2012-26 -----
INTERLOCAL AGREEMENT BETWEEN
LAKE COUNTY, FLORIDA AND
THE CITY OF CLERMONT FOR
SOUTH LAKE TRAIL PROJECT
THIS INTERLOCAL AGREEMENT is made by and between Lake County, Florida, a
political subdivision of the State of Flonda, hereinafter the "COUNTY," and the City of
Clermont, a municipal corporation organized under the laws of the State of Flonda, hereinafter
the "CITY; "'for ownership and maintenance of a portion of the South Lake Trail
WHEREAS, the CITY owns certain real property more particularly depicted in Exhibit
A, attached hereto and incorporated herein by reference, hereinafter the "City Property "; and
WHEREAS, the COUNTY owns certain CSX right -of -way as more particularly depicted
in Exhibit B, attached hereto and incorporated herein by reference, hereinafter the "CSX right-
of-way"; and
WHEREAS, the Project will provide a multi -use trail route through the City Property
and alongside the west side of Lake Minneola, from the intersection of CR 565A & CR561
(AKA Lake Minneola Shores) to Lake Minneola Dnve, and
WHEREAS, the COUNTY will construct the South Lake Trail at no cost to the CITY
depending upon available funding; and
WHEREAS, the COUNTY and the CITY are desirous of entering into this Interlocal
Agreement for the purpose of transferring ownership and maintenance of the South Lake Trail
depicted in Exhibit A to the CITY.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings,
conditions, premises, covenants and payment hereinafter set forth, and intending to be legally
bound, the parties hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and incorporated herein
by reference.
2. COUNTY Obligations.
A. The COUNTY shall be solely responsible for construction and inspection of the
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2011/Engmeermg/South Lake Trail Clermonthnterlocal l -20 -12
Project m accordance with the preferred alignment approved by the COUNTY and the CITY and
as depicted in Exhibit A.
B. The COUNTY shall transfer all applicable CSX right -of -way under the County's
control to the city upon final completion and acceptance of the Project, as shown on Exhibit B
The County shall retain forty (40) feet from the centerline of CR 561 for road nght of way
3. CITY Obligations.
A. The CITY shall permit the COUNTY a Right of Entry to access the City Property
identified in Exhibit A for the purposes of constructing the South Lake Trail. This Right of
Entry shall include the right to ingress /egress, construction, and any necessary, temporary use of
the property required to construct the trail. Upon completion of the Project, this Right of Entry
shall cease
B. Upon completion of the construction of the portion of the South Lake Trail
depicted in Exhibit A, the CITY shall take over all ownership and maintenance responsibilities,
with the exception of the portion of the trail that traverses over the bridge as depicted on Exhibit
A. The COUNTY'S Engineer shall notify the CITY in writing of the date that ownership and
maintenance shall transfer to the CITY.
C. The CITY agrees and acknowledges that a portion of the trail nght -of -way is
encumbered by a fifty foot (50') easement to CSX Transportation, Inc., and other covenants and
that CITY takes ownership subject to such easement and covenants. The easement and
covenants are contained within the Quit Claim deed between CSX and the COUNTY, recorded
in Official Record Book 4104, Page 824, public records of Lake County, Florida.
D. As this project is Federally funded, the CITY shall maintain the trail in perpetuity
through the City Property to provide a continuous link and connection to the COUNTY owned
and maintained trail sections along CR 561A.
4. Termination. Either party shall have the right to terminate this Agreement for
cause with thirty (30) days wntten notice to the other so long as construction of the Project has
not commenced. Once construction commences, this Agreement cannot be terminated unless
mutually agreed upon by the parties.
