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C <br /> Interlocal Agreement Between the County and Town of Orchid Related to Impact Fees <br /> INDIAN RIVER COUNTY, FLORIDA <br /> INTERLOCAL AGREEMENT BETWEEN INDIAN <br /> RIVER COUNTY, FLORIDA <br /> AND THE TOWN OF ORCHID, FLORIDA <br /> RELATING TO IMPACT FEES <br /> THIS AGREEMENT, entered into this 17th day of May , 20055 <br /> between Indian River County, Florida, a political subdivision of the State of Florida <br /> (the "County") and the Town of Orchid, a body corporate existing under the laws of <br /> the State of Florida (the "Town") , provides for the Town to collect Impact Fees for <br /> Countywide Capital Facilities from all new development in the Town, and to transfer <br /> said Impact Fees to the County for deposit into appropriate, segregated, interest- <br /> bearing County Impact Fee trust fund accounts for appropriation and expenditure only <br /> in accordance with Ordinance . <br /> WITNESSETH : <br /> WHEREAS, the County proposes to adopt the Indian River County Impact <br /> Fee Ordinance (the "Ordinance ") which would impose Countywide Impact Fees <br /> ("Impact Fees ") on new development in order to accommodate the fiscal impacts of <br /> new development on Capital Facilities ; and <br /> WHEREAS , the County has developed a Capital Improvements Element <br /> (CIE) of the Indian River County Comprehensive Plan, which includes capital projects <br /> for the Capital Facilities to be funded , in full or in part, with Impact Fee funds <br /> collected and transferred to the County by wire transfer, pursuant to the Ordinance , <br /> and which identifies the specific system improvements needed to meet the projected <br /> demand for Capital Facilities from anticipated new growth and development <br /> Countywide ; and <br /> WHEREAS , the School Board of Indian River County (the "School Board") <br /> has developed a five- year facility plan, which includes capital projects for public <br /> education facilities to be funded in part with Impact Fee funds collected pursuant to <br /> the Ordinance, and which identifies the specific education facilities improvements <br /> needed to meet the projected demand for public education facilities generated by new <br /> growth and development Countywide ; and <br /> WHEREAS , the County is authorized, pursuant to the powers conferred upon <br /> it through, inter alfa, Article VIII of the Florida Constitution and Chapters 125 and <br /> 163 , Florida Statutes , to adopt proportionate Countywide Impact Fees in order to <br /> offset the cost of providing Countywide Capital Facilities , the need for which is <br /> generated by new development and the benefits of which will accrue to new <br /> development within incorporated and unincorporated areas of the County; and <br /> WHEREAS , the County has prepared an Impact Fee calculation methodology, <br /> which is set forth in methodology reports for each Capital Facility (the "Methodology <br /> Reports") for which Impact Fees will be collected , which ensures that the Impact Fees <br /> comply with all legal standards , including, but not limited to , proportionate <br /> share/rational nexus principles as required by impact fee case law ; and <br /> Page 1 of 10 <br /> April 4, 2005 <br />