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2. For commercial developments within the geographic bounds of the City of <br />Sebastian having a -fair share roadway improvements fee of less than $50,000, relying on <br />the County's forbearance as provided in Section 1 infra., the City shall issue a building <br />permit provided other requirements for the issuance of a building permit are satisfied <br />notwithstanding the absence of the applicable fair share roadway improvements fee, and <br />shall not issue a certificate of occupancy until the applicable fair share roadway <br />improvements fee is collected. <br />3. The County agrees to indemnify, defend, and hold harmless the City from <br />and against any and all claims, demands, losses, liabilities, judgments and expenses of <br />any nature whatsoever, including reasonable attorney's fees both at trial and appellate <br />level and all costs of litigation, which may be asserted against or imposed upon the City <br />and which may arise out of or be attributable to, directly or indirectly, the City's refusal to <br />issue a certificate of occupancy when the City has relied upon this Interlocal Agreement <br />to issue a building permit without collecting the fair share roadway improvement fee due <br />to the County's forbearance. Nothing contained herein shall be construed as a waiver of <br />any immunity from, or limitation of, liability the City may have under the Doctrine of <br />Sovereign Immunity of Section 768.28, Florida Statutes (2002). <br />4. Either party may terminate this Interlocal Agreement upon thirty (30) days' <br />written notice to the other party by certified mail, return receipt requested, or by overnight <br />delivery. Such termination shall not affect the County's forbearance or the County's <br />obligation to indemnify and hold harmless the City as set forth in this Interlocal Agreement <br />as applied to projects for which the City had issued a building permit prior to the <br />termination date based on this Interlocal Agreement. <br />5. The County acknowledges that the City is not responsible for paying the fair <br />share roadway improvements fee in the event the City does not collect said fee prior to <br />issuing any certificate of occupancy and further the County expressly releases and forever <br />discharges the City of and from all liability, demands, actions or rights of action that the <br />County has or may have, whether now known or unknown, foreseen or unforeseen or claim <br />to have against the City for the City's failure to collect any fair share roadway <br />improvements fee at the time a certificate of occupancy is issued in accordance with the <br />terms of this Interlocal Agreement. <br />6. For commercial developments within the geographic bounds of the City of <br />Sebastian having a fair share roadway improvements fee of less than $50,000, the City <br />shall not issue a building permit unless the developer first either submits to the City a <br />certified copy of an executed forbearance agreement between the County and the <br />developer providing for the forbearance described in the Interlocal Agreement or remits to <br />the City funds in the amount of the applicable fair share roadway improvements fee for <br />payment to the County. <br />IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement <br />to be executed by their duly authorized officials on the dates indicated below. <br />