6/30/2016 1:08:40 PM
9/30/2015 7:26:39 PM
Official Document Type
Agenda Item Number
Indian River Industrial Center
First Amendment Fair Share Roadway Improvements
Water and Sewer Capacity Charges Fee
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FIRST AMENDMENT TO FAIR SHARE ROADWAY ` <br /> IMPROVEMENTS AND WATER AND SEWER ala_oo3 <br /> CAPACITY CHARGES FEE AGREEMENT <br /> THIS FIRST AMENDMENT TO FAIR SHARE ROADWAY IMPROVEMENTS AND <br /> WATER AND SEWER CAPACITY CHARGES FEE AGREEMENT ("Amendment" ) by and <br /> between INDIAN RIVER COUNTY , a political subdivision of the State of Florida ( "County" ) , <br /> and INDIAN RIVER INDUSTRIAL CENTER , INC . , a Florida corporation (" Developer" ) , is <br /> dated January 4 , 2005 , <br /> BACKGROUND RECITALS : <br /> A . On August 24 , 2004 , the County and the Developer entered into a Fair Share <br /> Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement <br /> ( "Agreement" ) . <br /> Be Paragraph 1 of the Agreement provided that traffic impact fees and water and sewer <br /> capacity charges associated with nonresidential development of Lot 5 of Indian River <br /> Industrial Center would be paid by the County conditioned on the Developer paying the <br /> foregoing fees prior to the issuance of a Certificate of Occupancy for the projects or within <br /> six (6 ) months , whichever was earlier. <br /> C . In September of 2004 , Indian River County was affected by both Hurricane Frances <br /> and Hurricane Jeanne . <br /> D . As a result of Hurricane Frances and Hurricane Jeanne , the Developer has <br /> requested a 90 ( ninety) day extension for the payment of the fees due under the <br /> Agreement . <br /> NOW , THEREFORE , in consideration of the mutual covenants set forth herein , the <br /> parties to this Amendment agree as follows : <br /> 1 . From and after the effective date of this Amendment , the parties acknowledge and <br /> agree that Developer shall pay the required fees under the Agreement to County on or <br /> before May 21 , 2005 . <br /> 2 . Except as amended by this Amendment, the terms of the Agreement shall remain in <br /> full force and effect . <br /> 3 . The Background Recitals are true and correct and form a material part of this <br /> Amendment . <br /> IN WITNESS WHEREOF , this Amendment is executed by the duly authorized <br /> representatives of the parties as of the day and year first written above . <br /> Attest : J . K . . Barton , C INDIAN RIVER COUNTY , FLORIDA <br /> Board of County Commissioners <br /> Bye✓ Q <br /> Deputy Clerk By : c,� <br /> Thomas S - i nwtller , Chairman <br /> Approved by BCC — January 4 , 2005 <br />
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