINIAS <br /> AND <br /> ALBERT J. and STEPHANIE P. KLINIAS <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 /> 4 Florida , the address of which is 1540 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY ") and <br /> HARRY A. KLIMAS and CECELIA A. KLINIAS. HUSBAND AND WIFE , AS TO AN UNDIVIDED 1/1 <br /> INTEREST. and .ALBERT J. KLEMAS and STEPHANIE P. KLINIAS, HUSBAND AND WIFE, AS TO <br /> AN UNDIVIDED A rNTEREST, whose address is . 7413 US I , Vero Beach, FL 32967 (hereinafter the <br /> "DEVELOPER") is effective upon execution by the second of the two parties. <br /> $ <br /> WHEREAS, the DEVELOPER, in conjunction with the construction improvements Oak Island Development <br /> Phase fII, is providing vvxter and wastewater facilities to serve the subject properly located at the east side of US <br /> Highway 1 . north of 73"' Street and more specifically described in Exhibit "A'; and <br /> - WHEREAS. pursuant to Section 9I S.05, The Code of Indian River County (Ordinance 90-16, as amended), <br /> the COUNTY. requires the DEVELOPER to provide the utility improvements to serve the regional area, and <br /> agrees to reimburse the DEVELOPER. as provided herein, for the cost of providing these off-site 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 necessaryotbsite utilities described herein as directed bythe Indian River <br /> County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the oft--site <br /> utilities as ourlined below: <br /> A. Rtgional Gravity Sewer System: <br /> The DEVELOPER shall furnish and install approximately 1 ,500 LF of 8 -inch diameter gravity sewer and <br /> associated manholes to serve Five (5) properties or. US 1 north of 73" Street on the east side of Us i as <br /> shown on Exhibit "C. " - <br /> Reimbursement. Following the DEVELOPER's payment of Capacity Charges, the COUNTY shall <br /> reimburse the DEVELOPER based on an itemized invoice of the installed material on a complete basis <br /> after the above-referenced facilities are dedicated to and accepted by the COUNTY. The funds to <br /> reimburse the DEV ELOPER shat{ derive from the connection charges of other properties that use the <br /> constructed lines and facilities based on their share of the hydraulic capacity used. The COUNTY's <br /> obligation to make reimbursement to DEVELOPER shall expire five (5) years from the date of this <br /> Agreement. <br /> Reimbursement shall be in the fort of check from the COUNTY, and shall not exceed the amount of <br /> S127 .490.60 (see attached Exhibil B). <br /> Page I oE6 <br /> rLNi 61M'/ LYS'wFEI{\OMJ}4i{ lilYfYCW'9K1ln n.{IDt) MVLLl4 ,VV64Cfy1y 4plYD1e5Y//p{4 . WYtaula,y/i�/.511{ VT:UIW ILL\[ V..'(W P% <br />