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2004-01 . ' ~. FORM 525-010-01 POLICY PLA1\;N[NG OGC - 07/03 Pagt: 1 of 27 . STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE LAKE SUMTER METROPOLIT AN PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT is made and entered into this day of f I, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF LAKE AND the COUNTY OF SUMTER; the TOWN OF ASTATULA, CITY OF CLER.J.\10NT, CITY OF EUSTIS, CITY OF FRUITLAl'ill PARK, CITY OF GROVELAND, TO\VN OF HOWEY- W- THE-HILLS, TOWN OF LADY LAKE, CITY OF LEESBURG, CITY OF MASCOTTE, CITY OF MINNEOLA, TOWN OF MONTVERDE, CITY OF MOUNT DORA, CITY OF T A V ARES AND CITY OF UMA TILLA. RECIT ALS . WHEREAS, the Federal Government, under the authority of23 United States Code 134-and 49 United States Code 5303, requires each metropolitan area, as a condition to the receipt of federal capital or operating assistance, to have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the metropolitan area, and further requires the State Transportation Agency and the Metropolitan Planning Organization to .enter into an Agreement clearly identifying the responsibilities of each party for cooperatively carryipg. out such transportation planning; and ' . WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to ensure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; and WHEREAS, 23 United States Code 134, as amended by the Intermodal Surface Transportation Efficiency Act of 1991 and the Transportation Equity Act for the Twenty-first Century (Public Law 105-178, 112 Stat. 107), 49 United States Code 5303-5307, 23 Code of Federal Regulations 450.306, and Section 339.175, Florida Statutes, provide for the creation of Metropolitan Planning Organizations to develop transportation plans and programs for metropolitan areas; and WHEREAS, pursuant to 23 United States Code 134(b), 49 United States Code 5303, 23 Code of Federal Regulations 450.306(a), and Section 339.175, Florida Statutes, a determination has been made by the Governor and units of general purpose local government representing at least 75% of the affected population (including the central city or cities) in the metropolitan area to designate a Metropolitan Planning Organization; and WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Commissioner Welton G. Cadwell, Chaiman. Lake Colmtv and Commissiner Bennv Strickland. Sumter Countv dated December 9. 2003, the Governor has agreed to the apportionment plan of the members of the proposed LAKE SUMTER Metropolitan Planning Organization as set forth in this Agreement; and WHEREAS, pursuant to 23 Code of Federal Regulations 450.306(c), and Section 339.175(1)(b), Florida Statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by the Governor for membership on the MPO; and . lscc;>wblr.l."w:n S(¡l;asimb" ""po 200Z'Apponiunmo:nl PlanlApponionmo:nl PlonlLoko Sunuer MPO FOOT In.o,loc:ll AgrecmentSZSOIOOI Fin:ll doc . . . . ; FORM 525-010-01 POLICY PLAN'N[NG OGC - 07/03 Page 2 of 27 WHEREAS, the interlocal agreement is required to create the LAKE SUMTER Metropolitan Planning Organization and delineate the provisions for operation of the MPO; and WHEREAS, the undersigned parties have determined that this Interlocal Agreement satisfies the requirements of and is consistent with Section 339.175(1)(b), Florida Statutes; and WHEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, the interlocal agreement must be consistent with statutory requirements set forth in Section 163.01, Florida Statutes, relating to interlocal agreements; and WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistënt with the requirements öf Section 163.01, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants, promises, and represe~tatio'n herein, the parties desiring to be legally bound, do agree as follows: . - ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals are hereby incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. Section 1.02. Definitions. The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: Agreement means and refers to this instrument, as amended from time to time. Department shall mean and refer to the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, Florida Statutes. FHW A means and refers to the Federal Highway Administration. FT A means and refers to the Federal Transit Administration. Long-Range Transportation Plan is the 20-year plan which: identifies transportation facilities; includes a financial plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan transportation" system and make efficient use of existing transportation facilities, indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nonattairunent areas is coordinated with the State Implementation Plan, all as required by 23 u.S.c. Section 134(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statutes. Metropolitan Area means and refers to the planning area as delineated by the MPO for the urbanized area containing at least a population