Agenda 04/25/2017 Item #16F104/25/2017
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement with the Greater Naples Fire Rescue District
to assist and cooperate with the District in collecting the District’s impact fees and to authorize the
County Manager, or his designee, and the County Attorney to advertise for future consideration an
ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances to remove all
references to the Isles of Capri Fire District, which has been added to the Greater Naples Fire
Rescue District through the legislative process.
OBJECTIVE: To approve an Interlocal Agreement with Greater Naples Fire Rescue District (the
District) and to authorize the County Manager and the County Attorney to advertise for future
consideration an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinance
removing references to the Isles of Capri Fire District.
CONSIDERATIONS: Under Florida law, Independent Fire Districts are authorized to assess and
collect impact fees. The District was created through the merger of the East Naples Fire Control and
Rescue District and the Golden Gate Fire Control and Rescue District in 2014 (collectively referred to as
the “predecessor districts”). Additionally, the Collier County MSTU area known as Fiddler’s Creek, the
Collier County MSTU area known as Naples Reserve, the Isles of Capri Fire District MSTU area, and the
Collier County Fire MSTU area known as Collier County District were added to the District through the
legislative process in 2015 and 2016. Both predecessor districts had Interlocal Agreements with the
County, that were assumed by the District after the merger, wherein the predecessor district determined
the amount of impact fees to be charged, and the County collected the predecessor district’s impact fee
upon issuance of the building permit. The County was paid an administrative fee of the collected amount
for this service of 1% for Golden Gate Fire District and 1.5% for East Naples Fire District. This
Agreement supersedes and replaces the two agreements with the predecessor districts, includes the areas
added to the District, and includes a reimbursement of a 1% administrative fee consistent throughout the
District.
The proposed Agreement is substantially similar to the two prior Interlocal Agreements with the
predecessor fire districts. This is a month-to-month agreement with either party having the right to
terminate on 30 days prior written notice.
The Collier County Code of Laws and Ordinances currently includes requirements for the Isles of Capri
Fire District. The Isles of Capri Fire District area is now included in the Greater Naples Fire Rescue
District and, therefore, all references should be removed from the Collier County Code of Laws and
Ordinances.
FISCAL IMPACT: The County will administer the impact fee collections on behalf of the District with
no change in reimbursement for costs incurred in the collection of the impact fees for properties located in
the Golden Gate predecessor district, and a change from a 1.5% to a 1% administrative fee for properties
located in the East Naples predecessor district. Reimbursements for fiscal year 2016 totaled
approximately $15,357. The projected change in reimbursements, based on current permitting activity, is
a decrease of approximately $3,500.
GROWTH MANAGEMENT IMPACT: This is no growth management impact related to this item.
LEGAL CONSIDERATIONS: This item, which has already been approved by the District, has been
reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for
approval. - JAK
04/25/2017
RECOMMENDATION: To approve an Interlocal Agreement with the Greater Naples Fire Rescue
District and authorize the County Manager and the County Attorney to advertise for future consideration
an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances to remove all
references to the Isles of Capri Fire District which has been added to the Greater Naples Fire Rescue
District through the legislative process.
Prepared by: Paula Fleishman, Senior Operations Analyst, Capital Project Planning, Impact Fees and
Program Management Division, Growth Management Department
ATTACHMENT(S)
1. Greater Naples Impact Fee Interlocal (PDF)
2. Isles of Capri Ordinance Amendment (PDF)
3. East Naples Interlocal 1990 (PDF)
4. Golden Gate Interlocal 1990 (PDF)
04/25/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.1
Doc ID: 3000
Item Summary: Recommendation to approve an Interlocal Agreement with the Greater Naples
Fire Rescue District to assist and cooperate with the District in collecting the District’s impact fees and to
authorize the County Manager, or his designee, and the County Attorney to advertise for future
consideration an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances to
remove all references to the Isles of Capri Fire District which has been added to the Greater Naples Fire
Rescue District through the legislative process.
Meeting Date: 04/25/2017
Prepared by:
Title: Operations Analyst, Senior – Capital Project Planning, Impact Fees, and Program Management
Name: Paula Fleishman
04/03/2017 10:20 AM
Submitted by:
Title: Operations Coordinator – Office of Management and Budget
Name: Valerie Fleming
04/03/2017 10:20 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 04/05/2017 9:20 AM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 04/06/2017 3:33 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/10/2017 10:32 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/13/2017 9:32 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/17/2017 10:07 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into this day of
2017, by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, Florida, as the governing body of Collier County (the "County"), and the GREATER
NAPLES FIRE RESCUE DISTRICT, an independent special district of the State of Florida (the
"District").
