HomeMy WebLinkAboutTransportation Impact Fee - Interlocal Agreement 1990 • ' i •'• INTERLOCAL AGREEMENT BETWEEN
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Sr pn,;,;.: rett4i:5T BREVARD COUNTY, FLORIDA
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Al UC �_ — _. , -��, , �,,a THE CITY OF CAPE CANAVERAL, FLORIDA
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PROVIDING FOR PARTICIPATION IN THE
BREVARD COUNTY TRANSPORTATION IMPACT FEES
THIS INTERLOCAL AGREEMENT is made and entered into this
6th day of March , 1990 by and between BREVARD COUNTY,
FLORIDA, by and through the Board of County Commissioners of
Brevard County, and the City of Cape Canaveral, Florida.
WHEREAS, Section 163.3202(2), Florida Statutes, requires
local governments to adopt local land development regulations
that provide that public facilities and services meet or exceed
the standards contained in the Capital Improvements Element of
their Comprehensive Plan; and
WHEREAS, Section 163.3202(3), Florida Statutes, encourages
the use of innovative land development regulations such as Impact
Fees; and
WHEREAS, the County has completed a comprehensive Impact Fee
Study in furtherance of implementing innovative land development
regulations that support the level of service standards contained
in the Brevard County Comprehensive Plan; and
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WHEREAS, the County desires to apply the findings of the C° _i
comprehensive Impact Fee Study for Public Transportation ° -.
Facilities on a county -wide basis; and
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WHEREAS, the County desires to coordinate the land
development regulations necessary to provide these public
facilities with the municipal corporations of Brevard County; and •
WHEREAS, the Impact Fee Ordinance is designed to be applied
in all areas of the County, both unincorporated and incorporated,
that receive benefit from said public facilities.
NOW, THEREFORE, in consideration of the following premises .
and after due consideration, the County and the Municipality E
hereby agree, stipulate, and covenant as follows:
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1. INCORPORATION OF RECITALS: Each and all of theme
foregoing recitals be and the same are incorporated herein and
deemed to be true and correct.
LD
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2. DEFINITIONS:
(a) "Applicant" means and refers to any Person seeking
a Certificate of Occupancy from the Municipality.
(b) "Benefit Area" means and refers to one of the
Transportation Impact Fee Districts established by Section 9.,
Ordinance 89 -04, Brevard County, Florida.
(c) "Certificate of Occupancy" means and refers to the
final written approval issued by the Municipality Building
Official, which approval authorizes occupancy of a structure, all
as defined in Section 103.9., Appendix A, Standard Building Code
1985 Edition with the 1986 and 1987 revisions, as adopted by the
City Code of the Municipality, all as the same may be amended
from time to time. A certificate of completion as issued by the
Municipality, or a temporary Certificate of Occupancy issued by
the Municipality as defined in Section 103.9., Appendix A,
Standard Building Code 1985 Edition with the 1986 and 1987
revisions, as adopted by the City Code of the Municipality, all
as the same may be amended from time to time, shall not be
included within the definition of Certificate of Occupancy for
the purposes of this Agreement.
(d) "County" means and refers to Brevard County,
Florida, a political subdivision of the State of Florida.
(e) "County Form A" means and refers to a form which
may be unilaterally amended from time to time by the County but
is generally in the same form as attached hereto.
(f) "Development" shall be defined as set forth in
Section 380.04, Florida Statutes.
(g) "Development Permit" shall be defined as set forth
in Section 163.3164(7), Florida Statutes.
(h) "Impact Fee" means and refers to the
transportation Impact Fee adopted by the Ordinance.
(i) "Impact Fee Study" means and refers to the below
listed reports, data, and studies, as well as any updates of
these reports, data, or studies, and including any new reports,
data, or studies supporting the need for an Impact Fee, the need
for new or expanded transportation infrastructure or facilities,
Impact Fee related socio- economic data or modeling, or
demonstrating the existence of a rational nexus between the
Impact Fee and the Ordinance and exactions placed on new
Development in a given Benefit Area, all of which have been
prepared by or in consultation with highly qualified
transportation planners and legal counsel who have substantial
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experience in the preparation of transportation Impact Fee
programs. The Impact Fee program implemented by the Ordinance is
based upon the report entitled Comprehensive Impact Fee Study,
Brevard County - March, 1987, prepared by Kimley -Horn, and other
reports, data, and studies.
