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This document was prepared by F / � `� 0 �, and should be ret,nwaed to the C nnty *Atae3 � . Oir. e, RIGINAL 1840 25th St., Vey Beach, O • o2U 1 Florida 3214 FAIR SHARE ROADWAY IMPROVEMENTS AND WATER AND SEWER CAPACITY CHARGES FEE AGREEMENT THIS AGREEMENT between Indian River County , a political subdivision of the State of Florida (" County" ) , and INDIAN RIVER INDUSTRIAL CENTER , INC . , a Florida corporation ( " Developer ' ) , is effective upon its execution by the second of the two parties . WITNESSETH : WHEREAS , Developer is undertaking a non - residential development in Indian River County , Florida , which , pursuant to Chapter 953 , the Code of Indian River County , requires the payments of the following fees : Traffic Impact Fee $ 17 , 413 . 20 3 Water ERUs 31900 . 00 3 Sewer ERUs 81388 . 00 TOTAL $ 29 , 701 . 20 which sum is less than $ 50 , 000 . 00 ; and WHEREAS , it is the policy of the Indian River County Board of County Commissioners , pursuant to the County' s economic development powers as set forth in Florida Statute Section 125 . 045 , to expend public funds to attract and retain business enterprises , and the use of public funds toward the achievement of such economic development constitutes a legitimate public purpose ; and WHEREAS , the Indian River County Board of County Commissioners has established a policy promoting economic development of non - residential developments having traffic impact fees of less than $ 50 , 000 . 00 ; and WHEREAS , The Indian River County Code requires the payment of the fair share fee and water and sewer capacity charges prior to issuance of a building permit ; and WHEREAS , it is the stated policy of the governing board of Indian River County to forbear collection of the traffic impact fee and water and sewer capacity charges in connection with non - residential developments having fees of less than $ 50 , 000 . 00 until the time of the issuance of certificate of occupancy in order to promote economic development within Indian River County ; and WHEREAS , by Resolution 2003 -002 , as amended , the Indian River County Board of County Commissioners has delegated authority to execute this agreement on its behalf to the Indian River County Community Development Director or his designee , NOW , THEREFORE , in consideration of the mutual covenants set forth herein , the parties to this agreement agree as follows : 1575929 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK : 1781 PG : 1699 , Pagel of s 09/15/2004 at 02 :25 PM, JEFFREY K BARTON, CLERK OF COURT