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ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION <br />AGREEMENT <br />THIS AGREEMENT is entered into as of the . day of March, 2021, by and between Indian <br />River County, a political subdivision of the State of Florida ("County") and Diamond Drinks of Florida, <br />Inc., a Florida corporation ("Business"). <br />WHEREAS, County has adopted the Indian River County Economic Development Ad Valorem <br />Tax Exemption Ordinance ("Ordinance"), set forth in Title XI of the Indian River County Code ("Code"); <br />and <br />WHEREAS, County has adopted Ordinance No. 2021- ("Exemption Ordinance") <br />granting an economic development ad valorem tax exemption ("Exemption") to Business; and <br />WHEREAS, the Ordinance and the Exemption Ordinance both provide that the Exemption shall <br />not be effective until County and Business enter into this Economic Development Ad Valorem Tax <br />Exemption Agreement ("Agreement") <br />NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby <br />agree, as follows: <br />1. Recitals. The above recitals are true and correct and are incorporated herein. <br />2. Definitions. Unless otherwise stated, all capitalized terms herein shall have the meaning <br />set forth in the Ordinance. <br />3. Business' Representations, Covenants and Warranties. At all times during the term of <br />the Exemption, Business represents, covenants and warrants to County that: (a) all information submitted <br />by Business in the Application is, and was at the time of submittal, true and correct, (b) all information <br />submitted by Business in any annual report submitted pursuant to section 1100.10(b) of the Code will be, , <br />at the time of submittal, true and correct, (c) each representation previously made by Business to County's <br />Board of County Commissioners in a public meeting was, and each representation made by Business to <br />County's Board of County Commissioners in the future will be, at the time of such representation, true <br />C:IU ,,U gi 1,4ppD—I...AT—p18CL TecEnologie learyPDF81@BCl�C40FF8E81 BCLQC40FF8F8.d.c Page 1 of 6 <br />Attachment 9 <br />39 <br />