18-3020 Approving Agreement for Educational System Impact Fees Only with Concord Development LLC

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RESOLUTION 18-3020 A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING A DEVELOPMENT COMMITMENT AND VESTED RIGHTS AGREEMENT PERTAINING TO EDUCATIONAL SYSTEM IMPACT FEES ONLY WITH CONCORD DEVELOPMENT LLC; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Seminole County adopted Ordinance 2018-1, which went into effect on January 8, 2018, that raises educational system impact fees county -wide. The ordinance provides that, after the effective date, the County and the cities in Seminole County may enter into written vested rights agreements with property owners which will permit a property owner to pay only the former, lower educational system impact fee rates rather than the new, higher rates; and WHEREAS, the City adopted a process and review criteria via Resolution 18-3013 for entering into vested rights agreements for any property owners who seek a vested rights agreement, which will apply to Educational System Impact fees only, and the City finds that the Development Commitment and Vested Rights Agreement attached as Attachment A ("Vested Rights Agreement") is consistent with that Resolution; and WHEREAS, the County Ordinance provides that the City's vested rights agreement will be binding on the County; and WHEREAS, Concord Development LLC voluntarily agrees with the conditions, terms and restrictions in the Vested Rights Agreement, and has agreed to their imposition as an incident to execution of this Vested Rights Agreement by the City; and WHEREAS, the attached Vested Rights Agreement is a non -statutory agreement which is not subject to or enacted pursuant to the provisions of Section 163.3220-163.3243, Florida Statutes; and WHEREAS, the City Commission finds that this Vested Rights Agreement serves a legitimate government purpose and is in the best interest of the public health, safety, and welfare of the citizens of Casselberry, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. The City Commission authorizes the Mayor to execute the "Development Commitment and Vested Rights Agreement Pertaining to Educational System Impact Fees Only," attached as Attachment "A" and made a part hereof. SECTION II. The City Commission hereby accepts the terms and conditions as presented in said Agreement attached as Attachment A.