HomeMy WebLinkAbout2018-279AIMPACT FEE PAYMENT DEFERRAL CONTRACT
THIS IMPACT FAE PAYMENT DEFERRAL CONTRACT (hereinafter "Contract")
is entered into as of the day of Te h d ,pj at (hereinafter "Effective Date") by and
between Indian River County, Florida, a political subdivision of the State of Florida ("County")
and Kiducation, Inc., a Florida corporation, (hereinafter "Owner").
WHEREAS, Owner applied for a building permit for the property located at 1728 and
1730 24th Street, Vero Beach, FL, 32960, as further described in Exhibit "A" attached (the
"Property"); and
WHEREAS, during the review process it was discovered that a prior owner of the Property
had changed the use of the Property from an assisted living facility to a preschool, but failed to
pay the increase in impact fees for the Property as a result of the change in use; and
WHEREAS, Owner is currently using the Property for a preschool use with approximately
6,461 square feet; and
WHEREAS, the impact fees owed to County as a result of the change from adult living
facility to preschool are $7,930.78; and
WHEREAS, after consideration at a public meeting, the Indian River County Board of
County Commissioners voted that based upon the extraordinary circumstances, the Board would
allow the Owner to defer payment of the impact fees until the Property was sold to another owner,
NOW, THEREFORE, in consideration of the foregoing and the mutual benefits,
undertakings and covenants contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Section 1. Adoption of "Whereas" Clauses.
The above recitals are true and correct and are incorporated herein.
Section 2. No Admission of Guilt or Fault.
Neither the County nor the Owner admit any fault or guilt with respect to the. lack of payment of
the impact fees owed for the Property.
Section 3. Impact Fee Deferral.
The impact fee owed for the use of the Property as a preschool use with approximately 6,461
square feet is $7,930.78, which shall be deferred without interest until the change in ownership of
the Property.
3120190008847
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3183 PG: 2002 Page 1 of 4 2/13/2019 8:39 AM
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COUNTY ATTORNEY'S OFFICE
INDIAN RIVER COUNTY
1301 27th Street
Vero !Dodi, Florida 32960
Page 1 of 4
1s
Section 4. Recording.
This Contract shall be recorded in the Public Records of Indian River County and will run with
the land.
Section 5. Binding Effect.
This Contract is final and binding on the Owner and County, including their heirs, successors, and
future assigns. Upon the transfer of the Property, County shall be immediately paid the impact
fees owed on the Property as set forth in section 3, above.
Section 6. Governing Law; Venue; Attorney Fees.
This Contract shall be construed, governed and interpreted according to the laws of the State of
Florida. Venue for resolution of any dispute shall be in Indian River County, Florida. Owner and
County shall bear their own attorney fees in any dispute arising under this Contract.
Section 7. Entire Agreement; Amendments.
This instrument constitutes the entire agreement between the parties and supersedes all previous
discussions, understandings, and agreements between the parties relating to the subject matter of
this Contract. Amendments to or assignments of the provisions of this Contract shall be made by
the parties only in writing by written amendment or other appropriate written document. This
Contract may be executed in separate counterparts, each of which shall be deemed to be an original
and all of which together shall constitute one and the same instrument.
Section 8. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's
sovereign immunity.
Section 9. No Third Party Beneficiaries.
Except as otherwise expressly provided herein, this Contract is solely for the benefit of the named
parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of
any entity or individual not a named party hereto.
IN WITNESS THEREOF, the parties have set their hands and seals -the date entered below.
ATTEST: Jeffrey R. Smith, Clerk of
Circuit Court & Comptroller
By:
Deputy Clerk
Approved as to form and legal sufficiency:
By:
Reingold, County Attorney
BOARD OF COUNTY CON
INDIAN RIVER COUNTY
IM
Bob Solari, Chairman
BCC approved: December 11, 2018
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PAffomeylDylanlImpact Fee Payment Deferral Contract docx
Witnesses:
signature -
printed name:
signature:
printed name:' / -?LIQ ti iT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
KID
The foregoing instrument was acknowledged before me this day of ,
, by Kimberly A. Gilbert, the President of KIDUCATION, INC., a Florida corporation,
who executed on behalf of and with the authority of said corporation. She is either personally
known to me or who has produced VL 0(r j (f eff- ,4 (i 0e&R as identification.
NOTARY PUBLIC
signature of Notary Public:.- ,
printed name: ( e
SEAL: Commission Number: 1= - 19 5 14 y 14
Commission Expiration: ' a 9
NANCY H. MOSS?
�'ACommission # FF 185404
a= Expires March 26, 2019
• �F ��` Banded ihru Troy Fain lneuranm OM85S7019
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FAAttomeylDylaOmpact Fee Payment Deferral Contract docx
EXHIBIT "A"
PARCEL A:
Lots 6, 7, 8 and 9, Block 11, ORIGINAL TOWN OF VERO, according -to the Plat
thereof on file in the Office of the Clerk of the Circuit Court in and for St. Lucie
County, Florida recorded in Plat Book 2, Page 12, said lands situate, lying and being
In Indian River County, Florida.
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