RECITALS:
WHEREAS, the Florida Interlocal Cooperative Act of 1969, Florida Statutes, Section
163.01 (the "Interlocal Act"), authorizes the joint exercise of any power, privilege or authority
which the public agencies involved herein might exercise separately; and
WHEREAS, the East Naples Fire Control and Rescue District and the County entered into
an interlocal agreement related to the collection of impact fees by the County on September 15,
1990 (the "ENFCD Agreement") and the Golden Gate Fire Control and Rescue District and the
County entered into an interlocal agreement related to the collection of impact fees by the County
on January 16, 1990 (the "GGFCD Agreement"); and
WHEREAS, the District(s) is an independent fire control and rescue district created and
existing under the laws of the State of Florida, particularly Chapter 2014-240, Laws of Florida, as
amended (the "Special Act"), and has all powers and authorities enumerated therein and in
Chapters 189 and 191, Florida Statutes; and
WHEREAS, the Special Act merged the East Naples Fire Control and Rescue District and
the Golden Gate Fire Control and Rescue District into the Greater Naples Fire Rescue District
(GNFD) upon referendum approval, which was received on November 4, 2014; and
WHEREAS, pursuant to Section 6 of the Special Act, all contracts on the date of enactment
remained in full effect and their validity are not affected by the merger in to the District; and
WHEREAS, the Greater Naples Fire Rescue District was expanded to include the Isles of
Capri MSTU area known as Fiddler's Creek in accordance with Chapter 2015-188, Laws of
Florida; and
Page 1 of 6
WHEREAS, the Greater Naples Fire Rescue District was expanded to include the
Collier County Fire MSTU area known as Naples Reserve in accordance with Chapter 2015-189,
Laws of Florida; and
WHEREAS, the Greater Naples Fire Rescue District was expanded to include the Isles of
Capri MSTU area in accordance with Chapter 2016-261, Laws of Florida; and
WHEREAS, the Greater Naples Fire Rescue District was expanded to include the Collier
County Fire MSTU area known as Collier County District One in accordance with Chapter 2016-
262, Laws of Florida; and
WHEREAS, pursuant to Section 5.06 of Article V, Finances, of Section 4 of the Special
Act, the District is authorized to assess and collect impact fees pursuant to Chapter 191, Florida
Statutes; and
WHEREAS, pursuant to Section 191.009(4), Florida Statutes, the District "may establish
a schedule of impact fees in compliance with any standards set by general law for new construction
to pay for the cost of new facilities and equipment, the need for which is in whole or in part the
result of new construction" within its boundaries; and
WHEREAS, pursuant to Resolution 2016- 10, adopted by the District's Board of Fire
Commissioners on September 28th, 2016, effective September 28th, 2016 (the "Resolution"), the
District established impact fees for new construction within its boundaries; and
WHEREAS, neither the Interlocal Act, Florida Statutes, nor the Special Act requires
collection of the impact fees by the County; however, in the spirit of cooperation, and the parties'
mutual desire to maintain an efficient building permit process, the District and the County agree
to the collection of impact fees under the terms of this Agreement; and
WHEREAS, pursuant to Section 163.31801, Florida Statutes, the District is limited in the
administrative charges for the collection of impact fees to actual costs.
NOW, THEREFORE, in consideration of the premises and for good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged by both parties, the parties
hereby agree as follows:
Page 2 of 6
All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. This Interlocal Agreement (hereinafter this "Agreement") is entered into pursuant
to the provisions of Section 163.01, Florida Statutes. Terms and words used in this Agreement
shall have the meanings set forth in the Resolution, a copy of which is attached to this Agreement.
The County hereby agrees to assist and cooperate with the District in collecting the
District's impact fees imposed within the District's boundaries in a manner consistent with the
Resolution, as same may be modified from time -to -time. District shall give County at least thirty
(30) days prior written notice of any amendment, modification, or other change to the Resolution,
including but not limited to changes in the rates of impact fees to be assessed, and any changes to
the District's boundaries.
4. The County shall require, prior to and as condition to the issuance of a building
permit, the payment to the County of the impact fee imposed by the Resolution. All impact fees
collected by the County during a calendar month shall be remitted by the County to the District,
with interest earned on such fees, prior to the fifteenth (15th) working day following the last day
of the calendar month in which such impact fees are collected.
5. The District hereby directs the County to classify the building permits and collect
all impact fees based upon the following definitions;
"Dwelling shall mean a building designed for or the primary purpose of which is
for residential occupancy, and which consists of one or more rooms which are arranged, or used
as living quarters for one or more persons. Each unit of any multi -family structure, whether it be
a duplex, triplex, cooperative apartment or condominium or similar type structure shall be
considered and constitute a residential dwelling unit as required by the District Special Act.
"Commercial Structure" shall mean a building designed for or whose primary purpose is for
commercial occupancy, and which consists of one or more rooms which are arranged, designed
or used for commercial activities. Motels, hotels, shopping centers, churches, nursing homes,
hospitals, congregate living facilities (not otherwise classified as a dwelling unit), schools,
fraternal lodges, veteran's lodges, or similar type structures shall be considered commercial
structures as required by the District Special Act.