(j) "Land Development Regulations" shall be defined as
set forth in Section 163.3164(22), Florida Statutes.
(k) "Municipality" means and refers to the City of
Cape Canaveral, Florida, a Florida municipal corporation.
(1) "Ordinance" means and refers to Brevard County
Ordinance No. 89 -04, as amended from time to time.
(m) "TAC" shall mean and refer to the Technical
Advisory Committee described in Section 5. of this Agreement.
(n) "Voucher" means and refers to a form issued to an
Applicant by the County that when presented to the Municipality
affirmatively states that the Applicant has paid the applicable
Impact Fee for a particular structure or Development and which
form authorizes the Municipality to issue a Certificate of
Occupancy; provided that all other applicable governmental
regulations have been satisfied.
3. VOUCHER SYSTEM: The Municipality hereby agrees to
reasonably assist and cooperate with the County in the collection
of County Impact Fees as follows:
A. In compliance with the Ordinance, the Municipality
shall require, as a condition precedent to the issuance of a
Building Permit or Development and Certificate of Occupancy, the
presentation of an Impact Fee Voucher. Any reports or other
documents prepared by the Municipality or filed by the
Municipality with the County regarding the types of Development
uses or structures to be placed upon property for use by the
County or other interested persons to be used in computing the
appropriate Impact Fee amount for a particular Development may,
in the discretion of the Municipality, describe said structure or
use by reference to categories set forth in the Standard Building
Code 1985 Edition with the 1986 and 1987 revisions and all
applicable appendices, as adopted by Section 611, City Code of
the Municipality all as the same may be amended by the
Municipality from time to time. All forms designed by the County
for use by the Municipality regarding the Impact Fee program
shall be coordinated with the Municipality. "Coordinated" as
used in this Section 3.A. of this Agreement means that comments
from the Municipality to reduce and simplify paperwork shall be
- solicited by the County, and when reasonably possible and
prudent, said comments shall be implemented. Further,
periodically, as deemed appropriate by either the Municipality's
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City Manager or the County Administrator, the County shall
provide briefing and training sessions to Municipality personnel
to improve the operation of the Impact Fee program.
B. By April 1, 1990 and by April 1 of each calendar
year thereafter, the County shall file an annual report for the
immediate preceding calendar year with the Municipality listing
all such Vouchers issued to each Applicant relating to real
property within the Municipality (as of the time issuance of the
Voucher); the amounts of fees collected; credit determinations
giving an Applicant credit against the Impact Fee and amount
payable for off -site improvements installed which has been
credited to the Applicant, together with the Applicant's name,
project name and date of determination; vested rights
determinations exempting an Applicant from payment of the fee,
together with the Applicant's name, project location, and date of
vested rights determination; and credits issued with acceptable
securities, all for each applicable Impact Fee Benefit Area
within which the Municipality is located.
C. i. The County shall establish three (3) Impact
Fee collection points, one in North Brevard, one in Central
Brevard, and one in South Brevard, for the purposes of assisting
the public and collecting said Impact Fees. The location in
Central Brevard shall be the Brevard County Service Center, 2575
North Courtenay Parkway, Merritt Island, Florida, or such other
location as may be agreed upon in writing by the County
Administrator and City Manager of the Municipality.
ii. The County, upon payment by the Applicant of
the appropriate Impact Fee amount as required by the Ordinance,
shall issue a Voucher to the Applicant within one (1) regular
County business day after submission of the Applicant's copy of
County Form A, except in the following cases: 1) request by the
Applicant for credit against the Impact Fee amount; 2) request by
the Applicant to be excused from payment of all or any part of
the Impact Fee amount due to a claimed vested right; 3)
submission by the Applicant of data supporting a request for
payment of an alternative Impact Fee amount; or 4) application
for a Voucher for a non - residential Development.
