HomeMy WebLinkAbout2003-002RESOLUTION 2003-002
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE
COMMUNITY DEVELOPMENT DIRECTOR OR
HIS DESIGNEE TO EXECUTE FAIR SHARE
ROADWAY IMPROVEMENTS FEE
AGREEMENTS ON BEHALF OF THE BOARD
OF COUNTY COMMISSIONERS.
WHEREAS, the Board of County Commissioners has adopted a policy, under the
authority of Section 125.045, Florida Statutes (2002), whereby, in an effort to attract and
retain business enterprises, with regard to non-residential developments having a fair
share roadway improvements fee of less than $50,000.00, the Board is willing to deem the
fair share roadway improvements fee as paid at the time of issuance of a building permit
and forbear collection until the time of issuance of a certificate of occupancy or a period
of twelve (.12) months after issuance of a building permit, whichever comes first; and
WHEREAS, a form Fair Share Roadway Improvements Fee Agreement has been
developed, a copy of which is attached hereto as Exhibit "A", to facilitate deferral of
payment of fair share roadway improvement fees for non-residential developments having
a fair share roadway improvement fee of less than $50,000.00 until the time of issuance
of a certificate of occupancy; and
WHEREAS, approval of Fair Share Roadway Improvements Fee Agreements would
be a ministerial act,
NOW, THEREFORE, be it resolved by the Indian River County Board of County
Commissioners:
The Board of County Commissioners authorizes the Director of the Community
Development Department or his designee to approve and execute on behalf of the Board
of County Commissioners Fair Share Roadway Improvements Fee Agreements in
substantially the form set forth in Exhibit "A" for non-residential developments having a fair
share roadway improvements fee of less than $50,000.00.
The resolution was moved for adoption by Commissioner Gi nn
and the motion was seconded by Commissioner Neuberger , and, upon
being put to a vote, the vote was as follows:
Chairman , Kenneth R. Macht Aye
Vice Chairman , Caroline D. Ginn Aye
Commissioner , Fran B. Adams Aye
Commissioner , Arthur R. Neuberger Aye
Commissioner , Thomas S. Lowther Aye
The Chairman thereupon declared the resolution duly passed and adopted this 7th
day of January, 2003.
Attest: J. K. Barton, Clerl,_._.
By
BOARD OF COUNTY COMMISSIONERS
INDIAN c IVER.COI.JTY, FLORID
Kenneth R. Macht, Chairman
FAIR SHARE ROADWAY IMPROVEMENTS FEE AGREEMENT
THIS AGREEMENT between Indian River County, a political subdivision of the
State of Florida ("County"), and , ("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 payment of a fair share roadway improvements fee ("traffic impact fee") in
the amount of $ , which sum is Tess 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, Section 953.07(1), The Code Indian River County, requires the
payment of the fair share fee 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 in connection with non-residential
developments having traffic impact 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- , 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:
1. Upon execution of this agreement by the second of the two parties, traffic
impact fees associated with the following non-residential development
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
twelve months, whichever is earlier.
2. The County agrees to forbear collection of traffic impact fees from
Developer in connection with the subject project until the time of Developer's application
for a certificate of occupancy or twelve 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.
4. In consideration of the County's forbearance of collection of the traffic
impact fees at the time of building permit application, the Developer acknowledges
his/her/its obligation to pay said fees 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 within twelve 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.
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.
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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. 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.
Witnesses:
Indian River County
Printed Name: By:
Robert M. Keating
Community Development Director
Printed Name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing was acknowledged before me this day of
200, by Robert M. Keating as Community Development Director for Indian River
County.
