Loading...
INTERLOCAL AGREEMENT FOR MULTIMODAL IMPACT FEE COORDINATIONKEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2025275301 0912512025 02:13 PM OFF REC BK: 23307 PG: 1457-1491 DocType:AGM INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND LOCAL GOVERNMENTS FOR MULTIMODAL IMPACT FEE COORDINATION THIS INTERLOCAL AGREEMENT FOR MULTIMODAL IMPACT FEE COORDINATION ( "the Agreement"), is made and entered into this 18 day of September. 2025, by and between Pinellas County, a political subdivision of the State of Florida (the "County") and the Town of Belleair, the City of Belleair Bluffs, the City of Clearwater, the City of Dunedin, the City of Gulfport, the Town of Indian Shores, the City of Largo, the City of Madeira Beach, the Town of North Redington Beach, the City of Pinellas Park, the Town of Redington Beach, the Town of Redington Shores, the City of St. Pete Beach, the City of St. Petersburg, the City of Seminole, the City of South Pasadena, the City of Tarpon Springs, and the City of Treasure Island (individually as the "Municipality," collectively as the "Municipalities"), and jointly referred to from time to time throughout this Agreement as the "Parties". Recitals WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Florida Statutes § 163.01, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, the County established a countywide mobility management system pursuant to its home rule authority which governs 1) the process of managing transportation impacts of development projects and 2) the assessment, collection, and expenditure of multimodal impact fees, pursuant to Florida Statutes § 163.31801; and WHEREAS, the countywide multimodal transportation system consists of all transportation facilities and public rights-of-way, including roads, bridges, transit infrastructure, trails, and sidewalks that facilitate the movement of people and goods within the geographic boundaries of Pinellas County and provide connections to the broader region through a variety of travel choices; and WHEREAS, the County and the Municipalities recognize the importance of developing and maintaining a safe, efficient, and convenient multimodal transportation 1 system that has adequate capacity to meet the mobility needs of all users and promote and protect public health and safety; and WHEREAS, the County has established, as provided in Pinellas County Ordinance No. 16-21, that land development activities generate impacts to the multimodal transportation system and new development shall bear a proportionate share of the cost of capital expenditures for new or expanded multimodal transportation facilities required by such development in order to maintain adopted level of service standards and improve capacity of the countywide multimodal transportation system; and WHEREAS, Forward Pinellas, acting in its capacity as the Pinellas County Metropolitan Planning Organization, has adopted the Pinellas County Mobility Plan to replace local transportation concurrency management programs with a countywide system that provides local governments with the means to manage the traffic impacts of development projects and increase mobility for all roadway users through local site plan review processes and the use of multimodal impact fees to fund mobility improvements; and WHEREAS, the County has adopted a mobility management system designed to implement the Pinellas County Mobility Plan as outlined in Chapter 150 of the Pinellas County Land Development Code; and WHEREAS, Chapter 150, Article II of the Pinellas County Land Development Code (the "Multimodal Impact Fee Ordinance") establishes the processes by which the County and the Municipalities assess, collect, and expend multimodal impact fees (the "Impact Fees"); and WHEREAS, the County and the Municipalities share responsibility for collection of Impact