iii. Upon the receipt of a completed County Form A
and approved site development plan or equivalent statement by the
Municipality for a non-residential Development, the County agrees
to issue a Statement identifying the amount of the applicable
Impact Fees to an Applicant within fifteen (15) regular County
business days, except in the following cases: 1) request by the
Applicant for credit against the Impact Fee amount; 2) request by
the Applicant to be excused from payment of all or any part of
the Impact Fee amount due to a claimed vested right; or 3)
submission by the Applicant of data supporting a request for
payment of an alternative Impact Fee amount. The County upon the
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Applicant's payment of the appropriate Impact Fee as calculated
under the Ordinance shall issue a Voucher to the Applicant
following submission of the Applicant's copy of County Form A.
In the foregoing three (3) situations, the County shall issue a
Voucher within a reasonable time and shall make a good faith
effort to expeditiously process the request.
D. This method of collection shall remain in effect
for so long as this Agreement remains in effect.
E. The County shall have the responsibility to
preserve from waste or loss and by any means to invest Impact
Fees collected from Developments located within the Municipality;
provided, however, that the aforesaid Impact Fees collected from
Development within the Municipality shall only be invested in
accordance with laws governing investment of other public funds.
4. AGREEMENT TO ACCEPT BENEFIT AREAS /RATE STRUCTURE: The
Municipality agrees to the Impact Fee amounts and the Impact Fee
Benefit Area boundaries established by the County in the
Ordinance. Notwithstanding the foregoing sentence, the County
warrants and guarantees unto the Municipality that Impact Fee
amounts and Benefit Area boundaries are based on an Impact Fee
Study; that the Impact Fee program, Benefit Area boundaries, and
rate structure instituted by the Ordinance are based upon current
and reliable socio- economic data and transportation
studies /modeling; that the Impact Fee program, Benefit Area
boundaries, and rate structure instituted by the Ordinance will
not be amended unless based upon an updated, current and reliable
Impact Fee Study; and that the Impact Fee program instituted by
the Ordinance would more likely than not be upheld by a court of
competent jurisdiction. The County further understands that any
acceptance or agreement by the Municipality to the Benefit Area
boundaries, rate structure, or to participate in the Impact Fee
program implemented by the Ordinance, is based upon the foregoing
warranty and guarantee, and the County hereby waives any right to
assert said acceptance by the Municipality as a defense to any
hold harmless or indemnification clause in this Agreement or
otherwise expressly or impliedly made by the County.
5. OPERATION OF THE TECHNICAL ADVISORY COMMITTEE: Capital
projects eligible for Impact Fees revenues collected pursuant to
the above method shall be identified in a five (5) year Impact
Fee Capital Improvement Schedule (CIS).
A. A Technical Advisory Committee shall be established in
each Benefit Area, consisting of one representative from the
County and each Municipality, which has an effective interlocal
agreement with the County to implement the Ordinance and having
lands which lie within the Benefit Area. Said representatives
shall be technically qualified relative to the subject of the
Impact Fee. "Technically qualified" as used herein means City
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Managers, County Administrator, planners, engineers, lawyers,
administrators or other professional individuals, all having
experience or a substantial understanding of the subject of
transportation planning. A local government's appointment of an
individual to the TAC shall be an assurance to all other
participating local governments that the local government's
appointment meets the requirements of this paragraph.
B. A five (5) year Capital Improvement Schedule (CIS)
for each Benefit Area for the utilization of Impact Fee revenues
shall be developed and annually reviewed and updated by the
applicable TAC using the Capital Improvement and Traffic
Circulation Elements of the Comprehensive Plans of all.local
governments that are entitled to appoint a member to the TAC,
together with their most recent adopted capital improvement
program and other competent and reliable transportation data; and
in addition, the following minimum criteria shall be used to
establish the eligibility of a project for the establishment of a
priority for revenue distribution:
PRIORITY ELIGIBILITY
1 Any County or State roadway operating within
a locally designated temporary or
transitional level of service; or a
designated primary hurricane evacuation
route.
2 Any County or State rural or urban roadway
operating within or lower than a level of
service D and E, respectively.
3 Any roadway scheduled in the County or the
Municipality's capital improvement program.
