2014-116 INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CLERMONT, FLORIDA
AND LAKE COUNTY, FLORIDA
FOR TRAFFIC SIGNAL FUNDING
THIS INTERLOCAL AGREEMENT is entered into by and between Lake County,
Florida, a political subdivision of the State of Florida (hereinafter the "COUNTY"), and the City
of Clermont, a Flonda Municipal Corporation(hereinafter referred to as"CITY").
WHEREAS, Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act
authorizes municipalities and counties to provide services and facilities through the use of
cooperative agreements for the mutual advantage of each governmental entity;
WHEREAS, the CITY by Council Resolution 2013-17 granted a Conditional Use Permit
for a development known as the Black West project;
WHEREAS, the Conditional Use Permit contains a requirement that the project
developer fund a traffic signal at the intersection of Hancock Road and Diamond Club Drive
(hereinafter the"Signal");
WHEREAS, Taylor Mornson Homes as the developer of the project has agreed to
provide to CITY the funds for the construction of the Signal; and
WHEREAS, CITY is willing to fund the construction of the Signal and COUNTY is
willing to accept the funding and complete or have completed the design, construction and
installation of the Signal, in accordance with the terms and conditions contained herein.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings,
conditions,promises and covenants set forth herein, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by
reference.
2. Payment of Funds to County. CITY shall pay to the COUNTY in exchange for
the faithful performance of COUNTY's obligations provided herein, the cost of design and
construction of the Signal, not to exceed ONE HUNDRED SEVENTY THOUSAND DOLLARS
($170,000). The funds shall be paid to the COUNTY within thirty (30) days of receipt by
County of bids for construction of the Signal.
3. Obligations of County. COUNTY shall design, construct and install a fully
operational Signal at the intersection of Hancock Road and Diamond Club Drive. The Signal
shall be completed and operational on or before December 31, 2015. Upon completion of the
Signal, CITY shall be responsive to maintenance and repair of the Signal.
4. Default and Opportunity to Cure. In the event of default of any of the terms and
conditions contained herein by COUNTY, CITY shall provide ninety (90) days written notice of
the event of a default, including specific information describing the nature of the default.
Thereafter, if COUNTY fails to correct the identified default on or before the expiration of
ninety (90) days from the receipt of notice, CITY may declare this agreement in default and
pursue any and all remedies available at law including,but not limited to, seeking recovery of all
funds paid hereunder to the COUNTY.
5. General Provisions.
A. Notice. Wherever provision is made in this Agreement for the giving, service or
delivery of any notice, statement or other instrument, such notice shall be in writing and shall be
deemed to have been duly given, served and delivered, if delivered by hand or mailed by United
States registered or certified mail, and addressed as follows:
COUNTY CITY
County Manager Darren Gray
315 West Main Street, Ste. 308 City Manager
P.O. Box 7800 685 West Montrose Street
Tavares, Florida 32778-7800 Clermont, Flonda 34711
Each party may change its mailing address by giving to the other party, by hand
delivery, United States registered or certified mail, notice of election to change such address.
B. Modification. 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.
C. Severance. The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in
all respects as if such invalid or unenforceable provisions were omitted.
D. Scope of Agreement. This Agreement 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 hereof, notwithstanding any representations, statements or
agreements to the contrary. This Agreement supersedes and replaces the Previous Agreements
between the parties.
E. Entire Agreement. This Agreement, together with any exhibits or attachments
hereto constitutes the entire agreement between the parties, and incorporates all discussions
between the parties. This Agreement may not be amended or modified except by a writing signed
by the party to be charged.
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F. Waiver. Failure of the parties to insist upon strict performance of any of the
covenants, terms, provisions, or conditions or this Agreement or to exercise any right or option
herein contained, shall not be construed as a waiver or a relinquishment for the future of any
such covenant, term, provision, or condition, or right of election, but same shall remain in full
force and effect.
G. Applicable Law, Venue, Jury Trial. The laws of the State of Florida shall govern
all aspects of this agreement. In the event it is necessary for either party to initiate legal action
regarding this agreement, venue shall lie in Lake County, Florida. The parties hereby waive their
right to trial by jury in any action, proceeding or claim, which may be brought by either of the
parties hereto arising out of this Agreement.
IN WITNESS WHEREOF, the parties, by and through their duly authorized
representatives, hereto have made and executed this Agreement on the respective dates under
each signature.
LAKE COUNTY
ATTEST: Board of County Commissioners
•' of Lake Co y, Florida
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.� .q�'..�',�drthe J. y onner, Chairman
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Approvedras to form .0 d legality:
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Sanford A. Minkoff
County Attorney
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c•''' a. ' -P CITY OF CLERMONT
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-s' - ,-,',,,,',r',:,1( I 'i :H' ,, Harold S. Turville, JrMMayor.
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�." , A'T�'EST� "'� This 14th day of October, 2014.
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Tracy Ackr d, City Clerk
Approved as to form and legality:
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eggerranrimmomw
City Attorney
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