Signature of Notary Public - State of Florida
Print, Type or Stamp Commissioned Name of
Notary Public
Personally Known OR Produced Identification
Type of Identification Produced
Approved:
James E. Chandler
County Administrator
Paul G. Bangel
County Attorney
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Witnesses:
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Developer
By:
Printed Name:
Title:
(If corporation, president, vice president, or
secretary)
The foregoing was acknowledged before me this day of
200, by as for
Signature of Notary Public - State of Florida
Print, Type or Stamp Commissioned Name of
Notary Public
Personally Known OR Produced Identification
Type of Identification Produced
4
7 AJ
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INTERLOCAL AGREEMENT
BETWEEN INDIAN RIVER COUNTY
AND THE CITY OF SEBASTIAN
THIS AGREEMENT, by and between Indian River County, a political subdivision of
the State of Florida, ("County"), whose address is 1840 25th Street, Vero Beach, Florida
32960, and the City of Sebastian, a Florida municipal corporation, ("City"), whose address
is 1225 Main Street, Sebastian, Florida 32958, shall take effect upon execution by the
second of the two parties.
WHEREAS, the Florida Interlocal. Cooperation Act of 1969 (Chapter 163, Florida
Statutes (2002), and Section 125.01(p), Florida Statutes (2002), authorize the County and
the City to enter into this Interlocal Agreement; and
WHEREAS, Section 953.08, The Code of Indian River County, provides, "No
building permit approval shall be issued until any applicable 'fair share roadway
improvements fee' is paid according to these provisions. The obligation to pay the fee shall
run with the land."; and
WHEREAS, Subsection 953.07(b), The Code of Indian River County, provides in
part, "The fee shall be paid to the county administrator or his designee, prior to issuance
of a building permit for the development and no building permit shall be final until any
applicable fee has been paid."; and
WHEREAS, under the authority of Section 125.045, Florida Statutes (2002), in an
effort to attract and retain business enterprises, with regard to commercial developments
having a fair share roadway improvements fee of less than $50,000, the County is willing
to deem the fair share roadway improvements fee as paid at the time of issuance of a
building permit and forbear collection until the time of issuance of a certificate of occupancy
or a period of twelve (12) months after issuance of a building permit, whichever comes first;
and
WHEREAS, the City collects fair share roadway improvements fees on behalf of the
County for development within the geographic bounds of the City of Sebastian,
In consideration of the mutual promises contained herein, the County and the City
hereby agree as follows:
1. For commercial developments within the geographic bounds of the City of
Sebastian having a fair share roadway improvements fee of less than $50,000, the County
shall deem the fair share roadway improvements fee set forth in Chapter 953, The Code
of Indian River County, as paid at the time of issuance of a building permit, and forbear
collection until the time of issuance of a certificate of occupancy or a period of twelve (12)
months after issuance of a building permit, whichever comes first.
2. For commercial developments within the geographic bounds of the City of
Sebastian having a -fair share roadway improvements fee of less than $50,000, relying on
the County's forbearance as provided in Section 1 infra., the City shall issue a building
permit provided other requirements for the issuance of a building permit are satisfied
notwithstanding the absence of the applicable fair share roadway improvements fee, and
shall not issue a certificate of occupancy until the applicable fair share roadway
improvements fee is collected.
3. The County agrees to indemnify, defend, and hold harmless the City from
and against any and all claims, demands, losses, liabilities, judgments and expenses of
any nature whatsoever, including reasonable attorney's fees both at trial and appellate
level and all costs of litigation, which may be asserted against or imposed upon the City
and which may arise out of or be attributable to, directly or indirectly, the City's refusal to
issue a certificate of occupancy when the City has relied upon this Interlocal Agreement
to issue a building permit without collecting the fair share roadway improvement fee due
to the County's forbearance. Nothing contained herein shall be construed as a waiver of
any immunity from, or limitation of, liability the City may have under the Doctrine of
Sovereign Immunity of Section 768.28, Florida Statutes (2002).
4. Either party may terminate this Interlocal Agreement upon thirty (30) days'
written notice to the other party by certified mail, return receipt requested, or by overnight
delivery. Such termination shall not affect the County's forbearance or the County's
obligation to indemnify and hold harmless the City as set forth in this Interlocal Agreement
as applied to projects for which the City had issued a building permit prior to the
termination date based on this Interlocal Agreement.