Revenues shall not be utilized for correcting deficiencies,
however, they shall be utilized to fund the future capacity
components for roadways scheduled in accordance with the
foregoing priority criteria. All Priority 1 projects shall be
accommodated prior to any revenue distribution to Priority 2
projects; likewise, Priority 2 projects shall be accommodated
prior to any revenue distribution to Priority 3 projects. The
TAC shall submit the CIS directly to the Board of County
Commissioners by January 1 of each calendar year with a copy to
the City Council of the Municipality.
C. The County shall initiate said annual update of
the CIS, and shall forward it to the Municipality at least thirty
(30) days prior to consideration for adoption by the County. The
Municipality-shall receive at least fifteen (15) days notice of
the time, date, and place of any meeting of the Board of County
Commissioners at which the Board might adopt, reject, or adopt,
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with amendment the CIS. All projects in which Impact Fee
revenues can be utilized shall be identified in the CIS, and all
projects shall be listed in order of priority as proposed by the
TAC. The TAC may also propose general road alignments, geometric
configuration, right -of -way width, whether a roadway should have
landscaped medians, type of landscaping for transportation
improvements, and other related factors.
D. The selection of projects and their priority in
the CIS, as well as adoption of road alignments, geometric
configuration, right -of -way width, whether a roadway should have
landscaped medians, type of landscaping for transportation
improvements, and other related factors, shall be the decision of
the Board of County Commissioners after due consideration of the
recommendations of all Technical Advisory Committees. The
recommendations of the TAC shall not be binding on the Board of
County Commissioners, but the Board of County Commissioners shall
regard the TAC recommendations as highly persuasive and shall
accord said recommendations great weight in reaching their final
determination. Further, this Section 5.D. shall not be construed
to prohibited the Municipality from providing supplemental funds
to provide landscaped medians; landscaping, improved alignments
or right -of -way widths; improved geometric configurations;
traffic signals; or other improvements.
E. Upon approval of the Impact Fee Capital
Improvement Schedule, the Brevard County Board of County
Commissioners shall integrate the selected and prioritized
projects into the County Capital Improvement Program in a manner
consistent with the policies of the Brevard County Comprehensive
Plan's Capital Improvement Element, or authorize the release of
Impact Fee revenues to appropriate cities or towns for the timely
commencement of eligible roadway construction and expansion in a
manner consistent with the CIS and the principles set forth in
this Agreement.
F. Impact Fees may be used in combination with other
funding sources which respond to considerations different than
listed above. As such, the use of the fees collected for
combined project funding shall be identified in the annual review
of the CIS by both the County and the Municipality.
G. This method of project identification and
prioritization shall remain in effect for as long as this
Agreement remains in effect.
6. NOTICE OF IMPACT FEE LAWS: The Municipality agrees to
provide written notice to the County at least sixty (60) days
prior to consideration of or any effort to enact an Impact Fee
within the Municipality, or to modify, reconsider, or review any
existing Impact Fee, or to enact an ordinance negating the
County's ability to collect Impact Fees pursuant to the Ordinance
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within the Municipality. Further, the County shall not amend the
Ordinance without affording the Municipality at least forty -five
(45) days notice, as set forth herein, of the text of the
proposed amendment, as well as the time, place and date of the
public hearing at which the proposed amendment will be considered
by the Board of County Commissioners for adoption. If the
amendment is substantially modified by the Board of County
Commissioners and in order to allow the Municipality sufficient
time to determine whether to terminate this Agreement and to
"opt -out" of the Impact Fee program implemented by the Ordinance,
the County agrees that the Ordinance, as amended, shall not take
effect in the Municipality until at least forty -five (45) days
after adoption of the amendment; provided, specifically, however
any determination by the Municipality to opt -out of the Impact
Fee program shall not necessarily be deemed to have been approved
by the County by execution of this Agreement.
7. RECORDS: The County and the Municipality shall have the
reciprocal right to review the records of the other as to
receipt, allocation and expenditure of Impact Fees, including
records as to the issuance of Certificates of Occupancy. All
such inspections shall be made upon reasonable notice and at a
reasonable time and place. Upon a request to review or obtain
copies of records by one party to the other hereunder, the party
responding to a request for review shall furnish assistance as
well as copies of appropriate records for the Benefit Areas in
which the Municipality is located at no cost to the requesting
party.