Fees for developments that will generate additional traffic impacts to the countywide multimodal transportation system; and WHEREAS, Section 150-39 of the Pinellas County Land Development Code requires that no County or municipal certificate of occupancy, use permit, or occupational license for any activity requiring payment of the Impact Fee shall be issued unless and until the Impact Fee has been paid; 2 WHEREAS, Florida Statutes § 163.3180(5)(j) requires that counties and municipalities that charge developers of new developments or redevelopments a fee for transportation capacity impacts enter into an interlocal agreement to coordinate the mitigation of their respective transportation capacity impacts; and WHEREAS, though both the County and the Municipalities operate pursuant to the processes and procedures established by Chapter 150, Article II of the Pinellas County Land Development Code for the assessment, collection, and expenditure of Impact Fees, there is no interlocal agreement in place memorializing the cooperative mitigation of transportation impacts; and WHEREAS, both the County and the Municipalities wish to enter into this Agreement pursuant to Florida Statutes § 163.3180(5)(j) which will serve to memorialize their cooperative mitigation of transportation impacts. NOW THEREFORE, in consideration of the recitals above and the mutual covenants, promises; and representations herein contained, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: SECTION 1 RECITALS The above recitals are hereby incorporated fully into this Agreement as adopted findings of fact and intent. SECTION 2 IMPOSITION AND COLLECTION OF MULTIMODAL IMPACT FEES 2.1 Pursuant to Florida Statutes § 163.3180(5)(j)(4), Impact Fees are imposed countywide, including in the incorporated and unincorporated areas of the County, as provided in Section 150-49 of the Pinellas County Land Development Code. 2.2 Pursuant to Section 150-39 of the Pinellas County Land Development Code, any person who seeks a certificate of occupancy for land development activity or seeks to change a use by applying for issuance of a local business tax receipt, land use permit, development order or municipal equivalent thereof which will generate additional traffic shall be required to pay a multimodal impact fee in the manner and amount set forth by Chapter 150, Article II of the Pinellas County Land Development Code. 3 2.3 Pursuant to Florida Statutes § 163.3180(5)(j)(2), the County and the Municipalities agree that payment and collection of Impact Fees shall be collected by each Municipality, as part of the building and permitting processes of each Municipality as provided in Section 150-41 of the Pinellas County Land Development Code. The amount of the required Impact Fees shall be computed in the manner set forth in Section 150-40 of the Pinellas County Land Development Code. 2.4 Pursuant to Section 150-42 of the Pinellas County Land Development Code, each Municipality which collects and administers Impact Fee funds shall establish a trust account which shall be used exclusively for Impact Fees collected under the terms of Chapter 150, Article II of the Pinellas County Land Development Code. Pursuant to Section 150-43(e) of the Pinellas County Land Development Code, the fees shall be held by each Municipality until the end of the fiscal year in which collected. On the beginning of each new fiscal year (October 1), the Municipalities shall transfer one-half of all fees collected, and the interest accrued thereon, less the amount retained by each Municipality for administering the Impact Fee program, to the County for placement in the appropriate County Impact Fee trust account. The remaining one-half shall be deposited in the Municipalities' respective trust accounts. 