R-2017-07 CITY OF CLERMONT
RESOLUTION NO. 2017-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, FLORIDA APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CLERMONT AND LAKE COUNTY FOR THE JOINT
DEVELOPMENT OF A CANOE/KAYAK COURSE AT CLERMONT
WATERFRONT PARK; 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 Interlocal Agreement for the joint
development of a canoe/kayak course at Clermont Waterfront Park, subject to the conditions
contained in the Agreement.
SECTION 2.
The Mayor is authorized and directed to enter into the Interlocal Agreement attached hereto as
Exhibit 'A'.
SECTION 3.
This Resolution shall take effect immediately upon its adoption.
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CITY OF CLERMONT
RESOLUTION NO. 2017-07
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida this 14th day of February, 2017.
CITY OF CLERMONT
Gail L. Ash
Mayor
ATTEST:
AC
Tracy Ac '40 Howe, City Clerk
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App .ved as to . and legality:
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Dani—. antzan , • : ey
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RECEIVED
INTERLOCAL AGREEMENT MAR 3 20i7
BETWEEN HUMAN RESOURCES
LAKE COUNTY,FLORIDA AND
CITY OF CLERMONT
REGARDING JOINT DEVELOPMENT OF CANOE/KAYAK COURSE AT
CLERMONT WATERFRONT PARK
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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 onabasis.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.
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Interlard Agreement between lake County.Florida and City of Clermont 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:
I. . 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;00.0.00),which shall be provided:subject to the terms and conditions set forth herein.
4. CITY Obligations.
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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 pr 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 funding.to 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-or.equipment 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
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Interiors!Agreement between Lake County,Florida and City of Clermont Regarding Joint Development of Canoe/Kayak Course at Clermont WateiOom 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 Protects. •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: Once.the 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.
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Interioeal Agreement between Lake County.Florida and City of Clermont Regarding Joint Development of Canoe/Kayak Coarse at Clermont Waterfront dark
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
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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 consideredproperly
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.
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.
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Interfocal 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
.r :Or CITY OF CLERMONT, FLORIDA
Tracy Ackroyd Howe, City Clerk Gail L. As , ayor
This J( day o1rgY'GAhj 2017.
App g - . o form .nd legality:
Daniel-F. •an zar - it Attorney
• COUNTY
LAKE COUNTY, FLORIDA through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
Nei Kell Cle k ofth- .ard Timothy Sullivan, Chairman
of C unty ommissio4f
Lake County, Florida This I off 1 Y ,2017.
Approved as to form and legality:
Melanie Marsh, County Attorney
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