5. The County acknowledges that the City is not responsible for paying the fair
share roadway improvements fee in the event the City does not collect said fee prior to
issuing any certificate of occupancy and further the County expressly releases and forever
discharges the City of and from all liability, demands, actions or rights of action that the
County has or may have, whether now known or unknown, foreseen or unforeseen or claim
to have against the City for the City's failure to collect any fair share roadway
improvements fee at the time a certificate of occupancy is issued in accordance with the
terms of this Interlocal Agreement.
6. For commercial developments within the geographic bounds of the City of
Sebastian having a fair share roadway improvements fee of less than $50,000, the City
shall not issue a building permit unless the developer first either submits to the City a
certified copy of an executed forbearance agreement between the County and the
developer providing for the forbearance described in the Interlocal Agreement or remits to
the City funds in the amount of the applicable fair share roadway improvements fee for
payment to the County.
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement
to be executed by their duly authorized officials on the dates indicated below.
Attest: J. K. Barton, Clerk
Deputy Clerk
Approved:
County /torney,
Attest: Sally A. Maio
Clerk
City erk
Rich Stringer
City Attorney
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman
Date: January 7, 2003
CITY OF SEBASTIAN
By Wally) jgr1A
Walter Barnes, Mayor
Date: 12/11/02
3
7- 0'3
A),
ADDENDUM TO INTERLOCAL AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN
THIS ADDENDUM TO INTERLOCAL AGREEMENT, by and between Indian River
County, a political subdivision of the State of Florida, ("County"), whose address is 1840
25th Street, Vero Beach, Florida 32960, and the City of Sebastian, a Florida municipal
corporation, ("City"), whose address is 1225 Main Street, Sebastian, Florida 32958, shall
take effect upon execution by the second of the two parties.
WHEREAS, the County and the City entered into an Interlocal Agreement effective
January 7 , 2003, for forbearance of collection of fair share roadway
improvements fees for commercial developments within the geographic bounds of the City
of Sebastian having a fair share roadway improvements fee of Tess than $50,000,
In consideration ofthe mutual promises contained in the above -referenced Interlocal
Agreement, the County and the City hereby incorporate into the above -referenced
Interlocal Agreement the following paragraphs:
7. The term "commercial," as used in this Interlocal Agreement, means "non-
residential," as that term was used at the Indian River County Board of County
Commissioners meeting of September 3, 2002, and includes commercial, industrial, office,
and institutional uses.
8. The fair share roadway improvements fee shall not be deemed collected and
the City shall not issue a certificate of occupancy until after the developer remits a cashier's
check in payment of the applicable fair share roadway improvements fee.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to
Interlocal Agreement to be executed by their duly authorized officials on the dates indicated
below.
Attest: J. K. Barton, Clerk
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
/LYLtG� /NJ�
-44/
Deputy Clerk Kenneth R. Macht , Chairman
Approved:
2 �--
ounty Adminis rator'
County A. torneyt
Date: January 7, 2003
a')
CITY OF SEBASTIAN
Attest: Sally A. Maio
Clerk
By �. ' .. %� By G\ >v, }1 o�
City. 91 Walter Barnes, Mayor
Date: 1-22-03
7
City Attorney Y
SECOND ADDENDUM TO INTERLOCAL AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND THE CITY OF FELLSMERE
THIS SECOND ADDENDUM TO INTERLOCAL AGREEMENT, by and between
Indian River County, a political subdivision of the State of Florida, ("County"), whose
address is 1840 25th Street, Vero Beach, Florida 32960, and the City of Fellsmere, a
Florida municipal corporation, ("City"), whose address is 21 Cypress Street, Fellsmere,
Florida 32948, shall take effect upon execution by the second of the two parties.
WHEREAS, the County and the City entered into an Interlocal Agreement effective
March 20 , ,2003_, for forbearance of collection of fair share roadway
improvements fees for commercial developments within the geographic bounds of the City
of Fellsmere having a fair share roadway improvements fee of less than $50,000,
In consideration of the mutual promises contained in the above -referenced Interlocal
Agreement, the County and the City hereby incorporate into the above -referenced
Interlocal Agreement the following paragraphs:
7. The term "commercial," as used in this Interlocal Agreement, means "non-
residential," as that term was used at the Indian River County Board of County
Commissioners meeting ofSeptember 3, 2002, and includes commercial, industrial, office,
and institutional uses.
