2004-39
.
.
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT
RELATING TO THE COLLECTION OF
LAKE COUNTY IMPACT FEES
This is an Interlocal Agreement between lake County, a political
subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the
City of Clermont, a municipal corporation pursuant to the Laws of the State of
Florida, hereinafter referred to as "CITY."
.
WHEREAS, on February 10,1987, the CITY adopted Resolution No. 544,
which authorized the COUNTY to issue building permits and conduct inspections
within the CITY; and
WHEREAS, on July 9, 2002 the COUNTY did enact Ordinance No. 2002-
55 updating the transportation impact fee, hereinafter the "Transportation Impact
Fee"; and
WHEREAS, on May 13, 2003 the COUNTY did enact Ordinance No.
2003- 47 updating the educational system impact fee, hereinafter the "School
Impact Fee"; and
WHEREAS, on November 18, 2003, the COUNTY did enact Ordinance
No. 2003-99 which among 'other things implements a library impact fee,
.
hereinafter the "Library Impact Fee"; and
C:\Documents and Settings\wsaunders\Local Settings\Temporary Internet Files\OLK8\lnterlocal-Clermont-DRAFT-
12Feb2004.doc
.
.
WHEREAS, the COUNTY is currently collecting Transportation Impact
Fees and School Impact Fees on behalf of CITY when building permits are
issued by the COUNTY; and
_. un . .-
WHEREAS, the COUNTY now requests to collect Library Impact Fees on
behalf of the CITY; and
WHEREAS, the CITY and the COUNTY now desire to terminate prior
interlocal agreements entitled "Interlocal Agreement" dated February 26, 1985
and "First Amendment to Interlocal Agreement Between lake County and the
City of Clermont Relating to the Collection of lake County Impact Fees"
approved by Board of County Commissioners action on February 18, 1991 and
replace them with the current Interlocal Agreement.
.
IN CONSIDERATION of mutual promises, conditions, covenants and
payments provided herein, the parties agree as follows:
Section 1.
Recitals Incorporated.
The above recitals are true and
correct and incorporated herein.
Section 2.
CITY's ObliQations.
In the event the COUNTY
discontinues the issuance of building permits, conducting inspections and
collecting fees, including impact fees on behalf of the CITY, the CITY agrees:
A.
To collect the Transportation Impact Fee, School Impact Fee, and
Library Impact Fee prior to issuing a building permit, or a development permit, if a
building permit is not required. The CITY shall additionally collect any other
impact fees that may be imposed in the future by the COUNTY after written
.
notification from the COUNTY that such impact fees are'due.
2
.
B.
To remit to COUNTY all funds collected as impact fees, except for
three percent (3 %) of the funds collected which shall be retained by CITY as an
administration fee for collecting and transmitting the funds. CITY shall remit the
collected funds monthly to COUNTY, with payment being made to COUNTY by
the fifteenth (15th) day of the following month. The monthly payment shall be
accompanied by a written document which provides the following information for
each permit issued:
1.
the name and location of the development, including the
alternate key number and lot number;
2.
the name of the person or entity making the payment;
3.
the address and living area in the dwelling unit for which a
.
building permit was issued;
4.
the land use and building area of non-residential uses;
5.
the amount paid, the date of payment, and the benefit district
for each impact fee;
6.
the City building permit number.
The above reporting requirement may be changed via a minor modification of this
agreement which shall be signed by the County Manager or designee and City
Manager or designee.
C.
To contact the County Manager or designee when a building permit
or development permit is applied for that is not specifically listed on the lake
County impact fee schedules and collect the fee as determined applicable to that
.
use by the County Manager or designee.
3
.
Section 3.
COUNTY's ObliQations. The COUNTY agrees:
A.
To provide to CITY administrative procedures and administrative
assistance in setting up bookkeeping and other accounting procedures
necessary for CITY to collect any imposed Impact Fees, including providing
schedules offees to be collected.