8. ADMINISTRATIVE FEES: To reimburse the County for the
administrative costs incurred in the collection and allocation of
Impact Fees under this Agreement, the parties agree to allow the
County to retain a percentage of the Impact Fee collected, which
shall be established in the Ordinance adopting said Impact Fee
and which amount shall not exceed five percent (5 %).
9. INDEMNIFICATION; HOLD HARMLESS: The County agrees to
hold the Municipality harmless from all liability which may
result from the performance of or omission to perform any of its
obligations herein. To the fullest extent permitted by law, the
County agrees to indemnify the Municipality against all losses,
damages, errors, omissions, claims, court costs, or attorneys
fees incurred, directly or indirectly, arising from or: 1) as a
result of the Municipality's defense of its actions or omission
to act resulting, indirectly or indirectly, from the performance
of this Agreement or in cooperation with the County in pursuit of
fulfilling the requirements of the Ordinance; 2) in refusing to
issue either a building permit or Certificate of Occupancy in
furtherance of enforcement of the Ordinance and the Impact Fee
program effectuated by the Ordinance or this Agreement; 3) as a
result of the County's actions pursuant to the Impact Fee program
or Ordinance, including but not limited to the making of or
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failure to make or to timely: a) make determinations of vested
rights, credits, appropriateness of alternative fee calculations,
developer agreements, b) and /or properly return funds to which
any Person may be entitled, or c) issue a Voucher.
Notwithstanding any other provision of this Agreement, the
parties hereto agree that the hold harmless and indemnification
provisions of this Agreement shall continue in full force and
effect regardless of the termination of this Agreement with
regard to acts or omission committed during the term of this
Agreement. This Agreement specifically includes a circumstance
where a court of competent jurisdiction orders repayment of
previously paid Impact Fee sums. Nothing herein shall be
construed to constitute a commitment by the County to indemnify
the Municipality for acts of negligence, be they by commission or
omission under any development permit or regulatory activity of
the Municipality pursuant to this Agreement or otherwise.
Nothing herein shall be construed to constitute a general pledge
of County or Municipality revenues.
10. All notices and clarifications required under this
Agreement shall be directed to the following offices:
FOR THE COUNTY: Director of Planning &
Development Services
Brevard County
2575 North Courtenay Parkway
Merritt Island, FL 32953
COPIES TO: Brevard County Clerk of the
Circuit Court
700 Park Avenue
Titusville, FL 32780
FOR THE MUNICIPALITY: City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, Florida 32920
Unless otherwise set forth herein, any notices required to be
sent by one party to another pursuant to the provisions of this
Agreement shall be sent by certified United States mail, return
receipt requested, or by hand delivery, receipt requested.
Either party to this Agreement may unilaterally change the
designated individual or officer to whom notice is to be sent,
change the address of the individual or officer to whom notice is
to be sent, or designate up to one additional individual or
officer to whom notice is to be sent, by giving the other party
to this Agreement notice as specified herein.
11. EFFECTIVE DATE; RECORDING: Pursuant to Section
163.01(11), Florida Statutes, this Agreement, and any amendments
hereto, shall not become effective until and unless recorded in
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the Public Records of Brevard County by the Clerk of the Circuit
Court for Brevard County, Florida. The County, at no cost to the
Municipality, shall make arrangements to immediately record this
Agreement and any amendments hereto, all as contemplated herein,
and upon recordation, a recorded copy shall be forwarded to the
Municipality in the manner in which notice is required to be
given.
12. AMENDMENT: This Agreement may be amended, but any such
amendment must be in writing and executed by the respective
authorized officials of each governing body. Further, all
amendments to this Agreement must be approved by separate votes
of the Municipality's City Council and the County Commission, a
quorum being present of both respective bodies, and the meeting
at which each of the governing bodies approves said amendment
being duly noticed.