2.5 The Municipalities and County shall use their respective share of the collected Impact Fees in a manner consistent with the provisions of Chapter 150, Article II of the Pinellas County Land Development Code. 2.6 The Municipalities and County agree that any new development or redevelopment shall not be charged twice for the same transportation capacity impacts. SECTION 3 NONPAYMENT OF MULTIMODAL IMPACT FEES The Parties agree that in the event of non-payment of Impact Fees by the feepayer, no certificate of occupancy, or other such license permit, or municipal equivalent requiring payment of an Impact Fee pursuant to Chapter 150, Article II of the Pinellas County Land Development Code shall be issued unless and until the Impact Fee has been paid. SECTION 4 REFUND Nothing in this Agreement alters the right of a fee payer to request refunds pursuant to Section 150-44 of the Pinellas County Land Development Code. SECTION 5 IMPACT FEE CREDITS Nothing in this Agreement modifies, waives, or alters the method for calculating the required Impact Fees pursuant to section 150-40 of the Pinellas County Land 4 Development Code, nor does it modify, waive, or alter the authority of each Municipality to approve alternative methods of calculation of Impact Fees and/or accept an offer by the feepayer to construct mobility improvements consistent with the comprehensive plan or other plans of the Municipality, or Forward Pinellas' LRTP, for credit against the assessed Impact Fee pursuant to Section 150-41 of the Pinellas County Land Development Code. SECTION 6 INDEPENDENT CALCULATION Nothing in this Agreement modifies or prevents the right of any feepayer to determine their multimodal impact by providing an independent fee calculation study pursuant to the provisions of Section 150-40(d) of the Pinellas County Land Development Code. SECTION 7 RIGHT-OF-WAY USE PERMITS; RIGHT-OF-WAY PERMITS Nothing in this Agreement modifies, waives, alters, or transfers County jurisdiction over the County Road System or the Municipalities' jurisdiction over their respective Municipal Road System or the ability to issue right-of-way permits or use permits for improvements to roads. SECTION 8 ENTIRE AGREEMENT This Agreement embodies all of the promises, covenants, agreements, conditions, and understandings between the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous communications, representations, inducements, and/or agreements, whether written or verbal, expressed or implied, between the Parties hereto, except as herein contained. SECTION 9 OFFICIAL NOTICE All notices, consents, approvals, waivers, and elections required by law or by this Agreement to be given by one party to the other shall be in writing and shall be sent to the following respective addresses: COUNTY: Pinellas County Housing and Community Development Glenn Bailey, Interim Director 310 Court Street Clearwater, FL 33756 gDailey(a7pinellascounty.orq 5 MUNICIPALITY: See Contact Information on Signature page SECTION 10 FILING WITH THE CLERK Prior to its effectiveness, this Agreement and any subsequent amendments thereto must be filed with the Clerk of the Circuit Court of Pinellas County pursuant to Florida Statutes § 163.01. The County shall be responsible for said filing and shall notify the Municipalities of the filing date. SECTION 11 EXECUTION, EFFECTIVE DATE, TERM AND TERMINATION 11.1 This Agreement may be signed in counterparts and will become effective as to each Municipality after execution and upon filing with the Clerk of the Circuit Court of Pinellas County in accordance with Section 10 and shall continue until terminated by either Party. 