1992-06
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DEPARTMENT OF
PLANNING AND DEVEWPMENT
315 WEST MAIN STREET
TAVARES, FLORIDA 32778
February 28, 1992
Wayne Saunders
City of Clermont
Post Office Box 219
Clermont, Florida 34711
Dear Mr. Saunders:
RE'Ct:IiIE!{J
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.
EXECUTIVE DIRECTOR
ASSISTANT EXECUTIVE DIRECTOR
DIRECTOR OF COMPREHENSIVE PLANNING
DIRECTOR OF CURRENT PLANNING
DIRECTOR SECTION B HOUSING
BUILDING OFFICIAL
ZONING
CODE ENFORCEMENT
ADDRESSING
SUNCOM
FAX
(904) 343.9642
(904) 343.9651
(904) 343.9632
(904) 343.9517
(904) 343.9431
(904) 343.9653
(904) 343.9641
(904) 343.9639
(904) 343.9429
659.1642
(904) 343.1401
,2-00({
Enclosed please find a completely executed original First Amendment
to the Interlocal Agreement between Lake County and your City
Relating to the Collection of Lake County Impact Fees which was
passed by the Board of County Commissioners on February 18, 1992.
Should you have any questions or comments please do not hesitate to
contact my office.
Sincerely,
R ;L---
n R. Swanson
ecutive Director
JRS/ls
Enclosure
DISTRICT ONE
C W "CHICK" GREGG
DISTRICT lWO
DON BAILEY
DISTRICT THREE
RICHARD SWARTZ
DISTRICT FOUR
CATHERINE CHANSON
DISTRICT FIVE
MICHAEL j, BAKICH
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FIRST AMENDMENT
TO
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT
RELATING TO
THE COLLECTION OF
LAKE COUNTY IMPACT FEES
This is the First Amendment to 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 26, 1985, the COUNTY and CITY entered
into an Interlocal Agreement which provided for the CITY to collect
road impact fees for the COUNTY pursuant to Ordinance No. 1985-1,
as amended, codified at Chapter 17, Lake County Code, Article II,
Road Impact Fees; and
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 February 10,1987, the CITY adopted Resolution No.
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544
granting
authority
to
the
COUNTY
to
enforce
contractor
licensing requirements within the CITY; and
WHEREAS, on June 13, 1989, COUNTY and CITY entered into an
Interlocal Agreement providing for COUNTY enforcement of contractor
licensing requirements and granting jurisdiction to the Lake County
Board of Building Examiners; and
WHEREAS,
the
Interlocal
Agreements
are
still
in
effect,
however the COUNTY is currently collecting road impact fees on
behalf of CITY when building permits are issued by the COUNTY; and
WHEREAS, on May 21,1991, the Board of County Commissioners of
Lake County enacted Ordinance No. 1991-8, which established school
impact fees for all of Lake County, the unincorporated area as well
as the incorporated areas; and
WHEREAS, in order to implement the provisions of Ordinance No.
1991-8, which becomes effective on August 1, 1991, within the City
of Clermont, an amendment to the existing Interlocal Agreement is
necessary;
IN CONSIDERATION of the 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.
section 2 of the Interlocal Agreement, which deals
with the CITY's obligations, is hereby amended to read as follows:
section 2.
In the event the COUNTY discontinues the issuance
of building permits, conducting inspections and collecting fees,
including impact fees on behalf of CITY, the CITY agrees:
a.
To collect the road impact fees as specified in
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Chapter 17, Lake County Code, Article II, Road Impact Fees and to
collect school impact fees, pursuant to Ordinance No. 1991-8 prior
to issuing a building permit or development permit if a building
permit is not required.
b.
To remit to COUNTY all funds collected as road impact
fees and school 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 building
permit issued:
the name and location of the development, the name
of the person or entity making the payment, the address, the number
of bedrooms in the dwelling unit for which a building permit was
issued, the land use of non-residential uses, the amount paid, the
date of payment, the road benefit district and school impact fee
district.
c.
To contact the County Manager, or a designee, when a
building permit or development permit is applied for that is not
specifically listed in Chapter 17, Lake County Code, or Ordinance
No. 1991-8, and collect the fee as determined applicable to that
use by the County Manager, or a designee.
section 3.
Section 3 of the Interlocal Agreement, which deals
wi th the
COUNTY's
obligations,
is
hereby
amended
to
read
as
follows:
Section 3.
In the event the COUNTY discontinues the issuance
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of building permits, conducting inspections and collecting fees,
including impact fees on behalf of CITY, 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 the road impact
fees and school impact fees.
b.
To maintain all records of the road impact fees and
school
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 road benefit
district and school impact fee district for each building permit or
development permit issued by a CITY, based upon the information
provided by a collecting CITY, or the COUNTY.
c.
To create at least three (3) and more if necessary,
transportation
advisory
committees
whose
purpose
will
be
to
recommend to the lake County Board of County Commissioners road
capital
improvements and construction priorities
for the road
benefit districts.
On each committee, there should be at least one
(1) representative for each CITY located within the area that is
within the boundaries of the transportation advisory committee.
d.
To hold CITY harmless should any suit or legal action
be
brought
to
contest
the
validity
of
the
road
impact
fee
ordinance, as codified in Chapter 17, Lake County Code, Article II,
or the school impact fee ordinance, Ordinance No.
1991-8.
The
COUNTY agrees to provide any legal defense necessary at no cost to
CITY.
Should any court order a refund of any road impact fees or
school impact fees or should any refund be agreed to by COUNTY,
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said refund shall be paid solely by COUNTY.
e.
That all road impact fee funds collected by the CITY
or collected as a result of the issuance of building permits or
development permits within the CITY shall,
for the purposes of
Chapter 336, Florida statutes, be considered COUNTY transportation
expenditures.
f.
To provide the CITY, upon request, financial reports
and information showing the amount of road impact fees collected
within each road benefit district and school impact fees collected
within each school impact fee district.
section 4.
section 6 of the Interlocal Agreement is hereby
amended as follows:
6.
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 road impact
fees or school impact fees by the person or entity to whom the
building permit or development permit was issued.
section 5.
Existinq Aqreement.
All other provisions of the
existing Interlocal Agreement continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed
this First Amendment to 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
/ytL
day of
~"'-, 1991, and
to execute same.
Robert A. Pool, Mayor
, duly authorized
5
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8
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ame C. atkins, Clerk of the
Board of County Commissioners
of Lake County, Florida
Approved as to form and
legality by County Attorney
for Lake County, Florida
Lake County Courthouse
315 West Main street
Tavares, Florida 32778
(904) i 343-9787 ~,
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I :~Y{' /y!/(" -1' ) td-2 //)&:,/1 'D//lr.it-tl
I //ri,/~,,/,/ ""--- ,'" Y?"
ATIriette.star Lustgarte~
County Attorney
ATTEST:
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Approved as to form and
legality:
Cit; Attorn~~i
ASL/ qsd
File No. 91-98
07/19/91
8
COUNTY
BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA
Míchael J. Bakich, Chairman
This .21 J day of d.~ Ltu,tJ .t... . ,
1991. ~
CITY
CITY OF CLERMONT
/~,~¿:
Robert A. Pool, Mayor -
This 27'1i<¿¡ay of ~
1991.
(SEAL)
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