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HomeMy WebLinkAbout2004-094Z 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 :Vise Chairman Arthur R. Neuberger Aye {;14CommissionerKenneth R. Macht , !,t;.4 Commisioner Thomas &i ,.Lowther Commissioner Fran B. Adams AVP its i+ s�,t f MThe Ch6q f-,rnen,;iit�ereopon declared the resolution duly passed and adopted this �q"thday:ofl�^�A2004. BOARD OF COMMISSIONERS " INDIAN RIVER COUNTY, FLORIDA Attest: J.KBarton; Clerk - _ �� ° BY By Com/ r. �. "� Caroline D. Ginn, C firman Deputy { Alm ldift,As ro F:\Attorney\Lea\Docs\reso\amend traffic forbear agree incl w and s capacity chgs.doc 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 3,900.00 3 Sewer ERUs 8,388.00 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 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: 0 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, orif 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. VA 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. ATTEST: Jeffrey K. Barton Clerk of Court By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER Indian River County Caroline D. Ginn, Chairman Board of County Commissioners BCC approved: The foregoing was acknowledged before me this 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. Signature of Notary Public - State of Florida Print, Type or Stamp Commissioned Name of Notary Public 3 Approved: Joseph A. Baird County Administrator Apprgveq as to form and legal sufficiency: �Iliam G!Co`ffins 11 ' County Attorney Developer: INDIAN RIVE CENTER, I Wit sses: By: . inted Name:66pybe9- �, . (,c) ki6ffT - Printed Name7Th/mas J. ( X("Al 44, Ilyl."'dly L ) Title: President Printed Na e: �� STATE OF FLORIDA COUNTY OF INDIAN RIVER NDUSTRIAL mpson The foregoing was acknowledged before me this day of I , 2004, by Thomas J. Thompson, President of INDIAN RIVER INDUSTRIAL dENTER, INC., a Florida corporation. I jj(LK 02 t A. ro (H d aL Nancy R Mmar N Signature of to Public - State of Florida .; .; P:1Y r.OMMISS10N # DD179432 EXPIRES �N- Z March 26, 2007 ,rr"f,, ' BONDED THRU TROY FAIN INSURANCE, INC Print, Type or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced FI airy do- 4-r'-Ve.r1j 11-eeal6e 4 R? e a2nd SIRE {UNPAVED 9 � ei o� FB C4 pgP I I I I a �jSq . I I I I ;;seg ?f a eg rig stg peg pfg pd S A L e $,,`666sE��� E$ 3 pig _dig di e e NF&aUl- d�y® daeDo b ..m ;I 'IIb --�, TP � r+ �� t C.C�� 1 r�� I 2.2 sai� Lg�b SRS 1J 'bs aLb'cpZ"a I I" ` e K ? S� ;j4P n x`� S3a3 i+G9't k_v t I f I Z U d i -------- S L--- --- ---J I 43rd STREE rw-f (UNPAVED) ' P I s Y INDIAN RIVER M --SBY ao ASSOCIATES, INC.PAVING, GRADING, DRAINAGE INDUSTRIAL CENTER SITEandUTILITY PLAN EXHIBIT "A"