1999-61
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INTERLOCAL
AGREEMENT
BETWEEN
LAKE COUNfY
AND
1HE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUITON 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 lnterlo~ 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 Commissione1'S;
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, Florida lnterlocal
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 Flori~, 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' may 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, COUNTY has allocated certain Regional Park Grant funds for related
facilities for Fiscal Year 1998-1999 and 1999-2000; and
WHEREAS, CITY operates Regional Park related facilities which provide activities for
citizens of all ages, races and creeds residing in CITY and COUN~; 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 COUNTY and CITY;
NOW TIIEREFORE, IN CONSIDERATION of the promises, 'mutual covenants,
conditions and payments hereinafter contained, the parties do agree as follows:
Section 1.
Recitals. The above reåtals are true and correct and incorporated herein.
Section 2.
Obli~tions of COUNTY and CITY. COUNTY agrees to pay to CITY
up to Seventy Five Thousand Dollars ($75,000.00) from Regional Park Grant funds from Fiscal
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Year 1998-1999and up to Seventy Five Thousand Dollars ($75,000.00) from Regional Park Grant
funds from Fiscal Year 1999-2000 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 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 documentary correspondence sufficiently
detailed and satisfactory to evidence CITY'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 "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
correspon~g 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 Seventy-Five
Thousand Dollars ($75,000.00) for each fiscal year.
C.
CITY has complied with all the remaining terms and conditions of this
Agreement.
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 påid to CITY during
Section 3.
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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, 2000, for the pwposes
enumerated herein, the unused funds shall be forthwith returned to COUNTY.
Section 4.
Desi~, ConstrUction and Operation of Facility. 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 with the 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 incotporated in these plans consistent with the scope
and objectives of the project; that full, handicapped accessibility, pursuant to the requirements
of Chapter 533, Florida Statutes, Part V incorporated in the design; that the proposed
development is compatible with its surrounding environment; that all required local, state and
federal environmental permits and approvals have been obtained; and that provisions have been
made to insure adequate supervision of COIl5truction 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.
Identifyin~ Fundin~ Si~. The CITY shall erect a permanent sign
identifying Lake County as a funding source of project construction.
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Use of PROJECT by COUNfY Resi~ents. The COUNTY
and CITY understand and expressly agree that the PROJECT is to be utilized by both CITY and
Section 6.
COUNTY residents. In the event that CITY implements a fee for the use of such PROJECT,
then such user fee for the PROJEÇT arid 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 Inability 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 of this
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:
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COUNTY
County Manager
Sue Whittle
Lake County Admin. Bldg.
315 West Main Street
Post Office Box 7800
Tavares, Florida 32778
CITY
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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
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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.
Amendments. No modification, amendment, or alteration of the terms
Section 11.
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 A21'eement. 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 commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained in this
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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 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
actiononthe..Lf..~yof Ðr//-dþ(/Y' ,19~,and Harold S. TurviPe, Jr., Mayor,
duly authorized to execute same.
ATTEST:
COUNTY
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Approved as to form and legality.
~~::If] CAf\.4.l
Melani Marsh, AssiStant County Attorney
Th~1-day of ~ 19Qc, .
ATTEST:
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CITY
CITY OF CLERMONT
City Attorney
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"HAROLD "S~--- TURVILLË-, JR. ~ Mayor
This ti- day of A'7~' +- , 19 :J!i..
Approved as to form and legality.
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AGREEMENT BETWEEN LAKE COUNTY AND TIlE CITY OF CLERMONT,
FLORIDA RELATING TO CONI'RIBUIION OF REGIONAL PARK IMPROVEMENT
FUNDS FOR REGIONAL ¡> ARK F ACILlTIES.
EXHIBIT A
The construction of two baseball/softball fields, one full size soccer field, two tennis
courts, and support facilities' including parking, walkways, landscaping, and stormwater
management on South Hancock Road on property owned and operated by and located within
the City of Clermont.
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CAPITAL IMPROVEMENTS
FACILITIES MANAGEMENT
FAIRGROUNDS
PARKS AND RECREATION
PO BOX 7800
315 W. MAIN STREET
TAVARES, FLORIDA 32778-7800
October 27, 1999
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PHONE: (352) 343-9761
SUNCOM: 659-1509
FAX: (352) 343-9794
City of Clennont
P.O, Box 120219
Clermont, FL 34712-0219
Attention:
Harold S. Turville, Jr.
Mayor
Dear Mr. Turville,
Enclosed is a fully executed original of the Legal Agreement between Lake County and the City of
Clermont for the use Relating to Contribution of Infrastructure Sales Tax Funds for Community
Recreational Projects.
Also enclosed is a fully executed original of the Legal Agreement between Lake County and the City
of Clermont relating to contribution of Regional Park Improvement Funds.
If you have any questions or I can be offurther assistance, please feel free to contact me at 343-9761.
Recreationally yours,
LAKE COUNTY PARKS & RECREATION DEPARTMENT
D~~Y:~~
Facilities and Capital Improvements
MNca
Enclosures: One original legal agreement (each)
DISTRICT ONE
RHONDA H. GERBER
DISTRICT TWO
ROBERT A, POOL
DISTRICT THREE
RICHARD SWARTZ
DISTRICT FOUR
CATHERINE C. HANSON
DISTRICT FIVE
WELTON G. CADWELL