HomeMy WebLinkAbout2005-003 FIRST AMENDMENT TO FAIR SHARE ROADWAY `
IMPROVEMENTS AND WATER AND SEWER ala_oo3
CAPACITY CHARGES FEE AGREEMENT
THIS FIRST AMENDMENT TO FAIR SHARE ROADWAY IMPROVEMENTS AND
WATER AND SEWER CAPACITY CHARGES FEE AGREEMENT ("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 January 4 , 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" ) .
Be 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 for the payment of the fees due under the
Agreement .
NOW , THEREFORE , in consideration of the mutual covenants set forth herein , the
parties to this Amendment agree as follows :
1 . From and after the effective date of this Amendment , the parties acknowledge and
agree that Developer shall pay the required fees under the Agreement to County on or
before May 21 , 2005 .
2 . Except as amended by this Amendment, the terms of the Agreement shall remain in
full force and effect .
3 . The Background Recitals are true and correct and form a material part of this
Amendment .
IN WITNESS WHEREOF , this Amendment is executed by the duly authorized
representatives of the parties as of the day and year first written above .
Attest : J . K . . Barton , C INDIAN RIVER COUNTY , FLORIDA
Board of County Commissioners
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Deputy Clerk By : c,�
Thomas S - i nwtller , Chairman
Approved by BCC — January 4 , 2005
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