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2002-09 . . 8. . c¿l/}( ð ~ . INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND CITY OF CLERMONT RELATING TO CONTRIBUTION OF INFRASTRUCTURE SALES TAX FUNDS FOR COMMUNITY RECREATION PROJECTS This is an lNTERLOCAL AGREEMENT between: LAKE COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY", through its Board of County Commissioners; AND The CITY OF CLERMONT, a municipal corporation pursuant to the laws ofthe State of Florida, in Lake County, Florida, its successors and assigns, hereinafter referred to as "CITY", through its City Commission. WITNESSETH: WHEREAS, Chapter 125, Florida Statutes, subsection 125.01 (1) (f), authorizes counties to provide community recreational facilities; and WHEREAS, Chapter 163, Florida Statues, Section 163.01, Florida Corporation Act of 1969, subsection 163.01 (4), provides that public agencies of the State of Florida may exercise jointly with any other public agency of the State of Florida, any power, privilege, or authority which such agencies share in common, and which each might exercise separate; and WHEREAS, Chapter 163, Florida Statutes, subsection 163.01 (5), provides that a joint exercise of power by such public agencies shall be made by contract in the form of an lNTERLOCAL AGREEMENT; and . . . . . WHEREAS, both COUNTY and CITY are "public agencies" within the meaning of Chapter 163, Florida Statutes, Section 163.01; and WHEREAS, CITY operates parks and community recreational facilities which provides leisure and community recreational activities for citizens of all ages, races and creeds residing in CITY and COUNTY; and WHEREAS, COUNTY is desirous of providing these leisure and community recreational activities for citizens living throughout the County, and WHEREAS, COUNTY and CITY are desirous of promoting the health, safety and welfare of citizens in the COUNTY and CITY; NOW THEREFORE, IN CONSIDERATION of the promises, mutual covenants, conditions and payments hereinafter contained, the parties do agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein. Section 2. Oblie:ations of COUNTY and CITY. COUNTY agrees to pay to CITY up to SEVENTEEN THOUSAND SEVEN HUNDRED EIGHTY DOLLARS ($17,780.00) from County Infrastructure Sales Tax funds from fiscal year 2002/2003 for park and community recreational capital improvements. It is understood and expressly agreed that said funds shall be used exclusively by CITY for only those community recreational and capital improvements described in Exhibit A, which is attached hereto and incorporated herein by reference. Funding payments made to CITY by COUNTY shall be subject to the following telTIlS and conditions: A. COUNTY shall not be obligated to pay any funding monies to CITY unless CITY has previously delivered to COUNTY detailed documentary evidence of CITY'S immediate intent and commitment to construct and to complete the construction of the facility project(s) specified in Exhibit A, hereinafter referred to as "PROJECT". B. The time of payment and the amount of funds payable to CITY by COUNTY at any one time during the telTIl of this INTERLOCAL AGREEMENT is directly dependent on the 2 of7 . . . . . amount of funds encumbered or committed by CITY for the PROJECT as evidenced by the corresponding documentation specified in paragraph A above. Notwithstanding the foregoing, in no event shall COUNTY be obligated to pay to CITY total monies in excess SEVENTEEN THOUSAND SEVEN HUNDRED EIGHTTY DOLLARS ($17,780.00). C. CITY has complied with all the terms and condition of this INTERLOCAL AGREEMENT. Section 3. Expenditure of Funds bv CITY. The CITY understands and further agrees that if all funds paid by COUNTY pursuant to this INTERLOCAL AGREEMENT are not expended by CITY by September 30,2003, for the purpose enumerated herein, the unused funds shall be forthwith returned to COUNTY. Section 4. Desi1!n. Construction and Operation of Facilitv. CITY Is the party solely responsible for the design, construction and operation of all community recreation facilities and equipment funded hereby, and for the content of the program supervision of programs at the PROJECT. Section 5. Identifvin1! Fundin1! Si1!n. The CITY shall erect a pennanent sign identifying Lake County as a funding source of project construction and indicating the use of 1 % sales tax dollars. Lake County will provide both of these signs. Section 6. Use of PROJECT bv COUNTY Residents. The COUNTY and CITY understand and expressly agree that the PROJECT is to be utilized by both CITY and COUNTY residents. In the event that CITY implements a fee for the use of such PROJECT, then such user fee for the PROJECT and any ancillary property, such as parking lots adjacent thereto, shall be the same for COUNTY residents that it charges for CITY residents. Section 7. Duration of Å1!reement. This INTERLOCAL AGREEMENT shall become effective on the date the last party executes the INTERLOCAL AGREEMENT and shall continue through September 30,2003. 