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HomeMy WebLinkAboutIRC & Sebastian Impact Fees ADDENDUM TO INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN THIS ADDENDUM TO INTERLOCAL AGREEMENT, by and between Indian River County, a political subdivision of the State of Florida, ("County"), whose address is 1840 25th Street, Vero Beach, Florida 32960, and the City of Sebastian, a Florida municipal corporation, ("City"), whose address is 1225 Main Street, Sebastian, Florida 32958, shall take effect upon execution by the second of the two parties. WHEREAS, the County and the City entered into an Interlocal Agreement effective January 7 , 2003, for forbearance of collection of fair share roadway improvements fees for commercial developments within the geographic bounds of the City of Sebastian having a fair share roadway improvements fee of less than $50,000~ In consideration of the mutual promises contained in the above-referenced Interlocal Agreement, the County and the City hereby incorporate into the above-referenced Interlocal Agreement the following paragraphs: 7. The term "commercial," as used in this Interlocal Agreement, means "non- residential," as that term was used at the Indian River County Board of County Commissioners meeting of September 3, 2002, and includes commercial, industrial, office, and institutional uses. 8. The fair sharo roadway improvements fee shall not be deemed collected and the City shall not issue a certificate of occupancy until after the developer remits a cashier's check in payment of the applicable fair sharo roadway improvements fee. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to Interlocal Agreement to be executed by their duly authorized officials on the dates indicated below. Attest: J. K. Barton, Clerk Deputy Clerk INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS '"~'en~neth R. Macht, Chairman Date: Oanuary 7, 2003 Approved: ¢~uhty Admini~ator Attest: Sally A./rvlaio "--City Cl~l~ ' City Attorney CITY OF SEBASTIAN Walter Barnes, Mayor Date: 1-22-03 2 INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN THIS AGREEMENT, by and between Indian River County, a political subdivision of the State of Florida, ("County"), whose address is 1840 25th Street, Vero Beach, Florida 32960, and the City of Sebastian, a Florida municipal corporation, ("City"), whose address is 1225 Main Street, Sebastian, Florida 32958, shall take effect upon execution by the second of the two parties. WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Chapter 163, Florida Statutes (2002), and Section 125.01 (p), Florida Statutes (2002), authorize the County and the City to enter into this Interlocal Agreement; and WHEREAS, Section 953.08, The Code of h,dian River County, provides, "No building permit approval shall be issued until any applicable 'fair share roadway improvements fee' is paid according to these provisions. The obligation to pay the fee shall run with the land."; and WHEREAS, Subsection 953.07(b), The Code of Indian River County, provides in part, "The fee shall be paid to the county administrator or his designee, prior to issuance of a building permit for the development and no building permit shall be final until any applicable fee has been paid."; and WHEREAS, under the authority of Section 125.045, Florida Statutes (2002), in an effort to attract and retain business enterprises, with regard to commercial developments having a fair share roadway improvements fee of less than $50,000, the County is willing to deem the fair share roadway improvements fee as paid at the time of issuance of a building permit and forbear collection until the time of issuance of a certificate of occupancy or a period of twelve (12) months after issuance of a building permit, whichever comes first; and W H EREAS, the City collects fair share roadway improvements fees on behalf of the County for development within the geographic bounds of the City of Sebastian, In consideration of the mutual promises contained herein, the County and the City hereby agree as follows: 1. For commercial developments within the geographic bounds of the City of Sebastian having a fair share roadway improvements fee of less than $50,000, the County shall deem the fair share roadway improvements fee set forth in Chapter 953, The Code of Indian River County, as paid at the time of issuance of a building permit, and forbear collection until the time of issuance of a certificate of occupancy or a period of twelve (12) months after issuance of a building permit, whichever comes first. 2. For commercial developments within the geographic bounds of the City of Sebastian having a fair share roadway improvements fee of less than $50,000, relying on the County's forbearance as provided in Section 1 infra., the City shall issue a building permit provided other requirements for the issuance of a building permit are satisfied notwithstanding the absence of the applicable fair share roadway improvements fee, and shall not issue a certificate of occupancy until the applicable fair share roadway improvements fee is collected. 3. The County agrees to indemnify, defend, and hold harmless the City from and against any and all claims, demands, losses, liabilities, judgments and expenses of any nature whatsoever, including reasonable attorney's fees both at trial and appellate level and all costs of litigation, which may be asserted against or imposed upon the City and which may arise out of or be attributable to, directly or indirectly, the City's refusal to issue a certificate of occupancy when the City has relied upon this Intedocal Agreement to issue a building permit without collecting the fair share roadway improvement fee due to the County's forbearance. Nothing contained herein shall be construed as a waiver of any immunity from, or limitation of, liability the City may have under the Doctrine of Sovereign Immunity of Section 768.28, Florida Statutes (2002). 4. Either party may terminate this Interlocal Agreement upon thirty (30) days' written notice to the other party by certified mail, return receipt requested, or by overnight delivery. Such termination shall not affect the County's forbearance or the County's obligation to indemnify and hold harmless the City as set forth in this Interlocal Agreement as applied to projects for which the City had issued a building permit prior to the termination date based on this Interlocal Agreement. 5. The County acknowledges that the City is not responsible for paying the fair share roadway improvements fee in the event the City does not collect said fee prior to issuing any certificate of occupancy and further the County expressly releases and forever discharges the City of and from all liability, demands, actions or rights of action that the County has or may have, whether now known or unknown, foreseen or unforeseen or claim to have against the City for the City's failure to collect any fair share roadway improvements fee at the time a certificate of occupancy is issued in accordance with the terms of this Interlocal Agreement. 6. For commercial developments within the geographic bounds of the City of Sebastian having a fair share roadway improvements fee of less than $50,000, the City shall not issue a building permit unless the developer first either submits to the City a certified copy of an executed forbearance agreement between the County and the developer providing for the forbearance described in the Intedocal Agreement or remits to the City funds in the amount of the applicable fair share roadway improvements fee for payment to the County. IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their duly authorized officials on the dates indicated below. 2 Attest: J. K. Barton, Clerk B Deputy Clerk INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Date: Oanuar7 7, 2003 Approved: y Administrator County ~r~ey CITY OF SEBASTIAN Attest: Sally A. Maio ,--6ity Clerk Walter Barnes, Mayor Date: i2/11/o2 City Attorney 3