13. TERMINATION: This Agreement may be terminated upon
ninety (90) days written notice given by either party to the
other party hereto. With regard to any Impact Fees collected by
the County prior to the effective date of termination of this
Agreement, said funds shall remain the property of the County,
unless said funds are returned to a developer, property owner, or
other person as specified in the Ordinance. Notwithstanding the
termination of this Agreement, any rights granted to the
Municipality to participate in a TAC shall continue in full force
and effect until such time as all Impact Fees collected within
the Municipality have been irrevocably obligated for
transportation facility expansion purposes, all as contemplated
herein. Notwithstanding the termination of this Agreement, any
other rights granted to the Municipality, as well as any
obligations of the County, all pursuant to this Agreement shall
not be terminated as to any funds collected from Developments
within the Municipality.
14. LITIGATION: In the event litigation is filed against
the Municipality which challenges: the Municipality's refusal to
issue any Development Permit or Certificate of Occupancy because
the property owner, developer, applicant, or other Person has
failed to properly remit payment for Impact Fees pursuant to the
Ordinance, or in a timely manner, proper amount, or for any other
reason; or this Agreement or the Ordinance, within ten (10) days
of service of the pleadings on the Municipality, the Municipality
agrees to forward a copy of the pleadings to the County. Upon
written request of the County or in the discretion of the
Municipality, the County shall be named by the Municipality as an
indispensable party to such suit or failing such determination by
a court, the County shall be named as a third party defendant to
enable the County to defend this Agreement, the Ordinance, and
the Impact Fee program. The County agrees that in any such
action contemplated by the foregoing sentence, the Municipality
may have its choice of legal counsel, both for trial and
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appellate purposes, all at the expense of the County. In the
event that litigation is filed against the County which
challenges this Agreement or the Ordinance, or the Impact Fee
program, within ten (10) days of service of the pleadings on the
County, the County agrees to forward a copy of the pleadings to
the Municipality. Upon written request of the Municipality in
which event the Municipality has not been named as a party to
said lawsuit, the Municipality shall be named by the County as an
indispensable party to such suit or failing such determination by
a court, the Municipality shall be named as a third party
defendant to enable the Municipality to defend this Agreement and
join in the defense of the Ordinance and the Impact Fee program.
In the case of the event outlined in the immediate foregoing
sentence in which the Municipality shall request to be joined,
the County may, in its sole and absolute discretion, refuse
indemnification of the Municipality as to its court costs and
attorney's fees.
15. MAINTENANCE OF EFFORT: Although the parties hereto
acknowledge that the Board of County Commissioners can not
lawfully contract away its legislative powers, the County agrees
to the following policies and principles regarding the Impact Fee
program as envisioned by this Agreement:
A. Impact Fees collected pursuant to the Ordinance
and as contemplated by this Agreement shall be expended only for
new public transportation infrastructure and facilities, or any
expansion of existing public transportation facilities,
necessitated by new Development. The Impact Fees and amounts
thereof collected from individual Development projects shall bear
a rational nexus to the impacts upon public transportation
infrastructure created or caused by the new Development, all of
which impacts shall be located off -site of said Development.
B. The County shall not reduce its expenditure of
funds (other than transportation Impact Fees) in Benefit Area 9
to maintain or expand public transportation facilities and
services and otherwise expend said funds in other Benefit Areas
due to the fact that cities within those other Benefit Areas have
determined not to participate in the Impact Fee program set forth
by the Ordinance or for any other reason. Benefit Area 9 shall
have expended within their boundaries at least their fair share
of all funds expended by the County in furtherance of the
maintenance and expansion of public transportation facilities and
services. Failure of the County to adhere to this principle may
necessitate termination of this Agreement by the Municipality.
Further, the County recognizes that the Municipality might
thereafter seek to "opt -out" of the Impact Fee program, but any
determination by the Municipality to opt -out of the Impact Fee
Program shall not necessarily be deemed to have been approved by
the County by the execution of this Agreement.
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C. The parties hereto agree and understand that the
Municipality's participation in the Impact Fee Program is
significantly founded upon the understandings in this Paragraph
15, as well as the hold harmless /indemnification provisions of
Paragraph 9.