B. .
To maintain all records of the Impact Fees, including the name and
location of the development, the name of the person or entity making the
payment, the address, the amount paid, the date paid, the benefit district for each
building permit or development permit issued by CITY, based upon the
information provided by the CITY to the COUNTY.
C.
To hold CITY harmless should any legal action be brought to
.
contest the validity of any of the Impact. The COUNTY agrees to provide any
legal defense necessary at no cost to CITY in regards to any such validity
challenge. Should any court order a refund of any Impact Fee or should any
refund be agreed to by COUNTY, said refund shall be paid solely by COUNTY.
D.
To provide the CITY, upon request, financial reports and
information showing the amount of Impact collected within each benefit district.
Section 4.
Termination.
Either party may terminate this Interlocal
Agreement upon thirty (30) days written notice to the other party. Termination of
this Interlocal Agreement by the CITY shall not eliminate the obligation for the
payment of any Impact Fee by the person or entity to whom the building permit or
development permit was issued.
.
4
.
Section 5.
Modifications.
Unless otherwise specified herein, no
modification, amendment, or alteration of the terms or conditions contained
herein shall be effective unless contained in a written document executed by the
parties hereto, with the same formality and of equal dignity herewith.
Section 6.
Notices.
A.
All notices, demands, or other writings required to be given or made
or sent in this Agreement, or which may be given or made or sent, by either party
to the other, shall be deemed to have been fully given or made or sent when in
writing and addressed as follows:
.
COUNTY
County Manager
P.O. Box 7800
Tavares, FL 32778
CITY
City Manager
P. O. Box 120219
Clermont, FL 34712-0219
cc:
Impact Fee Coordinator
P.O. Box 7800
Tavares,FL 32778
B.
All notices required, or which may be given hereunder, shall be
considered properly given if (1) personally delivered, (2) sent by certified United
States mail, return receipt requestep, or (3) sent by overnight letter delivery
company.
C.
The effective date of such notices shall be the date personally
delivered, or if sent by mail, the date of the postmark, or if sent by overnight letter
delivery company, the date the notice was picked up by the overnight letter
delivery company.
.
5
.
D.
Parties may designate other parties or addresses to which notice
shall be sent by notifying, in writing, the other party in a manner designated for
the filing of notice hereunder.
Section 7.
Entire AQreement. This document embodies the entire
agreement between the parties. 'It may not be modified or terminated except as
provided herein.
Section 8.
Severability.
If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid, it shall be considered
deleted here from, and shall not invalidate the remaining provisions.
Section 9.
Prior AQreements. Prior interlocal agreements entitled
"Interlocal Agreement" dated February 26, 1985 and "First Amendment to
.
Interlocal Agreement Between Lake County and the City of Clermont Relating to
the Collection of Lake County Impact Fees" approved by Board of County
Commissioners action on February 18, 1991 are hereby terminated.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Interlocal Agreement on the respective dates under each signature: LAKE
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Chairman, authorized to execute same by Board action on the &cL
day of ~, 2004 and by the CITY OF CLERMONT, signing by and
through --.Ho..R..O I d 'Tu R v I II e.. , City Mayor, its representative duly
authorized to execute the same.
.
6
..
.
.
.
Interloca1 Agreement between Lake County, Florida and the City of Clermont relating to collection of Lake
County Impact Fees.
ATTEST:
of the
. sioners
Sanford A. Minkoff
County Attorney
~~
TRAc~' Ac..kRoyc:\ ) Cd~ C/~R-k
'APP~ egality:
0
])A"'~1£-L- r. MAJ.f\~ls.
c. j: '\ ,( p,. TI .sP-IJ ft ï
COUNTY
BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA
~~du.
Debbie Stivender, Cháirman
This Cj ib day of ~ . 2004.
CITY
BY~
~a'i°~ l-\o.Rc:lld Tu~\I'" ~
This ) } 'th day of ~, 2004.
7