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Home My WebLink About2004-047G _ i. RESOLUTION 2004- 047 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ADMINISTRATOR OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR SHORT-TERM FINANCING FOR IMPACT FEES AND WATER AND SEWER CAPACITY AND CONNECTION CHARGES WITH TARGETED INDUSTRIES 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, and in its Comprehensive Plan, Economic Development Element Policy 1.2 to attract and retain business enterprises, specifically new manufacturing industries that are listed in the Standard Industrial Classification (SIC) Codes 20 through 39, or that are identified as target industries, by offering economic development incentives and assistance including traffic impact fee financing and the financing of water and sewer impact fees for any development project; and WHEREAS, the Board is willing to advance fund the impact fees and water and sewer capacity and connection charges paid for purposes of concurrency if a target industry enters into a short-term financing agreement which would involve Indian River County fronting funds for impact fees, capacity and connection charges at no interest for a period of not -to -exceed six (6) months; and WHEREAS, the approval of the short-term financing agreements would be ministerial acts, NOW, THEREFORE, be it resolved by the Indian River County Board of County Commissioners that: The Board of County Commissioners authorizes the Administrator or his designee to approve and execute on behalf of the Board of County Commissioners short-term financing agreements for impact fee and water and sewer capacity and connection charges with target industries in substantially the form set forth in Exhibit "A" attached with new manufacturing industries that are listed in the Standard Industrial Classification (SIC) Codes 20 through 39 or that are identified by the County as target industries. The resolution was moved for adoption by Commissioner Macht , and the motion was seconded by Commissioner Neuberger , and, upon being put to a vote, the vote was as follows: FAAttorney\Lea\Docs\reso\short term financing admin sign.doc RESOLUTION 2004- 047 Chairman Caroline D. Ginn Vice Chairman Arthur R. Neuberger Commissioner Fran B. Adams Commissioner Thomas S. Lowther Commissioner Kennefth R. Macht Aye 'Deputy Clerk Aye � Aye Nay 14 f1 . l`l k.+ +, Aye 1 The Chairman thereupon declared the resolution duly passed and adopted this kday of ,Myr, r , 2004. Al � 'Deputy Clerk ;'W � 14 f1 . l`l k.+ +, �,Attachment: Exhibit "A" •,,4 -iia P BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Caroline D. Ginn, C airman FAAttorney\Lea\Docs\reso\short term financing admin sign.doc Exhibit "A" SHORT-TERM FINANCING AGREEMENT FOR IMPACT FEES AND WATER AND SEWER CAPACITY AND CONNECTION CHARGES 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 requires a concurrency certificate evidencing the payment of impact fees and water and sewer capacity and connection charges prior to building permit; 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 and in County Comprehensive Plan Economic Development Element Policy 1.2 to expend public funds to attract and retain business enterprises that are listed in the Standard Industrial Classification Codes 20 through 39 or that are identified by the County as target industries by offering economic development incentives and assistance including traffic impact fee financing and the financing of water and sewer impact fees 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 within the Standard Industrial Classification Codes 20 through 39 or target industries; and WHEREAS, County Code Concurrency requirements require the issuance of a Concurrency Certificate and the payment of impact fees and connection charges prior to the issuance of a building permit; and WHEREAS, it is the stated policy of the governing board of the County to advance funding for short terms (up to six months) at 0% financing in order to promote economic development within Indian River County; and WHEREAS, by Resolution 2004-047, the Indian River County Board of County Commissioners has delegated authority to execute this agreement on its behalf to the Indian River County Administrator or his designee, NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties to this agreement agree as follows: S 1. Upon execution of this agreement by the second of the two parties, impact fees and water and sewer capacity and connection charges 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 repay (without interest) said fees at the time of Developer's application for a building permit or six months after the effective date of this agreement, whichever is earlier. 2. The County agrees to forbear collection of impact fees and capacity and connection charges from Developer in the amount of $ in connection with the subject project until the time of Developer's application for a building permit or six months from the effective date of this agreement, whichever is earlier. 3. A building permit for the subject project shall not be issued until after the Developer remits a cashier's check in payment of the applicable impact fee or capacity or connection charge. 4. In consideration of the County's advance funding and forbearance of collection of impact fees and capacity and connection charges at the time of concurrency certificate application, the Developer acknowledges his/her/its obligation to pay said fees and charges to Indian River County at the time of Developer's application for a building permit or six months from the effective date of this agreement, whichever is earlier. 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. In the event Developer fails to pay the subject impact fees and capacity and connection charges within six months from the effective date of this agreement, no building permit will issue, the concurrency certificate for developer's project will be voided, and this agreement will be null and void. 7. This agreement and the obligations of the parties hereunder are expressly conditioned upon the acquisition of the property at issue by Developer or a third party who has contracted with Developer to construct the development (the "Condition"). If the Condition is not satisfied within six months after the effective date of this agreement, then this agreement shall be deemed null and void and the parties hereto shall be released from all obligations and liabilities associated herewith. 8. This agreement touches and concerns the land upon which this project is being developed. 2 9. In the event Developer breaches any provision of this agreement, the County may rescind its concurrency certificate. 10. The undersigned signatory for Developer warrants on behalf of Developer that he or she is duly authorized to execute this agreement. 11. The undersigned signatory for Developer warrants on behalf of Developer that he or she is duly authorized to execute this agreement. The undersigned signatory for Indian River County warrants on behalf of Indian River County that he or she is duly authorized to execute this agreement. Witnesses: Indian River County Printed Name: By: Joseph A. Baird County Administrator Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged before me this day of 200_, by Joseph A. Baird, County Administrator for Indian River County. Signature of Notary Public - State of Florida Stamped Seal with printed Name and Commission # Personally Known OR Produced Identification Type of Identification Produced Approved as to form and legal sufficiency: By William G. Collins II County Attorney 3 Witnesses: Printed Name: Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER Developer: Printed Name: Title: (If corporation, president, vice president, or secretary) The foregoing was acknowledged before me this 200_, by as day of , for Signature of Notary Public - State of Florida Stamped Seal with printed Name and Commission # Personally Known OR Produced Identification Type of Identification Produced -19