11.2 This Agreement may be terminated upon thirty (30) days written notice. In the event this Agreement is terminated, the Parties shall be subject to the requirements of Florida Statutes § 163.3180(5)(j)(4)(b). SECTION 12 NO WAIVER OF SOVEREIGN IMMUNITY Both the County and the Municipalities expressly retain all rights, benefits and immunities of sovereign immunity in accordance with Florida Statutes § 768.28, as amended from time to time. Notwithstanding anything set forth in any section of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature, and the cap on the amount and liability of the County or the Municipalities for damages, regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the County or the Municipalities, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. SECTION 13 APPLICABLE LAW This agreement shall be governed by the laws of the State of Florida. The Parties agree that venue of all legal and equitable proceedings related to disputes under this Agreement shall be situated in Pinellas County, Florida. 6 IN WITNESS WHEREOF, the Parties hereto, governed by the laws of Florida, have caused these presents to be executed by their duly authorized officers and their official seals hereto affixed, with an effective date as set forth in Section 11.1 above. PINELLAS COUNTY, FLORIDA, by and through its County Administrator: By: Barry A. don, County A ministrator APPROVED AS TO FORM By: Maria C. White, Esq. Office of the County Attorney 7 TOWN OF BELLEAIR By: /Ye/004ot, Print Name: Mike Wilkinson Title: Mayor ATTEST; ristine Nicole, Town Clerk Legal review: ay Daig ft" `zo\VN •%••1 rt1-4 LO1L%�gib eault, Town Attorney (MUNICIPAL SEAL) Contact Information for Notification Name: Gay Lancaster Title: Town Manager Address: 901 Ponce de Leon Blvd Belleair, FL 33756 Phone: (727)588-3769 ext 205 Email: glancaster©townofbelleair.net Wdh a copy to: Name: Jay Daigneault Title: Town Attorney Address: 1001 S. Ft. Harrison Ave #201 Clearwater, FL 33756 CITY OF BELLEAIR BLUFFS By:OslOdiv ttit— Print Name: VeSztik So 4 (LI a n Title: C t' t( AZ" out STS e .� . • • • • 1L ��lN1l11!l1t,,`,, Contact Information for Notification Name: i� 5chi 0a,c� Yule: C%k-s 4 rtknis N-k-oc- Address: of ON I& tA2F3 3�1`1l `avi» S -n tci 'fit 5, vc Phone: - Sgti- ats .__ N.0 t E-mafl A ar, a te_\\ctx,c'bkuC(5 mak- ctQv Countersigned: -i0,( Bruce Rector Mayor Approved as to form: Senior Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: Attest: Rosemarie CaII City Clerk CITY OF DUNEDIN i. By: --{ .., l' Print Name: Maureen "Moe" Freaney Title: Mayor (MUNICIPAL SEAL) Contact Information for Notification Name: Title: Michelle Wells Deputy City Clerk Address: City Hall 737 Louden Avenue Dunedin, FL 34698 Phone: 727-298-3035 E-mail: Michelle.Wells@bunedin.gov CITY OF GULFPORT By: (641,1//4)/. Print Name: James E. O'Rei ly Title: City Manager ATTEST Theresa M C Legal review: Clerk alzman, Esq. (MUNICIPAL S Contact Information for Notification Name: Mark Griffin Title: Planner II Address: 2401 53rd Street South, Gulfport, FL 33707 Phone: 727-893-1023 E-mail: mgriffin©mygulfport.us TOWN OF INDIAN SHORES By: Print Name: ask ; ,. s tk&1 r Title: f L? Q A ATT P. l ewz, 551 (MUNICIPAL SEAL) Contact Information for Notification Name: Title: Address: Phone: E-mail: 7` (t Cit_ t9Ws 6v If eldd t {DI ; ar` 61,uvres, Ft_ 3 37 as 1??- SRsr WA, o CITY OF LARGO By: �Z----- Print Name: Louis CWoodvl) L. Brown Title: Mayor ATTEST: 41 OF.. Diane Bruner', Legal review: Alan S. Zi y'�l ity Attorney (MUNICIPAL SEAL) Contact Information for Notification Name: Cheryl Reed Title: Community Development Director Address: P.O. Box 296, Largo, FL 33779-0296 Phone: (727)587-6700 Email: creed@largo.com With a copy to: Name: Alan S. Zimmet, B.C.S. Title: City Attomey Address: 400 N. Tampa St. Suite 1600, Tampa, FL 33602 CITY OF MADEIRA BEACH By: f , .Lt.u.. Print Name: A/1nr - t'YAA Title: 1)71a t'1 (fat&ATTEST: I1_,L �. - << /eN re, 4 r Legal review: (MUNICIPAL SEAL) Contact Information for Notification Name: R6 A;11 Cl'v rn.? z_ Title: (f ri j igkaincui r Address: 3N) t* u �� � t �� IN1-, (le. i 4tiairrai 3 (P4i i''( Phone: q.:Zr) k( E-mail: Z- ivt e)iL tax LakC .