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6-24-2020 <br />INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY FLORIDA AND <br />THE CITY OF FELLSMERE, FLORIDA RELATING TO THE ANNEXATION OF <br />ENCLAVES <br />THIS INTERLOCAL AGREEMENT is made on this day of Lt) <br />2020 between the CITY OF F E L L S M E R E, a municipal corporation located in Indian <br />River County, Florida, hereinafter referred to as "City," and INDIAN RIVER COUNTY, a <br />political subdivision of the State of Florida, hereinafter referred to as "County", each entity <br />constituting a "public agency" as defined in Part I, Chapter 163, Florida Statutes (2019). <br />WHEREAS, Section 163.01, Florida Statutes (2019), known as the "Florida Interlocal <br />Cooperation Act of 1969," authorizes local governments and public agencies to enter into <br />interlocal agreements with each other to jointly exercise any power, privilege, or authority <br />which such agencies share in common and which each might exercise separately; and <br />WHEREAS, Section 171.046, Florida Statutes (2019), provides for annexation of <br />certain enclaves by interlocal agreement between the annexing municipality and the county <br />having jurisdiction of the enclave; and <br />WHEREAS, Section 171.046, Florida Statutes (2019), limits annexation by interlocal <br />agreement to enclaves of one hundred and ten (110) acres or less in size; and <br />WHEREAS, Section 171.031(13), Florida Statutes (2019), defines enclaves as <br />unincorporated developed or improved property bounded on all sides by a single municipality, <br />or bounded by a single municipality and by a natural or manmade obstacle that allows the <br />passage of vehicular traffic to that unincorporated area only through the municipality; and <br />WHEREAS, the County and the City have determined that it is appropriate and will <br />promote efficient provision of governmental services for the City to annex certain enclaves; <br />and <br />WHEREAS, the parcels to be annexed via this Interlocal Agreement meet the <br />requirements set out in Sections 171.031(13) and 171.046, Florida Statutes (2019), as such <br />enclaves are developed or are improved, are one hundred and ten (110) acres or less in size, <br />and are completely surrounded by the municipality or are bounded by the municipality <br />and a natural or manmade obstacle that allows the passage of vehicular traffic to the enclaves <br />only through the municipality; and <br />WHEREAS, the County and the City agree that the parcels to be annexed via this <br />Agreement are subject to the Indian River County Comprehensive Plan, including the Future <br />Land Use Map, and the County Land Development Regulations until the City adopts a <br />Comprehensive Plan amendment to include the parcels to be annexed into the City, <br />NOW, THEREFORE, in consideration of the mutual representations, terms and <br />covenants hereinafter set forth, the parties hereby agree as follows: <br />3120200044602 <br />RECORDED IN THE PUBLIC RECORDS OF <br />JEFFREY R SMITH. CLERK OF COURT <br />INDIAN RIVER COUNTY FL <br />BK'. 3324 PG. 2474 Page 1 of 6 8/4/2020 1'33 PM <br />