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0 <br />1. Upon execution of this agreement by the second of the two parties, traffic <br />impact fees and water and sewer capacity charges associated with the following non- <br />residential development Lot 5 of INDIAN RIVER INDUSTRIAL CENTER and located as <br />described on the attached Exhibit "A" will be paid by Indian River County, conditioned <br />on the agreement of Developer to pay said fees prior to the issuance of a certificate of <br />occupancy for the project or within six months, whichever is earlier. <br />2. The County agrees to forbear collection of traffic impact fees and water <br />and sewer capacity charges from Developer in connection with the subject project until <br />the time of Developer's application for a certificate of occupancy or six months from the <br />effective date of this agreement, whichever is earlier. <br />3. A certificate of occupancy for the subject project shall not be issued until <br />after the Developer remits a cashier's check in payment of the applicable fair share <br />roadway improvements fee and water and sewer capacity charges. <br />4. In consideration of the County's forbearance of collection of the traffic <br />impact fees and water and sewer capacity charges at the time of building permit <br />application, the Developer acknowledges his/her/its obligation to pay said fees and <br />charges to Indian River County prior to the issuance of a certificate of occupancy by <br />Indian River County or by the municipality having jurisdiction. <br />5. This agreement shall be recorded in the official records of Indian River <br />County, Florida, and may be recorded in the official records of other counties, and shall <br />be binding upon the Developer's successors, heirs, devisees, grantees, and assigns. <br />Developer shall pay all recording fees. <br />6. Developer acknowledges and , agrees that, upon recordation of this <br />agreement in the official records of Indian River County, Florida, or in the official records <br />of any other county, this agreement shall constitute a lien against all real property <br />owned by Developer in Indian River County, Florida, and in such other county, in the <br />amount of the traffic impact fee set forth above. In the event Developer fails to pay the <br />subject traffic impact fees or water and sewer capacity charges within six months from <br />the effective date of this agreement, interest shall begin to accrue at the statutory rate <br />for judgments on the 366th day following the effective date hereof. <br />7. Developer shall defend, indemnify, and hold harmless the County, and the <br />County's officers, employees, and agents, and the municipality having jurisdiction, and <br />such municipality's officers, employees, and agents, from and against any claim, cause <br />of action, liability, judgment, and damages, of any nature whatsoever, including attorney <br />fees, related to the subject project or arising out ,of this agreement. In any defense <br />provided by Developer pursuant to this agreement, the County, orif the project is within <br />a municipality, the municipality having jurisdiction, or both, may select defense counsel, <br />and the County and the municipality having jurisdiction may direct their respective <br />defenses. <br />VA <br />