HomeMy WebLinkAbout2004-201 This document was prepared by F / � `� 0
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1840 25th St., Vey Beach, O • o2U 1
Florida 3214
FAIR SHARE ROADWAY IMPROVEMENTS AND
WATER AND SEWER CAPACITY CHARGES FEE AGREEMENT
THIS AGREEMENT between Indian River County , a political subdivision of the
State of Florida (" County" ) , and INDIAN RIVER INDUSTRIAL CENTER , INC . , a Florida
corporation ( " Developer ' ) , is effective upon its execution by the second of the two
parties .
WITNESSETH :
WHEREAS , Developer is undertaking a non - residential development in Indian
River County , Florida , which , pursuant to Chapter 953 , the Code of Indian River County ,
requires the payments of the following fees :
Traffic Impact Fee $ 17 , 413 . 20
3 Water ERUs 31900 . 00
3 Sewer ERUs 81388 . 00
TOTAL $ 29 , 701 . 20
which sum is less than $ 50 , 000 . 00 ; and
WHEREAS , it is the policy of the Indian River County Board of County
Commissioners , pursuant to the County' s economic development powers as set forth in
Florida Statute Section 125 . 045 , to expend public funds to attract and retain business
enterprises , and the use of public funds toward the achievement of such economic
development constitutes a legitimate public purpose ; and
WHEREAS , the Indian River County Board of County Commissioners has
established a policy promoting economic development of non - residential developments
having traffic impact fees of less than $ 50 , 000 . 00 ; and
WHEREAS , The Indian River County Code requires the payment of the fair share
fee and water and sewer capacity charges prior to issuance of a building permit ; and
WHEREAS , it is the stated policy of the governing board of Indian River County
to forbear collection of the traffic impact fee and water and sewer capacity charges in
connection with non - residential developments having fees of less than $ 50 , 000 . 00 until
the time of the issuance of certificate of occupancy in order to promote economic
development within Indian River County ; and
WHEREAS , by Resolution 2003 -002 , as amended , the Indian River County
Board of County Commissioners has delegated authority to execute this agreement on
its behalf to the Indian River County Community Development Director or his designee ,
NOW , THEREFORE , in consideration of the mutual covenants set forth herein ,
the parties to this agreement agree as follows : 1575929
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK : 1781 PG : 1699 , Pagel of s
09/15/2004 at 02 :25 PM,
JEFFREY K BARTON, CLERK OF
COURT
f
1 . Upon execution of this agreement by the second of the two parties , traffic
impact fees and water and sewer capacity charges associated with the following non -
residential development Lot 5 of INDIAN RIVER INDUSTRIAL CENTER and located as
described on the attached Exhibit "A" will be paid by Indian River County , conditioned
on the agreement of Developer to pay said fees prior to the issuance of a certificate of
occupancy for the project or within six months , whichever is earlier.
2 . The County agrees to forbear collection of traffic impact fees and water
and sewer capacity charges from Developer in connection with the subject project until
the time of Developer' s application for a certificate of occupancy or six months from the
effective date of this agreement , whichever is earlier.
3 . A certificate of occupancy for the subject project shall not be issued until
after the Developer remits a cashier' s check in payment of the applicable fair share
roadway improvements fee and water and sewer capacity charges .
4 . In consideration of the County' s forbearance of collection of the traffic
impact fees and water and sewer capacity charges at the time of building permit
application , the Developer acknowledges his/her/its obligation to pay said fees and
charges to Indian River County prior to the issuance of a certificate of occupancy by
Indian River County or by the municipality having jurisdiction .
5 . This agreement shall be recorded in the official records of Indian River
County , Florida , and may be recorded in the official records of other counties , and shall
be binding upon the Developer' s successors , heirs , devisees , grantees , and assigns .
Developer shall pay all recording fees .
6 . Developer acknowledges and agrees that , upon recordation of this
agreement in the official records of Indian River County , Florida , or in the official records
of any other county , this agreement shall constitute a lien against all real property
owned by Developer in Indian River County , Florida , and in such other county , in the
amount of the traffic impact fee set forth above . In the event Developer fails to pay the
subject traffic impact fees or water and sewer capacity charges within six months from
the effective date of this agreement , interest shall begin to accrue at the statutory rate
for judgments on the 366th day following the effective date hereof.