3 of7 . . . . . Section 8. Termination. This INTERLOCAL AGREEMENT may be tenninated by either party with thirty (30) days written notice of its intent to tenninate. Such written notice shall be sent as provided in Section 10, Notices. Section 9. Termination of Al!reement or Refusal or Inabilitv to Perform bv CITY. If CITY should tenninate this INTERLOCAL AGREEMENT as provided in Section 8 or if CITY should subsequently refuse or is unable for any reason to comply with the requirements of this INTERLOCAL AGREEMENT, all unused funding monies shall be forthwith returned to COUNTY by CITY. Section 10. 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, when sent in writing and addressed as follows: COUNTY William Neron, County Manager Lake County Administration Building 315 West Main Street Post Office Box 7800 Tavares, FL 32778 CITY Harold S. Turville, Mayor CITY OF CLERMONT P. O. Box 120219 Clermont FL 34712-0219 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 mail, the date of the postmark, or if sent by overnight letter delivery company, the date the notice was picked up 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. 4 of? . . . . . Section 11. Amendments. 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. Section 12. Entire Al!reement. This document incorporates and includes all prior negotiations, correspondence, conversations, INTERLOCAL AGREEMENTS, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, INTERLOCAL AGREEMENTS, or understandings concerning the subject matter of this INTERLOCAL AGREEMENT that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or INTERLOCAL AGREEMENTS whether oral or written. Section 13. Severability . In the event any provision of this INTERLOCAL AGREEMENT is held to be unenforceable for any reason, the unenforceability thereof shall not effect the remainder of the INTERLOCAL AGREEMENT which shall remain in full force and effect and enforceable in accordance with its terms. 5 of7 . . . . . 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 J 1Iì day of ~ . , 2002, and CITY through Harold S. Turville, Mayor, duly authorized to execute same. am C. Watkins, Clerk of the oard of County Commissioners of Lake County, Florida Approved as to form and legality. ~. --rrY'-.-<.>'\A4 Melanie Noll Marsh, Assistant County Attorney ATTEST: r- 9c,er~ Approve~o f~gali~ ~ /114/ &: -~ City Attorney COUNTY LAKE COUNTY, through its BOARD OF Æ.:qp:~ - This j~ay Of~, 2002. CITY OF CLERMONT ~~~ Harold S. Turvlle, Mayor This r~day of ~~ ,2002. ) 6 of7 . . . . . INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND CITY OF CLERMONT, FLORIDA RELATING TO CONTRIBUTION OF INFRASTRUCTURE SALES TAX FUNDS FOR COMMUNITY RECREATIONAL PROJECTS. EXHIBIT A The CITY OF CLERMONT will purchase and install various park equipment at the following parks: Chestnut Park, Edgewood Park, Hancock Recreation Park, Kiwanis Park, McKinney Park, Montrose Tot Lot, Palatlakaha Recreation Area, Seminole Park, and West Beach on property owned and operated by and located within the CITY OF CLERMONT, FLORIDA. 7 of? DJÈPARTMENT OF FACI8IES AND CAPITAL IMPROVEMENTS . CAPITAL IMPROVEMENTS FACILITIES MANAGEMENT FAIRGROUNDS PARKS AND RECREATION PO BOX 7800 315 W. MAIN STREET TAVARES, FLORIDA 32778-7800 . PHONE: (352) 343-9509 FAX: (352) 343-9794 www.lakegovernment.com S~p)~~mmllD~1î' 2$, 2002 To: \DJmyJlll~ SmtUllDl!dlœJlf8 ben«»sœJ!dl YOUR mnn 1rIIIm!dl you odglJmml cop)Y oœ 1IIn~ gn,¡m~ ~(pJmmœJlDl~ mtl!D. !I.æJ,]!{~ COIllllillIty IICC. Sl!D.ounll!dl JOUR b\'1~ MY tQlURœs1tllOU, p)llœJUœJ œ«9~ll mrœ~ ~O eolDlW\t m~ m~ 34l3.97Sll. SfimleœJlî'œlly, , . ~~~ Cmtlb1eIf'lllDl~ !. bp)$olDl !I.i1Jl(~ COIllllill~ JP>mrl!œ & leclî'œ:&1tIIol!ll . DISTRICT ONE JENNIFER HILL DISTRICT TWO ROBERT A, POOL DISTRICT THREE DEBBIE STIVENDER DISTRICT FOUR CATHERINE C, HANSON DISTRICT FIVE WELTON G. CADWELL