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Home My WebLink AboutRoad Impact fees 09,13, 2005COS-07- 5'7a INTERLOCAL AGREEMENT (ROAD IMPACT FEES) THI5 AGREEMENT entered into this 13 day of 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and the CITY OF FORT PIERCE, a Florida municipal corporation, hereinafter referred to as "City" providing for the City's participation in the County's Roads Impact Fee program. WHEREAS, County originally adopted a roads impact fee ordinance effective February 1, 1986; and WHEREAS, said fee is to be effected and collected both in the County and City; and WHEREAS, County wishes to allow City to collect the fee as an agent of County; NOW, THEREFORE, IT IS AGREED as follows: 1. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Interlocal Cooperation Act. 2. The County and the City agree that the County's roads impact fee ordinance shall be effective within the City's jurisdiction unless this Agreement is terminated as hereinafter provided. 3. The City agrees to: a. Collect the applicable impact fee as specified in County's ordinance prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the City's jurisdiction. b. To maintain all records of the impact fee including the name, address, amount paid and benefit district for each building permit, mobile home permit, or electrical permit for a recreational vehicle park issued by the City. C. To remit to County forty percent (40%) of all funds collected as impact fees, after the deduction of four (4%) percent of the funds collected which shall be kept by City as a fee for administration for collecting and transmitting the funds. City shall remit the EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY g:\otty\agreemnt\interIoc\FP-rood imp-05 -1- FILE # 2738437 11/03/2005 at 12:45 PM OR BOOK 2405 PAGE 660 - 664 Doc Type: AGR RECORDING: $44.00 collected funds monthly to County, with payment being made to County by the 15th day of the following month. d. To expend the road impact funds retained by the City consistent with the requirements of Section 1-17-31(a) and (b), St. Lucie County Code and Complied Laws. e. Contact the County Administrator or his designee when a building permit, mobile home permit, or electrical permit for a recreational vehicle park is applied for that is not specifically listed in the ordinance and to collect the fee as determined for that use by the County Administrator or his designee. f. Notify County Administrator or his designee of any application for impact fee refund received by the City. In the event of any request for ref und, it is hereby agreed that the City and the County shall, individually, only be responsible to refund that portion of the Roads Impact Fee retained by the City or the County respectively, minus an administrative fee of three (3%) percent, or as otherwise prescribed in Section 1-17-32 of the St. Lucie County Code and Compiled Laws. g. Notify the County Administrator when a developer in the city, in lieu of paying all or part of the road impact fee, offers to construct part of a arterial or major collector road improvement project shown in the St. Lucie County Comprehensive Plan, City of Fort Pierce Comprehensive Plan or appropriate to the implementation thereof. h. To hold the County harmless should any suit or legal action be brought to contest the City's expenditure of impact fee funds or the amount of the administrative fee retained by the City . The City agrees to provide any legal defense necessary at no cost to County. Should any court order any refund of any impact fee or the amount of the administrative fee retained by the City or should any refund be agreed to by City, the ref und shall be paid solely by City. i. To provide the County on October 1 of each year, annual financial reports and information pertaining to the collection and expenditure of road impact fees retained by the City. 4. County agrees: a. To provide to City administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for City to collect the fee. g:\atty\agreemnt\interloc\FP-road imp-05 -2- b. To maintain all records of the impact fee including the name, address, amount paid and benefit district for each building permit, mobile home permit, or electrical permit for a recreational vehicle park issued by any City or County as furnished by the collecting agency. C. To consult with City in regard to expenditure of any impact fee funds collected by City and remitted to County and, where possible, expend the impact fee funds to construct part or all of a road improvement project shown in the St. Lucie County Comprehensive Plan, City of Fort Pierce Comprehensive Plan or appropriate to the implementation thereof. d. Except as provided in Section 3h , to hold City harmless should any suit or legal action be brought to contest the validity of the impact fee ordinance or to contest the amount of any impact fee imposed pursuant to the impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to City. Should any Court order any ref and of any impact fee or should any refund be agreed to by County, the refund shall be paid solely by the County and the City to the extent of percentage of fees retained by each respective entity. e. To provide the City, on October 1 of each year, annual financial reports and information showing the amount of impact fees collected and expended within each road benefit district. 5. The City and County jointly agree: a. To acknowledge that, in recognition of the discounts applied to the retail and industrial road impact fees assessments, in the event that any deficits are determined to exist those deficits will be made up through other available revenue sources. 6. The Board of County Commissioners shall have the final authority pursuant to Section 1-17-30(B) of the St. Lucie County Roads Impact Fee Ordinance as to whether to accept an offer by a developer to construct part of a road improvement project in lieu of payment of all or part of the road impact fee. 7. Nothing in this Agreement is intended to deprive the County of final authority and responsibility for the use and expenditure of impact fee monies collected pursuant to the Roads Impact Fee Ordinance. 8. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this g:\atty\agreemnt\interloc\FP-road imp-05 -3- Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 9. The Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 10. This Agreement shall be effective for a period beginning October 1, 2005. Termination of the Agreement may occur only if: (1) all parties agree to the termination; or (2) imposition of the roads impact fee is not allowed by state law, or (3) upon breach of the agreement by a party and failure to cure the breach within thirty (30) days; or (4) by either party upon one hundred twenty (120) days written notice. 11. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. ATTEST: nn T p / De u Cldi* 9:\atty\agreemnt\inter}oc\FP-road imp-05 -4- BOARD OF COUNTY C -MMISSIONERS T. L E COUN i, FLORIDA DATE r � APPROVED AS TO °:ORIV, COR CT S ' BY: County ,aitt rney CITY OF P ERC ORIDA /�. Mayor DATE: _ -ZZ' 20 2ooS A 9:\atty\agreemnt\interloc\FP-road imp-05 -5-