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2017-27 RECEIVED INTERLOCAL AGREEMENT MAR 0 3 2017 BETWEEN HUMAN RESOURCEF LAKE COUNTY,FLORIDA AND CITY OF CLERMONT REGARDING JOINT DEVELOPMENT OF CANOE/KAYAK COURSE AT CLERMONT WATERFRONT PARK THIS INTERLOCAL AGREEMENT is made 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." WITNESSETH: WHEREAS; Section 163.01, Florida Statutes, provides that local governments may enter into 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, the CITY owns and operates Clermont Waterfront Park on Lake Minneola, located:.at 103rd Street Water Front Park, Clermont, Florida (hereinafter referred to as the "PARK"); and WHEREAS,the CITY desires to construct a canoe/kayak course at the PARK(hereinafter referred to as the "PROJECT"); and WHEREAS, the addition of a canoe/kayak course at the PARK will attract national canoeing ,and/or kayaking tournaments, competitions, and championships to the CITY and COUNTY, and will provide leisure and community recreational activities for citizens of all ages, races and:creeds residing,in the CITY; and WHEREAS, the COUNTY desires to assist the CITY with the PROJECT to attract national canoeing and/or kayaking tournaments, competitions, and championships to the CITY and COUNTY and provide leisure and community recreational activities for residents and visitors of the COUNTY and the.CITY; and WHEREAS, the CITY and the COUNTY desire to enter into this Agreement to memorialize the terms of the funding arrangement between the CITY and COUNTY for the PROJECT. Intedocnt Agreement between Lake County,Florida and City of Clennont Regarding Joint Development of Canoe/Kayak Course at Clermont Waterfront Park NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings, conditions, promises, 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. Purpose. The parties hereby agree that the purpose of this Agreement is to further the CITY's collaboration and.support of the PROJECT through a financial contribution. 3. COUNTY Obligations. The COUNTY agrees to fund the CITY for a portion of the cost of the PROJECT. The COUNTY's total funding shall not exceed Sixty Thousand Dollars($60;000.00), which shall be provided subject to the terms and conditions set forth herein. 4. CITY Obligations. A. The CITY shall construct and complete the PROJECT in compliance with all requirements established by the United States Canoe/Kayak National Championship. B. Upon completion of the PROJECT, the CITY shall submit a request for funding to the COUNTY accompanied by invoices or other documentary evidence indicating the amount of the expenditures incurred through construction of the PROJECT. Such documentary evidence shall include a detailed description of the services provided and acceptance and approval of labor, materials and/or equipment used for construction of the PROJECT from an authorized CITY representative. Under no circumstances shall the requests for funding be submitted to the COUNTY in advance of the delivery and acceptance of the services. C. Within thirty(30) days of receipt of the request for funding and the accompanying documentary evidence, the COUNTY shall review the documentary evidence and, if approved, provide,fundingto the CITY for the costs incurred in the construction of the PROJECT in an amount not to exceed Sixty Thousand Dollars ($60,000.00). Within thirty (30) days of funding by the COUNTY to the CITY as set forth herein, the CITY shall provide to the COUNTY proof • that payment has been made to all contractors, subcontractors and suppliers providing any labor, materials orequipment related to the PROJECT. D. The time-of payment and-the amount of funds payable to the CITY by the COUNTY at any one time during the term of this Agreement is directly dependent on the costs incurred by the CITY for the PROJECT as evidenced by the corresponding compliance and documentation specified in paragraphs A and B above. Notwithstanding the foregoing, in no event shall the S.\DOCUMEM120I 7\ECONOMIC DEVEM LOPMEUno ntcrlooal N.Clermont reg.Canute Ku'ak\Intcrlocal Agrcem nt Nish Clormont lot County Contribution to Kayak Course_FINAL3.d,a.r Interlocal Agreement between Lake County,Florida and City of Clermont Regarding Joint Development of Canoe/Kayak Course at Clermont Waterfront Park COUNTY be obligated to fund the CITY total monies in excess of Sixty Thousand Dollars ($60,000.00). E. Upon execution of this Agreement, the CITY shall, at the CITY's expense, erect a permanent sign at the PARK containing the COUNTY's logo as provided to the CITY by the COUNTY and identifying the COUNTY as a funding partner for the PROJECT. 