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Ad r Thu c' offfr e VRIN prepmwed by C d1e, cil� t % . ,.'• roA Office, el I O ! 9 14-,W ;. tx St . , Veno BeacI4 Florida 329W AGREEMENT 1610369 THIS DOCUMENT HAS BEEN RECORDED BEi IN EN IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL INDIAN RIVER COUNTY FLORIDA 1 /2 2004 PG : 7AM Pagel of 12 � 01 !26/2004 at 09 :06 AM , AND JEFFREY K BARTON, CLERK OF COURT LEGEND PROPERTIES, INC . FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY) and LEGEND PROPERTIES, INC., the address of which is 4344 U. S . Highway 1 , Vero Beach, Florida 32967, (hereinafter the DEVELOPER) is effective upon execution by the second of the two parties. WHEREAS, the DEVELOPER, in conjunction with the construction improvements at, The Reserve at Grand Harbor, is providing water and wastewater facilities to serve the subject property located at 2470 53rd Street, and more specifically described in Exhibit "A"; and WHEREAS, pursuant to Section 918 . 05 , The Code of Indian River County (Ordinance 90- 16, as amended), the COUNTY, requires the DEVELOPER to provide the utility improvements to serve the regional area, and agrees to reimburse the DEVELOPER, as provided herein, for the cost of providing these off-site utilities, NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the COUNTY and DEVELOPER agree as follows : 1 . OFF-SITE UTILITIES : The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for over-sizing of the off-site utilities as outlined below: Part 1 : 124nch Diameter Master Planned Sanitary Sewer Force Main along 53rd Street from Old Dixie Highway to west side of U. S . 1 : The DEVELOPER shall furnish and install a 12-inch Master Planned sewer force main and appurtenances from the southeast corner of Old Dixie Highway and 53`d Street, run east along the south side of 53rd Street, and end at the southwest corner of U. S . Highway 1 and 53`d Street for approximately 290 linear feet. The connection at Old Dixie Highway and 53rd Street is into an existing 12-inch stub out off a new 16-inch diameter force main along Old Dixie Highway. (See, Exhibit "C') Reimbursement: Following the DEVELOPER ' s payment of Capacity Charges (for Phase I only), the COUNTY shall reimburse the DEVELOPER 100% of the actual cost of Part 1 , based on an itemized invoice of the installed material at the time the above referenced facilities are dedicated to and accepted by the COUNTY. Reimbursement shall be in the form of a check from the COUNTY, and shall not exceed the amount of $30, 581 . 50 (See Exhibit `B - 1 ") . Part2 : Non Master Planned Sanitary Sewer System Including a 6-inch Diameter Non Master Planned Force Main, Construction of a Regional Lift Station by Over Sizing; and Associated Gravity and Force Main Sewers to Accommodate Future Sewer Connections into this Regional Lift Station: The DEVELOPER shall famish and install a 6-inch diameter non Master Planned sewer force main ( 0. n Page 1 �1� E.�ll}®102.10IE1DEVElAPERSAGREERG;NT (1.6-04).DOC