-P/, Icy TOWN OF RTH REDINGTON BEACH Print Name. 'SA-\ Sufi e Title: ac�., L_ ATTEST: Legal review: (MUNICIPAL SEAL) Contact Information for Notification Name: Macri aa.r.,beit Title: row r. l: t2 r-( Address: itd Atit e -a, 3311) 1 Phone: e; 1:4- 3P1U - `{" V r E-mail:-�Dwv,C-t¢r �o.AAcrchrb. CQ"'- +,toto rue` rreri `t PINE e.% CITY OF PINELLAS PARK = u ; Q 9�°� +.. i c Print Name: Sandra Bradbury 'r�'',,, gi OFi.........., .rH11ri1N Title: Mayor Print Name: Bart Diebold Title: City Manager Contact Information for Notification Name: Bart Diebold Title: City Manager Address: 5141 78th Avenue N Pinellas Park, FL 33781 Phone: 727-369-0704 Email: bdiebold©pinellas-park.com With a copy to: Name: Nick Colonna, AICP Title: Community Development Administrator Address: 6051 78th Avenue N Pinellas Park, FL 33781 TOR'OF RE \r By: Print Na .=: D&t,v+d (Ai ti 1 i GTON B A Title: '4&4o( t Y, (MUNICIPAL SEAL) Contact Information for Noti Ion Name: f driu-rt&. 1`ii ev f5 Tice: 1-O W r G1 e Address: toy iloU4'% Ave (Zed+oeN 3e&a- L 33io Phone: 14-1 31 1 317$ E-mail:.}. r Ci e rlL e.4viAll n a.f re_cl n9 fort b tach • Corn TOWN OF REDINGTON SHORES By: ATTEST: feciarZer-;124''_.(4ea,.- Legal review Robert Eschenfelder (MUNICIPAL SEAL) Contact Information for Notification Name: Margaret Carey Title: Interim Town Administrator Address: 17425 Gulf Blvd. Redington Shores, FL 33708 Phone:727-397-5538 E-mail:townadmin@redshoresfl.com CITY 0 , ST. PETE BEACH By: Print Name: Title: ATTEST: Legal review: C4-3 #31,17)r^. (MUNICIPAL SEAL) Contact Information for Notification Name: Frances Robustelli Title: City Mangaer Address: 155 Corey Ave. St. Pete Beach Phone: (727) 363-9231 E-mail: frobustelli@stpetebeach.org CITY F ST. PETERSBURG By: 1'f 15c! • Print Name: Kenneth T. Welch Title: Mayor Contact Information for Notification Name: Evan Mory Title: Transportation and Parking Management Director Address: 1 4th St N, St. Petersburg, FL 33701 Phone:(727)551-3322 E-mail:evan.morycstpete.org CITY OF SEMINO E By: Print Name: 4(471 Title: C 4 4 \j Marla jr (MUNICIPAL SEAL) Contact Information for Notification Name: AIVN T V)e f ---D � rL- Title: C- t _ 4y A -r) f 4 e r l" Address: qielq-- 11s Phone: 1 . 1 — ? '7 ' —2_0 I' E-mail: +a-11, fl j 4 t ( e /�%Z 6r%m i►241G, eO/it CITY OF SOUTH PASADENA By: A f-j/o, 40n.-/ Print Name: Title: Mayor ATTEST: (MUNICIPAL SEAL) Contact Information for Notification Name: Carley Lewis Title: City Clerk/Administrator Address: 7047 Sunset Drive South, South Pasadena, FL 33707 Phone:(727)347-4171 E-mail: ciewis@mysouthpasadena.com CITY OF TARPON SPRINGS By: Print Name: a oti., Kos l►o,nac Title: M aYa✓ (MUNICIPAL SEAL) Contact Information for Notification Name: jR e - eN V; ccw4 ll Title: 1lknekiny Zen i�'1_ �rtc'tt,r Address: 324 E. Vine. ''rte 1 rir' 53r$, t= L ILILeict Phone: -7 1-7. 9 j - 3711 r,d 2402. E-mail: R\I i nceNT e CTScl-bS CITY OF SU - IS ND By: Print Na ohn D e -or Title: MIL. Ni ATTEI 1114 1 .i.-40 ...-- AI Legal review. (MUNICIPAL SEAL) Contact Information for Notification Name: LI•sa.-I(ywrie. Ki+nr d rtle: G & L Address: 1. vd r uutc, 331Ol1 Phone: ctf - X258) E-mail: 1kcxiNc.c t., ri u��Ye UfC 1S lard .0-(09\ J J ,,,''c°%'r,i0r Y `C O.14, ilk-lc/lath P.Burke, Clerk of the Circuit Court and Clerk Ex-Otticio, • • • Botird o'kounty Commissioners, do hereby certify that the above and y ci{ =:..„ . • % esi i ley true and correct copy of the original as it appears in the �6 •". ,:r; .: official: If the Board of County Commissioners of Pi las County, . ; i m Flonlbt; l itn£ss my hand and seal of said County FL this day of ;. a; tester- 20 15 sF i'I�l;N9 P: SURKE, Clerk of the Circuit Court Ex -Officio Clerk aide BoatriofEotity Commiss • P. (las County, Florida, -+ ,.;ii.,.. _ p�'. nom. ,4T. 'r' (V"S e ' ..,,w.�•-0,0,\ . S CC:I(Or' ' •` Cie