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HomeMy WebLinkAboutImpact Fee Workshop Minutes 01-15-2008BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA IMPACT FEE WORKSHOP Date: January 15, 2008 Convened: 2:10 p.m. Adjourned: 3:10 p.m. Commissioners Present: Joseph Smith, Chairman, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, Management and Budget Director, Michael Brillhart, Strategy and Special Projects Director, Millie Delgado -Feliciano, Deputy Clerk ST. LUCIE COUNTY VS. STATE OF FLORIDA- SETTLEMENT OFFER- CITY OF PORT ST. LUCIE The County Attorney addressed the item and gave a history of the issue. He stated the County has filed a Bond Validation Complaint that is still pending. There have also been interveners, i.e. Core and this has been settled. Riverland and Kennedy and ACL Properties are working together with staff toward a similar agreement and this agreement will come before the BOCC shortly. In an interoffice memorandum to the Board from the County Attorney, he summarized the City of Port St. Lucie's proposed Settlement Agreement as follows: The County and the City would enter into inter local agreements wherein the City would agree to collect County impact fees for a period of five years for roads, parks and public buildings at the following percentages: Roads — 40%, Parks -30%, Public Buildings -84% of the lowest impct fee imposed by the County. (Note: The City collected County impact fees for roads, parks and publlic buildings at the percentages referenced above until October 1, 2005 and have not collected those County fees since that date.) The County would refund any imoact fees for roads, parks and public buildings collected from feepayers iwthin the County that were in excess of the percentages refrenced above. (Note: The County has collected 100% of the fees for roads, parks and public buildings within the City since April, 2006. The County Administrator will provide more specific information concerning the extent of the proposed refund.) The city would amend its impact fee ordinance to eliminate the ordinance conflict language wherein the City attempted to prevent the County from collecting County roads, parks and public buildings impact fees within the City. The City would withdraw as an Intervener in the bond validation lawsuit. Under the terms of the proposed Interlocal Agreements, the County may annually adjust the impact fee based on the Consumer Price Index. All Urban Consumers (Base Year 1995=100.) The Couny may also modify the amount of the fees if the modification is supported by an impact fee study approved by the Board of County Commissioners that demonstrates a reasonable connection between the need for improvements (gor roads, parks and public buildings) to be funded by County impact fees and the impact on the roads, parks and public buildings generated by development within the City. Each interlocal agreement provides for a list of projects on which County impact fees may be spent. The proposed projects by the County are attached to the interlocal agreement. The City has not yeat approved the projects. The agreements provide that the project schedules shall be updated annually by the County after consultation with the City. In the road impact fee interlocal agreement, the City has proposed that the impact fees may only be spent in the zone they are collected from. As indicated previously, the Board discussed the City's settlement offer at the Board's September 24, 2007 meeting. As a result of the Board discussions at the informal meeting, Commissioner Craft sent a letter dated October 2, 2007 to Mayor Christensen, a copy of which I attached. As indicated in Commissioner Craft's letter, the Board had concerns about the proposed refund of over 5 million dollars of previously collected roads, parks and public buildings impact fees from over 1600 persons and/or builders. The Board also had concerns about the proposed term of 5 years and the City's proposal to restrict the ability of the County to spend money in an adjacent zone. Also attached to this memorandum is a copy of a letter dated October 30, 2007 from Mayor Christensen outlinging the City's response to the County's comments. The City did agree to the concept of restricting expenditure of road impact fees within zones 3 and 4 provided that the expenditure of those refunds in on projects from a project list that has been mutually agreed upon by the County and the City. The City did not agree to extehnd the term for 5 to 10 years. In addition, the City indicated that "the concept of a refund of excess impact fees collected to date is of any paramount importance in bringing this to resolution". With regard to the "refund" issue, staff has drafted some refund procedures in an effort to give the Board some options to conisder if the Board desires to discuss the concept of refunds with the City. A copy of the draft procedures is attached. A summary of the draft procedures follows: 1. The refunds would pay for road and park impact fees- not public buildings impact fees. 2. The refunds would be paid to the current proeprty owner based on Hold Harmless Agreement that must be signed by the property owner. 3. There would a six month claims period. 4. No refunds would be made to owners/builders with the Tradition DRI Southern Grove DRI and Western Grove DRI which are the subject of the October 16, 2007 Settlement Agreement, since impact fee credits have been provided pursuant to a court approved settlement agreement. Discussion: In analyzing any settlement offer, the "pro's" and "con's" of the offer should be weighed. From staff s perpective, the potential advantages of the settlement offer are as follows: 1. The settlement eliminates any legal uncertainty over the County's ability to collect impact fees within the City for at least 5 years. It is impossible to predict with certainty how the Court will resolve the issues. Even if the county prevails, there could be an appeal which would further delay the projects and could result in a reversal of the trail court's ruling. 2. The County will be able to allocate impact fees (for roads, parks and public buildings) collected within the City for specified projects approved by the County and the City. Currenity, the County is holding those fees pending resolution of the lawsuit. From Staff s perpective, the potential negatives of the proposed settlement are: 1. The proposed interlocal agreements will require the refuld of previously collected roads, parks and public buildings impact fess from over 1600 persons and/or builders. Obviously these monies, if not refunded, could be 2 James C. Nicholas December 20, 2007 Daniel McIntyre, Esq County Attorney St Lucie County 2300 Virginia Street Ft Pierce, FL 34982 Re: Road Impact Fees Dear Mr. McIntyre: 126 SW 165`h Street Newberry, FL 32669 (352)472-4045 (352) 472-4045 Fax e-mail jcnicholas@msn.com I did a study for St. Lucie County in 2005 that dealt with the costs of road improve- ments necessitated by new development within St Lucie County. That study was submitted to St Lucie County in July, 2005. The conclusion of my 2005 study with respect to St Lucie County road impact fees was that an increase in the amount of the fees over the then existing road impact fees was warranted. The road impact fees that I recommended for Mainland St Lucie County, which in- cludes the cities of Ft Pierce and Port Saint Lucie, are shown in the table below along with the then existing impact fees. IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY 2005 LAND USE TYPE (UNIT) Existing Fee 2005 Recalcula- tion Single Family $2,059 $2,612 Mobile Home/Rec. Vehicle $1,029 $1,306 Multi -Family 1 & 2 Story $1,500 $1,902 Multi -Family 3 + Stories $784 $994 Hotel/Motel - Room $1,950 $2,474 Bed & Breakfast - Room $947 $1,200 All Other Residential $1,500 $1,902 OFFICE & FINANCIAL PER 1,000 FT2: Other Office $1,259 $1,596 Medical Office $5,633 $7,142 RETAIL PER 1,000 FT2: Under 100,000 FT2 $2,673 $3,389 100,000-399,999 FT2 $2,532 $3,211 400,000 & Over $2,477 $3,142 Daniel McIntyre, Esq St Lucie County December 20, 2007 Page 2 IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY 2005 LAND USE TYPE (UNIT) Existing Fee 2005 Recalcula- tion GASOLINE SERVICES: Service Station Per Position $7,076 $8,972 INDUSTRIAL PER 1,000 FT2: Warehouse $414 $520 Truck Terminal $835 $1,049 General Industrial $461 $578 INSTITUTIONAL: School - Elem. Per 1,000 FT2 $1,136 $1,440 School - Middle/High Per 1,000 FT2 $1,125 $1,427 Day Care Per 1,000 FT2 $3,740 $4,743 Fraternal Or . Per 1,000 F72 $860 $1,090 Hospital Per 1,000 FT2 $1,583 $2,008 Nursing Home Per 1,000 FT2 $352 $445 Library Per 1,000 FT2 $2,548 $3,231 RECREATIONAL: Park Public Per Acre $214 $273 Recreation Facility all Per 1,000 FT2 $292 $371 Golf Course Per Acre $475 $603 It is my opinion that the rates shown in my 2005 study are supported by the data and satisfy the dual ration nexus test. Please let me know if I can provide any further input. Sincerely, A/ James C. Nicholas JCB/j. F BOARD OF COUNTY COMMISSIONERS ST. LUCRE COUNTY F R It D' A October 2, 2007 Honorable Mayor Patricia Christensen City of Port St. Lucie 121 S.W. Port St. Lucie Boulevard Port St. Lucie, Florida 34984 RE: Impact Fee Settlement Agreement Dear Mayor Christensen: CHRIS CRAFT COMM155IONER County staff discussed the City's proposed impact fee settlement agreement with the Board of County Commissioners at the Board's September 24 informal meeting. The County very much appreciates the City's efforts to propose a resolution to the impact fee issue and offers a comprehensive plan to settle this issue with the City. As a result of the discussions at the informal meeting, we, however, propose the following changes/comments for the City's consideration: 1. The County will not refund any of the impact fees collected to date. The County is concerned that a refund will result in a windfall to builders and developers since the builder/developer often pay the fees using the homeowners or other end user's money. Moreover, these fees are needed to complete County roads, parks and public buildings projects. In this regard, and in an effort to allay any concerns about the expenditures of fees subject to the refund proposal, the County will agree to only spend those fees on the following projects: (a) Roads - Improvements to Midway Road and Walton Road*; (b) Public Buildings - Improvements to the St. Lucie County Correctional Center and Court facilities; and, (d) Parks - Improvements to the South County Regional Football - Soccer Stadium. 2. The County is not comfortable with the concept of restricting the expenditure of road impact fees only in the zone those fees are collected. The County proposes that road impact fees collected within the City could only be spent in Zones 3 and 4. 3. The County is very interested in discussing with the City the concept of the County adopting an additional fee component to the County's road impact fee to address impacts to City roads from development in the unincorporated area that is located in a to be defined "transitional area" adjacent to the City. " The County desires to enter into further discussions with the City about improving Walton Road to urban design standards and improving the existing stormwater discharge system i 105EPH E. SMITH, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWI5, District No. G • CHARLE5 GRANDE, District No. 4 • CHR15 CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 • (772) 462-1408 FAX (772) 462-2131 • TDD (772) 462-1428 Mayor Patricia Christensen October 2, 2007 Page 2 4. The County also requests that the City consider extending the term of the interlocal agreements from five (5) years to ten (10) years. Please let me know the City's thoughts on these issues as soon as possible and I look forward to our continued communication to resolve this matter. Zerk,a s Craft Chairman CC/D5M/caf Copy to: Board of County Commissioners County Administrator County Attorney Public Works Director Z o®itT a .1 City Council Patricia P. Christensen Mayor Jack Kelly Vice Mayor District 4 Linda Bartz District l Michelle Lee Berger District 2 Christopher S. Cooper District 3 CITY OF PORT ST. LUCIE • • • • • • • • 0 • • • • 0 0 • • 0 • • U' ii'. w "A CITY FOR ALL AGES" October 30, 2007 Chris Craft, Chairmanm St. Lucie County Board of County Commissioners 2300 Virginia Avenue mYI w� Fort Pierce, FL 34982-56520 RE: Impact Fee Settlement Agreement Dear Chairman Craft: This is in response to your correspondence of October 2, 2007 and October 15, 2007, concerning the St. Lucie County Impact Fee Validation. Having given consideration to the changes / comments that you are suggesting to the proposed impact fee settlement agreement submitted by the City, the City's response thereto is as follows: 1. The concept of a refund of excess impact fees collected to date is of paramount importance in bringing this to resolution. Prior to October, 2005, the City collected the County's impact fees and retained various percentages of the three. impact fees involved in this litigation to address the impacts of growth on the City's infrastructure. Beginning in October, 2005, the City halted the collection of the County's impact fees and imposed its own impact fees to address those impacts. As you are aware, the County continued to collect the County's full impact fees with no reduction in the amounts collected, failing to allow for the City's impact fees structured to deal with the impacts of growth on the -City infrastructure. The proposed settlement anticipates the City's collection of the County -imposed impact fees with a reduction of an amount equivalent to the amount previously retained by the City, and that the County will refund the excess fees that it has collected since October 1, 2005. If the City were to accept the settlement as proposed by the County without a refund, there would be a group of developers that have paid both the City's impact fee and the full unreduced County impact fee. Without the refund of the excess fees, those developers will have been penalized by the unfortunate circumstance of having proceeded with development, while the City and County were trying to resolve this issue. The Council views this as fundamentally unfair to those developers, an unfairness that is resolved only by a refund. Chris Craft, Chairman St. Lucie County Board of County Commissioners November 1, 2007 Page 2 of 3 The City also has reason to believe that some of those developers intend on challenging the County's fees if there is no refund and, anticipating that challenge, the City cannot participate in an "agreement" as to where or how those excess funds are expended by the County other than as a refund. The City further objects to any linkage between improvements to Walton road and the resolution of the impact fee issues. The improvements to Walton Road from U.S. 1 to Lennard Road are, without question, the County's project and how it is funded is the County's responsibility. In fact, I would refer you to Mr. Oravec's memorandum of November 1, 2007, attached hereto, wherein he states that the County's administration acknowledged the County's Walton Road responsibilities and denied any connection to. the impact fee dispute. Your letter of October 15, 2007 certainly conflicts with Mr. Oravec's recollection of the meeting and the County's apparent willingness to hold improvements to Walton Road hostage pending resolution of other unrelated impact fee issues is unacceptable to the city. 2. The City can agree to the concept of restricting expenditure of road impact fees within Zones 3 and 4 provided that the expenditure of those funds is on projects from a project list that had been mutually agreed upon by the County and the City. 3. The Council would need considerably more information than was set forth in Paragraph 3 of your October 2, 2007, correspondence in order to comment further on, the County's concept of "an additional fee component to the County's road impact fee to address impacts to City's road and development in the unincorporated area that is located in a to be defined `transitional area` adjacent to the City". The City will look forward to your detailed written clarification of that concept so that additional thought may be put into its consideration. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, V. THE STATE OF FLORIDA, and the taxpayers, property owners and citizens of St. Lucie County, Florida, including non-residents owning property or subject to taxation therein, and all others having or claiming any right, title or interest in property to be affected by the issuance of the Series 2005 Bonds, herein described or to be affected thereby, Defendants, Case No.: 562005CA001374AXXXHC SETTLEMENT AGREEMENT Intervenor/Defendant City of Port St. Lucie ("City") and St. Lucie County ("County") hereby enter into the following Settlement Agreement and agree as follows: WHEREAS, the County initiated the above -style proceeding by filing a Complaint seeking validation of certain bonds pursuant to Chapter 75, Florida Statutes; WHEREAS, on or about April 10, 2006, the County filed an Amended Complaint for Validation stating that it expressly excludes from the County's previous request for validation of its bonds any issues as to the reasonableness or appropriateness of the specific methodology used to calculate impact fees pursuant to its public building, road, and park impact fee ordinances (collectively referred to herein as "the County Impact Fee Ordinances"); any issues as to the reasonableness or appropriateness of the specific data utilized within the methodology used to calculate the impact fees; and whether the County Impact Fee Ordinances satisfy the dual rational nexus test; WHEREAS, the City has no objection to validation of the County's bonds, provided that the conflict between County Impact Fee Ordinances and City ordinances is resolved by agreement between the County and the City as provided herein, rather than through this bond validation proceeding; and NOW THEREFORE, in consideration of the premises set forth above, the parties to this Agreement agree as follows: 1. The County and the City shall enter into the Interlocal Agreements attached as Exhibit "A" Road Impact Fees, Exhibit `B" Park Impact Fees, and Exhibit "C" Public Building Impact Fees, relating to the imposition and collection of the County Impact Fee Ordinances within the City. The County shall amend the County Road, Park, and Public Building Impact Fee Ordinances as necessary to conform to the requirements of the attached Interlocal Agreements. 2. Except as contained in the respective Interlocal Agreements, the County shall hold City harmless should any suit or action be brought to contest the County Impact Fee Ordinances or the City collection of County impact fees. County agrees to provide any legal defense necessary at no cost to City. Should any court order any refund of the County impact fees or of the amount of the County impact fees retained by City, such refund shall be paid solely by County, except as specifically set forth in the Interlocal Agreements. 3. The City shall amend its Public Building, Park, and Road Impact Fee Ordinances to eliminate the ordinance conflict language contained therein. 4. The City shall withdraw as an Intervenor in the validation of the bonds presently pending in the case of St. Lucie County, Florida v. The State of Florida, Case No. 5 62005 CA0013 74AXXXHC. 5. Each party shall bear its own attorney fees and costs. 6. This Settlement Agreement shall take effect upon execution of the last party to execute it and approval by the Court in the above -style proceeding. CITY OF PORT ST. LUCIE 0 Title Date Approved as to form and legality: City Attorney Date ST. LUCIE COUNTY Title Date Approved as to form and legality: County Attorney Date EXHIBIT "A" 8-8-07 INTERLOCAL AGREEMENT (ROADS IMPACT FEES) THIS AGREEMENT entered into this _ day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and the CITY OF PORT ST. LUCIE, a Florida municipal corporation, hereinafter referred to as "City". WHEREAS, County originally adopted an ordinance imposing a road impact fee in 1986 which has been amended on several occasions since that date including 2005; and WHEREAS, the City and the County wish to enter into an interlocal agreement to establish a cooperative arrangement to resolve conflicts between County and City impact fee ordinances, obtain City's agreement to collect the County's road impact fees within the municipal boundaries of the City, and provide guidelines for the proper use of County impact fee funds collected by City. NOW, THEREFORE, IT IS AGREED as follows: 1. This Interlocal Agreement is entered into pursuant to the powers of the County and the City under Article VIII of the Florida Constitution, Chapter 125 Florida Statutes, and Chapter 166 Florida Statutes. 2. The County and the City agree that the County's roads impact fee ordinance shall be amended as follows: a. County road impact fee amounts effective within the City's jurisdiction shall be 40% of the impact fee amounts specified within the Road Impact Mainland Fee Schedule in Sec. 1-17-29 of County Ordinance 05-030, or as subsequently amended as provided by this Agreement. b. The County may annually adjust the road impact fee amounts provided in subparagraph a. above based on the Consumer Price Index - All Urban Consumers (Base Year 1995=100), or such other index approved by the County that reflect the annual change in costs of providing road capital improvements. C. Other than the annual adjustment as provided in subparagraph b. above, any modification to the impact fee amounts in subparagraph a. above must not exceed forty percent (40%) of the lowest County road impact fee amount imposed in any other area of the County. Such a modification must be supported by an impact fee study approved by the Board of County Commissioners that demonstrates a reasonable connection between the need for the road improvements to be funded by County road impact fees and the impacts on the roads generated by development within the City. d. County impact fee funds collected within the City shall be used only for road capital improvement projects in which there is a reasonable connection between the expenditure of funds collected from development within the City on that project and the benefits from that project accrued to development that pays the fee. The initial list of projects which are agreed to by the City and County is attached hereto as Exhibit "A," or as updated. The schedule shall be updated annually by the County after consultation with the City. County impact fees collected within the City shall be used only for road capital improvements projects within the road impact fee district from which the fee was paid. The road impact fee boundaries in County Ordinance 05-030 shall not be modified unless the modification is agreed to by the City. 3. The City agrees to: a. Collect prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the City's jurisdiction, the applicable County roads impact fee amount as provided in Paragraph 2. above that is in effect at the time the building permit, mobile home permit, or electrical permit for a recreational vehicle park is issued. The County road impact fee collected by the City pursuant to this Agreement shall be deemed paid in full even though the fee amount is reduced as provided in Paragraph 2. above. b. Maintain all records of the roads 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. The City shall, on a monthly basis, provide copies of such records to the County, with the copies being provided by the 15th day of the following month. C. Remit monthly by the 15th day of the following month to County all funds collected as roads impact fees, after the deduction of up to three percent (3%) of the funds collected which shall be kept by City as an administrative charge for the collection of the funds. The parties agree that three percent (3%) represents a reasonable estimate of the actual costs of collection. In the event that a court of competent jurisdiction determines that the actual cost of the City's collection is less than the administrative charge imposed by the City, then the City shall be responsible for any refund ordered by the court. d. Notify 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 Road Impact Mainland Fee Schedule in Sec. 1-17-29, as amended by County Ordinance 05-030, or as subsequently amended as provided by this Agreement, and to collect the appropriate impact fee as determined for that use by the County Administrator or his designee. e. Notify the County Administrator when a developer in the City, in lieu of paying all or part of the roads impact fee, offers to donate or construct part of a road improvement project included in the schedule of regional road network capital improvements contained on Exhibit "A", or as subsequently amended. 