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
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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.
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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
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