HomeMy WebLinkAbout365-Road Impact Fees FIRST/%MENDMENT TO
ROAD IMPACT FEE INTERLOCAL AGREEMENT
SEMINOLE COUNTY/CITY OF Bi~NFORD
THIS FIRST AMENDMENT is made and entered into this / ~
day of /~ , 1992, and is to that certain Agreement
made and entered into on the 15th day of August, 1989, between the
CITY OF SANFORD, a Florida municipal corporation, whose address is
Post Office Box 1788, Sanford, Florida 32772-1788, hereinafter
referred to as CITY, and SEMINOLE COUNTY, a political subdivision
of the State of Florida, whose address is Seminole County Services
Building, 1101 East First Street, Sanford, Florida 32771, hereinaf-
ter referred to as COUNTY.
WITNEBSETH~
WHEREAS, the CITY and COUNTY entered into the above referenced
Agreement on August 15, 1989, for establishing a collection
procedure for County Road Impact Fees; and
WHEREAS, the parties desire to amend the Agreement so as to
enable both parties to continue to enjoy the mutual benefits it
provides; and
NOW, THEREFORE, in consideration of the mutual understandings
and agreements contained herein, the parties agree to amend the
Agreement as follows:
1. Section 2 of the Agreement is amended to read:
2. The CITY hereby agrees to assist and cooperate with
the County in collecting the Countywide Impact Fee and the
Collector Road Impact Fee imposed within the boundaries of the CITY
as follows: CERTIFIED COPY
MARYANNE WORSE
1 CLERK OF CIRCUIT COURT
SEMINOLE COUNt, FLORI~
(a) The CITY shall require, as a condition to the
issuance of a Building Permit:
(i) that if the Building Permit is for the con-
struction of a Single Family Detached Home, an
Impact Fee Statement prepared by the CITY be
issued to the Applicant or Owner; or
(ii) that if the Building Permit is for the con-
struction of any Road Impact Construction,
other than Single Family Detached Home, the
presentation of an Impact Fee Statement
prepared by the COUNTY.
(b) The CITY shall collect, prior to the issuance of the
Building Permit, the Impact Fees imposed by the COUNTY for the
proposed construction or alteration.
(c) All impact fees collected by the CITY during a
calendar month shall be remitted, without interest, by the CITY, to
the COUNTY prior to the 15th day of each month for such Impact Fees
collected in the previous month.
2. Notwithstanding anything contained 'in the Interlocal
Agreement to the contrary, the effective date of the procedure set
forth above shall be May 1, 1992.
3. Except as herein modified, all terms and conditions of
the Agreement shall remain in full force and effect for the term of
this Agreement, as originally set forth in said Agreement.
2
eK 18 I P O6gO
IN WITNESS WHEREOF, the parties hereto have executed this
instrument for the purpose herein expressed.
ATTEST: CITY OF SANFORD
~xmx~e~m~e~ Clerk By: aETT~/~ .~H, Mayor
CITY OF SANFORD
LINDA L. B~CE, ACTING CITY CLERK
; Date:
/ ~.,"' "'~ ""? j -~r"' ~ S~IN
~ ~le~ ~ t e $~rd of
~.~, s{np~e co~, morida.
' j For us~ and reliance As authorized for execution by
Approved as to form and
legal sufficiency. 19 , regular mee
ou A~torney
HMB / gn
02/28/92
3
BKI81PG0621
iNTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into on the /j'~ day
subdivision of the State of Florida {hereafter the "County") and
the CITY OF SANFORD, a Florida municipal corporation (hereafter the
"City).
WITNESSETH:
W~EREAS, the COUNTY has adopted road impact fees which require
growth to contribute its fair share of the cost of required
transportation capital improvements to certain arterial and
collector roads of the County designated under the terms of Chapter
13, Seminole County Land Development Code; and
WBEREAS, the Impact Fees provided for under Chapter 13,
Seminole County Land Development Code, are imposed in all portions
of Seminole County, both unincorporated and municipal areas; and
WHEREAS, the parties are desirous of establishing a uniform
procedure for the collection of Impact Fees to assist the public
in complying with the .applicable building and zoning ordinances
and procedures of both parties;
NOW, THEREFORE, in consideration of the premises and for good
and valuable consideration, receipt of which is hereby acknowledged
by both parties, ~he parties hereby agree, stipulate and covenant
as follows:
1. This Interlocal Agreement {hereafter the "Agreement") is
entered into pursuant to the provisions of Section 163.01, Florida
Statutes, and Section 13.34(c), (Payment), Seminole County Land
Development Code. Terms and words used in this Agreement shall
have the meanings set forth in Section 13.1, (Definitions),
Seminole County Land Development Code, unless the content clearly
otherwise requires.