8. The fair share roadway improvements fee shall not be deemed collected and
the City shall not issue a certificate of occupancy until after the developer remits a cashier's
check in payment of the applicable fair share roadway improvements fee.
IN WITNESS WHEREOF, the parties hereto have caused this Second Addendum
to Interlocal Agreement to be executed by their duly authorized officials on the dates
indicated below.
Attest: J. K. Barton, Clerk
By\�'�-1
Deputy Clerk
Approved:
ounty Administrator
eLCounty Atc}rney•
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
y�.
Kenne th R. Macht, Chairman
Date: January 7, 2003
Attest: Deborah C. Krages
City Clerk
City Clerk
CITY OF FELLSMERE
Rob rt C. B er, Mayor
Date: 2 t4/ - ea 3
RESOLUTION NO. 2003-I
A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN THE INTERLOCAL AGREEMENT WITH INDIAN RIVER
COUNTY, THE ADDENDUM TO THE INTERLOCAL AGREEMENT AND
SECOND ADDENDUM TO THE INTERLOCAL AGREEMENT CHANGING
THE TIME FOR THE COLLECTION OF THE FAIR SHARE ROADWAY
IMPROVEMENTS FEE FOR NON-RESIDENTIAL DEVELOPMENTS
(COMMERCIAL, INDUSTRIAL, OFFICES AND INSTITUTIONAL) WHEN
THE FEE IS LESS THAN $50,000; PROVIDING FOR RATIFICATION;
PROVIDING FOR ADOPTION OF INTERLOCAL AGREEMENT;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Chapter 163, Florida Statutes
(2002), and Section 125.01(p), Florida Statutes (2002), authorize the City and Indian River County
to enter into this Interlocal Agreement; and
WHEREAS, the County's Fair Share Roadway Improvements requirements found in Chapter
953 of the Code of Indian River County currently applies to the unincorporated areas of Indian River
County and the incorporated areas of Indian River. County; and
WHEREAS, Subsection 953.07(b), of the Code of Indian River County, provides in part,
"The (traffic impact) fee shall be paid to the county administrator or his designee, prior to issuance
of a building permit for the development and no building permit shall be final until any applicable
fee has been paid."; and
WHEREAS, under the authority of Section 125.045, Florida Statutes (2002), in an effort to
attract and retain business enterprises, with regard to commercial developments having a fair share
roadway improvements fee of less than $50,000, the County is willing to deem the fair share
roadway improvements fee as paid at the time of issuance of a building permit and forbear collection
until the time of issuance of a certificate of occupancy or a period of twelve (12) months after
issuance of a building permit, whichever comes first; and
WHEREAS, the City collects fair share roadway improvements fees on behalf of the County
for development within the geographic bounds of the City; and
WHEREAS, in order to change the time for the collection of the fair share roadway
improvements fee when the fee is less than $50,000, for "non-residential" developments
(commercial, industrial, office and institutional uses) it is necessary for the City to adopt the
Interlocal Agreement, Addendum to Interlocal Agreement and Second Addendum to Interlocal
Agreement attached hereto; and
WHEREAS, this change in the time of collection of the fair share roadway improvements
fee for "non-residential" developments, when the fee is less than $50,000, was initiated by the
County, and the City is willing to participate in this change under the terms and conditions as
provided in the Interlocal Agreement, Addendum to Interlocal Agreement and Second Addendum
to Interlocal Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fellsmere,
Indian River County, Florida, as follows:
SECTION 1. RATIFICATION. That the above recitals are hereby ratified, confirmed and
adopted.
SECTION 2. ADOPTION OF INTERLOCAL AGREEMENT. That the Mayor and City
Clerk are hereby authorized to sign the Interlocal Agreement, Addendum to Interlocal Agreement
and SecondAddendumto Interlocal Agreement attached hereto.