16. INTERPRETATION: The use of the plural form of any word
includes the singular form of such word and vice versa, unless
the context suggests otherwise. Each subtitle or catchline set
forth in this Agreement is not to be construed as part of this
Agreement for purposes of interpretation, but rather, each such
subtitle or catchline is supplied for ease of reading. This
Agreement, and each word, clause, sentence, paragraph,_ and
provision, is to be read as a whole. However, the
unenforceability, illegality, or unconstitutionality of any
single word, clause, paragraph, or provision shall not be
construed, if at all possible, to invalidate the remainder of
this Agreement. In such circumstances this Agreement shall be
read as if such unenforceable, illegal, or unconstitutional word,
clause, sentence, paragraph, and provision were not a part of
this Agreement.
17. MUNICIPALITY'S ADVISORY COMMENTS: The County
recognizes that the Municipality is voluntarily participating in
the County's Impact Fee program as effectuated by the Ordinance,
and that Impact Fee program funds collected within the
Municipality will be used to improve County operated and
maintained facilities. The Municipality recognizes that as a
direct result of the collection of Impact Fees, public
transportation facilities within the Municipality or directly
benefitting Development projects and residents of the
Municipality will be expanded. Both the Municipality and the
County recognize that as a result of the foregoing, improved
intergovernmental coordination is necessary. Consequently, the
Municipality shall be afforded an opportunity to comment on the
encumbrance by the County of any Impact Fee revenues collected by
the County from a Development within the Municipality for a road
or transportation project partially or wholly within the
Municipality (hereinafter: a "Proposed Project "). Said comments
to the County, although advisory in nature, shall be accorded
great persuasive weight by the County in its deliberations and
planning efforts. So that the Municipality may express its
comments to the County with regard to any Proposed Project and
consider whether to supplement funds to enhance the Proposed
Project, the County shall forward to the Municipality for comment
all proposals for roadway widening or construction or other
transportation improvements to be constructed partially or wholly
within the Municipality and partially or wholly funded by any
Impact Fees in the manner provided for notice under this
Agreement. Each proposal for such Proposed Project forwarded to
the Municipality shall identify or include: a) the location of
the proposed improvement; b) a description of the nature of the
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improvement; c) a good faith projection of an estimate of the
overall cost of the improvement; d) a good faith estimate of the
amount of Impact Fees collected from Developments within the
Municipality included within the costs, if any; e) the projected
commencement and completion date of construction of the Proposed
Project; f) a description of the proposed width of the roadway or
facility; and g) a description of proposed landscaping features,
deceleration /acceleration lane features, traffic light locations,
medians, landscaped medians, and other significant features of
the transportation facility. Said information regarding the
Proposed Project shall be forwarded by the County to the
Municipality in the earlier stages of the design phase of the
Proposed Project. From the date of receipt by the Municipality
of the foregoing information, items a) through g), inclusive,
regarding a Proposed Project from the County (as specified in
this Paragraph 17), the Municipality shall have sixty (60)
calendar days to provide the County with any comments regarding
the Proposed Project. After completion of preliminary
construction drawings, but prior to finalization of the design
process, a copy of the detailed drawings shall be forwarded to
the Municipality for additional advisory comments, if any. From
the date of receipt by the Municipality of the foregoing
referenced drawings regarding the Proposed Project from the
County, the Municipality shall have thirty (30) calendar days to
provide the County with any comments regarding the Proposed
Project.
IN WITNESS WHEREOF, this Interlocal Agreement has been fully
executed on behalf of the County and the Municipality by their
.duly authorized representatives on the respective dates below.
?ATTEST:' BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
tied)ce-ll d I, BY: (.1.-4.--d/
R. C, W n lead, J ., Clerk Carol Senne, hairman
DATE: March 6, 1990
CITY OF CAPE CANAVERAL,
49
FLORIDA
�zF,FoT." �
4i:ty. erk . ayor ro em
.'••....••
1 ,r; 3C�
OFF. REC.
