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FAIR SHARE ROADWAY IMPROVEMENTS FEE AGREEMENT THIS AGREEMENT between Indian River County, a political subdivision of the State of Florida ("County"), and , ("Developer"), is effective upon its execution by the second of the two parties. WITNESSETH: WHEREAS, Developer is undertaking a non-residential development in Indian River County, Florida, which, pursuant to Chapter 953, the Code of Indian River County, requires the payment of a fair share roadway improvements fee ("traffic impact fee") in the amount of $ , which sum is Tess than $50,000.00; and WHEREAS, it is the policy of the Indian River County Board of County Commissioners, pursuant to the County's economic development powers as set forth in Florida Statute Section 125.045, to expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development constitutes a legitimate public purpose; and WHEREAS, the Indian River County Board of County Commissioners has established a policy promoting economic development of non-residential developments having traffic impact fees of less than $50,000.00; and WHEREAS, Section 953.07(1), The Code Indian River County, requires the payment of the fair share fee prior to issuance of a building permit; and WHEREAS, it is the stated policy of the governing board of Indian River County to forbear collection of the traffic impact fee in connection with non-residential developments having traffic impact fees of less than $50,000.00 until the time of the issuance of certificate of occupancy in order to promote economic development within Indian River County; and WHEREAS, by Resolution 2003- , the Indian River County Board of County Commissioners has delegated authority to execute this agreement on its behalf to the Indian River County Community Development Director or his designee, NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties to this agreement agree as follows: 1. Upon execution of this agreement by the second of the two parties, traffic impact fees associated with the following non-residential development and located as described on the attached Exhibit "A" will be paid by Indian River County, conditioned on the agreement of Developer to pay said fees prior to the issuance of a certificate of occupancy for the project or within twelve months, whichever is earlier.