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Interlocal Agreement Between the County and Town of Orchid Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA SECTION 3 . PURPOSE . The purpose of this Agreement is to ensure that Impact Fees necessary for the adequate provision of Countywide Capital Facilities (a) are imposed upon, and collected from, new development in the Town, including public development projects, in an equitable and fair manner; (b) are transferred, upon collection by the Town, to the County for placement in segregated , interest-bearing trust fund account ; and (c) are appropriated and expended in accordance with the Ordinance and applicable laws . SECTION 4 . DEFINITIONS . For the purposes of this Agreement, the following terms are defined as indicated below : Building Permit means a permit issued by the Town that authorizes the commencement of a development activity that results in the creation of new floor area or one or more new dwelling units , including an expansion to a single- family residence that results in an increase in square footage under air from a lower size category to a higher size category, as provided in the County ' s impact fee schedule, and thereby generates a demand for Countywide Capital Facilities . Capital Facilities means capacity-producing land, buildings, improvements, and equipment with at least a five year life expectancy, necessary for the provision of public services to new development . Countywide means related to or applicable to areas within the incorporated and unincorporated areas of Indian River County. Countywide Capital Facilities means those Capital Facilities that are provided throughout the Town and the unincorporated areas of the County, which are not otherwise provided by the Town, and for which the County imposes Impact Fees Countywide . "Countywide Capital Facilities" include, but are not limited to , Capital Facilities related to corrections , solid waste , County public buildings , libraries , fire and emergency services , public education and County roadway improvements . Impact Fee means a fee assessed pursuant to the Ordinance and collected and transmitted pursuant to this Agreement to offset the costs of providing Countywide Capital Facilities necessary to serve new development within the County. Indian River County Impact Fee Ordinance means the Ordinance approved by the County Commission in May of 2005 , including all amendments thereto subsequently adopted in the manner prescribed in this Agreement . Methodology Reports means the reports, and all amendments thereto , adopted by the County Commission, prepared in support of the proportionate Impact Fees established and imposed by the Ordinance . SECTION 5. RESPONSIBILITIES OF THE TOWN. (a) The Town will establish a segregated account, into which all Impact Fee funds collected by the Town, pursuant to this Agreement, will be maintained until such time as they are transferred to the County consistent with the Ordinance and the terms of this Agreement . Page 4 of 10 April 4, 2005