5. Use of the PROJECT:by COUNTY Residents. The COUNTY and CITY understand and expressly agree that the PROJECT is to be utilized by both CITY and COUNTY residents and visitors. In the event'that the CITY implements a fee for the use of the PROJECT, such user fee for the PROJECT and any ancillary property, such as parking lots adjacent thereto, shall be the same for COUNTY residents as it is for CITY residents. 6. ".Grant Funding. In the event any of the PROJECT is funded by grant monies, the COUNTY shall not be liable for any non-compliance with the provisions of the grant. It is the CITY's sole responsibility to ensure successful completion of the PROJECT and compliance with any grant requirements, as applicable. 7. Sale or Sublease of the PROJECT. The CITY shall not sell the PROJECT or sublet the PROJECT without the prior written approval of the COUNTY. In the event the PROJECT property is sold or sublet, the CITY shall compensate the COUNTY in an amount agreed upon and determined by the parties at the time the COUNTY approves such sale or sublease. 8. Future Projects. Nothing herein shall prohibit the parties from negotiating a different allocation of responsibilities for, or contributions, to the development of the PROJECT. The maintenance and ownership of each future project, if any, will be negotiated on a project by project basis. 9. Termination. Either party shall have the right to terminate this Agreement for cause with thirty(30)days written notice to the other so long as the contract for the PROJECT has not been executed. Oncethe contract for the PROJECT has been awarded and executed, this Agreement shall not be terminated, except as provided herein. This Agreement shall terminate without notice upon the CITY's failure to pay all contractors, subcontractors and suppliers providing any labor, materials or equipment related to the PROJECT and the CITY shall refund the COUNTY the entire funding amount set forth herein. S:\DOCUMEN20173ECONOMIC DEVI:I.OPMHNT \ Interlocal re.Clermont reg.Canoe KayakInterlocal Agreement Tr ith Clermont for County Contribution to Kursk Courrc FINAI.3,dom. Interlocal Agreement between Lake County,Florida and City of Clermont Regarding Joint Development of Canoe/Kayak Course at Clermont Waterfront Park 10. 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. 11. 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 of Clermont Lake County Administration Building City Manager P.O.Box 7800 685 West Montrose Street Tavares,Florida 32778 Clermont,Florida 34711 B. All notices required,or which may be given hereunder,shall be considered properly given if: (I)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. 12. Entire Agreement. This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. 13. 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. 14. Effective Date. This Agreement shall become effective on the date the last party hereto executes this Agreement. 15. Insurance. The CITY shall require that all contractors and suppliers provide Certificates of Insurance to the CITY evidencing that the COUNTY is named as an additional insured on all applicable insurance policies. The CITY shall provide evidence of conforming certificates of insurance upon request by COUNTY. 4 S.\DOCUMENT\2017\ECONOMIC DEVEI.OPMEMIInterlocal w.Clermont reg.Canoe Kmak\Interlocal Agreement with Clermont for Count,Contribution to Korak Course FINAL3.do, • Interlocal Agreement between Lake County.Florida and City of Clermont Regarding Joint Development of Canoe/Kayak Course at Clermont Waterfront Park 16. Indemnification. To the extent permitted by Florida law and without waiving its sovereign immunity, the CITY shall indemnify and hold harmless the COUNTY and its agents, officers, commissioners, or employees for any and all damages, losses, penalties, settlements, costs, charges, professional fees or other expenses or liabilities to the extent resulting from the negligent act, error or omission of the CITY, its agents, employees or representatives, in the performance of the PROJECT or operation of the PARK. 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, and by the City of Clermont, by its duly authorized representative. CITY ATTEST: CITY OF CLERMONT, FLORIDA nor 10' Tracy Ackroyd Howe, City Clerk Gail L. Ash, ayor This /( day of-geIrt,c 2017. App.e ; to form .nd legality: Daniel-F. it Attorney COUNTY LAKE COUNTY, FLORIDA through its ATTEST: BOARD OF COUNTY COMMISSIONERS • Nei Kell Cle k of th- :oard Timothy Sullivan, Chairman of County ommissio Tri4f Lake County, Florida This(of 1W1-1—. , 2017. Approved as to form and legality: ov�AL Melanie Marsh, County Attorney 5 S:\DOCUMENT\2017'ECONOMIC DEVELOPMENT\Interloenl w.Clermont rot.Canoe Ko,ak\Intcrlocnl Agreement with Clermont for County Contribution to Kayak Course FINAL3.Mc-o