HomeMy WebLinkAbout2005-179 �-2y - o5
SECOND AMENDMENT TO FAIR SHARE ROADWAY
IMPROVEMENTS AND WATER AND SEWER
CAPACITY CHARGES FEE AGREEMENT
THIS SECOND AMENDMENT TO FAIR SHARE ROADWAY IMPROVEMENTS
AND WATER AND SEWER CAPACITY CHARGES FEE AGREEMENT ( " Second
Amendment" ) by and between INDIAN RIVER COUNTY , a political subdivision of the
State of Florida (" County" ) , and INDIAN RIVER INDUSTRIAL CENTER , INC . , a Florida
corporation ( " Developer" ) , is dated May 24 , 2005 ,
BACKGROUND RECITALS :
A . On August 24 , 2004 , the County and the Developer entered into a Fair Share
Roadway Improvements and Water and Sewer Capacity Charges Fee Agreement
( "Agreement" ) .
B . Paragraph 1 of the Agreement provided that traffic impact fees and water and sewer
capacity charges associated with nonresidential development of Lot 5 of Indian River
Industrial Center would be paid by the County conditioned on the Developer paying the
foregoing fees prior to the issuance of a Certificate of Occupancy for the projects or within
six ( 6 ) months , whichever was earlier .
C . In September of 2004 , Indian River County was affected by both Hurricane Frances
and Hurricane Jeanne .
D . As a result of Hurricane Frances and Hurricane Jeanne , the Developer has
requested a 90 ( ninety) day extension to May 21 , 2005 , for the payment of the fees due
under the Agreement that was approved by the Indian River County Board of County
Commissioners on January 4 , 2005 ( " First Amendment" ) .
E . Developer is now requesting another 90-day extension , citing permitting delays and
consulting engineers ' delays due to the effects of Hurricane Frances and Hurricane
Jeanne .
NOW , THEREFORE , in consideration of the mutual covenants set forth herein , the
parties to this Second Amendment agree as follows :
1 . From and after the effective date of this Second Amendment , the parties
acknowledge and agree that Developer shall pay the required fees under the Agreement to
County on or before August 19 , 2005 .
2 . Except as amended by this Second Amendment , the terms of the Agreement as
Amended by First Amendment shall remain in full force and effect .
3 . The Background Recitals are true and correct and form a material part of this
Second Amendment .
r ,
IN WITNESS WHEREOF , this Second Amendment is executed by the duly
authorized represeht6t�e`s of the parties as of the day and year first written above .
n n ..
Attest: J . K . ,IElb toh , Clerk . °. ` INDIAN RIVER COUNTY , FLORIDA
Board of County Commiss ' Hers
By Il
Depu rN ferk By : S
, ' " ° ° Thomas S . Lowther, Chairman
4
Date Approved by BCC 5/24/2005
Approved :
JffiA .
eph P1 Baird
ounty Administrator
Approved as to form and
I sufficiency :
an E . Fell
Assistant County Attorney
i
INDIAN RIVER INDU TRIAL CENTER , INC .
Witnesses :
1
,► x a (! % I9�� By :
Printed Name : & a ,U6 l, �rI l _ Th as . Th mp on , President
Al"', , , a� ' Date S
Panted Name : bc) ets � • Y
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing was acknowledged before me this Wday of May , 2005 , by Thomas
J . Thompson , President of INDIAN RIVER INDUSTRIAL CENTER , INC . , a Florida
corporation , on behalf of same . H is personally known to me or produced the following of
identification : &AA,�gjjd bd4jOo 74a
Notary Publ '
Stamped seal with Commission p T' pDORISE
4 4 kS N1 v l.9 V1A JS y l ON ,�' 1i 1. 1. • ?
Number and Expiration Date : bs EXPIRES- ,