of 50,000 as described in 23 U.S.C. 134(b)(l), 49 U.S.C. Section 5303(c)(1), and Section 339.175, Florida Statutes, which shall be subject to the Metropolitan Planning Organization's planning authority. IIBccpwfsOZIUsmlNOlasimbolMPO ZOOZlApponionmo:n, PlonlApponionmen. PlonlLoko Sumler ""po FOOT In,erluc:ll Agreemen"Z'O 100 1 Final.doc . . . . ; FORM 525-010-01 POLICY PLAI"iNING OGC - 07/03 Page 3 of 27 MPO means and refers to the Metropolitan Planning Organization formed pursuant to this Agreement. Transportation Improvement Program (TIP) is the staged multi-year program of transportation improvement projects developed by a Metropolitan Planning Organization consistent with the Long-Range Transportation Plan and developed pursuant to 23 United States Code 134(h), 49 United States Code 5304, 23 Code of Federal Regulations 450.324 and Section 339.175, Florida Statutes. Unified Planning Work Program (UP\VP) is the annual program developed in cooperation with the Department and public transportation providers, that lists all planning tasks to be undertaken during a program year, together with a complete description thereof and an estimated budget, all as required by 23 CFR 450.314, and Section 339.1.15(8), Florida Statutes. ARTICLE 2 PURPOSE '.:-" Section 2.01. General Purpose. The purpose of this Agreement is to establish the Lake Sumter Metropolitan Planning Organization: (a) To assist in the development of transportation systems embracing various modes of transportation in a manner that will maximize the mobility of people and goods within and"through this metropolitan area of this state and minimize, to the maximum extent feasible for transportation-related fuel consumption and air pollution; " (b) To develop transportation plans and programs, in cooperation with the Department, which plans and programs provide for the development of transportation facilities that will function as multi-modal and an intermodal transportation system for the metropolitan area; (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan area in cooperation with the Department; (d) To ensure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 U.S.C. 34 and 49 U.S.C. 5303, 5~04, 5305 and 5306; and (e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as required by 23 U.S.C. 134 and 49 U.S.C. 5303, 5304, 5305 and 5306; 23 CFR 420 and 450, and 49 CFR Part 613, Subpart A: and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws. Section 2.02. Major MPO Responsibilities. The MPO is intended to be a forum for cooperative decision making by officials of the governmental entities which are party to this Agreement in the development of transportation-related plans and programs, including but not limited to: (a) (b) The Long-Range Transportation Plan; The Transportation Improvement Program; llIkcpwfsOZIUsenlNOlasimbolMPO ZOOZ\Apponionmo:nl PlonlApponionmo:nl PlonlLoke Sunuer MPO FOOT Inlerlo<:II Agreemen.'Z'OIOOI Final.doc . . . (c) (d) (e) (f) (g) FORM 525-010-01 POLICY PLA1\¡N[NG OGC - 07/03 Page 4 of 27 The Unified Planning Work Program; A congestion management system for the metropolitan area as required by state or federal law; Assisting the Department in mapping transportation planning boundaries required by state or federal law; Assisting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and Performing such other tasks presently or hereafter required by state or federal law. Section 2.03. MPO decisions coordinated with FDOT and consistent with comprehensive plans. Chapter 334, Florida Statutes, grants the broad authority for the Department's role in transportation: Section 334.044, Florida Statutes, shows the legislative intent that the Department shall be responsible for c90rdinating the planning of a safe, viable and balanced state transportation system serving all regions of the State. Section 339.155, Florida Statutes, requires the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans. Section 339.175, Florida Statutes, specifies the authority and responsibility 'of the MPO . and the Department in the management of a continuing, cooperative, and comprehensive transportation planning process for the metropolitan area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339, Florida Statutes, the Department and all parties to this Agreement acknowledge that the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161-3215, Florida Statutes, are applicable to this Agreement. The parties to this Agreement shall take particular care that the planning processes and planning integrity of local governments as set forth in aforementioned la\v shall not be infringed upon. . ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the membership apportionment plan approved by the Governor is hereby created and established pursuant to the Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this Metropolitan Planning Organization shall be Lake Sumter Metropolitan Planning Organization. Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum, approval, permit, notice, other proceeding or authorization is required under applicable law to undertake any power, duty, or responsibility hereunder, or to observe, assume, or carry out any of the provisions of this Agreement, the MPO will, to the extent ofits legal capacity, comply with all applicable laws and requirements. Section 3.03. Governing board to act as policy-making body ofMPO. The governing board established pursuant to Section 4.0 I of this Agreement shall be the policy-making body forum of the MPO responsible for cooperative decision-making of actions taken by the MPO. The governing board is the policy- making body that is the forum for cooperative decision-making and will be taking the required approval action . IIB«pwfiOZIUsmINOlasimbu\MPO ZOOZIApponionmcnl Plan\Apponionmo:n. PlonlLake Sumler MPO FOOT Inlerlocal Agreemenl~Z'OIOOI Final.doc . . . . ; FORM 525-010-01 POLICY PLA.\;N[NG OGC - 07/03 Page 5 of 27 as the MPO. Section 3.04. Submission of proceedings: Contracts and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the parties shall submit to each other such data, reports, records, contracts, and other documents relating to its performance as a metropolitan planning organization as is requested. Charges are to be in accordance with Chapter 119, Florida Statutes. Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal funding agency (i.e., FHW A, FT A, and FAA) shall have the rights of technical review and comment of MPO projects. ARTICLE 4 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE Section 4.01. Composition and membership of governing board. ,~ .. (a) The membership of the MPO shall consist of thirteen voting representatives and nine (9) non- voting representatives. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: in Table 1 ' Table 1 LAKE SUMTER METROPOLITAN PLANNING ORGAI.'iIZATION " MPO Members/lip Apportiollmellt Plall (Votillg Stntdllre) Local & Counties Government 2000 Total Pop Populations Percent 210.528 95.33% 0.59% Vote Count~ LAKE Astatula.* I I 1,298 Clermont 4.23% 1 Eustis 9,333 15,106 6.84% 1 Fruitland Park.* 1.44% 3,186 Groveland** 1.07% Howey-in-the-Hills** 2,360 956 0.43% Lady Lake 5.36% 1 11,828 Leesburg 7.22% 1 15.956 2.687 1.22% Mascotte** Minneola 2.46% 1 Montverde*. 5,435 882 0.40% Mount Dora 4.26% 1 9,418 9,700 4.39% 1 I Tavares IIB«pwfsO2IUsenISOI..imbul.'otPO 2002\Apponionmen' PIan\Apponionmen. PlonlLo1ke Sunuer MPO FOOT Inler""':11 Agreemo:n.5250100 1 FinaLdoI: . . . . . FORM 525-010-01 POLICY PLAL,\¡N[NG OGC - 07/03 Page 6 of 27 Umatilla .. 1.00% INCORPORPORATED TOTAL UNINCORPORATED Commissioner Lake County Commissioner Lake County Commissioner Lake County Commissioner Lake County Commissioner Lake County Lake County BCC SUMTER Urban Area Commissioner Sumter BCC 2,214 90,359 120,169 7 40.91 % 54.41% 1 1 1 1 1 5 10,324 4.67% 1 2 COUNTIES TOTAL 220,852 100.00% 13 " . Note:"" Non Voting Member Cities: Input from non voting member cities during deliberation on MPrj issues shall be considered before voting member cast their vote. . Non-voting representative cities and towns"are Astatula, Fruitland Park, Groveland, Howey-in-the- Hills, Mascotte, Montverde and Umatilla. The other Non-voting membership includes t.he following: a representative of the Florida DOT District V and a representative of the Lake County Sc:hool Board. The apportionment may be amended to include rotation for the small cities io Table 1 as looe: as these cities are partv to this ae:reement. (b) .All voting representatives shall be elected officials of general purpose local governments, except to the extent that the MPO includes, as part of its apportioned voting membership, a member of a statutorily authorized planning board or an official of an agency that operates or administers a major mode of transportation. All individuals acting as a representative of the governing board of the county, the city, or authority shall first be selected by said governing board. (c) In no event shall the county cornmission representatives constitute less than one-third of the total number of representatives on the MPO. (d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned appointment to the MPO within sixty days after notification by the Governor of its duty to appoint a representative, that appointment shall be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. The term of office of members of the MPO shall be four years. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four year terms. ARTICLE 5 AUTHORITIES, PO\VERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The MPO shall have all authorities, powers and duties, IIlI<cpwfsOZ'UscnINOI..imbJIMPO ZOOZ\Apponion"",n. Plan\Apponion"",nl PlanlLoke Sunuer MPO FOOT In,erlac" Agreemen'SZSOIOOI FinaLJoc . . FORM 525-010-01 POLICY PLAt"fN[NG OGC - 07/03 Pagt: 7 of 27 enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessarY or appropriate to managing a continuing, cooperative, and comprehensive transportation planning process a~ specified in Section 339.175(4) and (5), Florida Statutes. . Section 5.02. Specific authority and powers. The MPO shall have the following powers and authority: (a) As provided in Section 339.175(5)(g), Florida Statutes, the MPO may employ personnel and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff resources of local and/or state agencies; (b) As provided in Section 163.01(14), Florida Statutes, the lVIPO may enter into contracts for the performance of service functions of public agencies; (c) As provided in Section 163.01(5)0), Florida Statutes, the MPO maÿ: acquíre, own, operate, maintain, sell, or lease real and personal property; .,;. (d) As provided in Section 163.01(5)(m), Florida Statutes, the MPO may accept funds, grants, assistance, gifts or bequests from local, State, and Federal resources; (e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state la\vs, rules and regulations; and . (f) The MPO shall have such powers and authority as specifically provided in Sections 163.01 and 339.175, Florida Statutes, and as may otherwise be provided by federal or state law. Section 5.03. Duties and responsibilities. The MPO shall have the following duties and responsibilities: (a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO shall create and appoint a technical advisory committee; (b) As provided in Section 339.175(5)(e), Florida Statutes, the MPa shall create and appoint a citizens' advisory committee; (c) As provided in Section 163.01(5)(0), Florida Statutes, the MPO membership shall be jointly and severally liable for liabilities, and the MPO may respond to such liabilities through the purchase of insurance or bon!is, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by its governing board; (d) As provided in Section 339.175(8), Florida Statutes, the MPO shall establish a budget, which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program; (e) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by 23 CFR Parts 420 and 450, and 49 CFR Part 613, Subpart A, and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws; . IIlIccpwfSOllUsenlNOlasimbo,MPO ZOO2\Apponionmen. PIan\Apponionmen. PlonlLoke Sunuer MPO FOOT In.erlo<:II Agreemo:nl'~SOIOOI Final.doc FORM 525-010-01 POLICY PLA1\;N[NG OGC - 07/03 Page 8 of 2ï (t) As provided in Section 339.175(9)(a), Florida Statutes, the MPO shall enter into agreements with the Department, operators of public transportation systems and the metropolitan and regional intergovernmental coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in which the transportation planning process will be coordinated and included in the comprehensively planned development of the area; . (g) (h) (i) (j) (k) (1) (m) . (n) (0) Prepare the Long-Range Transportation Plan; In cooperation with the Department, prepare the Transportation Improvement Program; In cooperation with the Department, prepare and annually update the Unified Planning Work Program; Prepare a congestion management system for the metropolitan area; .~- Assist the Department in mapping transportation planning boundaries requíred by state or federal law; Assist the Department in performing its duties relating to access management, functional classification of roads, and data collection; ," Perform such other tasks presently or hereafter required by state or federal law; Execute certifications and agreements necessary to comply with state or federal law; and Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Funding. The Department shall allocate to the:MPO for its perfo"nnance of its transportation planning and programming duties, an appropriate amount of federal transportation planning funds, Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of arid to insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this Agreement. This shall be done in accordance with the requirements of 23 CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, and all other applicable federal regulations. Section 6.03. Record-keeping and document retention. The Department and the MPO shall prepare and retain all records in accordance with the federal and state requirements, including but not limited to 23 CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, 49 CFR 18.42, and Chapter 119, Florida Statutes. . IIlII:cpwfsO2IU....