2000-39
PO BOX 7800
315 W. MAIN STREET
TAVARES. FLORIDA 32778-7800
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DEPARTMENT OF FACI.IES
AND CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS
FACILITIES MANAGEMENT
FAIRGROUNDS
PARKS AND RECREATION
PHONE: (352) 343-9509
FAX: (352) 343-9794
wwwJakegovernmentcom
November 30, 2000
City of Clermont
P.O. Box 120219
Clermont, FL 34712
Attention:
Wayne Saunders
City Manager
Dear Mr. Saunders:
Enclosed is a fully executed original of the Interlocal Agreement between Lake County and the City
of Clermont relating to contribution of Regional Park Improvement Funds for FY 2000/2001.
If you have any questions or I can be of further assistance, please feel free to contact me at 343-9761.
Recreationally yours,
LAKE COUNTY PARKS & RECREATION DEPARTMENT
~
Cynthia B. Arroyo
Administrative Office Associate I
Enclosures: One original agreement
DISTRICT ONE
JENNIFER HILL
DISTRICT TWO
ROBERT A. POOL
DISTRICT THREE
DEBBIE STIVENDER
DISTRICT FOUR
CATHERINE C. HANSON
DISTRICT FIVE
WELTON G. CADWELL
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INTERLOCAL
AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
REGIONAL PARK IMPROVEMENT FUNDS
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INTERLOCAL
AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
REGIONAL PARK IMPROVEMENT FUNDS
This is an Interlocal 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 of the State of
Florida, in Lake County, Florida, its successors and assigns, hereinafter referred to as "CITY", through
its City Commission.
WITNESSETH:
WHEREAS, Chapter 163, Florida Statutes, Section 163.01, Flmida Interlocal Cooperation Act
of 1969, subsection 163.01 (4), provides that public agencies of the State of Florida may exercise joindy
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 separately; and
WHEREAS, Chapter 163, Florida Statutes, subsection 163.01 (5), provides that a joint exercise
of power by such public agencies may be made by contract in the form of an agreement; and
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WHEREAS, both COUN1Y and CI1Y are "public agencies" within the meaning of Chapter
163, Florida Statutes, Section 163.01,; and
WHEREAS, COUN1Y has allocated certain Regional Park Grant funds for related facilities
for Fiscal Year 2000 - 20001; and
WHEREAS, CITY operates Regional Park related facilities which provide activities for citizens
of all ages, races and creeds residing in CI1Y and COUN1Y; and
WHEREAS, COUNTY is desirous of providing these Regional Park 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 COUN1Y and CI1Y;
NOW THEREFORE, IN CONSIDERATION of the protnlses, 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.
Obligations of COUNTY and CITY. COUN1Y agrees to pay to CI1Y up
to Forty Thousand Dollars ($40,000.00) from Regional Park Grant funds from Fiscal Year 2000 - 2001
for Regional Park facilities. It is understood and expressly agreed that said funds shall be used
exclusively by CITY for only those Regional Park facilities described in Exhibit A, which is attached
hereto and incorporated herein. Funding payments made to CI1Y by COUN1Y shall be subject to the
following terms and conditions:
A.
COUNTY shall not be obligated to pay any funding monies to CI1Y unless
CITY has previously delivered to COUN1Y documentary correspondence sufficiendy detailed and
satisfactory to evidence CI1Y'S immediate intent and commitment to construct and to complete the
construction of the facility project or projects specified in Exhibit A, hereinafter referred to as
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"PROJECT".
B.
The time of payment and the amount of funds payable to CITY by COUNTY
at anyone time during the term of this Agreement is directly dependent on the 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 of Forty Thousand Dollars ($40,000.00)
for fiscal year.
c.
CITY has complied with all the rema11l111g terms and conditions of this
Agreement.
Section 3.
Expenditure of Funds by CITY. The CITY shall provide to COUNTY a full
accounting at the end of each quarter of the expenditures of any funds paid to CITY during the quarter.
The CITY understands and further agrees that if all funds paid by COUNTY pursuant to this
Agreement are not expended by CITY by September 30, 2001, for the purposes enumerated herein,
the unused funds shall be forthwith returned to COUNTY.
Section 4,
Design. Construction and Operation of Facilit;y. It shall be the sole
responsibility of CITY to insure that all final plans and specifications (i.e., site architectural, engineering)
be used in conjunction Witll tlle above referenced project are prepared and certified by an insured,
registered architect, engineer or landscape architect (as appropriate) and meet all applicable federal, state
and local codes and current engineering practices; that health, safety, durability and economy are
considered and incorporated in these plans consistent with the scope and objectives of the project; that
full, handicapped accessibility, pursuant to the requirements of Chapter 553, Florida Statutes, Part V
incorporated in the design; tllat the proposed development is compatible with its surrounding
environment; that all required local, state and federal environmental permits and approvals have been
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obtained; and that provisions have been made to insure adequate supervision of construction by
competent personnel. CITY is solely responsible for the design, construction and operation of all
Regional Park facilities and equipment funded hereby, and for the content of the program and
supervision of programs at the PROJECT.
Section 5.
Identifying Funding Sign. TI1e CITY shall erect a permanent sign identifying
Lake County as a funding source of project construction.
Section 6.
Use of PROJECT by COUNTY Residents. The COUNTY and CITY
understand and expressly agree that d1e 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 is charged for CITY residents.
Section 7.
Duration of Agreement. This Agreement shall become effective on the date
the last party executes the Agreement and shall continue through September 30, 2001.
Section 8.
Termination. This Agreement may be terminated by either party with thirty
(30) days written notice of its intent to terminate. Such written notice shall be sent as provided in
Section 10, Notices.
Section 9.
Termination of Agreement or Refusal or Inabili1;y to Perform by CITY.
If CITY should terminate this Agreement as provided in Section 8 or if CITY should subsequendy
refuse or is unable for any reason to comply with the requirements of this Agreement, all unused
funding monies shall be forthwith returned to COUNTY by CITY.
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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
County Manager
Sue Whitde
Lake County Admin. Bldg.
315 West Main Street
Post Office Box 7800
Tavares, Florida 32778
CITY
Wayne Saunders, City Manager
City of Clermont
P.O. Box 120219
Clermont, Florida 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 shown on the signed return receipt, 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.
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 Agreement.
This document incorporates and includes all pnor
negotiations, correspondence, conversations, agreements, or understandings applicable to the matters
contained herein, and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document. Accordingly,
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it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations
or agreements whether oral or written.
Section 13.
Severability. In the event any provision of this Agreement is held to be
unenforceable for any reason, the unenforceability thereof shall not effect the remainder of the
Agreement which shall remain in full force and effect and enforceable in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have made and executed this 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/.:J' day of
, 2000, and
Wayne Saunders, City Manager, duly authorized to execute same.
Ja es C. atkins, Clerk of the Board of County
Commissioners of Lake County, Florida
AP~ legality~
Melanie Marsh, Assistant County Attorney
- ".
COUNTY
LAKE COUNTY, through its BOARD OF
C~ITCO~~~ .
~ -~
Welton G. Cadwell, Chairman
Thi~"~Y of ~~~o.
1jST
W~/~ t?/. YJÞC!/*
City Clerk - O-fpviy
CITY
CITY OF CLERMONT
City Attorney
Approved as to form and legality.
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AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF REGIONAL PARK IMPROVEMENT FUNDS FOR
REGIONAL PARK FACILITIES.
EXHIBIT A
The construction of lighting, fencing, bleachers or back stops at Hancock Park, on property
owned and operated by and located within the City of Clermont.
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