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R-2014-11 CITY OF CLERMONT RESOLUTION NO. 2014-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE THIRD AMENDMENT TO THAT CERTAIN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLERMONT AND LAKE COUNTY ACCEPTING A $1,800,000 GRANT FROM LAKE COUNTY FOR THE PRESERVATION OF NATURAL AND HISTORIC RESOURCES; PROVIDING FOR THE TRANSFER OF THE CITY'S ABANDONED SPRAYFIELD PROPERTY TO THE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO RECEIVE THE GRANT AND TO TRANSFER THE PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clermont, Lake County, Florida, that: SECTION 1. The City Council does hereby approve and accept the Third Amendment to that certain agreement for the acceptance of a $1,800,000 natural and historic preservation grant from Lake County and the transfer to the County of approximately 141 +/- acres of real property owned by the City and formerly used as a sprayfield, subject to the conditions contained in the Agreement and all Amendments thereto. SECTION 2. The Mayor is authorized and directed to enter into the Third Amendment to the Interlocal Agreement attached hereto as Exhibit `A' and the City Manager is authorized to execute any and all documents necessary to complete the grant process and transfer of property as set forth therein. SECTION 3. This Resolution shall take effect immediately upon its adoption. 1 CITY OF CLERMONT RESOLUTION NO. 2014-11 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida`this\25th day of March 2014. ,;'' ' `'�, CITY OF CLERMONT 'N41., i ! ,t't mlt �` ! •—t<• /LL•I " ' � arold S. Turville, Jr. � ' F e P, '' . 0vt-l? Mayor ATTEST: -`\ • Alw Tracy Ackroyd, City Cle Approved as to form and legality: AO" ..,1,411A10 i �antzaris, • r THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLERMONT AND LAKE COUNTY,FLORIDA REGARDING GRANT FOR THE PRESERVATION OF NATURAL AND HISTORIC RESOURCES This is a Third Amendment to an Interlocal Agreement by and between the CITY OF CLERMONT,FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "City") and LAKE COUNTY, FLORIDA, a political subdivision of the State of Flonda,by and through its Board of County Commissioners(hereinafter"County"). WITNESSETH: WHEREAS, the Florida Interlocal Cooperation Act of 1969, §163.01, et. seq., Florida Statutes, encourages local government units to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage; and WHEREAS, in March 2013, the parties entered into a Second Amended to the Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Historic Resources regarding property described in Exhibit A (hereinafter "Clermont Property"),attached hereto and incorporated herein. NOW, THEREFORE, for and in consideration of the mutual terms, understandings, conditions, promises, covenants and payments hereinafter set forth, and intending to be legally bound, the parties agree that the following provisions shall be added to the Interlocal Agreement dated January 9, 2007 as amended in April, 2008 and March 2013 (hereinafter"Interlocal Agreement"), as follows: I. RECITALS. The foregoing recitals are true and correct and incorporated herein. H. AMENDMENT. The following provisions of this Third Amendment shall be added to and supplemental to the Interlocal Agreement. Nothing in this Third Amendment shall supersede the provisions of the Interlocal Agreement unless this amendment specifically so states. A. Paragraph N.B., of the Second Amendment provided that City would deliver a Statutory Warranty Deed for