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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