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S 1. Upon execution of this agreement by the second of the two parties, impact fees and water and sewer capacity and connection charges 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 repay (without interest) said fees at the time of Developer's application for a building permit or six months after the effective date of this agreement, whichever is earlier. 2. The County agrees to forbear collection of impact fees and capacity and connection charges from Developer in the amount of $ in connection with the subject project until the time of Developer's application for a building permit or six months from the effective date of this agreement, whichever is earlier. 3. A building permit for the subject project shall not be issued until after the Developer remits a cashier's check in payment of the applicable impact fee or capacity or connection charge. 4. In consideration of the County's advance funding and forbearance of collection of impact fees and capacity and connection charges at the time of concurrency certificate application, the Developer acknowledges his/her/its obligation to pay said fees and charges to Indian River County at the time of Developer's application for a building permit or six months from the effective date of this agreement, whichever is earlier. 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. In the event Developer fails to pay the subject impact fees and capacity and connection charges within six months from the effective date of this agreement, no building permit will issue, the concurrency certificate for developer's project will be voided, and this agreement will be null and void. 7. This agreement and the obligations of the parties hereunder are expressly conditioned upon the acquisition of the property at issue by Developer or a third party who has contracted with Developer to construct the development (the "Condition"). If the Condition is not satisfied within six months after the effective date of this agreement, then this agreement shall be deemed null and void and the parties hereto shall be released from all obligations and liabilities associated herewith. 8. This agreement touches and concerns the land upon which this project is being developed. 2