\NOlasimboIMPO ZOOZ\Apponionmo:nl PlanlApponionmo:n. PIan\Loke Sunuer MPO FOOT Inlerloc:ll AgreemenlSZSOIOOI FinaI.do< . . . FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 9 of 27 ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case this performance may be offered in satisfaction of the obligation or responsibility. Section 7.02. Amendment of Agreement. Amendments or modifications of this Agreement may only be made by written agreement signed by all parties hereto with the same formalities as the original Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO without approval by the Governor. . . .,;.. Section 7.03. Duration: Withdrawal procedure. (a) Duration. This Agreement shall remain in effect until terminated by the parties to this Agreement; provided, however, that by no later than [ Jalluarv 30, 2009 ] and at least every five years thereafter, the Governor shall examine the composition of the MPO membership and reapportion it,as necessary to comply with Section 339.175, Florida Statutes, as appropriate. During examination .of the MPO apportionment every five years by the Governor, this Agreement shall be reviewed by the MPO and the Department to confirm the validity of the contents and to recommend amendments, if any, that are required. (b) Withdrawal procedure. Any party, except LAKE COUNTY and SUMTER COUNTY and the United States Bureau of the Census designated center city(ies) (Lady Lake, Leesburg and Eustis), may withdraw from this Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Agreement and the MPO, at least 90 days prior to the intended date ofwithdrawal. Upon receipt of the intended notice of withdrawal: (I) The withdrawing member and the MPO shall execute a memorandum reflecting the withdrawal of the member and alteration of the list of member governments that are signatories to this Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located; and (2) The Office of the Governor shall be contacted, and the Governor, with the agreement of the remaining members of the MPO, shall determine whether any reapportionment of the membership shall be appropriate. The Governor and the MPO shall review the previous MPO designation, applicable Florida and local law', and MPO rules for appropriate revision. In the event that another entity is to be accorded membership in the place of the member withdrawing from the MPO, the parties acknowledge that pursuant to 23 CFR 450.306(k), adding membership to the MPO does not automatically require redesignation of the MPO. In the event that a party who is not a signatory to this Agreement is accorded membership on the MPO, membership shall not become effective until this Agreement is amended to reflect that the new member has joined the MPO. Section 7.04. Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid, IIlkcpwrsOZIUse..'SOlasin1bolMPO ZOOZ\Apponionmo:nl PlonlApponionmo:nl Plon\Loke Sunuer MPO FOOT Inlerloc:ll AgreemcnlSZSOIOOl FinaI.¡ OC . . . FORM 525-010-01 POLICY PLAl\fNING OGC - 07/03 Page 10 of 2ï return receipt requested. Notice required to be given shall be addressed as identified in Attachment A. A party may unilaterally change its address or addressee by giving notice in writing to the other parties as ' provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Section 7.05. Interpretation. (a) Drafters of Agreement. The Department and the members of the MPO were each represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. (b) Severability. Invalidation of any one of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by judgement, ëourt order, or administrative hearing or order shall not affect any other provisions or applications in other circUmstances, all of which shall remain in full force and effect; provided, that such remainder would then continue to conform to the terms and requirements of applicable law. - (c) Rules of construction. In interpreting this Agreement, the following rules of construction shall apply unless the context indicates otherwise: " (1) (2) The singular of any word or term includes the plural; The masculine gender includes the feminine gender; and (3) The word "shall" is mandatory, and "may" is permissive. Section 7,06. Enforcement by parties hereto. In the event of any judicial or administrative action to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection with such proceeding. Section 7.07. Agreement execution: Use of counterpart sismature pages. This Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. Section 7.08. Effective date: Cost of recordation. (a) Effective date. This Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is located. (b) Recordation. Lake Countv Department of Public Works hereby agrees to pay for any costs of recordation or filing of this Agreement in the Office of the Circuit Court for each county in which a party is hereto located. The recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its records. 1I8a:pwfsOZlUscrslNOiasimbolMPO ZOOZ\Apponionmen. Plan\Apponionmo:nl PlanlLake Sunuer MPO FOOT In.erloc:ll Agre......n.SZSOIOOI FinaJ.doc . . . . FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 12 of 27 IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf of the referenced legal entities and hereby establish the above designated MPO. Signed, Sealed and Delivered in the presence of: (Every member of the MPO shall sign this Agreement with the appropriate witnesses) CITY OF CLERMONT ~~ s' ....::; ure J "'" Name/Title (typed or prin ed) J Ilð/ocf Date IIBccpwfsO2IU.ersINOlosimbuIMPO 2002\Apponionmo:nl Plan\Apponionmenl PlanlLoke Sunuer MPO FOOT (nterlocal AgrecmentS2S01001 Final.doc - ,;- "