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.
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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.
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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
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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.
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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. .:
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