4. 07/08/1998 Agreement
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BRANCH OFFICE
3117 OVERSEAS InGHWAY
MARATIlON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COQRT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUjM'
TO:
James T. Hendrick
County Attorney
FROM:
Ruth Ann Jantzen ~t1---.
Deputy Clerk 7'
DATE:
July 28, 1998
At the July 8, 1998 County Commission Meetin~, the Board granted approval and
authorized execution of an Impact Fee Interlocal Agreement between Monroe County
and Key Colony Beach, for the collection and distributipn of impact fees.
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,
Enclosed please find a fully executed duplicate original of the above Interlocal
Agreement for return to Key Colony Beach, and one co~y for your files.
H you have any questions regarding the above, please do not hesitate to
contact this office.
Enclosure
cc: Finance
County Administrator, w/o document
File
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IMPACT FEE INTERlOCAl AGREEMENT
This interlocal agreement for the collection and distribution of impact fees is entered into by
and between Monroe County, a political subdivision of the State of Florida, and the City of Key
Colony Beach, a municipal corporation, under the authority granted in Sec. 163.01, FS. The parties
hereby covenant and agree as follows:
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As authorized by Art. 8, Sec. 1 (f), Fla. Const., the County O'tId dfle Q:IIty pgree
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that the impact fees imposed by Chap. 9.5, Art. X, Monroe County Code, apply~~iQ thtci~nd
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are no In con IC WI any munlClpa or Inance. C:5:);:'~ -0 ::0
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Section 2.(a) Any person, including any government agency, initiating n~Jevetl>p~nt
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within the City, that will require new public facility demands for County or City s~rvi~s, ~st ~ay
Section 1.
the applicable fair share impact fees (hereafter impact fees) due as set forth in Chap. 9.5, Art. X,
Monroe County Code.
(b) The City must collect the impact fees due under Chap. 9.5, Art. X, Monroe
County Code, and subsection 2(a) of this agreement from any person initiating new development
within the City before issuing a building permit for such development, unless such person or the
proposed development is exempt from the imposition of impact fees under Chap. 9.5, Art. X,
Monroe County Code.
(c) All impact fees collected by the City must be properly identified and as such
promptly transferred to the City Clerk. The Clerk must then cause the impact fees to be deposited
in the appropriate trust fund in the separate accounts established by the City and used solely for
the purposes established by this agreement. The impact fees trust accounts must be established as
follows:
1) A transportation impact fees trust account with the proceeds used exclusively for
the capital expansion of the County's and City's major road network system located in the
Middle Keys impact fees subdistrict depicted in Chap. 9.5, Exhibit A, Monroe County Code,
copy of which is attached and incorporated into this interlocal agreement.
2) A park impact fees trust account with the proceeds used exclusively for the
capital expansion of the City's community park facilities located in the Middle Keys impact
fees subdistrict depicted in Chap. 9.5, Exhibit A, Monroe County Code.
3) A library impact fees trust account with the proceeds used exclusively for the
capital expansion of the County's libraries located in the Middle Keys impact fees subdistrict
depicted in Chap. 9.5, Exhibit A, Monroe County Code.
4) A fire protection/EMS facilities impact fees trust account with the proceeds used
exclusively for the capital expansion of the County's fire protection/ emergency medical
facilities located in the Middle Keys impact fees subdistrict depicted in Chap. 9.5, Exhibit A,
Monroe County Code.
5) A solid waste impact fees trust account with the proceeds used exclusively for the
capital expansion of the County's solid waste facilities serving the City.
6) A police trust account with the proceeds used exclusively for the capital
expansion of the City and County police facilities in the Middle Keys impact fees subdistrict
depicted in Chap. 9.5, Exhibit A, Monroe County Code.
Section 3.(a) At the end of each calendar quarter, the City must promptly pay the County a
portion of the impact fees collected within the City according to the following percentages:
1) 50 % of the transportation impact fees collected;
2) 0 % of the park impact fees collected;
3) 100 % of the library impact fees collected;
4) _1.0.0.__% of the fire protection/EMS facilities impact fees collected;
5) 100 % of the solid waste impact fees collected;
6) __.1Q._% of the police impact fees collected;
(b) The City and County further agree and covenant:
1) That the impact fees collected in the City pursuant to this interlocal
agreement will be expended according to the capital facilities element of the City's
comprehensive land use plan or the County's comprehensive land use plan, as appropriate;
2) That all impact fees collected in the City pursuant to this interlocal agreement
will be expended by the City and County in manner consistent with Contractors and Builders
Association of Pinellas County v. City of Dunedin, 329 So.2d 314 (Fla. 1976); and Home
Builders and Contractors' Association of Palm Beach County v. Board of County
.(;.9..mD.JL~.~i9.D.~r!!nQtt'.g.Lmn~~.g.~bnC..Q!:m_tY., 446 So.2d 140 (Fla. App. 4th DCA 1983); and
3) That accurate records and accounts of the receipt and expenditure of such fees
will be kept by the City and County according to generally accepted government
accounting principles, and made available to representatives of the other party upon
request.
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accounting principles, and made available to representatives of the other party upon
request.
Section 4.
This interlocal agreement supersedes and replaces any and all prior interlocal
agreement or understandings between the parties concerning the same subject matter.
Section 5.
This interlocal agreement will take effect when a certified copy is filed with the
Clerk of the Circuit Court for Monroe County and the City Clerk of Key Colony Beach.
.,>;.~:6~r!=D this .i!!day of --..J U I-- ,-( , 1998.
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. L KOLHAGE, CLERK
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BY~~~~~M-'
D uty I rk
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY, FLORIDA
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Mayor/Chairman
(SEAL)
ATTEST:
By ~~ cc..'~~
City Clerk \
CITY OF KEY COLONY BEACH
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LAND DEVELOPMENT REGULATIONS
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EXHIBIT A
[The next page is 800.427]
Supp. No. 33 800.377