HomeMy WebLinkAbout2003-005INTERLOCAL AGREEMENT
BETWEEN INDIAN RIVER COUNTY
AND THE CITY OF SEBASTIAN
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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.
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Attest: J. K. Barton, Clerk
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By
Deputy Clerk Kenneth R. Macht, Chairman
Approved:
ounty Adminis rator
County
torney Y
Attest: Sally A. Maio
Clerk
Date: January 7, 2003
CITY OF SEBASTIAN
BY LUtfilii1A j�rxn�
City erk Walter Barnes, Mayor
<C�
Rich Stringer
City Attorney
Date: 12/11/02
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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 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 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
Deputy Clerk Kenneth R. Macht , Chairman
Approved:
County 1k! torney
Date: January 7, 2003
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Attest: Sally A. Maio
Clerk
City C,J-rk
1h� �
City Attorney
CITY OF SEBASTIAN
By U O aQ F.(n. ons'
Walter Barnes, Mayor
Date: 1-22-03
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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 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 Second Addendum
to Interlocal Agreement to be executed by their duly authorized officials on the dates
indicated below.
Attest: J. K. Barton, Clerk
By'--�
Deputy Clerk
Approved:
ounty Administrator
County Aff�rney
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By 2=-L,(-��%,��,�c— ���
Kenne h R. Macht, Chairman
Date: January 7, 2003
Attest: Deborah C. Krages
Cit Clerk
RESOLUTION NO. 2003-1
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 Second Addendum to 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
Council Member
Council Member
Council Member
Council Member
Mayor Robert C.
Michael E. Barone
Dorothy M. Thomas
John A. McCants
Sara J. Savage
Fernando Herrera
Baker is a non-voting member of the council.
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Th e Mayor thereupon declared this resolution fully passed and adopted this cCi - day of
, 2003.
ST:
Deborah C. Krages, City Clerk
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CITY OF FELLSMERE, FLORIDA
RoJbert C. Baker; Mayor
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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 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 Addendum to
Interlocal Agreement to be executed by their duly authorized officials on the dates indic9ted
below.
Attest: J. K. Barton, Clerk
Deputy Clerk
Approved:
ounty Administrator
Countyttorney
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By,.
hn W. Tippin, V ce Chairman
Date: October 15, 2002
CITY OF FELLSMERE
Attest: Deborah C. Krages
City Clerk
By By
City Clerk Joel Tyson, Mayor
Date:
,
,
Robert C. "Bob" Baker
Mayor
John V. Little
Administrative Assistant
March 28, 2003
Indian River County
Ms. Lea R. Keller, CLA
County Attorney's Office
1840 — 25th Street
Vero Beach, FL 32960
,,-tve City o�
Peflsmcre
Deborah C. Krages
City Clerk
Larry 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
e�1
SINGE 1911
21 South Cypress St. • Fellsmere, Florida 32948-6714 • Telephone: (772) 571-0116 • Fax (772) 571-1901
Email - fellsmer@bellsouth.net
RESOLUTION 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 Tess 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
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The Chairman thereupon declared the resolution duly passed and adopted this 7th
day of January, 2003.
Attest J. K. Barton, Cleric_ _
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN IVER CO : TY, FLORIDjA
B
Kenneth R. Macht, Chairman