403-Library System FIRST AMENDMENT TO
LIBRARY SYSTEM IMPACT FEE INTERLOCAL AGRBEMENT
SEMINOLE COUNTY{CITY OF SAMFORD
THIS AMENDMENT is made and entered into this /~ day of
entered into on the 10th day of April, 1991, between the CITY OF
SANFORD, a Florida municipal corporation, whose address is Post
Offics Box 1788, Sanford, Florida 32772-1788, heroinafter 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, heroinaf-
ter referred to as COUNTY.
WITNEBSSTM~
WHEREAS, the CITY and COUNTY entered into the above referenced
Agreement on April 10, 1991, for establishing a collection
procedure for Library System 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 Library System Impact Fee imposed
within the boundaries of the CITY as follows:
CERTIFIED COPV
~ARYAN~E
CLERK OF C{RCU{T COURT
i SEMINOLE COUNTY, FLOR)~
DEPU~C RK
(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 Library System Impact Con-
struction, other than Single Family Detached
Home, the presentation of an Impact Fee State-
ment 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 181Pa0623
IN WITNESS WHRREOF, the parties hereto have executed this
instrument for the purpose herein expressed.
ATTEST: CITY OF SANFORD
CITY OF SANFORD
LINDA L. BRACE, ACTING CITY CLERK
Date:
~...TE~Ti .... . ...0~.., . BOARD OF COUNTY COMMISSIONERS
· 8 e S EMIN COUNTY,
. , chairman
~h~JBoard of
For usa' and relianceAs authorized for execution by
of ~e~inole count~ onl~.~Z tCC~ ~Lrc° ty~c?~is?
Approved as to form and n t
legal sufficiency. 19g2 , regular me
HMB/dre
LIB~FEB.ALL
3
BKIBIPGO62h
LIBRARY SYSTEM IMPACT FEE INTERLOCAL AGREEMENT
SEMINOLE COUNTY/CITY OF SANFORD
THIS INTERLOCAL AGREEMENT iS entered into on the / 6 ~
day of ~ , 1991, between SEMINOLE COUNTY, a political
subdivision of the State of Florida'~ whose address is Seminole
County Services Building, 1101 East First Street, Sanford, Florida
32771, (hereinafter referred to as the "COUNTY") and the CITY OF
SANFORD, a Florida municipal corporation, whose address is Post
Office Box 1778, Sanford, Florida, 32772-1778, (hereinafter
referred to as the "CITY").
WHEREAS, the COUNTY has adopted library system impact fees
which require growth to contribute its fair share of the cost of
required collection items under the terms of Chapter 16, Land
Development Code of Seminole County; and
WHEREAS, the Impact Fees provided for under Chapter 16, Land
Development Code of Seminole County, are imposed in all portions of
Seminole County, both unincorporated and municipal areas; and
\11 ~
WHEREAS, the parties are desirous of establishlng 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, the parties hereby agree, stipulate and covenant
as follows:
~ERTIFIED COPY
MARYANNE MORSE
CLERK OF C~RCUIT COURT
1
1. This Interlocal Agreement hereafter the "Agreement") is
entered into pursuant to the provisions of Section 163.01, Florida
Statutes, and Section 16.24, (Payment), Land Development Code of
Seminole County. Terms and words used in this Agreement shall have
the meanings set forth.~..in~.~Section .16.1, (Definitions), Land
Development Code of Seminole County, unless the content clearly
otherwise requires.
2. The CITY hereby agrees to assist and cooperate with the
County in collecting the Library System Impact Fee imposed within
the boundaries of the CITY as follows:
(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 Library System Impact Construction, other
than Single Family Detached Home, the presentation
of an ImpactIFee 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 June 1,
1991 through September 30, 1992. This Agreement shall be automati-
cally renewed for additional one-year terms commencing October 1 of
each year and terminating September 30th 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
each review being conducted pursuant to Section 16.29 (Review
Requirement), Land Development Code of Seminole County. Further,
the CITY agrees that it will provide written notice to the COUNTY
of any effort to enact an Impact Fee within the CITY or a review of
the CITY's Impact Fees.
7. To reimburse the CITY for the costs incurred relating to
the collection of the Impact Fees provided herein, the CITY shall
3
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: County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For the CITY: William A. Simmons
City Manager
Sanford City Hall
Post Office 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 andwithin its statutory limitation.
Nothing herein shall be construed as a general pledge of COUNTY
revenues.
11. This Agreement shall be effective on June 1, 1991, not
withstanding the date of execution by the parties.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed by their duly authorized officers.
D k SMITH, ayor
~A~ET R. ONAHOE, Cler BET M
City of Sanford
Date: ~7~ J~ ICql
Seminole County, Florida.
For use and reliance As authorized for execution by
of Seminole County only. the Board of County Commis-
HMB/gg
02118191