County Corrections Impact Fee AgmtINTERLOCAL AGREEMENT
(Corrections Impact Fees)
THIS AGREEMENT entered into this istday 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 Corrections Impact Fee Ordinance to address the
need for corrections facility 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 corrections impact fees within the unincorporated area of the County
and within the municipal boundaries of the City.
NOW, THEREFORE, IT IS AGREED as follows:
1. The City agrees to:
a. Collect the applicable corrections impact fee as provided in the
Okeechobee
County Corrections Impact Fee Ordinance.
b. Maintain all records of the corrections 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 corrections 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 15th 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
corrections impact fee schedule.
e. Notify the County Administrator or his designee when there is an offer to
donate or construct part of a corrections capital improvement project by a
developer in the City, in lieu of paying all or part of the corrections impact fee.
f. Provide the County on December 1 of each year, annual financial reports
and information pertaining to the collection of corrections impact fees by the City
during the previous fiscal year.
2. County agrees to:
a. Collect the applicable corrections impact fee as provided in the
Okeechobee County Corrections 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 correction
facility capital improvements that will increase corrections 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
Corrections 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 corrections capital facility improvement located within
the City in lieu of payment of all or part of the corrections impact fee as provided
in the Corrections Impact Fee Ordinance, and whether it has accepted or rejected
the offer.
f. The County shall hold the City harmless should any suit or legal action be
brought to contest the validity of the corrections impact fee ordinance or to
contest the amount of any impact fee imposed or collected pursuant to the
Corrections 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 corrections 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
Corrections Impact Fee Ordinance as to whether to accept an offer by a developer to donate or
construct all or part of a corrections facility capital improvement in lieu of payment of all or part
of the corrections impact fee.
4. The County shall have the final authority and responsibility for the use and expenditure
of impact fee monies pursuant to the Corrections 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 (10) 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:
Clerk, Sharon Robertson
Okeechobee County, Florida
'',ATTEST:!
(h ti
Clerk Lane C n otea, (MC
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
DATE: April 12, 20 Y7
APPROVED AS TO FORM AND CORRECTNESS:
CITY OF OKEECHOBEE, FLORIDA
ayor Jdrr E. Kirk
DATE:
0
APPROVED AS TO FORM AND CORRECTNESS:
By:
\.,
City Attorney Join Cook