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HomeMy WebLinkAboutSeminole County Interlocal Library 1996 10 04 , ,>?;I,- '. 1\ ~\ LIBRARY SYSTEM IMPACT FEE INTERLOCAL AGREEMENT SEMINOLE COUNTY/CITYDF WINTER SPRINGS 1 ' THIS INTERLOCAL AGREEMENT is entered into on the ~ day of tJ.Zt;I,.JJ.v " 1996, 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 WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708. (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 115, Land Development Code of Seminole County; and WHEREAS, the Impact. Fees provided for under Chapter 115, Land Development Code of Seminole County, 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 applicable building and zoning ordinances and procedures of both parties; WHEREAS, this Interlocal Agreement is authorized by the' provisions of Chapters 125, 163 and 166, Florida Statutes, as well as other applicable law; 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: 1 p:\cp\projects\impfee\masters\libinter.doc 07112/96 l' SECTION 1. Articles. The above articles are true and correct and form a material part of the Agreement upon which the parties have entered. SECTION 2. Terms and Definitions. Terms and words used in this Agreement shall have the meanings set forth in Section 115.1 (Definitions), Land Development Code cjf Seminole County, unless the content clearly otherwise requires. , SECTION 3. City's Obligations. (a) The CITY hereby agrees to assist and cooperate with the COUNTY in collecting the Countywide Library System Impact Fee imposed within the boundaries of the CITY as follows: (1) The CITY shall require, as a condition to the issuance of a Building Permit - (A) that, if the Building Permit is for the Construction of a Single Family Detached Home, an Impact Fees Statement for County Library Impact Fees prepared by the CITY be issued to the Applicant or Owner; or (B) that, if the Building Permit is for the construction of any Library Impact Construction, other than Single Family Detached Home, the owner or Applicant must present an Impact Fee Statement for County Library Impact Fees prepared by the COUNTY. (2) The CITY shall collect, prior to the issuance of a building permit the Impact Fees imposed by the COUNTY for the proposed construction or alteration. (3) 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 Impac,t Fees collected in the previous month. (4) To reimburse the CITY for the costs incurred in the collection of the Impact Fees under the COUNTY's Ordinance, 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 by the collection of these fees, 2 p:\cp\projects\impfee\masters\libinter.doc 07112/96 f' including any increase in bonding or surety costs from the handling of these additional monies. (a) Such collection method shall remain in effect during each annual renewal term unless the CITY notifies the COUNTY in writing prior to the 1 sl day of August of the selection of an alternative collection option for the next ensuing annual renewal period. SECTION 4. Term. This Agreement shall be for an initial term from the date of this Agreement through September 30, 1997. This Agreement shall be automatically renewed for additional one-year terms commencing October 1 sl 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 st of a year. SECTION 5. Public Records. 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 inspection shall be made upon reasonable notice and at reasonable time and place. SECTION 6. Reviews. The COUNTY shall provide written notice to the CITY of each review being conducted pursuant to Section 115.41 (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. SECTION 7. Reports. 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. 3 p:\cp\projects\impfee\masters\libinter.doc 07/12/96 t' ~. SECTION 8. Notices. (a) 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: Mayor 1126 East State Road 434 Winter Springs, Florida 32708 (b) Either of the parties may change, by written notice as provide herein, the addresses or persons for receipt of notices. All notices shall be effective upon receipt. SECTION 9. Liability. Each party agrees to hold the other 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. SECTION 10. Force Majeure. In the event any party hereunder fails to satisfy a requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other Act of God or force majeure, then said party shall not be in default hereunder. SECTION 11. Binding Effect. This Interlocal Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors in interest, transferees and assigns of the parties; provided, however, this Interlocal Agreement shall not be deemed to pledge the full faith and credit of the COUNTY. SECTION 12. Assignment. This Inter/ocal Agreement shall not be assigned by either party without the prior written approval ofthe other. 