472-S. Co. School Bd-Imapct Fee EDUCATIONAL SYSTEM IMPACT
INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY, FLORIDA, CITY OF SANFORD AND THE
SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA
THIS ~INTERLOCAL AGREEMENT is made and entered into by Seminole County,
Florida, a political subdivision of the State of Florida, (the "County");
City of Sanford, a body corporate existing under the laws of the State of
Florida, (the "City"); and the School Board of Seminole County, Florida,
a body corporate existing under the laws of the State of Florida (the
"School Board" ).
W}{EREAS, the parties to this Agreement have determined to collectively
utilize their individual powers in promoting the quality of education in
Seminole County Public Schools.
WHEREAS, a cooperative effort by interlocal agreement is necessary to
outline the procedures for collection of Educational System Impact Fees
(the "Impact Fees"). "'
WHEREAS, the County has adopted Ordinance No. 92-/~/, the Educational
System Impact Fee Ordinance (the "County Ordinance"), which will require
growth to contribute its fair share of the cost of
improvements to the Educational System; and
WHEREAS, the improvements and additions to the
benefit all citizens of Seminole County, both within
capital additions and
Educational System
the unincorporated
area and within the boundaries of the municipalities; and
WHEREAS, the Impact Fees shall be imposed throughout Seminole County,
including both the unincorporated area and the areas within the
boundaries of the municipalities; and
WHEREAS, the parties desire to establish a uniform procedure for the
administration and collection of Impact Fees to assist the public in
complying with the applicable ordinances and procedures of all parties;
THEREFORE, in consideration of the premises and for good and valuable
consideration, receipt of which is hereby acknowledged by all parties,
the parties hereby agree, stipulate and covenant as follows:
1. 'This Interlocal Agreement (the "Agreement") is entered into
pursuant to the provisions of the Florida Interlocal Cooperation Act
contained in Section 163.01, Florida Statutes, and Section 3.04 (Payment)
of the County Ordinance.
2. Terms used in this Agreement shall have the meanings provided in
Section 1.01 (Definitions) of the County Ordinance, unless the context
clearly requires otherwise.
3. The City hereby agrees to assist and cooperate with the County in
the collection the Impact Fees on and after October 1, 1992, within the
boundaries of the City as follows:
(a) The City shall require as a condition to the issuance of a
Building Permit for the construction or alteration of Educational System
Impact Construction:
(i) that if the Building Permit is for the construction of a
Single-Family Detached House, an Impact Fee Statement prepared by the
City be issued to the Applicant or Owner; or _
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(ii) that if the Building Permit is for the construction of
Educational System Impact Construction, other than a Single-Family
Detached House, the presentation of an Impact Fee Statement prepared by
the Count~.
(b) Prior to the issuance of a Building Permit, the City shall
collect the Impact Fees imposed by the County for the proposed
construction or alteration.
4. Such collection method shall remain in effect during each annual
renewal term as provided in paragraph 10 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.
5. Prior to the lSth day of each month, the City shall transfer to
the County the amount of Impact Fees, without interest, collected during
the previous calendar month, less the collection allowance provided in
Paragraph 6. Impact Fees collected by the City shall be held separately
from all other revenues and shall be transferred on a monthly basis to
the County.
6. As a collection allowance to reimburse the City for the costs of
collecting the Impact Fees, the City may retain the interest on the
Impact Fees and 3% of each Impact Fee collected up to a maximum of
$250.00 per Impact Fee. The parties acknowledge that the collection
allowance equals the cost of the administration and collection of the
fees, including any increase in bonding or surety incurred by the City
for the handling of the additional monies.
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7. Impact Fees collected by the County and Impact Fees transferred
to the County by the Cities shall be held separately and distinctly from
all other revenues and shall be transferred on a quarterly basis to the
School Bokrd. As a collection allowance for reimbursement of the cost of
administering and collecting the Impact Fees, the County shall be
permitted to retain three percent (3%) of each Impact Fee collected up
to a maximum of $250.00 per Impact Fee on property within the
unincorporated area of the County, plus the interest earned on the Impact
Fees collected by the County and on Impact Fees transferred to the County
by the Cities.
