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M r M <br />1. The foregoing recitals, constituting the preamble to <br />this Agreement, are adopted and ratified. <br />2. Both parties recognize that Resolution No. 80-88 <br />required the franchisee to escrow with the County certain impact <br />charges, accruing under Section XV of the Franchise. Such charges <br />were levied pursuant to former Indian River County Ordinances Nos. <br />80-21 and 80-22. The account, as of June 5, 1985 should contain <br />$142,967.00 Currently, the account contains <br />• <br />$142,707.01 leaving a deficiency of $259.99 • <br />DEVELOPER shall, upon acquiring the project, bring the escrow <br />account current as of the date of closing on the project. <br />DEVELOPER hereby relinquishes any and all claims or rights <br />with respect to the escrow funds and agrees that INDIAN RIVER <br />COUNTY may immediately upon D.EVELOPER's closing on the <br />project use the funds for any legal purpose. DEVELOPER shall <br />also deliver to COUNTY a release, executed by <br />FLORIDA -ATLANTIC ASSOCIATES, forever releasing INDIAN ,RIVER <br />COUNTY from any and all claims FLORIDA -ATLANTIC ASSOCIATES <br />may have with respect to said escrowed funds. <br />3. DEVELOPER agrees that it will connect the <br />project to the COUNTY wastewater system within 60 days of <br />written notification from COUNTY to DEVELOPER. <br />DEVELOPER will pay the full cost of such connection, including <br />but not limited to engineering, construction of lines, lift <br />stations, and all other necessary appurtenances to the point of <br />connection determined by COUNTY. <br />4. DEVELOPER agrees to pay to COUNTY the Indian <br />River _County sewer impact fee for the project, as follows: <br />(for the purposes of this Agreement, one ERU <br />shall equal one mobile home unit) <br />A. The amount of the impact fee paid for each ERU <br />shall be -the impact fee adopted and in effect by County ordinance <br />at the time each ERU is required to pay, in accordance with the <br />Schedule provided in Paragraph B. The County wastewater impact <br />fee is currently $1,250.00. Both parties acknowledge that this <br />impact fee is subject to change by the adoption of the Board of <br />County Commissioners of an appropriate ordinance. All impact fee <br />92 <br />L_ JUN 51985 <br />BOOK 1 f'f,F�F 148 <br />