2003-002 - Laserfiche WebLink

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2. The County agrees to forbear collection of traffic impact fees from Developer in connection with the subject project until the time of Developer's application for a certificate of occupancy or twelve months from the effective date of this agreement, whichever is earlier. 3. A certificate of occupancy for the subject project shall not be issued until after the Developer remits a cashier's check in payment of the applicable fair share roadway improvements fee. 4. In consideration of the County's forbearance of collection of the traffic impact fees at the time of building permit application, the Developer acknowledges his/her/its obligation to pay said fees to Indian River County prior to the issuance of a certificate of occupancy by Indian River County or by the municipality having jurisdiction. 5. This agreement shall be recorded in the official records of Indian River County, Florida, and may be recorded in the official records of other counties, and shall be binding upon the Developer's successors, heirs, devisees, grantees, and assigns. Developer shall pay all recording fees. 6. Developer acknowledges and agrees that, upon recordation of this agreement in the official records of Indian River County, Florida, or in the official records of any other county, this agreement shall constitute a lien against all real property owned by Developer in Indian River County, Florida, and in such other county, in the amount of the traffic impact fee set forth above. In the event Developer fails to pay the subject traffic impact fees within twelve months from the effective date of this agreement, interest shall begin to accrue at the statutory rate for judgments on the 366th day following the effective date hereof. 7. Developer shall defend, indemnify, and hold harmless the County, and the County's officers, employees, and agents, and the municipality having jurisdiction, and such municipality's officers, employees, and agents, from and against any claim, cause of action, liability, judgment, and damages, of any nature whatsoever, including attorney fees, related to the subject project or arising out of this agreement. In any defense provided by Developer pursuant to this agreement, the County, or if the project is within a municipality, the municipality having jurisdiction, or both, may select defense counsel, and the County and the municipality having jurisdiction may direct their respective defenses. 8. This agreement touches and concerns the land upon which this project is being developed. 9. Venue for any lawsuit by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 2