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r3 . A . <br /> AGREEMENT RELATING TO a 0 1 a - i D 7 <br /> ANNUAL FIRE PROTECTION CHARGE <br /> THIS AGREEMENT is entered into as of the5th day of June , 2012 , by and between <br /> THE CITY OF FELLSMERE , a municipality organized under the laws of the State of Florida <br /> ("FELLSMERE") and INDIAN RIVER COUNTY , a political subdivision of the State of <br /> Florida ( " COUNTY") . <br /> WHEREAS , section 78 - 83 (h) of the FELLSMERE Code of Ordinances provides that an <br /> annual fire protection charge may be imposed on customers of the water and wastewater system ; <br /> and <br /> WHEREAS , since the mid4990s , FELLSMERE has imposed an annual fire protection <br /> charge upon the Indian River County Emergency Services District ("ESD") , a dependent special <br /> district of COUNTY, which charge was initially in the amount of $ 170 per hydrant and is <br /> currently in the amount of $ 225 per hydrant and <br /> WHEREAS , since the mid- 1990s , ESD has paid the annual fire protection charge with <br /> funds provided by ad valorem taxes levied by COUNTY ; <br /> WHEREAS , in 2009 , COUNTY objected to and refused to pay the annual fire protection <br /> charge , resulting in proceedings before the FELLSMERE Code Enforcement Special Master, and <br /> judicial appellate proceedings , which were resolved in favor of the validity of the annual fire <br /> protection charge ( " Final Order") ; and <br /> WHEREAS , in the interest of reducing the financial burden upon the residents and <br /> taxpayers of FELLSMERE and COUNTY , the parties have agreed to the operational and <br /> financial arrangements set forth herein, in lieu of further annual fire protection charges , <br /> NOW , THEREFORE , in consideration of the mutual undertakings herein and other <br /> good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the <br /> parties agree , as follows : <br /> 1 . Recitals . The above recitals are true and correct and are incorporated herein . <br /> 2 . Operational and Financial Responsibilities . Commencing October 1 , 2012 , and <br /> for each fiscal year thereafter during the term of this Agreement, (a) COUNTY shall , at its sole <br /> expense , (i) maintain , inspect and repair all fire hydrants located in and owned by FELLSMERE , <br /> Page I of' 4 <br />