4. County agrees to: a. Provide to City administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for City to collect the fee. b. Maintain all records of the roads 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 or the County as furnished by the collecting agency. C. Hold City harmless should any suit or legal action be brought to contest the validity of the County impact fee ordinance or to contest the amount of any impact fee imposed pursuant to the County impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to City. Except as contained in Section 3c, should any Court order any refund of any County impact fee or should any refund be agreed to by County, the refund shall be paid solely by the County. d. Provide the City, on October 1 of each year, annual financial reports and information showing the amount of impact fees collected by the City, and how the impact fees collected by the City for the County have been expended or committed for road capital improvements on the schedule of regional road network capital improvements contained on Exhibit "A", or as subsequently amended. e. Refund any amounts in excess of those amounts specified in Paragraph 2. above, paid to the County for development within the City from October 1, 2005 to the effective date of this Agreement. Refunds shall be payable to the person or entity that paid the excess fee. The County acknowledges that payment of the amounts specified in Paragraph 2. above shall be deemed paid in full even if a refund has been paid and that any lien imposed by the County for payment of the County Road impact fee shall be released by the County upon payment of the impact fee specified in Paragraph 2. above. f. Amend its Code of Ordinances as necessary to be consistent with this Interlocal. Agreement. 5. The County shall have the final authority as to whether to accept an offer by a developer to donate or construct part of a roads improvement project in lieu of payment of all or part of the County roads impact fee or to otherwise grant a credit against the payment of County impact fees, provided that the road improvement project is included in the schedule of road network capital improvements contained on Exhibit "A", or as subsequently amended. The City is under no obligation to recognize or accept any County impact fee credit against the payment of any impact fee imposed by the City pursuant to its own impact fee ordinances. 6. 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 County Roads Impact Fee Ordinance provided that the expenditure is for a road improvement project that is included in the schedule of regional road network capital improvements contained on Exhibit "A", or as subsequently amended. 7. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 8. 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. 9. This Agreement shall be effective for a period of five (5) years beginning 2007. The Agreement may be extended upon mutual agreement of both parties. Termination of this Agreement may only occur if: 1.) both 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 a reasonable time period not to exceed forty-five (45) days. The termination of this Agreement shall not require the County to refund any monies collected by the City and remitted to the County pursuant to this Agreement and the City shall have no duty or obligation to collect, or assist in the collection, of County road impact fees within the City. 10. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: County Attorney CITY OF PORT ST. LUCIE, FLORIDA ATTEST: Karen A. Philips, Deputy Clerk Patricia P. Christensen, Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: By: Roger G. Orr, City Attorney s Capacity Enhancements Zone Current Estimated Cost percent Existing Deficiency Percent Growth Cost South Jenkins Road Construction 3 $500,000 $0 100% Selvitz @ Glades Intersection 3 $850,000 $0 100% Walton Rd Phase I (V Green To Lennard) 3 $4,748,926 25% 75% Midway Rd & Selvitz Intersection 3 $850,000 50% 50% Lennard Rd Ph 2 (Walton Rd -Us 1) 4 $2,000,000 25% 75% Lennard Rd Right Of Way 4 $17,508,737 25% 75% Lennard Rd MSBU Public Share 4 $3,082,151 25% 75% Lennard Road Widening ROW 4 $911,292 25% 75% Midway Rd ( U.S 1-25th) 4 $10,351,502 50% 50% Midway Rd (South 25th St. -Turnpike) 4 $16,908,403 50% 50% Midway @ Weatherbee Intersection 4 $100,000 50% 50% Midway Road @ Turnpike Bridge 4 $11,500,000 50% 50% West Midway Row - (25th St. to Turnpike) 4 $1,000,000 500 50% West Midway Design Plans - (25th St. to Turnpike) 4 $1,000,000 50% 500/0 EXHIBIT "B" 8-8-07 INTERLOCAL AGREEMENT (PARK IMPACT FEES) THIS AGREEMENT entered into this _ day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and the CITY OF PORT ST. LUCIE, a Florida municipal corporation, hereinafter referred to as "City". WHEREAS, County originally adopted an ordinance imposing a park impact fee in 1995 which has been amended on several occasions since that date including 2005; and WHEREAS, the City and the County wish to enter into an interlocal agreement to establish a cooperative arrangement to resolve conflicts between County and City impact fee ordinances, to obtain City's agreement to collect the County's park impact fees within the municipal boundaries of the City, and provide guidelines for the proper use of County impact fee funds collected by City. NOW, THEREFORE, IT IS AGREED as follows: 1. This Interlocal Agreement is entered into pursuant to the powers of the County and the City under Article VIII of the Florida Constitution, Chapter 125 Florida Statutes, and Chapter 166 Florida Statutes. 2. The County and the City agree that the County's park impact fee ordinance shall be amended as follows: a. County park impact fee amounts effective within the City's jurisdiction shall be 30% of the impact fee amounts specified within the Park Impact Fee Schedule in Sec. 1-15-36, as amended by County Ordinance 05-030, or as subsequently amended as provided by this Agreement. b. The County may annually adjust the park impact fee amounts provided in subparagraph a. above based on the Consumer Price Index - All Urban Consumers (Base Year 1995 = 100), or such other index approved by the County that reflects the annual change in costs of providing park capital improvements.. C. Other than the annual adjustment as provided in subparagraph b. above, any modification to the impact fee amounts in subparagraph a. above must not exceed thirty percent (30%) of the lowest County park impact fee amount imposed in any other area of the County. Such a modification must be supported by an impact fee study approved by the Board of County Commissioners that demonstrates a reasonable connection between the need for the park improvements to be funded by County park impact fees collected within the City and the impacts on the parks generated by development within the City. d. County impact fee funds collected within the City shall be used only for park capital improvement projects, in which there is a reasonable connection between the expenditure of funds collected from development within the City on that project and the benefits from that project accrued to development that pays the fee. The initial list of projects which are agreed to by the City and County is attached hereto as Exhibit "A," or as updated. The list shall be updated annually by the County, after consultation with the City. County impact fees collected within the City shall be used only for park capital improvements projects within the park impact fee district from Page 2 of 2 o aU e a w A c cm— o o a co E o s L �, o _c �a -C cu _ O o OE R3 a O\ a� a � a w. i co o rn ca ° E ° O U cu a O E N N p O C Q C U O N t L C CL o U m a)L V s f— "� O N > r O N N C O .� C O N *. _ ^ L +L' O U 7 to +'� C+ ca O U c IL p +' U O Q CL .n -0 Y m o. > a °' U ° o c c o >cu , c`4 n. E _ E c' .a ° c c a _0 _N d E Y X O Q U N C O R3 c O O O : c U to L C L Cl a 4- >` O R `.�. cco > c - CL � cc O�a) C c ° O O O E L U aa ct t1 U pCL N € c N ` O �. a) v .� a N Y E U o, s c o a� R Rs o ° ca a c — Q — o to o � o E 2 o -c c 2 o c co U N � ,. cUS o c v ° E o. h to � Y N v ° E ° rn E Rs s a c c a> >, U E u j N �' cc N C R7 Ri L cu N Y Z Q. Rs n- a� a m ;a_ o o Rs 3 t to ° U E rn Rs `' � Cl .O Rs 4_- N U O `� U Q � Cl � � LO � o }' U s to > E ui m E aUi a� •- > :c o -0 � a) co o ° -ts N +- ,-. p. O Q R3 O a °) o to E >, U c O ch ° Q. O O c 'O N ; L a O a C O c •"= CL O Rf co U N V c U + U RJ C ` O ° > 'Q 4`- a s L N U 'C3 ` E O C N to a - N 1- CL m O co Cl 4- C vw� d. Notify 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 Park Impact Fee Schedule in Sec. 1-15-36, as amended by County Ordinance 05-030, or as subsequently amended as provided by this Agreement, and to collect the appropriate impact fee as determined for that use by the County Administrator or his designee. e. Notify the County Administrator when a developer in the City, in lieu of paying all or part of the park impact fee, offers to donate or construct part of a park improvement project included in the schedule of park capital improvements contained on Exhibit "A", or as subsequently amended. 