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ECE1 OCT ; ;Do AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND HOBART ROAD INDUSTRIAL PARK / LES PROPERTIES, LLC 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 LES PROPERTIES, LLC, the address of which is 1460 W. 56th Square, Vero Beach, F132966, (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 south side of Hobart Road; west of Old Dixie Hwy in Indian River County, is providing water facilities to serve the subject property located at 4415 77a' Street, Vero Beach 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: A. 16-inch Diameter Water Main along Hobart Road from US Highway # 1 to the western edge of the developers property: The DEVELOPER is relying upon the construction of approximately ) 500 LF of 16" water line along Hobart Road from US Highway 1 to the western edge of his property,4415 77`h Street; west of Old Dixie Highway. Reimbursement : The COUNTY shall reimburse the DEVELOPER based on itemized invoice of installed materials at the time the above-referenced facilities are dedicated to and accepted by the COUNTY. The COUNTY' S reimbursement shall be in the form of check from the COUNTY, and shall not exceed the amount of $ 170 , 968 . 84 less the line extension fee (see attached Exhibit-B). The DEVELOPER shall pay line extension fees in the amount of $ 11 .25 per foot of property frontage ofthe proposed water line and line extension fees in the amount of $ 15 . 77 per foot of property frontage of the existing force main. . The DEVELOPER ' S fee for this portion is tabulated below: Frontage Total Frontage Cost er Front Footage ($/ ft. ) Developer Cost 398 398 $ 11 .25 $4 ,477 . 50 Page 1 of 9