Page 3 of 6
"Industrial Structure" shall mean a building designed for or whose primary purpose is for
industrial activities and which consists of one or more rooms which are arranged, designed or
used for industrial activities.
"Living Area" shall be defined as that area of any structure that is covered by a roof.
"Permitted Living" shall be defined as 25% of the area covered by the individual lots of a
mobile home development.
"Developer" shall mean the permit applicant or the person on behalf of whom the permit is being
requested, as applicable.
"Usable Area" shall mean all areas covered by a roof.
6. Each party shall 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 inspections shall be made upon reasonable notice and at reasonable
times and place.
7. To reimburse the County for the costs incurred in the collection of the impact fees
pursuant to this Agreement, the County shall separately invoice the District for an amount equal
to percent (1%) of the total impact fees collected by the County on behalf of the District during
each calendar month. The invoice for such reimbursed costs shall be forwarded prior to the
fifteenth (15th) working day following the last day of the calendar month in which such impact
fees are collected. The District shall pay to the County the full amount of such invoice fifteen (15)
working days after receipt of the invoice. The amount paid by the District shall not be a deduction
from impact fees. Both parties acknowledge the amount of such reimbursement is equal to the
actual cost incurred by the County in the collection of the District's impact fees, including any
increase to the County in bonding or surety costs resulting from the handling of these additional
monies, as required by Section 163.31801, Florida Statutes.
8. This Agreement shall commence as of the date first above written and shall
continue on a month-to-month basis until either party gives the other parry thirty (30) days prior
written notice, sent by certified mail, return receipt requested, that it wishes to terminate the
Agreement. As of such date, the ENFCD Agreement and the GGFCD Agreement are terminated
and of no further force or effect.
Page 4 of 6
9. In the event that the County is uncertain as to its obligations or procedures pursuant
to this Agreement, the County may request in writing and the District shall respond, within ten
(10) calendar days of District's receipt of the written request, providing the County with written
direction on such interpretation or procedure with the District's understanding that the County
shall rely on such written direction.
10. The District agrees to indemnify the County for and hold the County harmless from
all costs, fees, damages, judgments or liability of any kind that result from the County's
performance of its obligations herein, done in accordance with either the Resolution or any written
directions given by the District to the County pursuant to this Agreement. The County agrees to
indemnify the District for and hold the District harmless from all costs, fees, damages, judgments
or liability of any kind which result from (1) the sole negligence of the County in charging or
collecting the impact fees; or (2) from a judicial determination that the District is not authorized
to pay the County the administrative fee separate from the impact fees collected as set forth in this
Agreement or that the payment of such administrative fee is prohibited by the Enabling Act or
circumvents the provisions set forth therein authorizing the collection of the impact fees. Except
as specifically set forth in this paragraph, neither the County nor the District shall have any
responsibility or requirement to indemnify or hold harmless the other.
11. All notices required under this Agreement shall be in writing and shall be sent
addressed to the party at the address as stated below, or at such other address notice of which said
party may provide in writing from time to time:
For the County: Office of the County Manager
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to: Development Services Director
2800 North Horseshoe Drive
Naples, Florida 34104
With a copy to: Office of the County Attorney
3301 Tamiami Trail East
Naples, Florida 34112
For the District: Greater Naples Fire Rescue District
14575 Collier Blvd
Naples, FL 34119
Page 5 of 6
12. This Agreement shall be effective for all building permits issued after execution of
this Agreement by the parties, and this Agreement shall further confirm and ratify the collection
of all impact fees, which have been collected by the County on behalf of the District.
13. Time is not of the essence of this Agreement.
14. This Agreement shall constitute the entire Agreement among the parties with
respect to the subject matter hereto. Any amendment, modification, or extension of this Agreement
shall be in writing and shall be signed by all the parties to this Agreement.
15. This Agreement shall be construed in accordance with the substantive laws of the
State of Florida.
16. This Agreement may be executed in multiple counterparts, any of which shall be
deemed to be an original, but all of which shall constitute one and the same instrument.
17. Neither this Agreement, nor the rights or obligations hereunder, may be assigned
or delegated in whole or in part. If any party waives a breach of this Agreement by any other party,
that waiver shall not operate or be construed as a waiver of later similar breaches.
IN WITNESS, WHEREOF, the parties hereby have executed the foregoing Interlocal
Agreement the day and year first above written.