7 . Developer shall defend , indemnify , and hold harmless the County , and the
County' s officers , employees , and agents , and the municipality having jurisdiction , and
such municipality' s officers , employees , and agents , from and against any claim , cause
of action , liability , judgment , and damages , of any nature whatsoever, including attorney
fees , related to the subject project or arising out of this agreement . In any defense
provided by Developer pursuant to this agreement , the County , or if the project is within
a municipality , the municipality having jurisdiction , or both , may select defense counsel ,
and the County and the municipality having jurisdiction may direct their respective
defenses .
2
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1
8 . This agreement touches and concerns the land upon which this project is
being developed .
9 . Venue for any lawsuit by either party against the other party or otherwise
arising out of this agreement shall be in Indian River County , Florida , or in the event of
federal jurisdiction , in the United States District Court for the Southern District of Florida .
10 . In the event Developer breaches any provision of this agreement , the
County may rescind its forbearance and accelerate Developer' s obligation to pay in full
the applicable traffic impact fee or water and sewer capacity charges . The County may
enforce such acceleration of Developer' s obligation to pay in full the applicable traffic
impact fee by any legal means , including any available legal remedy at law or in equity .
11 . The undersigned signatory for Developer warrants on behalf of Developer
that he or she is duly authorized to execute this agreement .
Indian River County
By . !moi
AT � •� ° ° ° Cha ' man
. ° ' e� K . Barton Caroline D . Ginn ,
e , Court Board of County Commissioners
By, all BCC approved : A Z24 X04
'v At
STA fi �" t k= qDA
COUNTY° C Fwltg6lAN RIVER
The foregoing was acknowledged before me this Zi 'µ ' day of August , 2004 , by
Caroline D . Ginn , Chairman of the Board of County Commissioners of Indian River
County , Florida . She is personally known to me .
g
Signature of Notary Public OState of Florida
Print , Type or Stamp Commissioned Name of
Notary Public
.ax ?&` Kimberly E. Massung
4.r
MY COMMISSION # DD216503 EXPIRES
July 15, 2007
� BONDED THRU TROY FAIN INSURANCE, INC
3
Approved :
Cf) �
J eph . Baird
ounty Administrator
Apr ed as to form an al s iency :
I tins II
County Attorney
Developer: INDIAN RIVER INDUSTRIAL
CENTER , I
Witnesses :
By : �l
Printed Name : athvba4 L , l,J14� i6tf T
� Printed Name : Tho4s J . Thompson
Title : President
PVnted Name :
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing was acknowledged before me this day of ,
2004 , by Thomas J . Thompson , President of INDIAN RIVER INDUSTRIAL CWTER ,
INC . , a Florida corporation .
Signature of Notary Public - State of Florida
Print , Type or Stamp Commissioned Name of
KAW
Notary Public '` Lee R,
• • My COMMWM 00315 '1
May � s, 2MPersonally Known OR Produced Identification
Type of Identification Produced
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RESOLUTION NO , 2004- 094
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
AMENDING RESOLUTION NO . 2003 -002 , TO INCLUDE
FORBEARANCE OF WATER AND SEWER CAPACITY
CHARGES .
WHEREAS , by Resolution No . 2003- 002 the Board of County Commissioners
authorized forbearance of traffic impact fees by the use of Fair Share Roadway
Improvements Fee Agreement ; and
WHEREAS , it is necessary to expand the authority to include forbearance of
water and sewer capacity charges ,
NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS that Resolution No . 2003 -002 is amended to include forbearance of
water and sewer capacity charges .
The resolution was moved for adoption by Commissioner
Adams and the motion was seconded by Commissioner
Macht and , upon being put to a vote , the vote was as follows :
Chairman Caroline D . Ginn Aye
Vice Chairman Arthur R . Neuberger -A—
Commissioner Kenneth R . Macht _
Commissioner Thomas S . Lowther —Aye
Commissioner Fran B . AdamsAye _
The Chairman thereupon declared the resolution duly passed and adopted this
24t day of August , 2004 .
BOARD OF COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest : J . K. Barton , Clerk ,
r By
By � ! Caroline D . Ginn , C firman
Deputy Jerk '
RPP OVEO AS TO FORM
AND, SUFF«tENGl'
F : \Attomey\Lea\Docs\reso\amend traffic forbear agree incl w and s capacity chgs . doc
LAM C�. C tCt #J
COUNTY ATTORNEY