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Agenda 06/10/2008 Item #16A11 Agenda Item No. 16A 11 June 10, 2008 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute an amendment to the Interlocal Agreement, related to impact fees, between Collier County and the Golden Gate Fire Control and Rescue District, in order to provide consistency with the updated Firc Protection Impact Fees OBJECTIVE: That the Board of County Commissioners (Board) approve and authorize its Chairman to execute an amendment to the Interlocal Agreement, related to impact fees, with the Golden Gate Fire Control and Rescue District, in order to be consistent with the updated District Fire Protection Impact Fees. CONSIDERATIONS: The Interlocal Agreement, related to impact fees, between Collier County (County) and the Golden Gate Fire Control and Rescue District (District) provides for the collection of Golden Gate Fire Protection Impact Fees by the County and establishes the administrative fee to be retained by the County. The Agreement was executed in the early 1990s. An amendment to the Agreement has been prepared in order to reflect the updated Fire Protection Impact Fees that were adopted by the District. County staff and the County Attorney's Office have discussed the proposed Interlocal Agreement with Fire District staff and the attached document represents the consensus of all parties. The Interlocal Agreement has been signed by the officials of the District and returned to the County for approval of the Board, signature of the Chairman and recording in the Official Records of Collier County. FISCAL IMPACT: Collier County receives a I % administrative fee based on the impact fees collected on behalf of the District. Based on current permitting activity, the County anticipates the District will receive approximately $130,000 in Fire Protection Impact Fees this fiscal year. Therefore, the County will retain 1% of the $130,000 ($1,300) collecled in Fire District impact fees to fund the administrative costs related to the collection of the fees. The remaining impact fees are remitted to the Fire District in full as prescribed by the Interlocal Agreement. GROWTH MANAGEMENT IMPACT: Adoption of an amendment to the Interlocal Agreement will contribute toward ensuring that sufficient funds are available for capital improvement projects identified by thc Golden Gate Fire Control and Rescue District. Such projects are necessitated by growth and provide a direct benefit to County residents that pay the impact fees. LEGAL CONSIDERATIONS: The County Attorney worked with staff in the preparation of this Agreement, which is legally sufficient for Board consideration and approval. -JAK RECOMMENDATION: That the Board of County Commissioners approve and authorize its Chairman to execute an amendment to the Interlocal Agreement, related to impact fees, between Collier County and the Golden Gate Fire Control and Rescue District, in order to provide consistency with the updated Fire Protection Impact Fees. Prepared by: Amy Patterson, Impact Fee/Economic Development Manager Business Management and Budget Office, CDES Item Number: Item Summary: Meeting Date: Page 1 of I Agenda Item No. 16A 11 June 10, 2008 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A11 Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute an amendment to the Interlocal Agreement, related to impact fees, between Collier County and the Golden Gate Fire Control and Rescue District, in order provide consistency with the updated Fire Protection Impact Fees. 6/10/2008 9:00:00 AM Prepared By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 5/16/2008 2:33:21 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 5/20/2008 1 :30 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 5/28/20088:04 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 5/29/20088:53 AM Approved By Garrett Mullee Community Development & Environmental Services Financial Operations Manager Date Financial Admin. & Housing 5/29/20082:37 PM Approved By OMB Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 5/30/2008 9:05 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 6/2/20088:09 PM Approved By James v. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/3/20084:17 PM file://C:\AgendaTest\Export\ 1 09-June%20 1 0,%202008\ 16.%20CONSENT%20AGENDA \ 16... 6/4/2008 Agenda Item No. 16A 11 June 10, 2008 Page 3 of 4 FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT TO THE lNTERLOCAL AGREEMENT is entered into this _ day of 2008, by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, Florida, as the governing body of Collier County (the "County") and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, an independent special district of the State of Florida (the "District"). RECITALS: WHEREAS, the County and the District entered into an Interlocal Agreement on January 11, 1990 (hereinafter referred to as the "Interlocal Agreement"), a copy of which is attached hereto, related to the assessment and collection of impact fees by the County on behalf of the District; and WHEREAS, the Interlocal Agreement specified the then current impact fee rates to be assessed and collected by the County on behalf of the District; and WHEREAS, on February 8, 2006, the District adopted updated impact rates to be assessed for new construction within the District; and WHEREAS, the District and the County agree that the existing Interlocal Agreement should be updated to reflect the new impact fee schedule. 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 to the changes as follows: I. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Paragraph "6" of the Interlocal Agreement is hereby superceded and replaced by new paragraph "6," which reads as follows: "6. The District hereby directs the County to assess and collect the impact fees in the following amounts: (a) Each new residenlial dwelling unit: $0.25 per square foot of living area. (b) New commcrcial or industrial structures: $0.39 per square foot of usable area. (c) New mobile home developments: $0.25 per square foot of permitted living area. Page lof2 Agenda Item No. 16A11 June 10, 2008 Page 4 of 4 These rates may be modified from time-to-time by the District, which shall give the County at least 30 days prior written notice of any changes in the rates of impact fees to be assessed." 3. The District hereby agrees to observe and comply with all ordinances, laws and regulations of Collier County. 4. Except as amended, all other terms and conditions of the January 11, 1990 Interlocal Agreement remain in full force and effect. This Amendment and its provisions merge any prior agreements, if any, between the parties with respect to the matters set forth in this Amendment. 5. This Amendment shall be recorded by the County, at the expense of the County, in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Amendment by the County. IN WITNESS WHEREOF, the parties hereto have executed the foregoing First Amendment to the Interlocal Agreement the date and year first written above. ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: TOM HENNING, CHAIRMAN WIT,NfSSES: ^ ~. \"'~0 ~^\LQ~\ Signature () m.~ ,,-t r~'-~" 1YI e.v.\.....,\, ""\ Printed Name .j GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT By: ~ /t1 f11 '11,r/..-- t.\oO\"ks \II. '11\, 1l\o.I10f\. CHAIRMAN Ap ro suf ci legal County: Approved as to form and legal sufficiency for the District: Jeffr Chie Attorney for the Golden Gate Fire Control and Rescue District Page 2 of2