4 p:\cp\projects\impfee\masters\libinter.doc 07112/96 ~ SECTION 13. Public Records. The CITY shall allow public access to all documents, papers, letters or other materials which have been made or received by the CITY in conjunction with this Interlocal Agreement. SECTION 14. Records and Audits. The CITY shall maintain in its place of business any and all books, documents, papers and other evidence pertaining to work performed under this Interlocal Agreement. Such records shall be available at the CITY's place of business at all reasonable times during the term of this Inter/ocal Agreement and for so long as such records are maintained thereafter. SECTION 15. Indemnification. Each party hereby agrees to fully indemnify, save and hold the other harmless from and against any and all damages, expenses, losses, claims, injuries and liabilities arising or resulting from or in connection with its actions or activities and the actions and activities of its officers, employees, agents, successors' or assign's relating.in any way to the Interlocal Agreement, and any and all claims and actions brought by third parities resulting from or arising in connection with the Interlocal Agreement. Each party agrees to hold harmless, indemnify and defend the other, its commissioners, officers, employees and agents against any and all claims, losses, damages, or lawsuits for damages, arising in any way whatsoever from, allegedly arising from, or related to the Interlocal Agreement or in any way related to the use of the Interlocal Agreement. To the extent required by law, if specific consideration for the indemnification provided herein is required to be given for this provision, then ONE and NO/100 DOLLARS ($1.00) of the value for the consideration set forth in this InterlocalAgreement shall be deemed to be such specific consideration. The parties acknowledge the adequacy and sufficiency of said specific consideration. SECTION 16. Conflict of Interest. The CITY agrees that it will not engage in any action ,that would create a conflict of interest in the performance of its obligations pursuant to this Interlocal Agreement with the COUNTY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes relating to ethics in government. 5 p:\cp\projects\impfee\masters\libinter.doc 07112/96 '. '.' SECTION 17. Equal Opportunity Employment. The CITY agrees that it will not discriminate against any contractor, employee or applicant for employment or work under this lnterlocal Agreement because or on account of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This, provision shall include, but not be limited to, the' following: retention; award of contracts; employment; upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. SECTION 18. Compliance with Laws and Regulations. In performing under this Interlocal Agreement, the parties shall abide by all laws, statues, ordinances, rules, and regulations pertaining to, or regulating the performance set forth herein, including those not in effect and hereafter adopted. Any violation of said laws, statutes, ordinances, rules, or regulations shall constitute a material breach of this Interlocal Agreement, and shall entitle the non-violating party to terminate this Interlocal Agreement immediately upon delivery of written notice of termination to the violating party. SECTION 19. Employee Status. (a) Persons employed or retained by the CITY in the performance of services and functions pursuant to this Interlocal Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service. or other employee rights or privileges granted to the COUNTY's officers and employees either b operation of law or by the COUNTY. (b) The CITY aSSUmes total responsibility for salaries, employment benefits, contraCtual rights and benefits, contract payments, and Federal, State and local employment taxes, if any, attributable to CITY personnel or contractors, and agrees to indemnify and hold the COUNTY harmless from any responsibility for same. 6 p:\cp\projects\impfee\masters\libinter.doc 07112/96' .. l' SECTION 20. Entire Agreement. This Interlocal Agreement constitutes the entire agreement of the parties \yith respect to the subject matter hereof, and may not be modified or amended except by a written instrument equal in dignity herewith and executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized officers. ATTEST: ~~A~A.~ Margo opkins, Cle City of Winter Springs CI Date: ~l4llqtj~ ~-- -__ BOARD OF COUNTY COMMISSIONERS . ~ ~Y'--:~ ~~ M E MaR E 'Dick VanDerWeide, ChaIr'man erk to the Board of / A County Commissioners of Date: to 4 q r Seminole County, Florida ( I For use and reliance of Seminole County Only. Approved as to form and legal s fficiency. As authorized for execution by the Board of County Commissioners at their '::)~+. It) , 1996, regular meeting. 7 p:\cplprojects\impfee\masters\libinter.doc . 07112/96