the Clermont Property free and clear of all hens. The title search indicated that there is a lien in favor of the U.S. Environmental Protection Agency in the amount of approximately$267,500.00. B. City is diligently working with the U.S. Environmental Protection Agency to get the lien released,but the parties wish to go forward with the transfer m advance of such release. C. The Second Amendment is therefore amended to authorize transfer of the Clermont Property with the U.S. Environmental Protection Agency lien encumbering the property. D. The Second Amendment is further amended to provide that the County obligation to provide reimbursement of City's Expenses for the Conservation Property shall be reduced by$267,500.00,the amount of the U.S. Environmental protection lien Should such lien be released, this paragraph shall terminate and the County will be responsible for the full One Million Eight Hundred Thousand Dollar ($1,800,000.00) provided for in the Second Amendment. III. EFFECTIVE DATE. The Effective Date of this Third Amendment is the date it is last executed by any of the parties. Thud Amendment to Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Histonc Resources. IV. TERMINATION. If any party hereto terminates this Third Amendment under any of the applicable provisions, this Third Amendment shall be terminated, and all parties shall be relieved of all obligations set forth herein All other provisions of the Interlocal Agreement shall remain m full force and effect. V. MODIFICATION. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a wntten document executed with the same formality and of equal dignity therewith. VI. INCORPORATION. This Third Amendment incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understanding applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understanding concerting the subject matter of this agreement that are not contained in this document. VII. SCOPE OF AGREEMENT. This Third Amendment is intended by the parties to be the final expression of their agreement, and it constitutes the full and entire understanding between the parties with respect to the subject of this Third Amendment, notwithstanding any representations, statements, or agreements to the contrary heretofore made. This Third Amendment repeals and replaces any prior representations, statements,or agreements concerning the subject of this agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Third Amendment on the respective dates under each signature: County through its Board of County Commissioners, sigmng by and through its Chairman, authorized to execute same by Board action on the 2) day of 1\1\cvr.—C—/ 2014; and City throligh its Mayor, authonzed to execute same by City Commission action on the o?5'1day of mar d..h ,2014. COUNTY -,'t ` LAKE COUNTY through its BOARD N�>ta -J OF fiia. Y ' •MMISSIONERS ,ATTE$T: --` • l" ' y`` J mmy onner ! IYe del` `,C =r$of t hard his_, day of /aJk ,2014. .of Cott ry d'd ssi' ers i f ' e;,I,ake Cori�ty; londa' r' 3 Approved• s tdt. t and!egahty: 1r Sanford A. ' inkoff County Attorney S\DOCUMENT\2014\COUNTY PROPERTY\Proposed Regional Park Property\Thud Amendment\Interlocal w Clermont 03-10-14 2 Third Amendment to Interlocal Agreement betneen the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Histonc Resources CITY CITY OF CLERMONT,FLORIDA ATTEST - 'arold Turville,Jr. Mayor Tracy Ackroyd • Thisc3q-Cday of , 2014. City Clerk Ap • • • 1r • legality: Daniel F.Mantzaris City Attorney f. fi,jfa�Ot ;1.i; . � 5 .e' 9F it S\DOCUMENT\2014\COUNTY PROPERTY\Proposed Regional Park Pro \Thud Amendment\Interlocal w Clermont 03-10-14 3 PAY I + t •` Third Amendment to Interlocal Agreement between the City of Clermont and Lake County regarding Grant for the Preservation of Natural and Histonc Resources EXHIBIT A-PAGE-1 OF 1 (Clermont Property Description) DESCRIPTION ALL THAT PART OF TRACTS 54, 55, AND 60 OF SECTION 21, TOWNSHIP 22 SOUTH. RANGE 25 EAST, AND THAT PART OF TRACTS 5 AND 6 OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST, ACCORDING TO THE PLAT OF GROVELAND FARMS AS RECORDED IN PLAT BOOK 2, PAGES LO AND 11, PUBUC RECORDS OF LAKE COUNTY, FLORIDA, NOT LYING WITHIN THE BOUNDS OF THE FOLLOWING DESCRIPTION THAT PART OF SECTIONS 21 AND 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS BEGIN AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA. AND RUN THENCE NORTH 01'13'38 9" WEST ALONG THE EAST LINE OF SAID SECTION 719 82 FEET, THENCE SOUTH 89'21'54 9" WEST 566 36 FEET,_THENCE SOUTH 82'24'48 8" WEST 337 44 FEET, THENCE NORTH 79'59'29 2" WEST 1156 55 FEET, THENCE SOUTH 0'55'12 8" EAST 268 25 FEET, THENCE SOUTH 89'42'53 2" WEST 660 FEET. THENCE SOUTH 0'55'12 B" EAST 34 79 FEET; THENCE SOUTH 28'00' EAST 296 89 FEET, THENCE SOUTH 48'00' EAST 482 11 FEET, THENCE SOUTH 62'41'50 9" EAST 314 23 FEET. THENCE SOUTH 13'33'14 4" WEST 145 FEET. THENCE SOUTH 1711'06 2" EAST 291 11 FEET, THENCE SOUTH 5711'36 5" EAST 231 3 FEET, THENCE NORTH 88'56'48 8" EAST 1686 7 FEET TO A POINT ON THE EAST LINE OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST, THENCE NORTH 0'02'50 2" EAST ALONG SECTION LINE 678 71 FEET TO THE POINT OF BEGINNING AND THAT PART OF SECTIONS 21 AND 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS BEGIN AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, AND RUN THENCE NORTH 0113'38 9" WEST ALONG THE EAST UNE OF SAID SECTION 719 82 FEET, THENCE SOUTH 89'21'54 9" WEST 566.36 FEET, THENCE SOUTH 82'24'48 8" WEST 337 44 FEET, THENCE NORTH 79'59'29 2" WEST 1156 55 FEET, THENCE SOUTH 0'55'12 8" EAST 268 25 FEET, THENCE SOUTH 89'42'53 2" WEST 660 FEET, THENCE SOUTH 0'55'12 8" EAST 34 79 FEET, THENCE SOUTH 28'00' EAST 296 89 FEET. THENCE SOUTH 48'00' EAST 482 11 FEET, THENCE SOUTH 62'41'50 9" EAST 314.23, THENCE SOUTH 13'33'14 4" WEST 145 FEET, THENCE SOUTH 17'11'06 2" EAST 291,11 FEET, THENCE SOUTH 57'11'36 5" EAST 231.3 FEET, THENCE NORTH 88'56'48 8" EAST 1686 7 FEET TO A POINT ON THE EAST LINE OF SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST; THENCE NORTH 0'02'50 2" EAST ALONG SECTION UNE 678 71 FEET TO THE POINT OF BEGINNING AND - TRACT 12, GROVELAND FARMS. SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST, AND BEGIN 275 FEET NORTH OF THE SOUTHEAST CORNER OF TRACT 9. GROVELAND FARMS, SECTION 28, TOWNSHIP 22 SOUTH, RANGE 25 EAST, RUN THENCE NORTH TO THE NORTHEAST CORNER OF THE SAID TRACT 9, RUN THENCE WEST TO THE NORTHWEST CORNER OF TRACT 11, RUN THENCE SOUTH TO THE SOUTHWEST CORNER OF TRACT 11, RUN THENCE EAST 645 FEET, RUN THENCE NORTH 10 FEET, RUN THENCE EAST TO A POINT 196 FEET WEST OF THE EAST LINE OF TRACT 9, RUN THENCE NORTHEASTERLY TO THE POINT OF BEGINNING, ALL IN GROVELAND FARMS, SECTION 28, TOWNSHIP 22 SOUTH. RANGE 25 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGES 10 AND 11, PUBLIC RECORDS OF LAKE COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACTS 5, 6, 7 8, 11. 12, 54. 55. 