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INTERLOCAL AGREEEMNT BETWEEN INDIAN RIVER COUNTY FLORIDA AND ® THE CITY OF FELLSMERE, FLORIDA RELATING TO THE ANI4EXATION •OF ENCLAVES • THIS INTERLOCAL AGREEMENT is made on this _ day of 2014 between the CITY OF FELLS MERE, a municipal corporation located in Indian River County, Florida, hereinafter referred to as "City," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", each entity constituting a "public agency" as defined in Part I, Chapter 163, Florida Statutes (2014). WHEREAS, Section 163.01, Florida Statutes (2014), known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments and public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 171.046, Florida Statutes (2014), provides for annexation of certain enclaves by interlocal agreement between the annexing municipality and the county having jurisdiction of the enclave; and WHEREAS, Section 171.046, Florida Statutes (2014), limits annexation by interlocal agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031(13), Florida Statutes (2014), defines enclaves as unincorporated developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the City have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; and WHEREAS, the parcels to be annexed via this lnterlocal Agreement meet the requirements set out in Sections 171.031(13) and 171.046, Florida Statutes (2014), as such enclaves are developed or are improved, are ten (10) acres or less in size, and are completely surrounded by the City or are bounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the County and the City agree that the parcels to be annexed via this Agreement are subject to the Indian River County Comprehensive Plan, including the Future Land Use Map, and the County Land Development Regulations until the City adopts a Comprehensive Plan amendment to include the parcels to be annexed into the City, NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: F:Wttomey'Nancy\DOCS\DYLAN\Feilsmere Enclave ILA.docx Page 1 of 3 114