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1992-06 - 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 .. ¡'1;1N I) ;-' " -I it""" 'J'. . 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 8 8 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. 1 8 8 544 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 2 8 8 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 3 8 8 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, 4 8 8 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 . ' . . 8 -...... 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 ~, (j, r/ " ./ iÞ (-, Yi' ',/ ' - ' I :~Y{' /y!/(" -1' ) td-2 //)&:,/1 'D//lr.it-tl I //ri,/~,,/,/ ""--- ,'" Y?" ATIriette.star Lustgarte~ County Attorney ATTEST: ~ , /~/ I.~) /u' . ~ 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) 6