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Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA RELATING TO PUBLIC EDUCATION FACILITIES IMPACT FEES THIS AGREEMENT, entered into this 28 day of April 2005 between Indian River County, Florida, a political subdivision of the State of Florida (the "County") , and the School Board of Indian River County, Florida, a body corporate existing under the laws of the State of Florida (the "School Board") , provides for the transfer from the County to the School Board of Public Education Impact Fee funds collected by the County from new development in the County and its municipalities , and for the expenditure of Public Education Facilities Impact Fee funds by the School Board in accordance with County Ordinance . WITNESSETH : WHEREAS , the County proposes to adopt the Indian River County Impact Fee Ordinance (the "Ordinance") , which would impose, inter alia, Public Education Facilities Impact Fees on new development in order to accommodate the fiscal impacts of new development on Public Education Facilities ; and WHEREAS , the Ordinance requires an interlocal agreement between the County and the School Board ; and WHEREAS , the School Board has developed a five- year facility plan, which includes capital projects for Public Education Facilities eligible to be funded, in full or in part, with Public Education Facilities Impact Fee funds and which identifies the Public Education Facilities needed to meet the projected demand for such facilities created by new growth and development throughout the County, including within the incorporated municipalities in the County; and WHEREAS , the County is authorized, pursuant to the powers conferred upon it through, inter alia, Article VIII of the Florida Constitution and Chapters 125 and 163 , Florida Statutes , to adopt proportionate share impact fees in order to offset the cost of providing capital facilities , the need for which is generated by new development and the benefits of which will accrue to new development ; and WHEREAS , the County has prepared a Public Education Facilities Impact Fee calculation methodology, which is set forth in a report for Public Education Facilities Impact Fees (the "Methodology Report"), and which ensures that Public Education Facilities Impact Fees comply with applicable legal principles , including, but not limited to , the proportionate share/rational nexus standard as required by impact fee case law ; and WHEREAS , the School Board concurs with the County ' s methodology and calculation of Public Education Facilities Impact Fees imposed by the Ordinance, as set forth and adopted in the Methodology Report, and that the Public Education Facilities Impact Fees imposed by the Ordinance are reasonable and proportionate to the impact of new development on Public Education Facilities ; and WHEREAS , the School Board system is a countywide system that serves the unincorporated County as well as the incorporated municipalities within the County; and Page I of 8