1985-03
.
.
85-03
INTERLOCAL AGREEMENT
THIS
26th
day
of
AGREEMENT
into
this
entered
February
1985,
by and between LAKE COUNTY,
a
,
political subdivision of the State of Florida, hereinafter
referred to as "County", and the.CITY OF CLERMONT
a political subdivision of the State of Florida, hereinafter
referred to as "City".
WHEREAS, County is in the process of adopting a road impact
fee ordinance to be effective in Lake County, Florida, and
WHEREAS, said fee is to be effected and collected both in
County and City, and
WHEREAS, County wishes to allow City to collect the fee as
an agent of County.
NOW, THEREFORE, IT IS AGREED as follows:
1. This Agreement is entered into pursuant to Florida
Statute 163.01, Florida Interlocal Cooperation Act.
2. The City agrees to:
a. Collect the applicable impact fee as specified in
. ...:='"
County's ordinance prior to issuing any building permit or
development permit.
b. To remit to County all funds collected as impact
fees, with the exception of 3% of the funds collected which shall
be kept by City as a fee for administration for collecting and
transmitting the funds.
City shall remit the collected. funds
monthly to County, with payment being made to County by the 15th
day of the following month.
c. Contact the County Administrator or his designate
when a building permit or development permit is applied for that
is not specifically listed in the Ordinance and to collect the
fee as determined for that use by the County Administrator.
3. 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 fee.
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b. To maintain all records of the impact fee,
including the name, address, amount paid and benefit district for
each building or development permit issued by any City or County
as furnished by the collecting agency.
c. To create at least three, 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 representative from each City located within the area that is
within the boundaries of the transportation advisory committee.
d. To hold Ci ty harmless should any sui t or legal
action be brought to contest the validity of the impact fee
ordinance.
The County agrees to provide any legal defense.
necessary at no cost to City. Should any Court order any refund
of any impact fee or should any refund be agreed to by County,
said refund shall be paid solely by County.
e. That all funds collected by the City or collected
as a resul t of building permi ts or development permi ts issued
. ...::1
within the City shall, for the purposes of Florida Statute
336.025 be considered City transportation expenditures.
f. To provide the City, upon request, financial
reports and information showing the amount of impact fees
collected within each road benefit district.
4. This Agreement embodies the whole understanding of the
parties. There are no promises, terms, conditions or obligations
other than those contained herein; and this Agreement shall
supersede all previous communications, representations, or
agreements, either verbal or written, between the parties hereto.
5. This Agreement can be cancelled upon thirty (30) days
written notice by one party to the other or either party to the
other.
LAKE COUNTY BOARD OF COUNTY
COMMISSIONERS
BY
GLENN C. BURHANS, CHAIRMAN
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ATTEST:
JAMES C. WATKINS, CLERK
ATTEST:
.1/
Saunders, City Clerk
SAM/ph/12-l
CITY OF CLERMONT
BY:
UJ a-P~.
Robert A. Pool, Mayor