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AGREEMENT RELATING TO 2011 FIRE PROTECTION CHARGE. <br />THIS AGREEMENT is entered into this day of , 2011, by and <br />between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County"), <br />and THE CITY OF FELLSMERE, a municipality incorporated in the State of Florida <br />("Fellsmere"). <br />RECITALS: <br />A. In January 2009, Fellsmere sent an invoice to County for its 2009 <br />annual fire protection charge ("2009 Charge"). County paid approximately one- <br />half of the charge, and refused to pay the balance. Fellsmere initiated code <br />enforcement proceedings which resulted in. a Special Master order requiring <br />County to pay the balance of the 2009 Charge, plus* additional amounts. County <br />has appealed the Special Master order, and the appeal is pending before the <br />appellate panel of the Circuit Court, Nineteenth Judicial Circuit ("2009 Appeal"); <br />B. In December 2010, Fellsmere sent an invoice to County for its 2011 <br />annual fire protection charge in the amount of $25,425 ("2011 Charge"); and <br />C. The parties desire to limit the cost and expense of determining <br />County's liability for the 2011 Charge. <br />NOW, THEREFORE, in consideration of the mutual undertakings herein, and other <br />good and valuable consideration, the parties hereby agree, as follows: <br />1. Recitals. The above recitals are true and correct, and are incorporated herein. <br />. 2. Payment. Within thirty (30) days from the date hereof, County will deliver to <br />Fellsmere payment in full of the 2011 Charge. The payment shall be deemed to be "under <br />protest," and subject to possible refund pursuant to the terms of this Agreement. There shall be <br />no restriction upon the use of such funds by Fellsmere following receipt of the payment. <br />3. 2009 Appeal Resolved in Favor of County. If it is finally determined in the <br />2009 Appeal that County is not liable for the 2009 Charge, Fellsmere shall refund to County its <br />payment of the 2011 Charge. The phrase "finally determined" shall mean a final, non -appealable <br />order of any appellate court last exercising jurisdiction in the 2009 Appeal ("Final Order"). <br />Refund shall be made within thirty (30) days of such Final Order. <br />4. 2009 Appeal Resolved in Favor of Fellsmere. If it is determined in the Final <br />Order that County is liable for the. 2009 Charge, then Fellsmere shall have no obligation to <br />refund payment of the 2011 Charge. <br />GNM,AA4.. Cn sm aAMImmre 2011 fire dwge ngrecn¢•nLrlrx _ Page <br />T of <br />2 <br />12 <br />