HomeMy WebLinkAbout2010-143 _J
Ave
AGREEMENT RELATING TO 2010 FIRE PROTECTION CHARGE
THIS AGREEMENT is entered into this 1st day Of June , 2010 , 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 January 2010 , Fellsmere sent an invoice to County for its 2010
annual fire protection charge in the amount of $ 25 , 425 ( " 2010 Charge ") . County
refused to pay the 2010 Charge, and Fellsmere initiated code enforcement
proceedings which are scheduled for hearing before the Special Master on June 9 ,
2010 ; and
C . The parties desire to limit the cost and expense of determining
County ' s liability for the 2010 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 . Pavnnent . Within thirty (30) days from the date hereof, County will deliver to
Fellsmere payment in full of the 2010 Charge . The payment shall be deemed to be " under
protest, " and subject to possible refund pUusuant 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 2010 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 .
F: 4.I11arne"I Alan IALIo (bem cure Frleelof Iv 20 / 0 fie I rhnrgr ugrrrnavu. elm /]age 1 qf 2
a
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 ( i ) Fellsmere shall have no obligation to
refund payment of the 2010 Charge, and ( ii ) Fellsmere shall have the right to seek before the
Special Master an award of attorneys fees and costs , including hearing costs and special master
fees , associated with the 2010 Charge .
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of th�a�.
date first written above .
.y „
INDIAN RIVER COUNTY THE CITY OF FELLSMERE
By its Board of County Commissioners By its City COImCl
6aLBy : �e C By :
Peter- D . O ' Bryar Chairman Susan Adams , Mayor
Date approved by BCC : June 1 , 2010 Date approved by ColmCl : �d
�MMc1(e(u+c//ra ooa
ATTEST : J . K . Barton , Clerk °°��jsp'•y
o , e �1
of '
o a a i
0 n
e
o e a
o ° a
Be o a
" e° o°
M � uFZEErI) C' C Deputy Clerk ;, ° ° o
e ° 0
90
e° oa
° ° • a 0°
O
°000sao oeaaa
0
Approved .
r - A 0 -A J, C
J s ph A . Baird , County Administrator
Approved as to form and legal sufficiency .
Alan S . Polackwich , Sr . , County Attorney
ITl.buu'nrrl.11un Nllnc CunlrurrdFr+lviu r _`0 / ll fi 'r ehurgr ugr'rrumm. Jur Page 2 of' 2