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A <br />COUNTY ATTORNEY'S OFFICE <br />INDIAN RIVER COUNTY <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />3120170040665 <br />RECORDED IN THE PUBLIC RECORDS OF <br />JEFFREY R SMITH, CLERK OF COURT <br />INDIAN RIVER COUNTY FL <br />BK: 3040 PG: 1167 Page 1 of 5 7/13/2017 10:24 AM <br />INTERLOCAL AGREEMENT BETWEEN T. <br />CITY OF SEBASTIAN AND INDIAN RIVER COMFY.' <br />AIRPORT ZONING REGULATIONS <br />CHAPTER 333 FLORIDA STATUTES <br />THIS INTERLOCAL AGREEMENT is made and entered into this 1 lth day <br />of mil , 2017, by and between the City of Sebastian, Florida, hereinafter <br />referred to as the "CITY", and Indian River County, Florida, a political subdivision of the <br />State of Florida, hereinafter referred to as the "COUNTY," <br />WHEREAS, the CITY and the COUNTY constitute "political subdivisions" pursuant <br />to chapter 333 of the Florida Statutes, with respect to the adoption and enforcement of <br />airport zoning regulations under the provisions of that chapter; and <br />WHEREAS, the CITY owns and operates the Sebastian Municipal Airport <br />(hereafter the "AIRPORT") which is situated entirely within the municipal limits of the CITY <br />and is bordered by unincorporated Indian River County; and <br />WHEREAS, certain activities and uses of land in the immediate vicinity of <br />airports as enumerated in s. 333.03(2), F.S., are not compatible with normal airport <br />operations, and may, if not regulated, also endanger the lives of airport users, adversely <br />affect their health, or otherwise limit the accomplishment of normal activities; and <br />WHEREAS, some airport hazard areas appertaining to the AIRPORT are located <br />wholly or partly in the territorial limits of the CITY, while other such areas are located <br />wholly or partly in the territorial limits of the COUNTY; and <br />WHEREAS, the CITY and COUNTY have heretofore adopted regulations pursuant <br />to chapter 333, and those regulations will be updated, if necessary, in order to comply with <br />subsequent changes to the statute; and <br />WHEREAS, by entering into this Interlocal Agreement pursuant to the provisions of <br />s. 163.01 and s. 333.03(b)1., F.S., the CITY and the COUNTY acknowledge their <br />obligation, in conformity with s. 333.03(1)(b)1., F.S., to adopt, administer, and enforce <br />airport zoning regulations applicable to the airport hazard areas, and to the extent allowed <br />by law restrict the use of land adjacent to or in the immediate vicinity of the Airport to <br />activities and purposes compatible with the continuation of normal airport operations <br />including landing and takeoff of aircraft in order to promote public health, safety, and <br />general welfare. <br />NOW, THEREFORE, in consideration of the forgoing and the mutual covenants <br />hereinafter contained, it is agreed between the CITY and the COUNTY as follows: <br />Section 1. Airport Zoning Regulations. <br />Pursuant to the procedures specified in s. 333.05, F.S., the CITY and the COUNTY <br />shall proceed to concurrently develop, administer, and enforce updated airport <br />protection zoning regulations and airport land use compatibility zoning regulations <br />governing the use of land on, adjacent to, or in the immediate vicinity of the AIRPORT, <br />in compliance with Chapter 333, Florida Statutes. Nothing in this Agreement shall <br />obligate the CITY or the COUNTY to revise its land development regulations to <br />regulate: (1) the height that trees are permitted to grow; (2) the offsite impacts of lights <br />