2008-10INTERLOCAL 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 August 9, 2004, County and City entered into an Interlocal
Agreement which provided that City would collect impact fees for County;
WHEREAS, on December 11, 2007, the Lake County Board of Commissioners
enacted Ordinance 2007-60 which amended Chapter 22 of the Lake County Code,
entitled "Impact Fees;"
WHEREAS, it is necessary to enter into anew Interlocal Agreement to
implement the changes set forth in Ordinance 2007-60.
IN CONSIDERATION of mutual promises, conditions, covenants and payments
provided herein, the parties agree as follows:
Section 1. Recitals Incorporated.
correct and incorporated herein.
The above recitals are true and
Section 2. CitV's Obligations. The City agrees:
A. To collect impact fees prior to issuing a building permit, or a development
permit if a building permit is not required. The City shall collect any impact fees that are
imposed by County after written notification from County that such impact fees are due.
B. To remit to County all impact fees collected. Payment shall be made to
County no later than the thirtieth (30th) day of the following month. Each monthly
payment shall be accompanied by a written document which provides the following
information for each building permit issued:
1. The name and location of the development, including the alternate
key, number, lot number and property control number;
2. The name of the person or entity making payment;
3. The address for which the building permit was issued;
4. The land use for non residential buildings;
5. The amount paid and the date of payment;
6. The benefit district for each impact fee;
7. The City building permit number.
The above reporting requirement may be changed by County Manager or designee by
giving fifteen (15) days written notification to City.
City may collect an additional three percent (3%) charge based on the funds collected up
to a maximum of One Hundred Dollars ($100.00) per building permit or a final
development order as compensation for the expense of collecting the fee, or, at the option
of City, City may set its own administration fee which shall not exceed the actual costs of
collection of the fee.
C. To contact the County Manager or designee when a building permit or
development permit is applied for that is not specifically listed in the Lake County Land
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Development Regulations and collect the fee as determined applicable to that use by the
County Manager or designee.
Section 3. County's Obligations. The County agrees:
A. To provide City administrative procedures and administrative assistance in
setting up bookkeeping and other accounting procedures necessary for City to collect any
impact fees, including the schedule of fees to be collected.
B. To maintain all records of the impact fees based upon the information City
provided to County.
C. To hold City harmless should any legal action be brought to contest the
validity of any of the impact fees. The County agrees to provide any legal defense
necessary at no cost to City in regards to any such validity challenge. If a court orders a
refund of any impact fee, or if County agrees to any refund, said refund shall be paid
solely by County.
D. To provide the City upon request, with financial reports and information
showing the amount of impact fees 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.
Section 5. Modification. Unless otherwise specified, 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.
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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
City
Tracy Ackroyd, City Clerk
685 West Montrose
Tavares, FL 32778
Cc: Impact Fee Coordinator
P.O Box 7800
Tavares, FL 32778
Clermont, FL 34712
B. All notices required, or which may be given hereunder, shall be
considered properly given if (1) personally delivered, (2) sent by certified U.S. mail,
return receipt requested, or (3) sent by Federal Express or other equivalent 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 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.
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Section 7. Entire Agreement. 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 Agreements. The Interlocal Agreement dated August 9,
2004 is hereby terminated.
(Intentionally Left Blank; Signatures to Followl
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iInterlocal Agreement Between Lake County and the Citv of Clermont Regarding Collection of impact Feesl
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 COMMISSIONERS, signing by and through Angi Thompson,
Impact Fee Coordinator, authorized to execute same by Board action on the ~y~`'day of
-~~,rt~a , 2008 and by the City of Clermont, signing by and through Harold Turville,
Mayor, its representative duly authorized to execute the same.
COUNTY
ATTEST:
LAKE COUNTY, through its
BOARD OF~LINTY
COMMISSyO~Q~RS
Neil Kelly, Clerk
of the Board of County
Commissioners of Lake
County, Florida
Appr ed as~~ form and 1 gality:
~~_._
Sanford A. Minkoff
County Attorney
ATTEST:
,~.~
/,~
-'~~_.
Tracy Ackro d, City Clerk
Angi Thpson
Impact ee Coordinator
This ~ay of -~~~' 2008
CITY
CITY OF CLERMONT,
through its CITY COUNCIL
arold urville, Mayor
_.--~
A roved as t fe m and lega I
~----
~~n ~ ~ ( J~ -~ ~
City Attorney
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