57, 58, 59, 60 AND A PORTION OF TRACTS 9, 10 AND 56 AND CERTAIN INTERNAL RIGHTS OF WAY TO THOSE TRACTS. ACCORDING TO THE PLAT OF 'GROVELAND FARMS' AS RECORDED IN PLAT BOOK 2, PAGES 10 AND 11, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA AND LYING IN SECTIONS 21 AND 28. TOWNSHIP 22 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21. THENCE SOUTH 88'45'43" WEST ALONG THE SOUTH LINE OF SECTION 21 FOR 12 00 FEET TO THE SOUTHEAST CORNER OF AFORESAID TRACT 57 AND TO THE POINT OF BEGINNING, THENCE NORTH 01'13'39" WEST ALONG THE EASTERLY BOUNDARY OF SAID TRACT 57 AND THE EASTERLY BOUNDARY OF AFORESAID TRACT 56 FOR 719 95 FEET TO THE NORTHERLY BOUNDARY OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 783, PAGE 960 PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, THENCE ALONG SAID NORTHERLY BOUNDARY THE FOLLOWING TWO (2) COURSES RUN SOUTH 89'21'55" WEST FOR 554 36 FEET, THENCE SOUTH 82'24'49" WEST FOR 98 87 FEET TO THE EASTERLY BOUNDARY OF AFORESAID TRACT 55, THENCE NORTH 0113'10" WEST ALONG SAID EASTERLY BOUNDARY FOR 609 45 FEET TO THE NORTHERLY BOUNDARY OF SAID TRACT 55, THENCE SOUTH 88'52'08" WEST ALONG SAID NORTHERLY BOUNDARY AND THE NORTHERLY BOUNDARY OF AFORESAID TRACT 54 FOR 1329 01 FEET TO THE WESTERLY BOUNDARY OF SAID,TRACT 54, THENCE SOUTH 01'12'11" EAST ALONG SAID WESTERLY BOUNDARY FOR 663 39 FEET TO THE NORTHERLY BOUNDARY OF AFORESAID TRACT 60, THENCE SOUTH 88'48'55" WEST ALONG SAID NORTHERLY BOUNDARY FOR 652 60 FEET TO THE WESTERLY BOUNDARY OF SAID TRACT 60; THENCE SOUTH 0111'42" EAST ALONG SAID WESTERLY BOUNDARY FOR 664 00 FEET TO THE NORTHWEST CORNER OF AFORESAID TRACT 5. THENCE SOUTH 00'58'43" EAST ALONG THE WESTERLY BOUNDARY OF SAID TRACT 5 AND THE WESTERLY BOUNDARY OF AFORESAID TRACT 12 FOR 134159 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT 12, THENCE NORTH 89'04'20" EAST ALONG SAID SOUTHERLY BOUNDARY AND THE SOUTHERLY BOUNDARY OF AFORESAID TRACT 11 FOR 1293 77 FEET TO THE EASTERLY BOUNDARY OF SAID TRACT 11, THENCE NORTH 00'29'08" WEST ALONG SAID EASTERLY BOUNDARY FOR 10 00 FEET, THENCE NORTH 89'04'20" EAST ALONG A LINE 1000 FEET NORTHERLY OF WHEN MEASURED AT RIGHT ANGLE TO THE SOUTHERLY BOUNDARY OF_AFORESAID TRACTS 10 AND 9 FOR 1121 83 FEET TO A POINT 196 00 FEET WESTERLY OF THE EAST LINE OF SAID TRACT 9, THENCE NORTH 36'09'49" EAST FOR 33217 FEET TO A POINT ON THE EASTERLY BOUNDARY OF TRACT 9 LYING 275 00 FEET NORTHERLY OF THE SOUTHEAST CORNER OF TRACT 9. THENCE NORTH 00'00'08" EAST ALONG THE EASTERLY BOUNDARY OF SAID TRACT 9 AND THE EASTERLY BOUNDARY OF AFORESAID TRACT 8 FOR 1081 04 FEET TO THE POINT OF BEGINNING CONTAINING 141 53 ACRES, MORE OR LESS A/K/A Alt Keys 1103231, 2546204, 1029392, 1029406 S\DOCUMENT\2014\COUNTY PROPERTY\Proposed Regwnal Park Property\Third Amendment Umerlocal w Clermont 03-10-14 4 ■ IMPORTANT TERMS AND CONDITIONS DELIVERY OF GOODS AND/OR PERFORMANCE OF SERVICES SHALL CONSTITUTE ACCEPTANCE OF ALL TERMS, CONDITIONS AND PRICES AS SHOWN ON THIS PURCHASE ORDER, OR ATTACHED TO OR REFERRED TO, AND WHICH ARE MADE A PART HEREOF BY REFERENCE,AS FULLY AND TO THE SAME EXTENT AS IF COPIEDAT LENGTH HEREIN IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE,THE VENDOR/SELLER MUST NOTIFY THE CONTRACTING OFFICER LISTED ON THE FACE OF THIS DOCUMENT UPON RECEIPT OF THIS PURCHASE ORDER BEFORE ANY DELIVERY IS MADE OR SERVICE PERFORMED 1 All terms and conditions of this purchase order shall become part of the contract between the Lake County Board of County Commissioners,(County)and the Vendor/Seller The Vendor's/Seller's different or additional terms will never become part of this contract 2 The content,terms and conditions