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RELEASE OF LIEN a06 (a ' <br /> BACKGROUND RECITALS : <br /> A. On August 30 , 2004 , Indian River County, a political subdivision of the State of Florida <br /> (" County") and Indian River Industrial Center, Inc. , a Florida corporation (" Developer") entered into <br /> a Fair Share Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement <br /> ("Agreement") that was recorded in O . R. Book 1781 , Page 1699 , of the public records of Indian <br /> River County, Florida ; <br /> B . On January 4 , 2005 , the County and the Developer entered into a First Amendment to Fair <br /> Share Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement (" First <br /> Amendment') that was recorded in O . R. Book 1822 , Page 1763 , of the public records of Indian <br /> River County, Florida ; <br /> C . On May 24 , 2005 , the County and the Developer entered into a Second Amendment to Fair <br /> Share Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement that <br /> expired on August 19 , 2005 (" Second Amendment') ; <br /> D . The Agreement, as amended , provided that the County had a lien on the property <br /> described on the attached Exhibit "A" and depicted on the attached Exhibit "B" ; and <br /> E . The Agreement, the First Amendment, and the Second Amendment expired by their terms ; <br /> the concurrency certificate contemplated in the Agreement expired ; and the Developer did not <br /> apply for a building permit as contemplated in the Agreement, as amended . <br /> NOW , THEREFORE , for the reasons set forth in the Background Recitals , the County <br /> hereby releases the Developer and the property described on Exhibit "A" from the lien of the <br /> Agreement, as amended . <br /> EXECUTED by the Board of County Commissioners of Indian River County, Florida , this <br /> 11 thday of Apri 1 2006 . <br /> BOARD OF COUNTY COMMISSIONERS <br /> Attest: J : . Barton , Clerk:- " ` INDIAN RIVER COU Y, FLORIDA <br /> By <br /> Deputy Clerk Arthur R. N uberger, Ch it an <br /> BCC approval April 11 , 2006 <br /> Approved for form and legal <br /> sufficiency: <br /> William G . Collins II <br /> County Attorney <br /> Attachments : Exhibit "A" and Exhibit "B" <br />