2005-179 - Laserfiche WebLink

Home Browse Search

�-2y - o5 SECOND AMENDMENT TO FAIR SHARE ROADWAY IMPROVEMENTS AND WATER AND SEWER CAPACITY CHARGES FEE AGREEMENT THIS SECOND AMENDMENT TO FAIR SHARE ROADWAY IMPROVEMENTS AND WATER AND SEWER CAPACITY CHARGES FEE AGREEMENT ( " Second Amendment" ) by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida (" County" ) , and INDIAN RIVER INDUSTRIAL CENTER , INC . , a Florida corporation ( " Developer" ) , is dated May 24 , 2005 , BACKGROUND RECITALS : A . On August 24 , 2004 , the County and the Developer entered into a Fair Share Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement ( "Agreement" ) . B . Paragraph 1 of the Agreement provided that traffic impact fees and water and sewer capacity charges associated with nonresidential development of Lot 5 of Indian River Industrial Center would be paid by the County conditioned on the Developer paying the foregoing fees prior to the issuance of a Certificate of Occupancy for the projects or within six ( 6 ) months , whichever was earlier . C . In September of 2004 , Indian River County was affected by both Hurricane Frances and Hurricane Jeanne . D . As a result of Hurricane Frances and Hurricane Jeanne , the Developer has requested a 90 ( ninety) day extension to May 21 , 2005 , for the payment of the fees due under the Agreement that was approved by the Indian River County Board of County Commissioners on January 4 , 2005 ( " First Amendment" ) . E . Developer is now requesting another 90-day extension , citing permitting delays and consulting engineers ' delays due to the effects of Hurricane Frances and Hurricane Jeanne . NOW , THEREFORE , in consideration of the mutual covenants set forth herein , the parties to this Second Amendment agree as follows : 1 . From and after the effective date of this Second Amendment , the parties acknowledge and agree that Developer shall pay the required fees under the Agreement to County on or before August 19 , 2005 . 2 . Except as amended by this Second Amendment , the terms of the Agreement as Amended by First Amendment shall remain in full force and effect . 3 . The Background Recitals are true and correct and form a material part of this Second Amendment .