ATTEST:
Dwight E. Brock, Clerk
, Deputy Clerk
Approved as to form and legal sufficiency
for the County:
Jeffrey A. Klatzkow
Assistant County Attorney
Collier County Board of County
Commissioners
CHAIRPERSON
Greater Naples Fire Rescue District
��/ Q"X'/
JEFF A
CHAIRMAN
Page 6 of 6
Underlined text is added; Struck through text is deleted
ORDINANCE NO. 2017-_______
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, NO. 2001-13, AS AMENDED); PROVIDING FOR THE
REMOVAL OF THE ISLES OF CAPRI FIRE DISTRICT; AMENDING
SCHEDULE FIVE OF APPENDIX A, WHICH IS THE FIRE IMPACT
FEE RATE SCHEDULE; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR CONFLICT AND SEVERABILITY.
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, on April 21, 1998, the Board of County Commissioners adopted Ordinance
No. 98-30 providing for the imposition of impact fees on all fire system impact construction
occurring within the Isles of Capri; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County’s then existing impact fee regulations, and consolidating all of the
County’s impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the “Code”); and
WHEREAS, on October 26, 2010, the Board of County Commissioners adopted
Ordinance No. 2010-41 amending the Fire Impact Fee Rate Schedule thereby establishing the
current rates;
WHEREAS, the Isles of Capri Fire District MSTU area was added to the Greater Naples
Fire Rescue District through the legislative process on March 25, 2016, and on August 30, 2016,
was approved by a majority vote of those qualified electors residing within the area being
transferred from Collier County to the Greater Naples Fire Rescue District;
WHEREAS, Greater Naples Fire Rescue District is now authorized to assess impact fees
within the area previously known as the Isles of Capri Fire District and will determine the
amount of impact fees to be charged. The County has agreed to collect the fees for the District
per an Interlocal Agreement.
Underlined text is added; Struck through text is deleted
Page 2 of 4
WHEREAS, staff recommends that the Board of County Commissioners adopt this
Ordinance to implement the recommended changes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article III, Special Requirements for Specific Types of Impact Fees, Section
74-309. Same - Fire Impact Fee, of the Collier County Code of Laws and Ordinances is hereby
amended to read:
Section 74-309. same - Fire Impact Fee.
***
(b) Purpose.
***
(2) The board specifically finds that future growth within the Isles of Capri Fire District
and the Ochopee Fire District should contribute its fair share to the cost of improvements and
additions to the fire facilities that are required to accommodate the use of such facilities within
the districts.
***
(c) Limitation on applicability. Notwithstanding the general applicability provisions set forth in
section 74-103, fire impact fees shall be limited as follows:
(1) For purposes of the fire impact fees, development shall include only development on
lands within the Isles of Capri Fire District and the Ochopee Fire District as described below.
***
SECTION TWO. Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances is hereby amended as set forth in the attachment to this Ordinance.
Underlined text is added; Struck through text is deleted
Page 3 of 4
SECTION THREE. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such, and the word
“ordinance” may be changed to “section,” “article,” or any other appropriate word.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall be considered adopted upon the date written below, subject to filing
with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _____ day of ___________, 2017.
ATTEST BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA
By: ______________________________ By: ______________________________
, Deputy Clerk PENNY TAYLOR, Chairman
Approved as to form and legality:
_____________________________
Jeffrey A. Klatzkow
County Attorney
1
0 0 I 562 0 02 I FO
4.,0, 1 420090 1990 OCT -2 PM 2: 43
COLLIER COUNTY RECORDED
OR BOOK PAGE
SEPTEMBER 25, 1990
REC Z N T E R L O C A L A G R E E M E N T
DOC
INT..
IND......- THIS INTERLOCAL AGREEMENT is entered into this 4-S ay ofJ
1990, by and between Collier County, a political
p. subdivision of the State of Florida, hereinafter referred to as
n the "COUNTY", and the East Naples Fire Control and Rescue
t
District, an independent special district of the State of
Florida, hereinafter referred to as the "DISTRICT".i;
a.
WHEREAS, the Interlocal Cooperation Act of 1969 set forth
in Chapter 163, Florida Statutes, authorizes the joint exercise
of any power, privilege or authority which the public agencies
involved herein might exercise separately; and
WHEREAS, the Legislature enacted Chapter 89-454, Laws of
Florida, which added Section 25 to Chapter 61-2034, Laws of
Florida, to authorize the imposition and collection of impact
fees for capital improvement on new construction within the
boundaries of the DISTRICT; and
WHEREAS, Chapter 89-454, Laws of Florida, has taken effect
as a result of its approval by a majority vote of those
qualified electors of the East Naples Fire Control and Rescue
l,....
rJJ District voting in a referendum held on September 4, 1990; and
WHEREAS, the District Special Act does not require col-
lection of the impact fees by the COUNTY. However, in the
spirit of cooperation, and the parties mutual desire to
t010'
3 maintain an efficient building permit process, the DISTRICT and
the COUNTY agree to the collection of impact fees under the
terms of this AGREEMENT;
NOW, THEREFORE, in consideration of the premises and for
V good and valuable consideration, receipt of which is hereby
acknowledged by both parties, the parties hereby agree, stipu-
late and covenant as follows:
r
1. This Interlocal Agreement (hereinafter the
11\'
AGREEMENT") is entered into pursuant to the provisions of
Section 163.01, Florida Statutes. Terms and words used in this
AGREEMENT shall have the meaning set forth in Section 25,
r
1 SEPTEMBER 25, 1990
1 n01562 002 1 4 1
OR BOOKl PAGE
Chapter 61-2034, Laws of Florida, as amended, (the "District
Special Act") , unless the content clearly otherwise requires.