5. Modifications. Unless otherwise specified herein, no modification,
amendment, or alteration of the terms or conditions contained herein shall be effective unless
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2011/Engineenng/South Lake Trail Clennont/interlocal 1 -20 -12
contained in a wntten document executed by the parties hereto, with the same formality and of
equal dignity herewith
6. Notices.
A. All notices, demands, or other writings required to be given or made or sent in
this Agreement, or which may be given or made or sent, by either party to the other, shall be
deemed to have been fully given or made or sent when in wnting and addressed as follows:
COUNTY CITY
- " County Manager CITY Manager
P.O. Box 7800 685 West Montrose Street
Tavares, Florida 32778 Clermont, Flonda 34711
cc: Engineering Director
P.O. Box 7800
Tavares, Florida 32778
B All notices required, or which may be given hereunder, shall be considered
properly given if (1) personally delivered, (2) sent by certified United States mail, return receipt
requested, or (3) sent by Federal Express or other equivalent overnight letter delivery company.
C The effective date of such notices shall be the date personally delivered, or if sent
by certified mail, the date the notice was signed for, or if sent by overnight letter delivery
company, the date the notice was delivered by the overnight letter delivery company
D. Parties may designate other parties or addresses to which notice shall be sent by
notifying, in writing, the other party in a manner designated for the filing of notice hereunder
7. Entire Agreement. This document embodies the entire agreement between the
parties. It may not be modified or terminated except as provided herein.
8. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, it shall be considered deleted here from, and shall not
invalidate the remaining provisions.
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2011/Engineering /South Lake Trail Clermont/mterlocal 1 -20 -12
IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal
Agreement on the respective dates under each signature. Lake County, through its Board of
County Commissioners, signing by and through its Chairman, authorized to execute same by
Board action on the day of - P , 2012 and by the City of Clermont signing
by and through its duly authorized representative
COUNTY
, : .
- ';ATTEST: BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA
_ '1/4-\-"\--41111'- ANN►
Neil e11 C rk.of th Lesh ampione, Chairman
Boar of ounty Com t�i ners
of Lake County, Florida This 2 6 day of , 2012.
Approved as o Form Legality:
Sanford A. Minkoff
County Attorney
CITY
r" + By �,_
,:�; , ,.f, , Na . I; Tr.
r ' Title: me or
- r s - ATT. ST: This l ay of m G,rcK , 2012.
, - ., ■ or 46,41.,...4.1Al
- CITY , "elk
Approve e . s to Form `and Legality:
A s .....
rr..;sw�
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2011/Engrneenng/South Lake Trail Clermont/interlocal_1 -20 -12
R
I— vg = EXHIBIT "A"
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I CR 565A g. — .
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BEGIN CITY
OWNERSHIP &
MAINTENANCE
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CITY PARK � .•,
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TO BE TRANSFERRED
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s� TO CITY OF CLERMONT
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PROPOSED TRAIL ''+
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SECTION TOWNSTIP RANGE LAKE COUNTY N `
DEPARTMENT OF PUBLIC WORKS/
14,23 22 25 ENGMCFR;NOGWE N :RIONTOE%%ERECTION W +E SOUTH LAKE TRAIL
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- 5 —
2011/Engmeenng/South Lake Trail Clermonthnterlocal 1 -20 -12
\`i !\ EXHIBIT "B"
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BEGINNING OF TRANSFERRING
y . \ RR PARCELS TO CLERMONT
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{ � � y I I A / MINNEOLAD LAKE
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` / r I ' . i A T O BE TRANSFERRED! 1 I '_ I I , r ' ` I
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SECTION TOWNStIP RANGE LAN COUNTY N
DEPARTMENT OF PUBLIC WORKS/
14,23 22 25 ENGINEERING INVIMON /RIGHT OE WAY SECTION yv SOUTH LAKE TRAIL
fwx DkrYi tLkNIttre4+kYl;e1.1=G1l! CLERMONT PARCELS
A.A. bku 1.1:7111 W . ... kAO, M.werAt s..Ow P.. CBmpn...,e0 i,.W S
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2011/Englneenng/South Lake Trail Clermont/Interlocal 1 -20 -12