The URL can be used to link to this page

Home My WebLink About2011-069 APR 13 2011 AGREEMENT RELATING TO 2011 FIRE PROTECTION CHARGE THIS AGREEMENT is entered into this 15thday of March , 2011 , by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida (" County" ) , and THE CITY OF FELLSMERE , a municipality incorporated in the State of Florida ("Fel Ismere" ) . RECITALS : A . In January 2009 , Fellsmere sent an invoice to County for its 2009 annual fire protection charge ( " 2009 Charge " ) . County paid approximately one - half of the charge , and refused to pay the balance . Fellsmere initiated code enforcement proceedings which resulted in a Special Master order requiring County to pay the balance of the 2009 Charge , plus additional amounts . County has appealed the Special Master order , and the appeal is pending before the appellate panel of the Circuit Court , Nineteenth Judicial Circuit (" 2009 Appeal " ) ; B . In December 2010 , Fellsmere sent an invoice to County for its 2011 annual fire protection charge in the amount of $ 25 ,425 (" 2011 Charge" ) ; and C . The parties desire to limit the cost and expense of determining County ' s liability for the 2011 Charge . NOW, THEREFORE , in consideration of the mutual undertakings herein , and other good and valuable consideration , the parties hereby agree , as follows : 1 . Recitals . The above recitals are true and correct , and are incorporated herein . 2 . Payment. Within thirty (30 ) days from the date hereof, County will deliver to Fellsmere payment in full of the 2011 Charge . The payment shall be deemed to be " under protest , " and subject to possible refund pursuant to the terms of this Agreement . There snail be no restriction upon the use of such funds by Fellsmere following receipt of the payment . 3 . 2009 Appeal Resolved in Favor of County . If it is finally determined in the 2009 Appeal that County is not liable for the 2009 Charge , Fellsmere shall refund to County its payment of the 2011 Charge . The phrase "finally determined" shall mean a final , non - appealable order of any appellate court last exercising jurisdiction in the 2009 Appeal ("Final Order" ) . Refund shall be made within thirty ( 30 ) days of such Final Order . 4 . 2009 Appeal Resolved in Favor of Fellsmere . If it is determined in the Final Order that County is liable for the 2009 Charge , then Fellsmere shall have no obligation to refund payment of the 2011 Charge . C:Wa;AA1brComra( aV6elleawre 2011fire dwrgr agreemen1.dnr Page I of 2 APR 13 2011 AGREEMENT RELATING TO 2011 FIRE PROTECTION CHARGE THIS AGREEMENT is entered into this 15t day of march , 2011 , by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida (" County " ) , and THE CITY OF FELLSMERE , a municipality incorporated in the State of Florida ( "Fellsmere" ) . RECITALS : A . In January 2009 , Fellsmere sent an invoice to County for its 2009 annual fire protection charge (" 2009 Charge " ) . County paid approximately one - half of the charge , and refused to pay the balance . Fellsmere initiated code enforcement proceedings which resulted in a Special Master order requiring County to pay the balance of the 2009 Charge , plus additional amounts . County has appealed the Special Master order, and the appeal is pending before the appellate panel of the Circuit Court , Nineteenth Judicial Circuit (" 2009 Appeal " ) ; B . In December 2010 , Fellsmere sent an invoice to County for its 2011 annual fire protection charge in the amount of $ 25 , 425 ( " 2011 Charge" ) ; and C . The parties desire to limit the cost and expense of determining County ' s liability for the 2011 Charge . NOW, THEREFORE , in consideration of the mutual undertakings herein , and other good and valuable consideration , the parties hereby agree , as follows : 1 . Recitals . The above recitals are true and correct , and are incorporated herein . 2 . Payment. Within thirty (30) days from the date hereof, County will deliver to Fellsmere payment in full of the 2011 Charge . The payment shall be deemed to be " under protest , " and subject to possible refund pursuant to the terms of this Agreement . There shall be no restriction upon the use of such funds by Fellsmere following receipt of the payment . 3 . 