2. The COUNTY hereby agrees to assist and cooperate with
the DISTRICT in collecting the DISTRICT'S impact fees imposed
within the boundaries of the East Naples Fire Control and
i,
Rescue District legally described in Section 1 of Chapter
61-2034, Laws of Florida, as amended.
n 3. The COUNTY shall require, prior to and as condition
4' . to the issuance of. a building permit, the payment to the COUNTY
of the impact fee imposed by the District Special Act. All
impact fees collected by the COUNTY during a calendar month
X;*+;` ,shall be remitted, with interest earned on such fees, by the
t;•; ! COUNTY to the DISTRICT prior to the 15th working day following•
the last day of the calendar month in which such impact fees
are collected.
4. The DISTRICT hereby directs the COUNTY to classify
t' the building permits and collect all impact fees based upon the
following definitions:
Dwelling Unit" shall mean a building designed for or the
primary purpose of which is for residential occupancy, and
which consists of one or more rooms which are arranged, or
used as living quarters for one or more persons. Each
unit of any multi-family structure, whether it be a
duplex, triplex, cooperative apartment or condominium or
similar type structure shall be considered and constitute
a residential dwelling unit as required by the District
Special Act.
Commercial Structure" shall mean a building designed for
i ,. or whose primary purpose is for commercial occupancy, and
4:; which consists of one or more rooms which are arranged,
0.4.i% designed or used for commercial activities. Motels,4. •ft
hotels, shopping centers, churches, nursing homes,
S" hospitals, congregate living facilities (when not part of
r "°% an actual residence) , schools, fraternal lodges, veterans
lodges, or similar type structures shall be considered
000 PAcl 175
a 2 -
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002I42
r,,', 0 0 I 5 6 2
y
A'' ' OR BOOK PAGE
SEPTEMBER 25, 1990
Fk.
commercial structures as required by the District Special
Act.
Industrial Structure" shall mean a building designed for
r..., or whose primary purpose is for industrial activities and
which consists of one or more rooms which are arranged,
designed or used for industrial activities.
Living Area" shall be defined as that area of any
structure that is covered by a roof.
Permitted Living Area" shall be defined as 25% of the
area covered by the individual lots of a mobile home
development.
4.'
rt, Developer" shall mean the permit applicant or the person
on behalf of whom the permit is being requested, as
applicable.
Usable Area" shall mean all areas covered by a roof. 1 •
5. Pursuant to the District Special Act the DISTRICT
hereby directs and the COUNTY hereby agrees that the COUNTY
shall not issue to any person a building permit for new
residential dwelling units or new commercial or industrial
structures to be located within the DISTRICT, or issue con-
struction plan approval in the form of building permits for new
mobile home developments to be located within the DISTRICT,
until the developer thereof shall have paid the applicable
impact fee to the COUNTY on behalf of the DISTRICT in accor-
dance with this AGREEMENT.
6. Pursuant to the District Special Act the DISTRICT
hereby directs the COUNTY to assess and collect the impact fees
F .' in the following amounts:
a) Each new residential dwelling unit: $.15 per square
foot of living area.
b) New commercial or industrial structures:m, 30 per
square foot of usable area.••
c) New Mobile home developments: $.15 square foot of
permitted living area.
The impact fee to be collected pursuant to this Section
may be reduced by 50% if the owner (developer) of the permitted
000-((((
3 -
carer 176
SEPTEMBER 25, 1990
1 ; 001562 002143
OR BOOKlye
t
structure will install fire sprinklers in accordance with NFPA PA G E
13 and NFPA 13D where applicable. Only full sprinkler coverage
is eligible for this reduction. This fee may further be
reduced pursuant to paragraph seven of this agreement.
7. The DISTRICT Board of Fire Commissioners shall
determine the maximum amount of impact fees to be assessed in
any one fiscal year. This determination shall be made prior to
the immediately succeeding fiscal year and shall be
communicated in writing to the COUNTY. However, should the
DISTRICT board authorize the collection of impact fees in an
amount less than the maximum allowable in the District Special
Act, then these fees shall be uniform in each type of new
construction subject to the fee. The DISTRICT board's
r`.•.r,`, determination of the amount of the impact fee to be assessed in
any one fiscal year shall be based on the requirements set
forth in the District Special Act.
8. The DISTRICT and the COUNTY shall have the reciprocal
sa
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 inspections
shall be made upon reasonable notice and at reasonable times
and place.