of this order may not be modified by any verbal understanding No modification in price,delivery, method or schedule,quantity,quality,specifications or any other term of this contract will be effective unless agreed to in writing and signed by the Contracting Officer or Procurement Services Director 3 Title shall pass to the County only after delivery and acceptance of the conforming goods at the designated location Notwithstanding any agreement to pay freight or transportation charges,the risk of loss or damage in transit shall be upon the Vendor/Seller Delivery shall not be complete until the-goods and/or services have been received,inspected,and accepted by the County 4 Collect shipments will not be accepted In the event that the County agrees on the face of this document to pay freight or transportation charges,all such charges shall be fully prepaid by the Vendor/Seller and included on the invoice A copy of the original freight bill shall be included with the invoice 5 The Vendor/Seller warrants that the goods and/or services supplied hereunder will be of good workmanship and of proper materials,free from defects and in accordance with specifications If the Vendor/Seller knows the County's intended use,the Vendor/Seller warrants that the goods and/or services are suitable for the intended use 6 Except to the extent Federal law is applicable,the interpretation,effect,and validity of this contract shall be governed by the laws and regulations of the State of Florida,and the Lake County Board of County Commissioners Venue of any court action shall be in Lake County, Florida In the event that a suit is brought for the enforcement of any term of this contract,or any right arising therefrom the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit 7 In accordance with the Federal Code and Florida Statute, it is the Vendor's/Seller's duty to provide the most current Material Safety Data Sheet for any toxic or hazardous product with the delivery 8 INVOICING Each invoice shall contain the following minimum requirements/information in order to be processed for payment A Name of vendor and remittance address of vendor(i e,where payment is to be submitted), B Date, C Lake County Purchase Order number, D Quantity of items shipped or delivered, Item description, Unit price, Extended price for each item, E Total amount of invoice, F For invoices involving the purchase of services, 1 Itemized description of services performed, 2 Date services were completed, 3 Billing methods for services performed`(hourly rates, percentage of completion,direct costs,etc), 4 Itemization of other direct reimbursement costs G ALL INVOICES MUST BE SUBMITTED IN DUPLICATE TO THE BILLING ADDRESS LISTED ON THE FRONT Failure to send the invoice to the correct address will delay payment H Reminders to Vendor 1 The total amount of goods and services on this Purchase Order cannot exceed the TOTAL amount on the face of this document including any freight or shipping costs 2 PARTIAL PAYMENTS MAY BE MADE ON A PREAPPROVED EXCEPTION BASIS ONLY Back orders will be accepted on this Purchase Order, but,will not be paid until the entire order is received and accepted 3 The Lake County Board of County Commissioners is exempt from State of Florida Sales and Use Tax and Federal Excise Tax The Florida State Sale Tax Exemption certificate number is noted on the face of this document I If you have any questions on this order,please contact the Contracting Officer listed on the face at 352 343 9839 Rev 08/2006