4. County agrees to: a. Provide to City administrative procedures and assistance in setting up bookkeeping and other accounting procedures necessary for City to collect the fee. b. Maintain all records of the park 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 or the County as furnished by the collecting agency. C. Hold City harmless, except as provided in Section 3c, should any suit or legal action be brought to contest the validity of the County impact fee ordinance or to contest the amount of any impact fee imposed pursuant to the County impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to City. Except as contained in Section 3c, should any Court order any refund of any Page 4 of 4 ca 0 m a •L) O a) cB a) A O 0 r U U O co E N ca c� ►.. c 0 C 4`- 0 O Q N 00 �, O c 4= (a >. > -Op ` E, c 00 a c — co c a) s a cu 0 U a) O U L N O Ocu a) C O V c cn aci `rE n '� aa)) E - 0. a) co 'a c E a) ca �, a) a) E a co x a c 3 acu O CL 4- cc v O c U) c 0 E c a) O c U) co 'a }; ca 0 �+ a) o c 1 C C E O a)' O O3 � a) -0 U a4 OcujCD a) L U — a) c c n c U Q -c- co ccu D m -v 0 s cc a) N H 0 -a .r 3 E w -0 c z ai 'o c 75 a) 0 0 > c 4_ a) .a a) O r 0 c ,� O ``) m N o N a) U �' >O c V °' _0 W a ai N O. c 1 E m (a fa E a) O � O N C d 'a X s c > � L_ O >` C m O U)m cA a) ca ``G m .Q CL �►- a) a. @-. m E c N acc cu E �' c a) r 0 L a) CD m 0 -a o 3 E a c`° o a)) -0 m m a U c- N t U E a. N a) U) a rnn N 4- LO any County impact fee credit against the payment of any impact fee imposed by the City . pursuant to its own impact fee ordinances. 6. 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 County Park Impact Fee Ordinance provided that the expenditure is for a park improvement project that is included in the schedule of park capital improvements contained on Exhibit "A", or as subsequently amended. 7. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 8. 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. 9. This Agreement shall be effective for a period of five (5) years beginning , 2007. The Agreement may be extended upon mutual agreement of both parties. Termination of this Agreement may only occur if: 1.) both parties agree to the termination, or, 2.) imposition of the parks 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 a reasonable time period not to exceed forty-five (45) days. The termination of this Agreement shall not require the County to refund any monies collected by the City and remitted to the County pursuant to this Agreement and the City shall have no duty or obligation to collect, or assist in the collection, of County park impact fees within the City Page 6 of 6 10. 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: Deputy Clerk L- ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: Karen A. Philips, Deputy Clerk County Attorney CITY OF PORT ST. LUCIE, FLORIDA Patricia P. Christensen, Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: By: Roger G. Orr, City Attorney Page 7 of 7 n� _ n v m Ran a Line Rd v O -o �; Oz fed y a a� @S n 9 J�7 2a C', v \ r� a CO * on no Pkwy r, W �n C lifomi ° m � o p r. f Savona Bivd Cashmere m E. Torino r _ kwy Port St Lucie Blvd Blvd a � . a a'° <— a °D Dpr\9 Airoso Blvd °' �D a�eC�S S 25th Sts+-.. CD s CD CO _ s Citrus Av �} n Q.F \ _My . ,x r Ole AT jl i A C 7 N os r a Q 0 � 9DV9)cnAW N� r - � m m oL 0 o m.:2 - m v T m OL o Fr 3 n a m0�= Ll �gm ., v N W n o c a 3 Cn 91 m ' _ C7 3 f/1• j �i F 7 ry•..� N ci `C N -U 3. ?c n v N 3 y = �„ n O ° C) o h 0 CD Q .. ''ice- `y0 CD T ;� 0 � EXHIBIT"C" 8-8-07 INTERLOCAL AGREEMENT (PUBLIC BUILDINGS IMPACT FEES) THIS AGREEMENT entered into this _ day of , 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", and the CITY OF PORT ST. LUCIE, a Florida municipal corporation, hereinafter referred to as "City". WHEREAS, County originally adopted an ordinance imposing a public buildings impact fee in 1995 which has been amended on several occasions since that date including 2005; and WHEREAS, the City and the County wish to enter into an interlocal agreement to establish a cooperative arrangement to resolve conflicts between County and City impact fee ordinances, obtain City's agreement to collect the County's public buildings impact fees within the municipal boundaries of the City, and provide guidelines for the proper use of County impact fee funds collected by City. NOW, THEREFORE, IT IS AGREED as follows: 1. This Interlocal Agreement is entered into pursuant to the powers of the County and the City under Article VI II of the Florida Constitution, Chapter 125 Florida Statutes, and Chapter 166 Florida Statutes. 2. The County and the City agree that the County's public buildings impact fee ordinance shall be amended as follows: a. County public buildings impact fee amounts effective within the City's jurisdiction shall be 84% of the impact fee amounts specified within the Public buildings Impact Fee Schedule in Sec. 1-16.3-16 , as amended by County Ordinance 05-030, or as subsequently amended as provided by this Agreement. b. The County may annually adjust the public buildings impact fee amounts provided in subparagraph a. above based on the Consumer Price Index - All Urban Consumers (Base Year 1995 = 100), or such other index approved by the County that reflects the annual change in costs of providing public building capital improvements. C. Other than the annual adjustment as provided in subparagraph b. above, any modification to the impact fee amounts in subparagraph a. above must not exceed eighty-four percent (84%) of the County's public buildings impact fee amount imposed in any other area of the County. Such a modification must be supported by an impact fee study approved by the Board of County Commissioners that demonstrates a reasonable connection between the need for the public building improvements to be funded by County public building impact fees collected within the City and the impacts on the public buildings generated by development within the City. d. County impact fee funds collected within the City shall be used only for public buildings capital improvement projects in which there is a reasonable connection between the expenditure of funds collected from development within the City on the project and the benefits from that project accrued to development that pays the fee. The initial list of projects which are agreed to by the City and County is attached as Exhibit "A," or as updated. The schedule shall be updated annually by the County after consultation with the City. Any public building impact fee boundaries in County Ordinance 05-030 shall not be modified unless the modification is agreed to by the City. 3. The City agrees to: a. Collect prior to issuing any building permit, mobile home permit, or electrical permit for a recreational vehicle park within the City's jurisdiction, the applicable County public buildings impact fee amount as provided in Paragraph 2. above that is in effect at the time the building permit, mobile home permit, or electrical permit for a recreational vehicle park is issued. The County public building impact fee collected by the City pursuant to this Agreement shall be deemed paid in full even though the fee amount is reduced as provided in Paragraph 2. above. b. To maintain all records of the public buildings 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. The City shall, on a monthly basis, provide copies of such records to the County, with the copies being provided by the 15th day of the following month. C. Remit monthly by the 15th day of the following month to County all funds collected as public buildings impact fees, after the deduction of up to three percent (3%) of the funds collected which shall be kept by City as an administrative charge for the collection of the funds. The parties agree that three percent (3%) represents a reasonable estimate of the actual cost of collection. In the event that a court of competent jurisdiction determines that the actual cost of the City's collection is less than the administrative charge imposed by the City, then the City shall be responsible for any refund ordered by the court. d. Notify 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 Public Buildings Impact Fee Schedule in Sec. 1-16.3-16, as amended by County Ordinance 05-030, or as subsequently amended as provided by the Agreement, and to collect the appropriate impact fee as determined for that use by the County Administrator or his designee. e. Notify the County Administrator when a developer in the City, in lieu of paying all or part of the public buildings impact fee, offers to donate or construct part of a public buildings improvement project included in the schedule of public building capital improvements contained on Exhibit "A", or as subsequently amended. 