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2003-13 . .,' ..' . ,I . . . . . .r/ldo1 INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND THE CITY OF CLERMONT RELATING TO PROVISION OF PERMITTING, BUILDING/FIRE INSPECTION AND PLAN REVIEW, AND CONTRACTOR LICENSING AND REGULATION SERVICES THIS IS AN INTERLOCAL AGREEMENT by and between Lake County, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and THE CITY of CLERMONT, a municipal corporation, pursuant to the laws of the State of Florida, hereinafter referred to as "CITY". WITNESSETH WHEREAS, Chapter 125, Florida Statutes, County Government. Section 125.01, Powers and Duties, Subsection 125.0 1(1)(d), authorizes the COUNTY to enforce the Florida Fire Prevention Code and subsection 125.Ol(l)(cc) authorizes the COUNTY to enforce the Florida Building Code and subsection 125.01(1)(p) authorizes the COUNTY to contract with other governmental agencies for services; and WHEREAS, Chapter 166, Florida Statutes, Municipalities, Section 166.021, Powers, authorizes the CITY to enter into interlocal agreements for the provision of services; and WHEREAS, CITY has requested that COUNTY perfonn pennitting, inspection, plan review and licensing services as specified herein for CITY and WHEREAS, COUNTY has the capabilities to perfonn these services for CITY. NOW, THEREFORE, in consideration of the tenDs. conditions, promises, covenants and payments hereinafter set forth, the parties agree as follows: Page 1 of7 . . " . . . . . -" . . Section 1, Recitals. The above recitals are true and correct and incorporated herein. Section 2. Term of Aereement, This Agreement shall be effective for a tenn of one year from the date of final execution and shall automatically renew for additional one (1) year tenns unless tenninated as provided in Section 5. Section 3, COUNTY Oblieations. a. The COUNTY shal~, through the Department of Growth Management, Building Services Division, provide new construction or renovation pennitting, building/fire plan reviews, inspection(s) and license regulation for construction in accordance with the current state and. local codes and standards in effect within the CITY and State. Should there be any conflict in any codes or standards between State or local requirements, or building or fire codes, that which provides the greatest degree of life safety shall prevail. b. COUNTY shall provide water flow calculations as well as recommendations on all fire hydrant locations or fire protection water flows for the CITY. c. COUNTY shall provide to the CITY copies of all plan reviews, water flow calculations or other reports as so desired by the CITY. d. COUNTY shall, upon request of the CITY, dispatch an investigator to investigate complaints against contractors holding COUNTY licenses arising out of their activities within the CITY's jurisdiction, and complaints about unlicensed contractors doing business within the CITY's limits. An investigator shall be dispatched at the earliest possible opportunity after receipt of the complaint, subject to the availability of COUNTY staff. The COUNTY staff shall remain under the exclusive control and direction of the COUNTY. The provisions of Chapter 6, Lake County. Code, shall govern the investigations, citations and administrative complaints conducted or issued pursuant to this Interlocal Agreement. All fines imposed pursuant to Chapter 6, Lake County Code, and this Interlocal Agreement shall be paid to the Lake County Board of County Commissioners. Page 2 of 7 , , .J , . . . 8 . - " . . e. COUNTY shall provide CITY 15% of CITY building/fire pennit fees collected. f. COUNTY shall pay monthly rent to CITY at the rate of $8.00 per sq. ft. for space in the Clennont City Hall located at 685 W. Montrose St., Clennont, FL. Space provided to be a minimum of3000 sq. ft. g. COUNTY shall make no alterations or improvements to the rented space without prior approval from CITY. Section 4, CITY Oblieations, a. CITY shall direct applicants to apply at the COUNTY for building/fire pennits. CITY to provide administrative services in the fonD of zoning data and all requested infonnation pertaining to the property, utilities, history and verification of necessary data for plan review and pennitting by COUNTY. COUNTY to perfonn the services/plan reviews referenced Section 3 in accordance with applicable state and local codes, regulations, fees and statutes. b. CITY shall provide, at no cost to COUNTY, three copies of any CITY codes or ordinances necessary to perfonn the plan reviews. c. CITY hereby authorizes COUNTY, through the Department of Growth Management, Building Services Division staff, to enforce all building/fire codes throughout the CITY as may be necessary as provided by law. d. CITY shall provide a zoning clearance and verification of submitted pennit data to the applicant for submission with the applicant's pennit application. No pennits will be issued without a prior zoning clearance from the CITY, This zoning clearance may be hand delivered, faxed or computer generated. CITY to coordinate computer software with COUNTY existing software for data sharing. Page 3 of? , , ., , . . . . . ~ .' . . e. CITY to provide COUNTY reasonable advance notice and cooperation for location of walls, lights, alc, telephone, data and electrical outlets. COUNTY to pay reasonable costs of improvements above and beyond what is depicted on the approved plans. f. CITY to provide a minimum of 3000 sq. ft. in the Clennont City Hall located at 685 W. Montrose St., Clennont, FL. to allow COUNTY to perfonn the services outlined in this document. CITY to provide elec.tric, water, sewer, heating, alc, repairs and maintenance and janitorial services for the rented space. Section 5. Termination, Eithe~ party may tenninate this agreement for any reason at any time by providing thirty (30) days advance written notice thereof to the other party. Section 6. Amendment to Aereement, No modification, amendment, or alteration of the tenns or conditions contained herein shall be effective unless contained in a written document executed by the parities hereto, with the same fonnality and of equal dignity herewith. Section 7. 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 CITY County Manager P.O. Box 7800 Tavares, Florida 32778 City Manager P.O. Box 120219 Clennont, FI 34711 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 requested, or (3) sent by Federal Express or other equivalent overnight letter delivery company. Page 4 of7 " .. . . . : . . . 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 pic~ed up by the overnight letter delivery .company. 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 8, Entire Ae:reement. This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. Section 9, 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. IN WITNESS WHEREOF, the parties have made and executed this Agreement of the respective dates under each signature: Lake County through is Board of County Commissioners, signing by and through its Chairman, authorized to execute the same by Board action on the ~ day ori~ the City of Clermont, signing by and through its Chairman, authorized to execute the same by Board action on the day of 2003, and the City of Clennont, signing by and through its City Manager authorized to execute the same by action of the City Council on the ¡Iii. day of U-r 2003. COUNTY / LAKE COUNTY, through its ~O~¿rNERS Welton G. Cadwell Chairman r!&L - J es C. atkins, Clerk of the Board of County Commissioners of Lake County, Florida This ~ay of ~, 2003 Page 5 of7 . . ; .II-tte'r.J::o.:=al t b t . C t d Th C . t f Cl . agreemen e ween e oun y an e 1 y 0 erm : . Approved as to fonn and legality: '--'\'ì~ . --r-\\~ Melanie Noll Marsh Assistant County Attorney . . Page 6 of? . . . . . o. . . . . . . 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