9. To reimburse the COUNTY for the costs incurred in the
collection of the impact fees pursuant to this AGREEMENT, the
COUNTY shall separately invoice the DISTRICT for an amount
equal to one and one-half percent (1 1/2%) of the total impact
fees collected on behalf of the DISTRICT during each calendar
month. The invoice for such reimbursed costs shall be
forwarded prior to the 15th working day following the last day
i of the calendar month in which such impact fees are collected.
The DISTRICT shall pay to the COUNTY the full amount of such
invoice within fifteen (15) working days after receipt of the
invoice. The amount paid by the DISTRICT shall not be a
deduction from impact fees. Both parties acknowledge the t
C.
3:c
4 amount of such reimbursement is equal to the cost incurred by
the COUNTY in the collection of the DISTRICT'S impact fees,
4(
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0 0 I 5 6 2 002144
3 x.
OR BOOK PAGE
SEPTEMBER 25, 1990
s,"',including any increase to the COUNTY in bonding or surety costs
k resulting from the handling of these additional monies.
10. This AGREEMENT shall be for an initial term from the
date of its execution through September 30, 1991. T:.is initial
term shall be automatically renewed for additional one year
0 terms commencing October 1 of each year and terminating
September 30 of the succeeding year; provided, however, that
h - either party may at any time terminate this AGREEMENT upon
thirty (30) days prior written notice to the other party by
n,. certified mail, return receipt requested.
11. In the event that the COUNTY in good faith is
uncertain as to its obligations or procedures pursuant to this
AGREEMENT or the District Special Act, the COUNTY may request
in writing and the DISTRICT shall respond, within ten (10)
t; y calendar days, providing the COUNTY with written direction on
fi yI
such interpretation orj• p procedure with the DISTRICT'S
4
understanding that the COUNTY shall rely on such written
yk direction.f
12. The DISTRICT agrees to indemnify the COUNTY for and
hold the COUNTY harmless from all costs, fees, damages,
judgments or liability of any kind which result from the
111, COUNTY'S performance of its obligations herein, done in
accordance with any written directions given by the DISTRICT
to the COUNTY pursuant to this AGREEMENT. The COUNTY agrees to
Y indemnify the DISTRICT for and hold the DISTRICT harmless fromo
zall costs, fees, damages, judgments or liability of any kind
which result from (1) the sole negligence of the COUNTY in
charging or collecting the impact fees or (2) from a judicial
determination that the DISTRICT is not authorized to pay the
r;.',': COUNTY the administrative fee separate from the impact fees
collected as set forth in Paragraph 9 of this AGREEMENT or that
the payment of such administrative fee isypym prohibited by the
i.
000 PA._17S
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t X01562
ct .:'
002145
OR BOOK SEPTEMBER 25, 1990
District Special Act or circumvents the provisions set forth
E
therein authorizing the collection of the impact fees. Except
as specifically set forth in this Paragraph, neither the COUNTY
nor the DISTRICT shall have any responsibility or requirement
z to indemnify or hold harmless the other.
13. All notices required under this AGREEMENT shall be
directed to the following offices:
For the COUNTY: Office of the County Managerr:2;
3301 Tamiami Trail, East
or Naples, Florida 33962
r<
With a copy to: Development Services Director
s`.• 2800 North Horseshoe Drive
Naples, Florida 33962
For the DISTRICT: East Naples Fire Control and
rY,,, ' Rescue District
k:. Attn: Chief Wayne Martin
v,' 4798 Davis Boulevard
Naples, Florida 33962
14. This AGREEMENT shall be effective for all building
permits issued after execution of this AGREEMENT by the COUNTY
and the DISTRICT and this AGREEMENT shall further confirm and
ratify the collection of all impact fees which have been
collected by the COUNTY on behalf of the DISTRICT.
IN WITNESS WHEREOF, the parties hereto have executed the
AC fIN", oregoing INTERLOCAL AGREEMENT the day and year below.
1 .;
A 'TEBT: iii . BOARD OF COUNTY COMMISSIONERS
TAMES C. GILE,S,. Clerk COLLIER COUNTY, FLORIDA
t,By. ,/"
r . ,I°.
a.e.-. By:IL a211111:
4, 1#
4 Cler MAX A. HAS , JR. , /.irman
Approved as to form and
l'egal SuBi;Ciency:
80 i-'— Y 110. --------
1 ' ''''Richard D. Yov ownvich
Assistant County Attorney
Witnesses:EAST NAPLES FIRE CONTROL AND
s 'RESCUE DISTRICT
4
r
bar MR.V ti I N
Y,4. 37_____,,,, ,:L.—L-
Thomas G. Cannon, C airman of
the Board of Ffre Commissioners
r .,; Date: za. qo
rdy/Mps31
2. OQO Pos._17J1 1....1,,.,..,•,1
co„,,„rnjur( rLORIDAIAMrqCCILISfIrRK
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406 / 10 JAN 17 A118:39 '' I.8 ;01967
•
/COLLIER
COUNTYRECORDED OR BOOK PAGE.
