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18-3014 Development Commitment and Vested Rights Agreement re Impact Fees - Mayflower Retirement Ctr & Red Bug Ctr
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18-3014 Development Commitment and Vested Rights Agreement re Impact Fees - Mayflower Retirement Ctr & Red Bug Ctr
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
3/26/2018
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RESOLUTION 18-3014 <br />A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, <br />APPROVING A DEVELOPMENT COMMITMENT AND VESTED RIGHTS <br />AGREEMENT PERTAINING TO EDUCATIONAL SYSTEM IMPACT <br />FEES ONLY WITH MAYFLOWER RETIREMENT CENTER, INC. AND <br />RED BUG CENTER, LLC; PROVIDING FOR CONFLICTS, <br />SEVERABILITY, AND AN EFFECTIVE DATE. <br />WHEREAS, on January 8, 2018 Seminole County adopted Ordinance 2018-1, which raises <br />Educational System Impact Fees county -wide; and <br />WHEREAS, the ordinance provides that, prior to April 10, 2018, the County and the cities <br />in Seminole County may enter into written vested rights agreements with property owners which will <br />permit a property owner to pay only the former, lower Educational System Impact Fee rates rather <br />than the new, higher rates; and <br />WHEREAS, City adopted a process and review criteria for entering into vested rights <br />agreements for any property owners who seek a vested rights agreement via Resolution 18-3013, <br />which will apply to Educational System Impact Fees only, and the City finds that the Development <br />Commitment and Vested Rights Agreement with Mayflower Retirement Center, Inc. and Red Bug <br />Center, LLC, attached as Attachment A ("Vested Rights Agreement"), is consistent with that <br />Resolution; and <br />WHEREAS, the County Ordinance provides that the City's Vested Rights Agreement will <br />be binding on the County; and <br />WHEREAS, both Mayflower Retirement Center, Inc. and Red Bug Center, LLC voluntarily <br />agree with the conditions, terms and restrictions in the Vested Rights Agreement, and have agreed to <br />their imposition as an incident to execution of this Vested Rights Agreement by the City; and <br />WHEREAS, the attached Vested Rights Agreement is a non -statutory agreement which is <br />not subject to or enacted pursuant to the provisions of Section 163.3220-163.3243, Florida Statutes; <br />and <br />WHEREAS, the City Commission finds that this Vested Rights Agreement serves a <br />legitimate government purpose and is in the best interest of the public health, safety, and welfare of <br />the citizens of Casselberry, Florida. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: <br />
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