4. County agrees to: a. Provide to City administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures necessary for City to collect the fee. b. Maintain all records of the public buildings 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 or the County as furnished by the collecting agency. C. Hold City harmless should any suit or legal action be brought to contest the validity of the County impact fee ordinance or to contest the amount of any impact fee imposed pursuant to the County impact fee ordinance. The County agrees to provide any legal defense necessary at no cost to City. Except as contained in Section 3c, should any Court order any refund of any County impact fee or should any refund be agreed to by County, the refund shall be paid solely by the County. d. Provide the City, on October 1 of each year, annual financial reports and information showing the amount of impact fees collected by the City, and how the impact fees collected by the City for the County have been expended or committed for public building capital improvements in the schedule of public buildings capital improvements contained on Exhibit "A", or as subsequently amended. e. Refund any amounts in excess of those amounts specified in Paragraph 2. above, paid to the County for development within the City from October 1, 2005 to the effective date of this Agreement. Refunds shall be payable to the person or entity that paid the excess fee. The County acknowledges that payment of the amounts specified in Paragraph 2. above shall be deemed paid in full even if a refund has been paid and that any lien imposed by the County for payment of the County public building impact fee shall be released by the County upon payment of the impact fee specified in Paragraph 2. above. f. Amend its Code of Ordinances as necessary to be consistent with this Interlocal Agreement. 5. The County shall have the final authority as to whether to accept an offer by a developer to donate or construct part of a public buildings improvement project in lieu of payment of all or part of the County public buildings impact fee or to otherwise grant a credit against the payment of County public buildings impact fees, provided that the public buildings improvement project is included in the schedule of public buildings capital improvements contained on Exhibit "A", or as subsequently amended. The City is under no obligation to recognize or accept any County impact fee credit against the payment of any impact fee imposed by the City pursuant to its own impact fee ordinances. 6. 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 County Public Buildings Impact Fee Ordinance provided that the expenditure is for a public buildings improvement project that is included in the schedule of public buildings capital improvements contained on Exhibit "A", or as subsequently amended. 7. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than. those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 8. 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. 9, This Agreement shall be effective for a period of five (5) years beginning 2007. The Agreement may be extended upon mutual agreement of both parties. Termination of this Agreement may only occur if: 1.) both parties agree to the termination, or, 2.) imposition of the public buildings 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 a reasonable time period not to exceed forty-five (45) days. The termination of this Agreement shall not require the County to refund any monies collected by the City and remitted to the County pursuant to this Agreement and the City shall have no duty or obligation to collect, or assist in the collection, of County public buildings impact fees within the City. 10. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk ATTEST: Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: County Attorney CITY OF PORT ST. LUCIE, FLORIDA Karen A. Philips, Deputy Clerk Patricia P. Christensen, Mayor DATE: APPROVED AS TO FORM AND CORRECTNESS: Roger G. Orr, City Attorney N m `� w C $ r m m $ Q u) ayi o f W rn. 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CV fA CO M 69 f9 cC 8 8 � - m U o b9 p f9 N pp !9 o tli 0 fA (A OM oo fig p f9 U) x m Cl t : O f H U O p O p O 0 pO oO pO C C7 0 oO pO O po8 O `rdfj OO�j LO � a 40 Vi fA Qp M cz N cn V _ O W C C CD F' W QDrn a C7 m w j .� °, c E p .X d, s m _ m C .� O a O u m m : e W e �. > O 0.vl O._� (� i0 4_ . m •� .�a W UO q v� ¢ t m N E g� mmcm� E6_ L� Lco o a° E =Q >2 N = m 4 v m a :2 7� m� U Ea O.T. c 'O lu' C NLL 7 v¢Q W 6 Z Cl Nll �a m H gp h mpEpcm L Q N¢ mmm L 7 m� J0. ti mm N 2'k mti Nm 7 tm 5 m Occ ca?�_�¢ U C N 7_om mm m =r U of ui E O N m h N.2 d Oc �l a C OQ Nj UY m Y C c0 NN `g m c�i O mQ o Q m N N m O N L .� U D C {{ C y t,U-. ¢ lQ C.) v a C �.0 y 4 U o V NU o � c 7 o Y 'a 5 o at �€ c y V oy a r m "� �cc m cUcrj ¢ a� c� EQ EW E QU 3 m m >2 c, LN..� `� " N� o> � ERR �F Q xg o c c 3 0� Q vc� o� m� oo EcQ m Q m 0 b' o Oh Uae3 00� �� n�i aN U z� c7 U�- cnv�=aa ¢_N u)e►- RESOLUTION NO. 07-XXX WHEREAS, St. Lucie County (the "County") filed a Complaint seeking validation of certain bonds pursuant to Chapter 75, Florida Statutes. That Complaint included a request for validation of certain existing impact fees relating to public buildings, roads and parks (collectively referred to herein as the "Impact Fee Ordinances"), as well as the subject bonds; and WHEREAS, the City of Port St. Lucie ("City") moved to intervene in the bond validation proceedings, which was granted; and WHEREAS, the parties have arrived at a Settlement Agreement which resolves all of the objections that City has as to the validation of the bonds which were the subject of the pending proceedings; and WHEREAS, the Settlement Agreement provides that the County establish a procedure for the orderly reimbursement of that portion of the Road and Park Impact Fees which are the subject of the Settlement Agreement; and WHEREAS, the Board of County Commissioners believes it is fair and equitable to the individuals that paid the Road and Park Impact Fees that the amount of the adjustment from the Impact Fees be reimbursed to the appropriate party; and WHEREAS, the Board of County Commissioners believes that it is fair and equitable to establish a uniform procedure for refunding of these amounts; and WHEREAS, the Board of County Commissioners believes that builders/developers are typically not entitled to any refund or reimbursement of the fees themselves, as those costs were passed on to the individual owners who contracted to have their properties constructed; and WHEREAS, it is fair and equitable that the party that ultimately bore the cost of the Impact Fee receive the reimbursement; and WHEREAS, the Board of County Commissioners determines that a presumption exists that any reimbursement to be paid shall be paid to the actual person who contracted for the construction of the property for which payment of the Impact Fees were subsequently required; and -1- WHEREAS, it is recognized that some of the properties for which the Impact Fees were paid that are the subject of this resolution may have been sold to another party, it is nevertheless the position of the County that the Cost of those fees are generally passed on to the subsequent purchasers of the property. Therefore, in determining the appropriate party to receive the reimbursement, absent clear evidence to the contrary, it is presumed that the current property owner of the upon which the Impact Fee was paid is entitled to reimbursement; and WHEREAS, although the County does not believe a refund of County impact fees is required by law, the County is willing to consider, on a voluntary basis, the refund of County Road and Park Impact fees as set forth herein. NOW, THEREFORE, the Board of County Commissioners of 5t. Lucie County resolves as follows: The County desires, on a voluntary basis, to establish a procedure for the reimbursement of a portion of the County Road and Park Impact Fees as set forth herein. By adopting this Resolution, the County is not establishing any right to such refunds except as provided under the procedure pursuant to this Resolution. 