8. The School Board shall provide written notice to the City and the
County of review of the the Impact Fees conducted pursuant to Section
3.10 or otherwise.
9. The County shall provide written notice to the City of any review
by the Board of County Commissioners of the amount of the Impact Fees and
shall provide the City a copy of any ordinance which alters the amount of
the Impact Fees prior to the effective date of such rates.
10. The School Board agrees to provide recommendation to the County
pursuant to the provisions of the Ordinance that authorize School Board
recommendation, including Section 2.04, Alternative EduCational System
Impact Fee Calculation and Section 3.06, Developer Contribution Credits.
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11. As provided in Section 3.10 of the Ordinance, the School Board
agrees to serve as the Seminole County Educational System Advisory
Committee and to appoint a Citizens Advisory Group.
12. The initial term of the Agreement shall extend from' the date of
its execution through September 30, 1993. The initial term shall be
automatically renewed for additional one year terms commencing October
1st of each year and terminating September 30th of the succeeding year
unless one party delivers a written notice of termination to the other
parties prior to August 1st of the year of termination.
13. The parties have the right to review the records.of each other as
to the receipt, allocation and expenditure of Impact Fees and the
issuance of Building Permits. All such inspections shall be made upon
reasonable notice and at a reasonable time and place.
14. Periodically during the term of this Agreement, the parties shall
provide written reports Of the collection and expenditure of Impact Fees,
including current balances maintained in the applicable Trust Accounts.
15. All notices and clarifications required under this Agreement
shall be directed to the following offices:
For the County:
County Manager '
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For the City:
City Manager
Sanford City Hall
P.O. Box 1788
Sanford, Florida 32772-1788
For the School Board: Dr. Paul Hagerty
Seminole County School Board
1211 Mellonville Avenue
Sanford, Florida 32771
16. In cons( ration for the County's impl{ltation if the County's
Ordinance and the City's cooperation in the collection of the Impact Fee
as provided in this Agreement, the School Board agrees that it will
indemnify and hold the County and the City harmless from any loss or
damage occasioned by this Agreement or the County Ordinance, including,
but not limited to any loss or damage for any claim arising from the
passage, administration or enforcement of the County Ordinance or the
expenditure or collection of the Impact Fees. The School Board further
agrees to indemnify the County and the City for the costs of litigation
arising from the County Ordinance or this Agreement, including attorney's
fees, damages, and all other losses. In the event of litigation, the
School Board has the right to hire additional attorneys and otherwise
control the litigation, at its option. Should the City or County be
required to refund an Impact Fee to an Applicant, the School Board agrees
to reimburse the City or County for such refund.
17. This Agreement 'shall be governed by the laws of the State of
Florida. All legal actions to enforce the Agreement shall be held in
Seminole County. No remedy conferred in this Agreement is intended to be
exclusive of any other remedy, at law or .in equity or by statute or
otherewise., No exercise by any party of any right, power, or remedy
$
hereunder shall preclude any other or further exercise thereof. In an
action brought by a party for the enforcement of this Agreement, the
prevailing party shall be entitled to recover damages and reasonable
attorney's fees and costs.
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18. This Agreement sets forth the entire agreement between the
parties. There are no promises or understandings other than those stated
herein. None of the provisions, terms or conditions contained in this
Agreementsmay be modified, superseded or otherwise altered, except by
written agreement of the parties.
19. If any item or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent, be held
invalid or unenforceable, the remainder of this Agreement, or the further
application of such terms or provision, shall not be affected, and every
other term and provision of this Agreement shall be. deemed valid and
enforceable to the extent permitted by law.
20. This Agreement shall become effective upon the date of execution
by the County, the School Board, or the City, whichever is latest.
IN WITNESS WHEREOF, the County, the City, and the School Board have
caused this Agreement robe duly executed on the behalf of each, on the
respective dates set forth below.
^ppnown As wo q-//
ATTEST:
.APPROVED AS TO FORM
City Attorney
f
CITY
BY:
SCHOOL B~
BY: C
DATE: ~