County Road Impact Fee AgmtINTERLOCAL AGREEMENT
(Road Impact Fees)
THIS AGREEMENT entered into this 1st day of may, 2007, by and between
OKEECHOBEE COUNTY, a political subdivision of the State of Florida, (County), and the
CITY OF OKEECHOBEE, a Florida municipal corporation, (City).
WHEREAS, the County has adopted a Road Impact Fee Ordinance to address the need
for road capital improvements in Okeechobee County; and
WHEREAS, the City and the County wish to enter into this Interlocal Agreement to
provide for the collection of road impact fees within unincorporated area of the County and
within the municipal boundaries of the City.
NOW, THEREFORE, IT IS AGREED as follows:
The City agrees to:
a. Collect the applicable road impact fee as provided in the Okeechobee County
Road Irnpact Fee Ordinance.
b. Maintain all records of the road impact fees collected including the name, address,
and amount paid. 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 each month reflecting
collections received the previous month.
c. Remit to County all funds collected as road impact fees. The City may impose an
administrative charge of not more than three percent (3 %) of the funds collected which
may be kept by City as reimbursement for the its actual cost of collection of the funds.
The City shall remit the impact fee funds to the County by the 1 Sth day of the month
following collection.
d. Notify the County Administrator or his designee when there is a request for a
development permit for a residential use that is not designated in the road impact fee
schedule.
e. Notify the County Administrator or his designee when there is an offer to donate
or construct part of a road capital improvement project from a developer in the City, in
lieu of paying all or part of the road impact fee.
f. Provide the County on December 1 of each year, annual financial reports and
information pertaining to the collection of road impact fees by the City during the
previous fiscal year.
2. County agrees to:
a. Collect the applicable road impact fee as provided in the Okeechobee County
Road Impact Fee Ordinance.
b. Provide to the City, administrative procedures and administrative assistance in
setting up bookkeeping and other accounting procedures necessary for City to collect the
fee.
c. Expend impact fee funds for the sole purpose of providing road facility capital
improvements that will increase road capacity necessitated by the development that paid
impact fees in a manner that will demonstrably benefit the payers of the impact fees as
provided in the Okeechobee County Road Impact Fee Ordinance.
d. Provide to the City, on January 1 of each year, annual financial reports and
information showing how impact fees were used during the previous fiscal year and how
impact fees are planned to be used during the current fiscal year.
e. Notify the City when it has received an offer by a developer to donate or construct
all or part of a road capital improvement located within the City in lieu of payment of all
or part of the road impact fee as provided in the Road Impact Fee Ordinance, and whether
it has accepted or rejected the offer.
f. Hold the City harmless should any suit or legal action be brought to contest the
validity of the road impact fee ordinance or to contest the amount of any impact fee
imposed or collected pursuant to the road impact fee ordinance. The County agrees to
provide any legal defense necessary at no cost to the City. Should a Court of competent
jurisdiction order a refund of all or part of any road impact fee or should any refund be
agreed to by the County, the refund shall be paid solely by the County.
3. The County shall have the final authority and responsibility as provided in the Road
Impact Fee Ordinance as to whether to accept an offer by a developer to donate or construct all
or part of a road capital improvement in lieu of payment of all or part of the road impact fee.
4. The County shall have the final authority and responsibility for the use and expenditure
of impact fee monies pursuant to the Road Impact Fee Ordinance.
5. 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.
6. This Agreement shall be effective for a period of ten (1 0) years beginning on the date that
all parties have executed this Agreement. The Agreement may be amended, terminated or
extended upon mutual written agreement of all parties.
IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their duly
authorized officials on the dates stated below.
ATTEST:
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Clerk, Sharon Robertson
Okeechobee County, Florida
ATTEST:
Clerk Lane
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BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
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Chairman
DATE: April 12, 2007
APPROVED AS TO FORM AND CORRECTNESS:
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unty Attorney y0/7
CITY OF OKEECHOBEE, FLORIDA
DATE: 1 )(P{,
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APPROVED AS TO FORM AND CORRECTNESS:
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City Attorney John Cbok