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_J Ave AGREEMENT RELATING TO 2010 FIRE PROTECTION CHARGE THIS AGREEMENT is entered into this 1st day Of June , 2010 , by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (" County ") , and THE CITY OF FELLSMERE , a municipality incorporated in the State of Florida ( "Fellsmere ") . RECITALS : A . In January 2009 , Fellsmere sent an invoice to County for its 2009 annual fire protection charge (" 2009 Charge ' ") . County paid approximately one - half of the charge , and refused to pay the balance . Fellsmere initiated code enforcement proceedings which resulted in a Special Master order requiring County to pay the balance of the 2009 Charge , plus additional amounts . County has appealed the Special Master order, and the appeal is pending before the appellate panel of the Circuit Court, Nineteenth Judicial Circuit (" 2009 Appeal ") ; B . In January 2010 , Fellsmere sent an invoice to County for its 2010 annual fire protection charge in the amount of $ 25 , 425 ( " 2010 Charge ") . County refused to pay the 2010 Charge, and Fellsmere initiated code enforcement proceedings which are scheduled for hearing before the Special Master on June 9 , 2010 ; and C . The parties desire to limit the cost and expense of determining County ' s liability for the 2010 Charge . NOW, THEREFORE , in consideration of the mutual undertakings herein , and other good and valuable consideration , the parties hereby agree, as follows : 1 . Recitals . The above recitals are true and correct , and are incorporated herein . 2 . Pavnnent . Within thirty (30) days from the date hereof, County will deliver to Fellsmere payment in full of the 2010 Charge . The payment shall be deemed to be " under protest, " and subject to possible refund pUusuant to the terms of this Agreement . There shall be no restriction upon the use of such funds by Fellsmere following receipt of the payment . 3 . 2009 Appeal Resolved in Favor of County . If it is finally determined in the 2009 Appeal that County is not liable for the 2009 Charge , Fellsmere shall refund to County its payment of the 2010 Charge . The phrase " finally determined " shall mean a final , non - appealable order of any appellate court last exercising jurisdiction in the 2009 Appeal ( " Final Order") . Refund shall be made within thirty (30) days of such Final Order . F: 4.I11arne"I Alan IALIo (bem cure Frleelof Iv 20 / 0 fie I rhnrgr ugrrrnavu. elm /]age 1 qf 2