SECTION 3. REPEAL OF CONFLICTING PROVISIONS. All previous resolutions
or parts thereof, which conflict with the provisions of this resolution, to the extent of such conflict,
are hereby repealed.
SECTION 4. SEVERABILITY. If any section, part of a sentence, paragraph, phrase or
word of this resolution is for any reason held to be unconstitutional, inoperative or void, such
holding shall not effect the remaining portions hereof and it shall be construed to have been the
legislative intent to pass this resolution without such unconstitutional, invalid or inoperative part.
SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its
adoption.
The foregoing resolution was moved for adoption by Council Member
The motion was seconded by Council Member
and, upon being put to a vote, the vote was as follows:
Council Member Michael E. Barone
Council Member Dorothy M. Thomas
Council Member John A. McCants
Council Member Sara J. Savage
Council Member Fernando Herrera
Mayor Robert C. Baker is a non-voting member of the council.
2
of
passed and adopted this - day
on declared this resolution fully p MERE FLORIDA
e Mayor thereupon OF FELLS
2003. CITY
Ro,ertC.Bak , .ayor
ST:
Debc;rah C. RClerkrageJ, City.
•
l' J..- ,,/ !.>y ✓ % A P' /r 177 fi G %d7 /
ADDENDUM TO INTERLOCAL AGREEMENT
BETWEEN INDIAN RIVER COUNTY
AND THE CITY OF FELLSMERE
THIS ADDENDUM TO INTERLOCAL AGREEMENT, by and between Indian River
County, a political subdivision of the State of Florida, ("County"), whose address is 1840
25th Street, Vero Beach, Florida 32960, and the City of Fellsmere, a Florida municipal
corporation, ("City"), whose address is 21 Cypress Street, Fellsmere, Florida 32948, shall
take effect upon execution by the second of the two parties.
WHEREAS, the County and the City entered into an Interlocal Agreement effective
October , 2002, for forbearance of collection of fair share roadway improvements fees
for commercial developments within the geographic bounds of the City of Fellsmere having
a fair share roadway improvements fee of less than $50,000,
In consideration of the mutual promises contained in the above -referenced Interlocal
Agreement, the County and the City hereby incorporate into the above -referenced
Interlocal Agreement the following paragraph:
6. For commercial developments within the geographic bounds of the City of
Fellsmere having a fair share roadway improvements fee of Tess than $50,000, the City
shall not issue a building permit unless the developer first either submits to the City a
certified 'copy of an executed forbearance agreement between the County and the
developer providing for the forbearance described in the Interlocal Agreement or remits to
the City funds in the amount of the applicable fair share roadway improvements fee for
payment to the County.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to
Interlocal Agreement to be executed by their duly authorized officials on the duff=s indic9ted
below.
Attest: J. K. Barton, Clerk
Deputy Clerk
Approved:
ounty Administrator
County
ttorney
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By,
n W. Tippin, V ce Chairman
Date: October 15, 2002
Attest: Deborah C. Krages
City Clerk
By
City Clerk.
CITY OF FELLSMERE
By
Joel Tyson, Mayor
Date:
Robert C. "Bob" Baker
Mayor
John V. Little
Administrative Assistant
March 28, 2003
(1101�0
11'
1 9 YF
•,.:•.,_.
!Fdismere
Indian River County
Ms. Lea R. Keller, CLA
County Attorney's Office
1840 — 25th Street
Vero Beach, FL 32960
Deborah C. Krages
City Clerk
Lary W. Napier, C.G.F.O.
Director of Finance
and Accounting
APR 0 1 2003
RE: Interlocal Agreement and Addendums
Forebearance of Traffic Impact Fees
Dear Ms. Keller:
Enclosed, please find the above referenced documents and City of Fellsmere Resolution 03-I.
Should you have any questions or require any additional information please do not hesitate to
call me.
Sincerely,
Deborah C. Krages
dck
CC: Traffic Impact Fee file
R -03-I file
CE1'
1•
21 South Cypress St. • Fellsmere, Florida 32948-6714 • Telephone: (772) 571-0116 • Fax (772) 571-1901
Email - fellsmer@bellsouth.net