2009 Appeal Resolved in Favor of County . If it is finally determined in the 2009 Appeal that County is not liable for the 2009 Charge , Fellsmere shall refund to County its payment of the 2011 Charge . The phrase " finally determined" shall mean a final , non - appealable order of any appellate court last exercising jurisdiction in the 2009 Appeal ("Final Order" ) , Refund shall be made within thirty (30) days of such Final Order. 4 . 2009 Appeal Resolved in Favor of Fellsmere. If it is determined in the Final Order that County is liable for the 2009 Charge , then Fellsmere shall have no obligation to refund payment of the 2011 Charge . QVVnn�Wisr ContramVellnnere 2011fire ehnrge agnrmen I.Ihm. Page I of 2 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above . INDIAN RIVER COUNTY THE CITY OF FELLSMERE By its Board of County Commissioners By its City Council By : By : Bob Solari , Chairman Susan Adams , Mayor Date approved by BCC : 03 / 15 / 11 Date approved by Council : ° °1,° YOtl ° ppllptl Fny • / . ,f ��y COMM/ •"n 4 - , ta ^v 'IAj l. • , ^ V ' r : / J . •'i ATTEST : J . K . Barton , Clerk 41�•°v�• • s% ' 000unt a By : Deputy Clerk o07Y ., 9 0 606�' , ,�• ,• ��nf9 '- � . ,., \ oO6o�CQVltl1 ;,�oQ°Q - 0 ° n° noa nn ° . . , . \. Approved . osepl A . Baird, County Administrator Approved as to form and legal sufficiency . Alan S . Polackwich , Sr . , County Attorney G:WarAX1mc CanvactsVellsmere 2011fire charge agreemenfAm, Page 2 of 2 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above . INDIAN RIVER COUNTY THE CITY OF FELLSMERE By its Board of County Commissioners By its City Council By : By : Bob Solari , Chairman Susan Adams , Mayor Date approved by BCC : 03 / 15 / 11 Date approved by Council : ° °1,° YOtl ° ppllptl Fny • / . ,f ��y COMM/ •"n 4 - , ta ^v 'IAj l. • , ^ V ' r : / J . •'i ATTEST : J . K . Barton , Clerk 41�•°v�• • s% ' 000unt a By : Deputy Clerk o07Y ., 9 0 606�' , ,�• ,• ��nf9 '- � . ,., \ oO6o�CQVltl1 ;,�oQ°Q - 0 ° n° noa nn ° . . , . \. Approved . osepl A . Baird, County Administrator Approved as to form and legal sufficiency . Alan S . Polackwich , Sr . , County Attorney G:WarAX1mc CanvactsVellsmere 2011fire charge agreemenfAm, Page 2 of 2 APR 13 2011 AGREEMENT RELATING TO 2011 FIRE PROTECTION CHARGE THIS AGREEMENT is entered into this 15t day of march , 2011 , by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida (" County " ) , and THE CITY OF FELLSMERE , a municipality incorporated in the State of Florida ( "Fellsmere" ) . RECITALS : A . In January 2009 , Fellsmere sent an invoice to County for its 2009 annual fire protection charge (" 2009 Charge " ) . County paid approximately one - half of the charge , and refused to pay the balance . Fellsmere initiated code enforcement proceedings which resulted in a Special Master order requiring County to pay the balance of the 2009 Charge , plus additional amounts . County has appealed the Special Master order, and the appeal is pending before the appellate panel of the Circuit Court , Nineteenth Judicial Circuit (" 2009 Appeal " ) ; B . In December 2010 , Fellsmere sent an invoice to County for its 2011 annual fire protection charge in the amount of $ 25 , 425 ( " 2011 Charge" ) ; and C . The parties desire to limit the cost and expense of determining County ' s liability for the 2011 Charge . NOW, THEREFORE , in consideration of the mutual undertakings herein , and other good and valuable consideration , the parties hereby agree , as follows : 1 . Recitals . The above recitals are true and correct , and are incorporated herein . 2 . Payment. Within thirty (30) days from the date hereof, County will deliver to Fellsmere payment in full of the 2011 Charge . The payment shall be deemed to be " under protest , " and subject to possible refund pursuant to the terms of this Agreement . There shall be no restriction upon the use of such funds by Fellsmere following receipt of the payment . 3 . 2009 Appeal Resolved in Favor of County . If it is finally determined in the 2009 Appeal that County is not liable for the 2009 Charge , Fellsmere shall refund to County its payment of the 2011 Charge . The phrase " finally determined" shall mean a final , non - appealable order of any appellate court last exercising jurisdiction in the 2009 Appeal ("Final Order" ) , Refund shall be made within thirty (30) days of such Final Order. 4 . 2009 Appeal Resolved in Favor of Fellsmere. If it is determined in the Final Order that County is liable for the 2009 Charge , then Fellsmere shall have no obligation to refund payment of the 2011 Charge . QVVnn�Wisr ContramVellnnere 2011fire ehnrge agnrmen I.Ihm. Page I of 2