2. The County hereby establishes a procedure for the reimbursement of that portion of the County Road and Park Impact Fees that were paid within the City from April 1, 2006 through January 31, 2008 (the "Payment Period") that exceed forty percent (40%) of the County Roads impact fee amounts and thirty percent (30%) of the County park impact fee amount in effect during the payment period. 3. The procedure for the determination and processing such reimbursement is established as contained in Exhibit "A" to this resolution, which is incorporated herein as if set forth in its entirety. 4. To avoid conflicts resulting from multiple parties making claims for the same reimbursement, each application, before it will be approved, shall be required to include an Indemnification and Hold Harmless Agreement signed by the property owner. In the event that the contractor seeks reimbursement of the Impact Fee, he or she shall be required to obtain a release from the current owner of the property -2- 5. Following mailing and publication of the notices to the parties, any individual seeking a refund shall have six months from the date of mailing of that notice to submit an application for a reimbursement. Failure to submit the application within that six month period of time shall be deemed a waiver of the right to a reimbursement of that portion of the Impact Fees. Filing of an application by August 1, 2008, even if incomplete, is a condition precedent to any person seeking to participate in the reimbursement process. 6. No payment shall be made until after the expiration of the six month claims period. 7. No refunds shall be made to owners, builders or developers of property within the following approved Developments of Regional Impact: Tradition (Resolution 06-R77), Southern Grove (Resolution 06-R90) and Western Grove (Resolution 06-R77) which are the subject of that certain Settlement Agreement dated October 16, 2007 between the County and Core Communities, LLC., since impact fee credits have been provided pursuant to a court approved settlement agreement. After motion and second the vote on this resolution was as follows; Chairman Joseph E. Smith Vice -Chair Paula A. Lewis Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande PASSED AND DULY ADOPTED this ATTEST: DEPUTY CLERK -3- XXX XXX XXX XXX XXX day of 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY EXHIBIT "A" PROCEDURE FOR REIMBURSEMENT OF IMPACT FEES 1. Reimbursement shall be administered by: XXX, (772) XXX, who shall be designated as the "County's Refund Coordinator" of the Impact Fees. 2. The Refund Coordinator shall obtain payment information as to each Impact Fee paid within the City during the "Payment Period". The data shall include the following information: A. Address for which the Impact Fee was paid; B. Name and address of the current owner of the property (at the time the Impact Fee was paid) ("Owner"); C. Amount of Impact Fees paid 3. Notice A. The Refund Coordinator shall send a mailed notice to every Owner of a newly constructed unit that paid an Impact Fee within the City area during the Payment Period. Such notice shall contain: an information sheet explaining the reason for the reimbursement and instructions for making a claim for reimbursement; and a copy of an application for reimbursement (including the Indemnificationand Hold Harmless Agreement) shall be included in the mailed notice. B. Additionally, the County's Refund Coordinator shall publish a notice once a week for four consecutive weeks setting forth the availability of a reimbursement and identifying where an application may be obtained for the reimbursement. The notice shall be published in a newspaper of general circulation throughout St. Lucie County. C. Application forms for the reimbursement shall also be available at the Offices of the County. sa 4. Applications for reimbursement of the Impact Fees shall be accepted for a period of six months from the initial mailing of the notice. Anticipated deadline for submitting applications will be August 1, 2008. Filing of an Application by August 1, 2008, even if incomplete, is a condition precedent to any person seeking to participate in the reimbursement process. Once an application has been received, it will be verified with County records to make certain that: A. the Impact Fee was paid during the Payment Period; B. the necessary Indemnification Agreements have been obtained on the application form; and C. all information requested has been provided. 5. No payments shall be made prior to the expiration of the claim period to make certain that no other claims for reimbursement are received. 6. At the end of the claim period, the Refund Coordinator shall compile a list consisting of the following: A. Those applicants and their addresses within their area which contained all of the required information and releases. B. Those applicants and their addresses within their area which failed to provide all of the required information and releases. 7. At the end of the claim period, the County shall issue checks for the amount of the reimbursement to the parties that made application and which provided all of the required information and releases. 8. In the event of competing claims between an owner of a property and a contractor or other claimant, the applicant shall be notified of the existence of the competing claims or deficiency and that an order of a court will be required prior to disbursement. The County shall hold these proceeds or deposit them into the Registry of the Court until that matter is resolved. 9. In the event a person disagrees with the decision of the Refund Coordinator made pursuant to these procedures, the person may file a written appeal to the County Administrator, or his designee, within thirty (30) days from the date -5- of the Coordinator's decision. The appeal document must identify the decision made by the Refund Coordinator that is being appealed and the reason for the appeal. The County Administrator or designee shall, within thirty (30) days from receipt of an appeal, review the Refund Coordinator's decision and determine, based on the procedures adopted by the Board, whether to approve or reverse the Coordinator's decision. In any event, an appeal must be f iled no later than August 1, 2008. INSTRUCTIONS FOR APPLICATION FOR REIMBURSEMENT OF PORTION OF THE ST. LUCIE COUNTY ROAD AND PARK IMPACT FEE It has been determined that a reimbursement of a portion of the St. Lucie County Road and Park Impact Fees paid may be due. If you paid the St. Lucie County Road and Park Impact Fee between the dates of April 1 2006 and January 31.2008, or if someone paid the Impact Fee on your behalf, for the construction of a unit, you may be entitled to a partial reimbursement in the following amount: (CHART) INSTRUCTIONS: 1. To be considered for a reimbursement, please submit a completed application and mail to the following office: XX XX (772) X 2. Each owner of the Property which paid the Impact Fee must sign the application for reimbursement, as well as an Indemni f ication and Hold Harmless Agreement. 3. FAILURE TO SUBMIT THE APPLICATION AND AGREEMENT BY AUGUST 1, 2008, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO REIMBURSEMENT. 4. To avoid conflicting claims, each application must contain an Indemnification and Hold Harmless Agreement in the form attached, signed by the property owner. No reimbursement will be processed until that agreement is obtained. If the Contractor (or Builder) is the party seeking the reimbursement, then the signature of the current owner(s) of the property releasing any claim to the reimbursement, must be provided prior to the payment of any reimbursement. -7- 5. No reimbursements shall be paid until after the expiration of the August 1, 2008, claim period. 