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365-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