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f 1 . Upon execution of this agreement by the second of the two parties , traffic impact fees and water and sewer capacity charges associated with the following non - residential development Lot 5 of INDIAN RIVER INDUSTRIAL CENTER and located as described on the attached Exhibit "A" will be paid by Indian River County , conditioned on the agreement of Developer to pay said fees prior to the issuance of a certificate of occupancy for the project or within six months , whichever is earlier. 2 . The County agrees to forbear collection of traffic impact fees and water and sewer capacity charges from Developer in connection with the subject project until the time of Developer' s application for a certificate of occupancy or six months from the effective date of this agreement , whichever is earlier. 3 . A certificate of occupancy for the subject project shall not be issued until after the Developer remits a cashier' s check in payment of the applicable fair share roadway improvements fee and water and sewer capacity charges . 4 . In consideration of the County' s forbearance of collection of the traffic impact fees and water and sewer capacity charges at the time of building permit application , the Developer acknowledges his/her/its obligation to pay said fees and charges to Indian River County prior to the issuance of a certificate of occupancy by Indian River County or by the municipality having jurisdiction . 5 . This agreement shall be recorded in the official records of Indian River County , Florida , and may be recorded in the official records of other counties , and shall be binding upon the Developer' s successors , heirs , devisees , grantees , and assigns . Developer shall pay all recording fees . 6 . Developer acknowledges and agrees that , upon recordation of this agreement in the official records of Indian River County , Florida , or in the official records of any other county , this agreement shall constitute a lien against all real property owned by Developer in Indian River County , Florida , and in such other county , in the amount of the traffic impact fee set forth above . In the event Developer fails to pay the subject traffic impact fees or water and sewer capacity charges within six months from the effective date of this agreement , interest shall begin to accrue at the statutory rate for judgments on the 366th day following the effective date hereof. 7 . Developer shall defend , indemnify , and hold harmless the County , and the County' s officers , employees , and agents , and the municipality having jurisdiction , and such municipality' s officers , employees , and agents , from and against any claim , cause of action , liability , judgment , and damages , of any nature whatsoever, including attorney fees , related to the subject project or arising out of this agreement . In any defense provided by Developer pursuant to this agreement , the County , or if the project is within a municipality , the municipality having jurisdiction , or both , may select defense counsel , and the County and the municipality having jurisdiction may direct their respective defenses . 2