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APR 13 2011 <br /> AGREEMENT RELATING TO 2011 FIRE PROTECTION CHARGE <br /> THIS AGREEMENT is entered into this 15thday of March , 2011 , by and <br /> between INDIAN RIVER COUNTY , a political subdivision of the State of Florida (" County" ) , <br /> and THE CITY OF FELLSMERE , a municipality incorporated in the State of Florida <br /> ("Fel Ismere" ) . <br /> RECITALS : <br /> A . In January 2009 , Fellsmere sent an invoice to County for its 2009 <br /> annual fire protection charge ( " 2009 Charge " ) . County paid approximately one - <br /> half of the charge , and refused to pay the balance . Fellsmere initiated code <br /> enforcement proceedings which resulted in a Special Master order requiring <br /> County to pay the balance of the 2009 Charge , plus additional amounts . County <br /> has appealed the Special Master order , and the appeal is pending before the <br /> appellate panel of the Circuit Court , Nineteenth Judicial Circuit (" 2009 Appeal " ) ; <br /> B . In December 2010 , Fellsmere sent an invoice to County for its 2011 <br /> annual fire protection charge in the amount of $ 25 ,425 (" 2011 Charge" ) ; and <br /> C . The parties desire to limit the cost and expense of determining <br /> County ' s liability for the 2011 Charge . <br /> NOW, THEREFORE , in consideration of the mutual undertakings herein , and other <br /> good and valuable consideration , the parties hereby agree , as follows : <br /> 1 . Recitals . The above recitals are true and correct , and are incorporated herein . <br /> 2 . Payment. Within thirty (30 ) days from the date hereof, County will deliver to <br /> Fellsmere payment in full of the 2011 Charge . The payment shall be deemed to be " under <br /> protest , " and subject to possible refund pursuant to the terms of this Agreement . There snail be <br /> no restriction upon the use of such funds by Fellsmere following receipt of the payment . <br /> 3 . 2009 Appeal Resolved in Favor of County . If it is finally determined in the <br /> 2009 Appeal that County is not liable for the 2009 Charge , Fellsmere shall refund to County its <br /> payment of the 2011 Charge . The phrase "finally determined" shall mean a final , non - appealable <br /> order of any appellate court last exercising jurisdiction in the 2009 Appeal ("Final Order" ) . <br /> Refund shall be made within thirty ( 30 ) days of such Final Order . <br /> 4 . 2009 Appeal Resolved in Favor of Fellsmere . If it is determined in the Final <br /> Order that County is liable for the 2009 Charge , then Fellsmere shall have no obligation to <br /> refund payment of the 2011 Charge . <br /> C:Wa;AA1brComra( aV6elleawre 2011fire dwrgr agreemen1.dnr Page I of 2 <br />