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2013-51 INTERLOCAL AGREEMENT it E VV EE17 LAKE COUNTY,FLORIDA AND THE CITY OF CLERMONT F's R C.R.565A ROUNDABOUT PROJECT THIS IS AN INTERLOCAL AGREEMENT by and between Lake County, Florida, a political subdivision of the State of Florida,hereinafter the"County,"and the City of Clermont, a municipal corporation organized under the laws of the State of Florida,hereinafter the"City,"for the maintenance of the CR 565A Roundabout Project. WHEREAS, Section 163.01,Florida Statutes,provides that local governments may enter into interlocal agreements to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, Section 335.0415, Florida Statutes, provides that jurisdiction or maintenance responsibilities of public roads may be transferred between jurisdictions by mutual agreement; and WHEREAS, the County is bidding the South Lake Trail construction which is a multi- use trail which traverses the City's Inland Groves Property; and WHEREAS, the City is improving CR 565A by constructing a roundabout with landscaping, streetlighting and special pavers, at the entrance to the Inland Grove's Property hereinafter the"Project"; and WHEREAS, the City has also provided plans to revise the alignment of the trail in the vicinity of the roundabout; and WHEREAS, the parties are desirous of entering into this Interlocal Agreement for the purpose of transferring maintenance responsibilities of the roundabout to the City. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings, conditions, premises, and covenants 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. 1 2. City Obligations. A. The City shall be solely responsible for funding, construction and mspection of the Project in accordance with the plans entitled City of Clermont Inland Groves Roundabout, Addendum No. 2 04.19.2013, signed and sealed by the engineer on April 16, 2013. The final plans and specifications shall be incorporated by reference upon approval of the County. B. The City has also provided plans for the realignment of the trail in the vicinity of the Project entitled Lake County Public Works Engineering Division South Lake Trail Phase III-A Project No. 2013-03, Addendum No. 2 04.19.2013, signed and sealed by the engineer on April 11,2013. C. Upon completion of the construction of the Project, the City shall be solely responsible for maintaining the roundabout and associated improvements, including but not limited to pavement, curb, mowing of the grass, planting, maintaining, and replacing median landscaping, including any associated trees and shrubs, repairing and maintaining irrigation equipment, if any, and maintaining, repairing, or replacing any damaged street lighting. The City shall also maintain installed or constructed brick or special paving within the roadway. The City shall also maintain the trail realigned through City property as well as the remainder of the trail as contemplated in an Interlocal Agreement between Lake County and the City of Clermont for the South Lake Trail Project executed by the City on March 27, 2012, and by the County on April 26, 2012. 3. County Obligations. The County shall have the ability to enter upon the right- of-way at any time, without consent of the City, when necessary to maintain, repair, or replace any portion of the pavement, associated drainage and stormwater system or other improvements installed within the right of way of CR 565A. The County shall additionally also have the right to remove any portion of the streetscaping or landscaping that interferes with the paved roadway, stormwater or drainage system; provided, however, the County shall provide the City with fifteen (15) days advanced written notice prior to the removal of such paving, streetscaping or landscaping so long as there is not an immediate threat to the public safety. Upon receipt of the notice, the City shall have ten (10) days to advise the County if the City will timely remove the paving, streetscaping or landscaping. The County shall pay for the realignment of the trail, exclusive of the Project roundabout construction. 2 4. Bidding and Award: The County shall bid the South Lake Trail and has included the City Project as an alternate for bidding in order for the city to receive bids. The County has also included the trail realignment in the bid. The County shall award the South Lake Trail project as a base project bid. The County will provide the city with the bid results for the City Project. The City shall review the bid and has the right to award the roundabout Project to the County's awarded contractor. Should the city choose to use the County's awarded contractor, the City shall sign its own contract with the County's contractor. In the interest of time,the City shall sign its contract for the Project no later than 30 days after the County Notice to Proceed to contractor is issued. If the city chooses not to use the County's contractor,then the city shall wait until the county job is completed to begin construction of the City Project, unless authorized by the County Engineer. 5. Termination. Either party shall have the right to terminate this Interlocal for cause with thirty (30) says written notice to the other so long as the construction of the Project • has not commenced. Once construction commences,this Agreement cannot be terminated unless mutually agreed upon by the parties. 6. Modifications. Unless otherwise specified herein, no modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties hereto, with the same formality and of equal dignity herewith. 7. 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 writing and addressed as follows: COUNTY CITY County Manager City Manager P.O. Box 7800 685 West Montrose Street Tavares,Florida 32778 Clermont,Florida 34711 cc: Engineering Director 437 Ardice Avenue Eustis,Florida 32726 3 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. 8. Entire Agreement. This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. 9. 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 mvalidate the remaining provisions. 10. Effective Date. This Agreement shall become effective upon the date the last party hereto executes it. 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 Rt4' day of ��+''� , 2013, and by the City of Clermont, Florida, through its City Commission, signing by its duly authorized representative, authorized to execute the same by action of the City Commission on the day of ,2013. (The remainder of this page intentionally left blank] 4 Interlocal Agreement between Lake County and the City ofClenmont relating to CR 565A Inland Groves Project Roundabout ATTEST: COUNTY • Nei' Kell Cl:. k of the l; Board of County Co„ ,ers, Leslie Campione, Chairman of Lake County,Florida Approved as to Form and Legality: Sanford A. Minkoff County Attorney CITY Tint Name: Title:r_z,per This day of 2013 ATTEST: City Clerk / Approved as to :44 II Lega i tt. .: 5 e LI f t[I L3 IT 4., CLERW ONT ROUNDABOUT LOCATED ON CR 551 A. ;IP yXr zz'r.y`, 'r �§It _t.. VAN „ l `` •,.'•4 '7.f 11-1 j! • t i / n - -'^,,4. 'Y[ f , '' 1 ice .. A P^ 4 + V , N i Ai is TATE OFF° ,tDA,(QUIJTY OF'-tAt(E Si HEREBY IFY that the,above and foregoing 6 ie a true of the 9..vin�i feted m this,office. ii= ! ;�N I��Ict LY,;CC rk Circuit Court ■ B , Ji .� uty Cierk By I ,� t Mf1wI ' °-�' J mar r__.rte