Contract 2024-089ALLAIrEE
COUNTY, FL
REAL FLORIDA . REAL. CLOSE
COUNTY ATTORNEY'S OFFICE
MELANIE MARSH*
DAVID LANGLEY
RACHEL BARTOLOWITS
ALEXIS CLARK
County Attorney
4ssistant County Attorney
Assistant Cotmty Attorney
Assistant County Attorney
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duvid.lan ley' lakecountyJl.gov
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alexis.ciarkwlakecountjy7.gov
*Board Certification in City, Countv and Local Government Law
September 17, 2024
Tim Murry, Mayor
City of Clermont
P.O. Box 120219
Clermont, FL 34711
RE: Amendment to Interlocal Service Boundary Agreement between the Town of Montverde,
the City of Clermont, the City of Minneola, Bella Collina CDD, and Lake County
Dear Mayor Murry:
Please find enclosed a copy of the fully executed Amendment to the ISBA above for your records. Should
have any questions, please feel free to contact our office.
Sincerely,
/t
Nova Ykinson
Senior Paralegal
7027.018/na
Enclosure
S:\DOCUWNI12024\ORDINANCES',2024-22 Montverde ISBA Amendment\CAO_Ltr to Monwerde_EXE ISBA Amendmmt_9.17.2024.docx
COUNTY ATTORNEY'S OFFICE
P.O. BOX 7800.315 W. MAIN ST. • SUITE 335 • TAVARES, FL 32778-7800 • P 352.343.9787 • F 351343.9646
Board of County Commissioners • www.lakeeountvfl.Qov
Douglas B. Shields Sean M. Parks, AICP, QEP Kirby Smith Leslie Campione Josh Blake
District 1 District 2 District 3 District 4 District 5
AMENDMENT TO INTERLOCAL
SERVICE BOUNDARY AGREEMENT
BETWEEN
The Town of Montverde,
The City of Clermont,
The City of Minneola, Bella Collina
Community Development District and
Lake County
ISBA Amendment Page 1
AMENDMENT TO INTERLOCAL SERVICE BOUNDARY AGREEMENT
BETWEEN THE TOWN OF MONTVERDE, THE CITY OF CLERMONT,
THE CITY OF MINNEOLA, BELLA COLLINA COMMUNITY
DEVELOPMENT DISTRICT AND LAKE COUNTY
This Amendment to the Interlocal Service Boundary Agreement is made by and between
the TOWN OF MONTVERDE, the cities of CLERMONT and MINNEOLA, all of which are
Florida municipalities (collectively referred to as "Cities" and individually as "Montverde",
"Clermont", "Minneola"), PINE ISLAND COMMUNITY DEVELOPMENT DISTRICT, an
independent special district created by Chapter 190, Florida Statutes ("PINE ISLAND") now
known as the BELLA COLLINA COMMUNITY DEVELOPMENT DISTRICT and LAKE
COUNTY, a political subdivision of the State of Florida (the "County").
WITNESSETH
WHEREAS, Florida municipalities possess Municipal Home Rule Powers pursuant to
Article VIII, Section 2(b) of the Florida Constitution and Section 166.021, Florida Statutes; and
WHEREAS, the County possesses Home Rule powers pursuant to Article VIII, Section
1(b), of the Florida Constitution and Section 125.01, Florida Statutes; and
WHEREAS, the stated purpose of the Florida Interlocal Cooperation Act of 1969, Section
163.01, Florida Statutes, is to "permit local governmental units to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual advantage
and thereby to provide services and facilities in a manner and pursuant to forms of governmental
organization that will accord best with geographic, economic, population, and other factors
influencing the needs and development of local communities."; and
WHEREAS, the principal goal of the Interlocal Service Boundary Agreement Act Section
171.20, Florida Statutes is to "encourage local governments to jointly determine how to provide
services to residents and property in the most efficient and effective manner while balancing the
needs and desires of the community." It is also intended to provide "a more flexible process for
adjusting municipal boundaries and to address a wider range of the effects of annexation" ... "to
encourage intergovernmental coordination in planning, service delivery, and boundary
adjustments and to reduce intergovernmental conflicts and litigation between local governments"
... "to promote sensible boundaries that reduce the costs of local governments, avoid duplicating
local services, and increase political transparency and accountability" . . . and "to prevent
inefficient service delivery and an insufficient tax base to support the delivery of those services.";
and
WHEREAS, in 2010, Cities, Pine Island and County entered into an Interlocal Service
Boundary Agreement (the "Agreement"), in order to specifically identify lands deemed logical for
future annexations into Cities and land to remain unincorporated ("Unincorporated Service Area"),
for Monterde, County and Minneola to provide for the adoption of the Goals, Objectives, and
Strategies of the Green Mountain Scenic Bylaw, as well as to provide for the exclusion of utilities
in the Ferndale Special Area unless approved in advance by County; and
ISBAAmendment Page 2
WHEREAS, Cities, Bella Collina and County wish to amend the Agreement to extend the
Term of Agreement and to clarify that the 2030 Lake County Comprehensive Plan shall govern
development, if any, of the Ferndale Special Area; and
WHEREAS, Cities, Bella Collina and County find that the benefits of intergovernmental
communications and coordination will accrue to all Parties; and
WHEREAS, this Amendment to the Agreement is entered into pursuant to the authority
of Article VIII of the Florida Constitution and Chapters 125.01, 163.3177, 166.021 and 171.203,
190.011, Florida Statutes.