Z., o
I N T E R L O C A L A G R E E M E N T
THIS INTERLOCAL AGREEMENT is entered into this L/.,= day of
1990, by and between Collier County, a political
subdivision of the State of Florida, hereinafter referred to as
the "COUNTY", and the Golden Gate Fire Control And Rescue
District, a body corporate and politic, hereinafter referred to as
the "DISTRICT".
WHEREAS, the Interlocal Cooperation Act of 1969 set forth in
Chapter 163, Florida Statutes, authorizes the joint exercise of
any power, privilege or authority which the public agencies
involved herein might exercise separately; and
WHEREAS, the Legislature enacted Chapter 88-512, Laws of
Florida, which amended Article V, Section 1 of Chapter 87-498,
Laws of Florida, to authorize the imposition and collection of
impact fees for capital improvement on new construction within the
boundaries of the DISTRICT; and
WHEREAS, Chapter 88-512, Laws of Florida, has taken effect as
•
a result of its approval by a majority vote of those qualified
electors of the Golden Gate Fire Control And Rescue District
voting in a referendum held on November 8, 1988; and
WHEREAS, the District Special Act does not require collection
of the impact fees by the COUNTY but the COUNTY is agreeable to
assisting the DISTRICT with the collection of such impact fees
under the terms of this AGREEMENT;
NOW THEREFORE, in consideration of the premises and for •good
and valuable consideration, receipt of which is hereby acknow-
P
ledged by both parties, the parties hereby agree, stipulate and
covenant as follows:
l..
1. This Interlocal Agreement (hereinafter the "AGREEMENT")
�
is entered into pursuant to the provisions of Section 163.01,
Florida Statutes. Terms and words used in this AGREEMENT shall
{,
!�<
have the meaning set forth in Section 1(5), Article V, Chapter
87-498, Laws of Florida, as amended, (the "District Special Act"),
unless the content clearly otherwise requires.
1
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• 11 FJ I 49� ilQ 196II
t OR BOOK PAGE
2' -
0
2. The COUNTY hereby agrees to assist and cooperate with the
DISTRICT in collecting the DISTRICT'S impact fees imposed within
the boundaries of the Golden Gate Fire Control And Rescue District
under the terms and conditions set forth in this AGREEMENT.
3. The COUNTY shall require, prior to and as a condition to
the issuance of a building permit, the payment to the COUNTY of
the impact fee imposed by the District Special Act. All impact
fees collected by the COUNTY during a calendar month shall be
remitted, with interest earned on such fees, by the COUNTY to the
DISTRICT prior to the 15th working day following the last day of
the calendar month in which such impact fees are collected.
4. The DISTRICT hereby directs the COUNTY to classify the
building permits and collect all impact fees based upon the
following definitions:
"Dwelling Unit" shall mean a building designed for or the
primary purpose of which is for residential occupancy, and
which consists of one or more rooms which are arranged, or
used as living quarters for one or more persons. Each unit
•
of any multi -family structure, whether it be a duplex,
triplex, cooperative apartment or condominium or similar type
structure shall be considered and constitute a residential
dwelling unit as required by the District Special Act.
"Commercial Structure" shall mean a building designed for or
whose primary purpose is for commercial occupancy, and which
consists of one or more rooms which are arranged, designed or
used for commercial activities. Motels, hotels, shopping
centers, churches, nursing homes, hospitals, congregate
living facilities (when not part of an actual residence),
schools, fraternal lodges, veterans lodges, or similar type
structures shall be considered commercial structures as
required by the District Special Act.
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(" "0 I 1:98( 00 t 969
•
OR BOOK PAGE
"Industrial Structure" shall mean a building designed for or
whose primary purpose is for industrial activities and which
consists of one or more rooms which are arranged, designed or
used for industrial activities.
"Living Area" shall be defined as that area of any structure
that is covered by a roof.
"Permitted Living Area" shall be defined as 25% of the area
covered by the individual lots.
"Person" shall mean an individual, a corporation, a partner-
ship, an incorporated association, or any other similar
entity.
"Developer" shall mean the permit applicant or the person on
behalf of whom the permit is being requested, as applicable.
"Usable Area" shall mean all areas covered by a roof and
within enclosed walls.
5. Pursuant to the District Special Act the DISTRICT hereby
directs and the COUNTY hereby agrees that the COUNTY shall not
issue to any person a building permit for new residential dwelling
•
units or new commercial or industrial structures to be located
within the DISTRICT, or issue construction plan approval in the
form of building permits for new mobile home developments to be
located within the DISTRICT, until the developer thereof shall
have paid the applicable impact fee to the COUNTY on behalf of the
DISTRICT in accordance with this AGREEMENT.