A:int5CC.agr 04 -],,- - 13 PAGE
JU4 2918
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this
eT day of , 19,8, by Carol Senne as
Chairman of the Board of County Commissioners of Brevard County
on betrig44 the Board.
vn = NOTARY PUBLIC - State of
- , � �L� C ' w Florida at Large
My Commission Expires:
•
.• `�' p1I DA Notary Public, State of Models
`' l My Commission Expires May 10, 1992
CdVNt4 ;,,4tF.AREVARD
The foregoing instrument was acknowledged before me this
2 0thday of February , 1990, by Ann H. Thurm
as Mayor Pro Tem of the City of Cape
Canaveral, Florida, a Florida Municipal Corporation on behalf of
the corporation. ,,.,,,,
4Z-
NOTARX PUBLIC tla a ' D
•
Florida at Larger :; : ; /Os;
My Commission Ex.
Not ::Y I' L: ; a�A3iS.{F.��C(i- D.'. •''
EGt•7: T IRU A60.'T.'4.146iARY
OFF. REC.
A:int5CC.agr 04-133)4 7 PAGE
14
3047 2919
FORA A
BREVARD COUNTY, PI.ANNi,.� i DEVELOPMENT SERVICES DEPARTMEtr
• IMPACT FEE APPLICATION
(TO BE COMPLETED BY APPLICANT)
LOCATION OF SUBJECT PROPERTY: APPLICANT'S
( ) UNINCORPORATED NAME: Last First M.I.
( 3 INCORPORATED CITY NAME OWNER'S
PROPERTY ADDRESS: NAME: Last First M.I.
OWNER'S ADDRESS:
LEGAL DESCRIPTION:
TWP RNG SEC
SUB # SUB NAME TELEPHONE # (OWNER):
BLK PARCEL /LOT # (APPLICANT):
CHECK TYPE OF PROJECT AND ATTAC KWTS1
[ ) NEW SINGLE FAMILY, MOBILE HOME /MANUFACTURED HOME, ATTACH
BUILDING PERMIT APPLICATION.
( ) MULTI- FAMILY INCORPORATED -ATTACH APPROVED SITE DEVELOPMENT PLAN:
UNINCORPORATED -ATTACH BUILDING PERMIT APPLICATION, APPROVED SITE
DEVELOPMENT PLAN #
( 3 COMMERCIAL, INDUSTRIAL, OR EXPANSIONS. INCORPORATED -ATTACH APPROVED SITE
DEVELOPMENT PLAN; UNINCORPORATED- ATTACH BUILDING PERMIT APPLICATION,
APPROVED SITE DEVELOPMENT PLAN #
( ) FEE ADJUSTMENTS CLAIMED CREDIT ( )
(ATTACH SUPPORTING DOCUMENTS)
I HEREBY CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE:
APPLICANT'S SIGNATURE DATE D
CD CI
(OIFICIAL USE ONLY) 0.1
FEE ASSIGNMENT CV
IMPACT YEE DISTRICTS:
ROADS: 1 ( 3 6 ( ) EMS: 1 [ 3 5 ( 3 CORR.: 1 ( )
2 ( 3 7( ) 2 O 6 (
3 ( 3 8 ( 3 3 ( 3 7 (
4 ) 9( ) 4 () 8 ( 3
5 ( 3 10 ( 3
CONTROL # _
LAND 05! 80'XILARY
RES. (UNITS):
NON -RES. (SQ. FT.):
I25PA' FEE AMOUNT NTLDING PERMIT AMOUNT ` ,j
ROADS $ BUILDING PERMIT # cc
EMS $ BUILDING PERMIT $ L p
COR. FAC. $ PUBLIC WORKS $ C')
CD SUB -TOTAL $ RADON GAS
CREDITS $ AND OR STATE FEES $
MISC. FEES $
TOTAL IMPACT FEE $
IMPACT BALANCE DUE $ TOTAL BUILDING FEE $
BUILDING BAL. DUE $
APPROVED BY:
TOTAL IMPACT FEE $ TOTAL BUILDING PERMIT FEE $
TOTAL IMPACT FEE i BUIL.DING PERMIT FEE $
CONTROL # PERSON ACCEPTING FEE: DATE:
INFORMATION REGARDING THE COMPLETION OF THIS OR OTHER FORMS CALL 453 -9508.
White copy - Building Department Yellow copy - Applicant Pink copy - County