2. The City hereby agrees to assist and cooperate with the
County in collecting the. Countywide Impact Fees and the Collector
Road Impact Fee imposed within the boundaries of the City as
follows:
1
(a) The City shall require, as a condition to the
issuance of a Building Permit:
(i) that if the Building Permit is for the
construction of a Single Family Detached Home, an
Impact Fee Statement prepared by the City be issued
to the Applicant or Owner; or
(ii) that if the Building Permit is for the
construction of any Road Impact Construction, other
than Single Family Detached Home, the presentation
of an Impact Fee Statement prepared by the County.
(b) The City shall collect, prior to the issuance of the
Certificate of Occupancy, the Impact Fees imposed by the
County for the proposed construction or alteration.
(c) All impact fees collected by the City during a
calendar month shall be remitted, without interest, by
the City, to the County prior to the 15th day of each
month for such Impact Fees collected in the previous
month.
3. Such collection method shall remain in effect during each
annual renewal term as provided in paragraph 4 of this Agreement
unless the City notifies the County in writing prior to the 1st day
of August of the selection of an alternative collection Option for
the next ensuing annual renewal period.
4. This Agreement shall be for an initial term from date of
its execution through September 30, 1990. This initial term shall
be automatically renewed for additional one-year terms commencing
October 1 of each year and terminating September 3Oth of the
succeeding year unless one party delivers a written notice of
termination to the other party prior to August 1 of each year.
5. The City and the County shall each have the reciprocal
right to review the records of the other as to the receipt,
allocation and expenditure of Impact Fees, including records as to
the issuance of Building Permits. All such inspections shall be
made upon reasonable notice and at reasonable time and place.
6. The County shall provide written notice to the City of
2
each annual review being conducted pursuant to Section 13.40,
(Review Requirement), Seminole County Land Development Code.
Further, the City agrees that it will provide written notice to the
County of any effort to enact a Transportation Impact Fee within
the City or a review of the City's Transportation Impact Fees.
7. To reimburse the City for the costs incurred relating to
the collection of the Impact Fees provided herein the City shall
be allowed to retain three percent (3%) of each Impact Fee
collected up to a maximum of TWO HUNDRED FIFTY AND NO/100 DOLLARS
($250.00) per Impact Fee. Both parties acknowledge that the amount
retained is equal to the cost incurred relating to the collection
of these fees, including any increase in bonding or surety costs
from the handling of these additional monies.
8. Periodically during the term of this Agreement, the County
shall provide written reports of the collection and expenditure of
Impact Fees, including current balances maintained in the
applicable Trust Accounts.
9. All notices and clarifications required under this
Agreement shall be directed to the following offices:
For the County:
Deputy County Manager/Administration
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For the City:
Frank A. Faison, City Manager
P.O. Box 1778
Sanford, Florida 32772-1778
10. The County agrees to hold the City harmless from all
liability which may result from the performance of its obligations
herein, done in accordance with the terms of this Agreement to the
full extent authorized by law and within its statutory limitation.
Nothing herein shall be construed as a general pledge of County
revenues.
11. This Agreement shall be effective on September 1, 1989.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed by their duly authorized officers.
ATTEST: CIT OF S~A~NFO~RD ~
A~NET~R. DON~HOF, City Clerk By: BE . SMITH, Ma~yor
( SEAL ) Date: ~
ATTEST: BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
-~Commissioners of Seminole
County, Florida-'- Date:
For the use and ~eliance As authorized for execution
of Seminole County only. by the Board of County Commis-
Approved as to--form and sioners at their .~w.~/-F ,
}egal sufficiency. 19~, regular meeting.
Coun~Att~o'ney
RAM/mla
07/28/89