NOW THEREFORE, in consideration of the mutual covenants set forth herein and in the
Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to
amend the Agreement as follows:
1. Recitals. The above recitals are true and correct and, by this reference, are hereby
incorporated into and made an integral part of this Amendment to the Agreement.
2. Amendment. Section 5 of the original agreement dated October 5, 2010, shall be amended
to read as follows:
FERNDALE SPECIAL AREA.
A. The Parties agree that the "Ferndale Special Area" described and depicted in Exhibit'IF"
shall be unincorporated. The Ferndale Special Area is located within 180 Utility Districts of
MONTVERDE and MINNEOLA as identified and described in their respective ordinances
establishing a utility district. With the exception of MINNEOLA'S alternative water facilities,
MONTVERDE and MINNEOLA shall not construct utility lines or related utility facilities within
the Ferndale Special Area to serve any property or properties within the Ferndale Special Area
without the prior written approval of the Board of County Commissioners of Lake County ("The
County Commission"). In addition, MINNEOLA and MONTVERDE shall not annex any land
within the Ferndale Special Area depicted in Exhibit "F" without amending this Agreement.
COUNTY agrees to grant MINNEOLA the right to use its right of way or any other lands within
the control of COUNTY for placement of MINNEOLA'S alternative water facilities, which may
be located in the Ferndale Special Area so long as the following conditions are met: (1) in the
COUNTY'S opinion, sufficient right of way or other land within COUNTY'S control exists; (2)
the COUNTY approves the proposed location of MINNEOLA'S alternative water facilities or
related infrastructure on COUNTY right of way or other lands within COUNTY'S control; and (3)
MINNEOLA obtains all necessary permits, such as right of way utilization permits from the
COUNTY.
B. Properties within the Ferndale Special Area as depicted in Exhibit "F" are designated as
Rural and Conservation on the future land use maw of Lake County. Florida. The 2030 Lake
County Comprehensive Plan limits density for properties designated as Rural to a maximum of 1
dwelling unit for 5 net acres unless a final Lot of Record/Excgption for Density for determination
was completed and approved by Lake Coun . The Parties Wee that durin the Term of this
ISBA Amendment Page 3
if an within the Ferndale S ecial Area.
3. Amendment. Section 9 of the original agreement dated October 5, 2010, shall be amended
to read as follows:
TERM OF AGREEMENT.
A. The Initial Term of this Agreement shall be twenty years from the effective date of this
Agreement. This Agreement shall be effective upon final adoption of an Ordinance adopting this
Agreement enacted by MONTVERDE, COUNTY, CLERMONT, and MINNEOLA, and upon
adoption of a final order, resolution or other method consistent with the Pine Island Community
Development District charter by PINE ISLAND. The Effective Date shall be the date of final
adoption by the last party.
to
throu h Se tember 30 2043.
4. Severabili . If any portion of this Amendment to the Agreement is declared invalid or
unenforceable, then to the extent it is possible to do so without destroying the overall intent and
effect of this Amendment to the Agreement, the portion deemed invalid or unenforceable shall be
severed here from and the remainder of this Amendment to the Agreement shall continue in full
force and effect as if it were enacted without including the portion found to be invalid or
unenforceable.
5. Full Force and Effect of Other Provisions. All provisions of the original Agreement
dated October 5, 2010, not specifically amended herein shall remain in full force and effect.
{SIGNATUREPAGES TO FOLLOW}
ISBA Amendment
Page 4
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneola, Bella CoWna
Community Development District and Lake County
BOARD OF COUNTY COM mSSIONERS
LAKE COUNTY, FLORIDA
Kirl
This
ATTEST:
Gary J. c�'one er of the
Board of Co Commissioners
of Lake County, Florida
Approved as to form and legality:
Melanie Marsh
County Attorney
2024.
ISBA Amendment
Page 5
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneola, Bella Collina
Community Development District and Lake County
TOWN OF MONTVERDE
This day of-. , 2024.
ATTEST:
/Pown Clerk
Approved as to form and legality:
Anita Geraci-Carver, Town Attorney
ISBA Amendment Page 6
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Mineola, Bella Collins
Community Development District and Lake County
CITY OF CLERMONT, FLORIDA
Ti r m Murry, Mayor
—1
This 13 day of a Uj u S+ , 2024.
ATTEST:
Tracy Ackroydv ity Clerk
Approved as to form and legality:
Mantzaris, City Attorney
ISBA Amendment Page 7
Amendment to Interlocal Service Boundary Agreement Between the Town of Montverde, City of Clermont, City of Minneola, Bella Collina
Community Development District and Lake County
CITY OF MINNEOLA
Pat Kelley
,,1111111t11/////
Mayor ,.%�,Rof MIN4
SEAL
This day o 2024. 1926
ATTEST: ' • • •''
V-)74--r-s, -
Kristine Thompson, City Clerk
Approyed as to form and legality:
ti
�o)ti Scott ken, City ttorney
ISBA Amendment Page 8
Amendment to InterlocaI Service Boundary Agreement Between the Town of Mon tverde, City of Clermont, City of Min neola, Bella Collin
Community Development District and Lake County
BELLA COLLINA COMMUNITY DEVELOPMENT DISTRICT F/K/A PINE ISLAND
COMMUNITY DEVELOPMENT DISTRICT
LAKE COUN" FLORIDA
This ZS day of j 202�t.
ATTEST:
Approved as to form and legality:
, District Attorney
ISBA Amendment Page