6. Pursuant to the District Special Act the DISTRICT hereby
directs the COUNTY to assess and collect the impact fees in the
following amounts:
(a) Each new residential dwelling unit: $.15 per square
foot of living area.
(b) New commercial or industrial structures: $.30 per
square foot of usable area.
(c) New mobile home developments: $.15 per square foot of
permitted living area.
3 - .
4. _
� 11014980 001970
•
OR BOOK PAGE
The impact fee to be collected pursuant to this Section may
be reduced by 50% if the owner (developer) of the permitted
structure will install fire sprinklers in accordance with NFPA
pamphlet 13.
7. The DISTRICT and the COUNTY shall 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 inspections shall be
made upon reasonable notice and at reasonable times and place.
8. To reimburse the COUNTY for the costs incurred in the
collection of the impact fees pursuant to this AGREEMENT, the
COUNTY shall separately invoice the DISTRICT for an amount equal
to one percent (1%) of the total impact fees collected on behalf
of the DISTRICT during each calendar month. The invoice for such
reimbursed costs shall be forwarded prior to the 15th working day
following the last day of the calendar month in which such impact
fees are collected. The DISTRICT shall pay to the COUNTY the full
amount of such invoice within ten (10) working days after receipt
of the invoice. The amount paid by the DISTRICT shall not be a
deduction from impact fees. Both parties acknowledge that the
amount of such reimbursement is equal to the cost incurred by the
COUNTY in the collection of the DISTRICT'S impact fees, including
any increase to the COUNTY in bonding or surety costs resulting
from the handling of these additional moneys.
9. This AGREEMENT shall be for an -initial term from the date
of its execution through September 30, 1990. This initial term
shall be automatically renewed for additional one year terms
commencing October 1 of each year and terminating September 30 of
the succeeding year; provided, however, that either party may at
any time terminate this AGREEMENT upon thirty (30) days prior
written notice to the other party by certified mail, return
receipt requested.
4. _
(I r; 1 498 .)0 1 97 1
OR BOOK PAGE
y 5'
•
10. In the event that the COUNTY in good faith is uncertain
as to its obligations or procedures pursuant to this AGREEMENT or
the District Special Act, the COUNTY may request and the DISTRICT
shall respond, within ten (10) calendar days, providing the COUNTY
with written direction on such interpretation or procedure with
the DISTRICT'S understanding that the COUNTY shall rely on such
written direction.
11. The DISTRICT agrees to indemnify the COUNTY for and hold
the COUNTY harmless from all costs, fees, damages, judgments or
liability of any kind which result from the COUNTY'S performance
of its obligations herein, done in accordance with any written
directions given by the DISTRICT to the COUNTY pursuant to this
AGREEMENT. The COUNTY agrees to indemnify the DISTRICT for and
hold the DISTRICT harmless from all costs, fees, damages,
judgments or liability of any kind which result from (1) the sole
negligence of the COUNTY in charging or collecting the impact fees
or (2) from a judicial determination that the DISTRICT is not
authorized to pay the COUNTY the 1% administrative fee separate
from the impact fees collected as set forth in Paragraph S of this
AGREEMENT or that the payment of such administrative fee is
prohibited by the District Special Act or circumvents the
provisions set forth therein authorizing the collection of the
impact fees. Except as specifically set forth in this Paragraph,
neither the COUNTY nor the DISTRICT shall have any responsibility
or requirement to indemnify or hold harmless the other.
12. All notices required under this AGREEMENT shall be
directed to the following offices:
For the COUNTY: Office of the County Manager
3301 Tamiami Trail, East
Naples, Florida 33962
With a copy to: Development Services Director
3301 Tamiami Trail, East
Naples, Florida 33962
For the DISTRICT: Golden Gate Fire Control & Rescue
District
Attn: Chief Norman Hatcher
4741 Golden Gate Parkway
Naples, Florida 33999
y 5'
•
A
•
l�
u
101498 001972
OR BOOK PAGE
13. This AGREEMENT shall be effective for all building
permits issued after execution of this AGREEMENT by the COUNTY and
the DISTRICT and this AGREEMENT shall further confirm and ratify
the collection of all impact fees which have been collected by the
COUNTY on behalf of the DISTRICT.
IN WITNESS WHEREOF, the parties hereto have executed the
foregoing INTERLOCAL AGREEMENT the day and year below.
ATTEST:
JAMES C. GILDS, Clerk
x
Approved as to form and
legal sufficiency:
Kenneth B. Cu r
County Attorney
Witnesses:-------------
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
MAX A. HASSE, JR., Chaithan
Date:C��
GOLDEN GATE FIRE CONTROL AND
RESCUE DISTRICT
j
MARVIN STEFFEN, Chairman of
the District Board
Date: `
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