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Interlocal Agreement Between the County and City of Vero Beach Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA ( 1 ) claims an Impact Fee credit in lieu of payment of the Impact Fee required by the Ordinance ; (2) wishes to appeal the assessment, collection, or expenditure of Impact Fees ; (3 ) seeks the refund of an Impact Fee paid ; or (4) claims that the land use proposed does not generate the impacts assumed by the County as reflected in the Impact Fees explicitly imposed by the Ordinance . SECTION 6 . RESPONSIBILITIES OF THE COUNTY. (a) Prior to the issuance of a building permit for development proposed within the City, the County will calculate and collect Impact Fees for Countywide Capital Facilities based on the fees established by the countywide impact fee ordinance . (b) In addition to the Impact Fees , the County will assess an administrative charge equal to three percent ( 3 %) of the total Impact Fees due for each application to offset the costs to the County of collecting Impact Fees and administering the impact fee program . (c) The County will place all Impact Fee funds in segregated Impact Fee accounts , by Countywide Capital Facility, as provided for in the Ordinance . The County will appropriate and expend Impact Fee funds only in accordance with the Ordinance and applicable law . (d) The County will review all applications for credits , refunds , independent fee calculation studies , exemptions , and appeals . The County will refund Impact Fees to the Building Permit Applicant for revoked, expired, or withdrawn building permits , pursuant to the terms of the Ordinance . Administrative charges provided for in subsection 6(b) above will not be refunded, unless so directed by the County Administrator. (e) The County will provide thirty (30) days notice to the City prior to any amendment to the Ordinance , including any change to the amount of an Impact Fee imposed on a particular Countywide Capital Facility. During this period, the City may provide comments and input regarding the proposed amendment . The County ' s notice to the City will describe the nature of the proposed amendment and will include any staff reports or Methodology Reports prepared in support of the amendment . Amendments to the Ordinance that are made subsequent to the execution of this Agreement, including changes to the amount of the Impact Fees assessed for Countywide Capital Facilities , shall be binding and shall not affect the obligations or duties imposed by this Agreement upon the parties , unless , the City terminates the interlocal agreement pursuant to subsection 8 (b) . (f) County staff will cooperate with the City in the administration of the impact fee program and compliance with the terms of this Agreement . Page 5 of 8 April 4, 2005