1999-62
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AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
INFRASTRUCTURE SALES TAX FUNDS FOR
COMMUHITY RECREATIONAL PROJECTS
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AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
INFRASTRUCTURE SALES TAX FUNDS FOR
COMMUNITY RECREATIONAL PROJECTS
This is an
Agreement between: LAKE COUNTY,
a political
subdivision of the St~te 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 Co~ssion.
WITNESSETH:
WHEREAS, Chapter 125, Florida Statutes, subsection 125.01 (1)
(f),
authorizes
counties
to
provide
community
recreational
facilities; and
WHEREAS ,
Chapter
163,. Florida
Statutes,
Section
163.01,
Florida
Cooperation 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,
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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
shall be made by contract in the form of an
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
community
recreational
facilities
which
provides
leisure
and
recreational
activïties .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 a~d 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.
Obligations of COUNTY and CITY.
COUNTY agrees
to pay to CITY up to Ten Thousand Dollars ($10,000.00) from County
Infrastructure Sales Tax funds from Fiscal Year 1999-2000 for park
and community recreational capital improvements. It is understood
and expressly agreed that said funds shall be used exclusively by
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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 terms and conditions:
A.
COUNTY shall not be obligated to pay any funding
monies to CITY unless CITY has previously delivered to COUNTY
detai¡ed documentary evidence of CITY I 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
tc? 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 Ten Thousand
Dollars ($10,000.00).
C.
CITY has complied with all the
terms and conditions
of this
Agreement.
Sect.ion 3.
Expendit.ure
of
Funds
by
CITY.
The
CITY
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understands and further agrees that if all funds paid by COUNTY
pursuant to this
Agreement are not expended by CITY by September
30,2000, for the purpose enumerated herein, the unused funds shall
be forthwith returned to COUNTY.'
Sect.ion 4.
Design. Const.ruct.ion and Operat.ion of Facilit.y.
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CITY is the party solely responsible for the design, construction
and
operation
of
all
community
recreational
facilities
and
equipment funded hereby, and for the content of the program and
supervision of programs at the PROJECT.
Section 5.
Identifying Funding Sign.
The City shall erect
a permanent 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 by COUNTY Residents.
The COUNTY
and CITY understand and expressly agree that the PROJECT is to be
utilized by both CIT~. 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 30,2000.
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
Inabili ty to Perform by CITY.
If CITY should terminate this
Agreement as provided in Section 8 or if CITY should subsequently
refuse or is unable for any reason to comply with the requirements
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of this
Agreement, all unused funding monies shall be forthwith
returned to COUNTY by CITY.
Sect:ion 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
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have been fully given or made, when sent in writing and addressed
as follows:
COUNTY
County Manager
Lake County Admin. Bldg.
315 West Main Street
Post Office Box 1800
Tavares, Florida" 32778
CIfi
Harold S. Turville, Jr.,
CITY OF CLERMONT
P.O. Box 120219
Clermont, FL 34712-0219
Mayor
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.
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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 prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained
herein,
and the parties agree that there are no commi tments ,
agreements, or understandings concerning the subject matter of this
Agreement that are no~,pontained in this document.
Accordingly, 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 WI~SS 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
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the Æ day of
0 (/~kty-
, 19~, and CITY through Harold
S. Turville, Jr., Mayor, duly authorized to execute same.
ATIEST:
COUNlY
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LAKE COUNlY, through its
CO~~
Wehon G. Cadwell, c~
BOARD OF
Approved as to fonn and legality,
This~ day of~ 19 O¡Or .
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Melanie N Marsh, Assistant County Attorney
ATIEST:
~c~
CIlY OF CLERMONT
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Approved as to fonn and legality.
This K- day of Auq v S í
. 19 qq .
City Attorney
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AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF INFRASTRUCTURE SALES TAX FUNDS FOR
COMMUNITY RECREATIONAL PROJECTS.
EXHIBIT A
Purchase and construction of picnic tables, benches and a
fitness trail at McKinney Park which is owned and operated by and
located within the CITY OF CLERMONT, Florida.
b:CLECIP9900.wpd
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