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WHEREAS, Section 163.3180(13)(g), Florida Statutes, requires that, prior to establishing a School Concurrency program, the County, Cities and School Board adopt an Interlocal Agreement for School Concurrency to satisfy Sections 163.31777 and 163.3180 (13)(g), Florida Statutes; and WHEREAS, the County and Cities, also known as the "Local Governments," and School Board are entering into this Agreement in order to satisfy the requirement in Section 163.3180(13)(g)(4), Florida Statutes, that the agreement establish a process for the preparation, amendment, and joint approval by the Parties of a financially feasible capital facilities program that will result in public schools operating at the adopted level of service consistent with the timing specified in the School District's Five -Year Facilities Work Program, and the School Board's further commitment to update and adopt the plan yearly to add enough capacity in the new fifth year to address projected growth and to adjust the plan in order to maintain the adopted level of service and to demonstrate that the utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs and court -approved desegregation plans, as well as other factors, pursuant to Section 163.3180 (13)(g)(5) and 1013.35, Florida Statutes; and WHEREAS, the County and School Board had a "Memorandum of Understanding" forjoint review of new school sites and joint review of school site plans from 1986 until it was superseded by an Interlocal Agreement in 2003; and WHEREAS, the County, Cities and School Board have mutually agreed that coordination of school facility planning and comprehensive land use planning is in the best interests of the citizens and students of Indian River County; and WHEREAS, to achieve such coordination, Section 163.3 1 80(13)(b)l, Florida Statutes, requires that the Parties "establish jointly adequate level of service standards" to be applied in implementing school concurrency, and Section 163.31777(2)(a), Florida Statutes, requires that the Parties "agree and base their plans on consistent projections of the amount, type, and distribution of population growth and 'student enrollment;" and WHEREAS, the County has jurisdiction for land use and growth management decisions within its unincorporated boundaries and the Cities have similar jurisdiction within their boundaries; and WHEREAS, the School Board has the responsibility to make the best use of public school facilities to ensure a free and adequate public education to the residents of Indian River County; and WHEREAS, the County, Cities and School Board agree that they can better fulfill their respective responsibilities by working in close cooperation to ensure that adequate public school facilities are available for the residents of Indian River County; and WHEREAS, the School Board, is entering into this Agreement in reliance on the obligation of the County and Cities to adopt amendments to their local comprehensive plans to impose School Concurrency as provided in Section 163.3180(13), Florida Statutes; NOW, THEREFORE, be it mutually agreed that the County, the School Board and the Cities, (hereinafter referred to collectively as "Parties") hereby enter into this Agreement, and that the following procedures and requirements will be followed and met to establish School Concurrency and to coordinate land use and public school facilities planning: F.Xommunity Development%Users0.0NG RANGDCompPlan AmendmeWPubhc Schools\UpdatesVLATINAL IRC Interlocal Agreement - January 31, 2008.doc 2