1/4/2021 3:05:37 PM
2/13/2019 12:59:08 PM
Official Document Type
Agenda Item Number
Kiducation / Kim Gilbert
impact fee deferral contract
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IMPACT FEE PAYMENT DEFERRAL CONTRACT <br />THIS IMPACT FAE PAYMENT DEFERRAL CONTRACT (hereinafter "Contract") <br />is entered into as of the day of Te h d ,pj at (hereinafter "Effective Date") by and <br />between Indian River County, Florida, a political subdivision of the State of Florida ("County") <br />and Kiducation, Inc., a Florida corporation, (hereinafter "Owner"). <br />WHEREAS, Owner applied for a building permit for the property located at 1728 and <br />1730 24th Street, Vero Beach, FL, 32960, as further described in Exhibit "A" attached (the <br />"Property"); and <br />WHEREAS, during the review process it was discovered that a prior owner of the Property <br />had changed the use of the Property from an assisted living facility to a preschool, but failed to <br />pay the increase in impact fees for the Property as a result of the change in use; and <br />WHEREAS, Owner is currently using the Property for a preschool use with approximately <br />6,461 square feet; and <br />WHEREAS, the impact fees owed to County as a result of the change from adult living <br />facility to preschool are $7,930.78; and <br />WHEREAS, after consideration at a public meeting, the Indian River County Board of <br />County Commissioners voted that based upon the extraordinary circumstances, the Board would <br />allow the Owner to defer payment of the impact fees until the Property was sold to another owner, <br />NOW, THEREFORE, in consideration of the foregoing and the mutual benefits, <br />undertakings and covenants contained herein, and other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: <br />Section 1. Adoption of "Whereas" Clauses. <br />The above recitals are true and correct and are incorporated herein. <br />Section 2. No Admission of Guilt or Fault. <br />Neither the County nor the Owner admit any fault or guilt with respect to the. lack of payment of <br />the impact fees owed for the Property. <br />Section 3. Impact Fee Deferral. <br />The impact fee owed for the use of the Property as a preschool use with approximately 6,461 <br />square feet is $7,930.78, which shall be deferred without interest until the change in ownership of <br />the Property. <br />3120190008847 <br />RECORDED IN THE PUBLIC RECORDS OF <br />JEFFREY R SMITH, CLERK OF COURT <br />INDIAN RIVER COUNTY FL <br />BK: 3183 PG: 2002 Page 1 of 4 2/13/2019 8:39 AM <br />FAAftomeylDylaOmpact Fee Payment Delemal Contract.docx <br />COUNTY ATTORNEY'S OFFICE <br />INDIAN RIVER COUNTY <br />1301 27th Street <br />Vero !Dodi, Florida 32960 <br />Page 1 of 4 <br />
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