6. In the event that multiple parties make a claim for a reimbursement from the said Unit, or if an application is received that does not contain the required release from the designated party, then the parties disputing entitlement to the reimbursement will be required to obtain an Order of the Court. The County shall hold these proceeds until that matter is resolved. Failure to resolve the matter by January 1, 2009, shall result in a waiver of the right to reimbursement. M APPLICATION FOR REIMBURSEMENT OR DONATION OF A PORTION OF THE ST. LUCIE COUNTY ROAD AND PARK IMPACT FEE Name of Applicant: Address: Address of Property for which the Impact Fee was paid: Relationship of the Applicant to the Property that paid Impact Fee: ❑ Owner ❑ Builder (Contractor) ❑ Other Type of dwelling Unit for which the Impact Fee was paid: ❑ Single Family Unit; ❑ Commercial; Amount of Impact Fee Paid: ❑ Multi -Family Unit; ❑ Mobile Home Unit; ❑ Industrial 1. To be considered for a reimbursement, please submit a completed application and mail to the appropriate office: XXX XXX (772) XXX I hereby make application for the reimbursement of the portion of the Impact Fee paid on the above described property. I hereby certify and acknowledge that I am the current owner of that property. I am signing and attaching the Indemnification and Hold Harmless Agreement. Applicant/Owner Applicant/Co-Owner W Sworn to and subscribed before me this day of , 20 Printed Name Notary Public, State of Florida at Large My Commission Expires: Commission No.: Affiant personally known or produced Identification Type of identification Produced: As a result of the possibility of conflicting claims for the reimbursement of the portion of the Road and Park Impact Fee which was paid, the property owner shall be required to sign the attached Indemnification and Hold Harmless Agreement. In the event the Contractor is asserting a claim for the reimbursement of the portion of the Road and Park Impact Fee which was paid, then the Contractor shall be required to obtain the release of the current owner(s) of the property for which the Road and Park Impact Fee was paid. The application must be submitted with the attached agreement or release, or the application will not be processed. I/We, RELEASE OF CLAIM TO IMPACT FEE REFUND as to the ❑ owner(s) / ❑ contractor (check one) for the below -described property do hereby release any right, claim or entitlement that I/we may have to a reimbursement of the portion of the Road and Park Impact Fee adopted by St. Lucie County and paid upon the issuance of the permit for the construction of a Unit at the address set forth below. Date: Signature: Address: -10- Owner/Contractor Co -Owner INDEMNIFICATION AND HOLD HARMLESS AGREEMENT WHEREAS, , (hereinafter, the "Applicant") has/have filed application with St. Lucie County (hereinafter, the "County") for a refund of a portion of the Road and Park Impact Fee paid on the issuance of a building permit for the unit.located at ; and WHEREAS, the County is willing to pay the refund of that portion of the Road and Park Impact Fee to the Applicant, provided that the Applicant indemnifies and holds harmless St. Lucie County from any claim of any other claimant that may subsequently apply for a refund of that portion of the Road and Park Impact Fee on the above described property. NOW, THEREFORE, being fully advised of the foregoing, the Applicant agrees to indemnify and hold harmless St. Lucie County from any and all costs, attorney fees, damages or expenses that either or both may incur as a result of any claim of entitlement made by any other party to that portion of the Road and Park Impact Fee which is being refunded to the Applicant for the above described property pursuant to the application filed by the Applicant. DATE DATE STATE OF FLORIDA COUNTY OF ST. LUCIE APPLICANT PRINTED NAME CO -APPLICANT PRINTED NAME IHEREBYCERTIFYthat,onthis day of 2008, before me, anofficer dulyauthorized in the State and County aforesaid to take acknowledgments, personally appeared of to me well known and known to me to be the person described in and who executed the foregoing instrument and acknowledged before me that he/she executed said instrument in the capacity and for the purposes therein expressed, and who is personally known to me or who has produced as identification and did/did not take an oath. Print Name: Notary Public in and for the County and State Aforementioned My Commission Expires: G:\ATTY\AGREEMNT\impact fee indemnification.wpd Sworn to and subscribed before me this day of , 20 Printed Name Notary Public, State of Florida at Large My Commission Expires: Commission No.: Affiant personally known or produced Identification Type of identification Produced: -11- FORM: SINGLE CLAIM Date: Address: RE: Refund of Road and Park Impact Fee for [unit address] Dear Please be advised that your application for a refund of a portion of the 5t. Lucie County Road and Park Impact Fee paid on the unit located at the above address has been received. However, the instructions on the application required that you sign an Indemnification and Hold Harmless Agreement. Your application failed to obtain that Agreement. As such, the application is incomplete. To allow the processing of the refund, the County is willing to pay you the refund provided that if another individual files a claim seeking the same refund as you, that you would agree to defend and hold the County harmless from any expense related to that challenge. We have attached the Indemnification and Hold Harmless Agreement which we will require to be executed prior to paying you the refund. Alternatively, if this is not acceptable, then you would need to file an action with the court for a determination as to the entitlement to the refund. If you are interested in obtaining the refund and executing this agreement, then you will need to bring the agreement for execution to: Impact Fee Coordinator XX XX At that time, you can execute the Indemnification and Hold Harmless Agreement before a notary public and provide it to the County. Please be advised that this is a legal document which commits you to certain obligations in the event there is a challenge over the entitlement to impact fees. If you have any questions concerning the legal impact and effect of this document or your legal rights, then you should contact an attorney. Yours truly, G;\ATTY\AGREEMNT\impact fee indemnification.wpd FORM: CONFLICTING CLAIM Date Address RE; Refund of Road and Park Impact Fee for [unit address] Dear Please be advised that your application for refund of a portion of the Road and Park Impact Fee paid on the unit located at the above address has been received. However, another application seeking the same refund has also been received. A list of the names and addresses of all of the applicants who have applied for the refund on the above unit is attached to this letter. As conflicting claims have been received, the County cannot process the refund for either applicant. As a result of the conflict, you will need to file an action with the court to obtain a determination as to which party is entitled to the refund. The County cannot make that determination. The County will continue to hold the refund amount until it receives an order from the court directing it to pay the amount. Yours truly, G:\ATTY\AGREEMNT\impact fee indemnification.wpd used to construct and improve County roads such as Midway Road, court and jail facilities, and other park and public building improvments. If the Board determines to approve the proposed settlement, staff recommends that the Board direct staff to add language to the Agreements that clarifies (a) who is entitled to the refund (i.e. taxpayer); (b) what notice the County is required to give (i.e. written and published notice); and (c) how long is the refund period (i.e. 6 months) as outlined in the draft procedures attached to this memorandum. There are inherent administrative issues and risks associated with any refund program. The County Administrator does not recommend a refund. He believes this would be more of a problem for the County. Com. Coward stated he did not agree with the refunds and discount of the impact fees due to the fact this would not generate enough revenue for the county to take care of the roads. Com. Smith stated he did not have a problem with going to court. His position is 10 years and no refunds. It was the consenus of the Board to advise the City they would require the 10 year stipulation or no deal and allow the court to make the decision. The County is not interested in refunds or discounts. Com. Lewis stated she would go along with the majority at this time since she does not see any alternative. The County Attorney advised the Board he would attempt to schedule a status hearing with the judge and will proceed. The meeting was adjourned. 3