1998-73
OFFICE ~F F A'CILI.#IS
AND CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS
FACILITIES MANAGEMENT
FAIRGROUNDS
PARKS AND RECREATION
P.o. BOX 7800
315 WEST MAIN STREET
TAVARES, FLORIDA 32778-7800
.
PHONE: (352) 343-9761
SUNCOM: 659-1509
FAX: (352) 343-9794
October 29, 1998
Wayne Saunders
City Manager
City of Clermont
P.O. Box 219
Clermont, :!Florida 34711
Re:
Legal Agreement-County Infrastructure Sales Tax Funds for Community
Recreation Facilities
Dear Mr. Saunders:
Enclosed are two (2) originals of the Legal Agreement between the City of Clermont and
Lake County for the use of County Infrastructure Sales Tax Funds for community
recreation facilities. Please review it and obtain the proper signatures. Return both signed
copies to me.
I will schedule the agreement for Board of County Commission Approval on the next
available meeting, so your promptness in returning the agreements is needed.
If you have any questions or I can be of further assistance, please feel free to contact me at
(352) 343-9761
oz:~
Chuck Pula
Parks and Recreation Manager
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Enclosures: Two Original Legal Agreements
cc: Board of County Commissioners
Sue Whittle, County Manager
Mike Anderson, Senior Director of Facilities and Capital Improvements
Lake County Parks and Recreation Advisory Board
DISTRICT ONE
RHONDA H GERBER
DISTRICT TWO
WilLIAM "Bill" H GOOD
DISTRICT THREE
RICHARD SWARTZ
DISTRICT FOUR
CATHERINE CHANSON
DISTRICT FIVE
WELTON G CADWEll
.
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. ~
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
CITY OF CLERMONT
RELATING TO CONTRIBUTION OF
INFRASTRUCTURE SALES TAX FUNDS FOR
COMMUNITY RECREATIONAL PROJECTS
.
.
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
CITY OF CLERMONT
RELATING TO CONTRIBUTION OF
INFRASTRUCTURE SALES TAX FUNDS FOR
COMMUNITY RECREATIONAL PROJECTS
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 Commissiono
WITNESSETH:
WHEREAS,
Chapter
125,
Florida
Statutes,
subsection
125001(1)(f), authorizes counties to provide community recreational
facilities; and
WHEREAS ,
Chapter
163,
Florida
Statutes,
Section
163001,
Florida Interlocal Cooperation Act of 1969, subsection 163001(4),
provides that public agencies of the State of Florida may exercise
jointly with any other public agency of the State of Florida, any
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.
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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 interlocal 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 infrastructure sales tax
funds for community recreational projects for Fiscal Year 1998-
1999; and
WHEREAS,
CITY
operates
parks
and
community
recreational
facilities
which
provide
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.
Obligations of COUNTY and CITY.
COUNTY agrees
to pay to CITY up to Fifteen Thousand Dollars ($15,000.00)
from
2
.
.
County Infrastructure Sales Tax funds from Fiscal Year 1998-1999
for park and community recreational capital improvements.
It is
understood and expressly agreed that said funds shall be used
exclusively hy 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
detailed
documentary
evidence
of
CITY'S
immediate
intent
and
commitment to construct and complete the construction of the
facility project(s) specified in Exhibit A, hereinafter referred to
as the "PROJECT".
B.
The time of payment and the amount of funds payable
to
CITY
by COUNTY
at
any
one
time
during the
term of
this
Interlocal 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 Fifteen Thousand
Dollars ($15,000.00).
C.
CITY has complied with all the remaining terms and
conditions of this Interlocal Agreement.
Section 3.
Expenditure
of
Funds
by
CITY.
The
CITY
understands and further agrees that if all funds paid by COUNTY
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.
.
pursuant to this Interlocal Agreement are not expended by CITY by
September 30, 1999, for the purposes enumerated herein, the unused
funds shall be forthwith returned to COUNTY.
Section 4.
Design. Construction and Operation of Facility.
CITY
is
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 the
project construction and a sign indicating 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 CITY and COUNTY residents.
In the event that the
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 as
for CITY residents.
Section 7.
Duration
of
Agreement.
This
Interlocal
Agreement
shall
become
effective
on the
date
the
last
party
executes the Agreement and shall continue through September 30,
1999.
Section 8.
Termination.
This Interlocal Agreement may be
terminated by either party with thirty (30) days written notice of
its intent to terminate.
Such written noti~e shall be sent as
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.
.
provided in Section 10, Notices.
Section 9.
Termination
of
Agreement
or
Refusal
or
Inabili ty to Perform by CITY.
If CITY should terminate this
Interlocal Agreement as provided in Section 8 or if CITY should
subsequently refuse or become 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 Interlocal 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
Lake County Admin. Bldg.
315 West Main Street
Post Office Box 7800
Tavares, Florida 32778
CITY
Wayne Saunders
CITY Manager
CITY of Clermont
PO Box 219
Clermont, Florida
34711
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
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.
.
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 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
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 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 affect the remainder
of the Interlocal Agreement which shall remain in full force and
effect and enforceable in accordance with its terms.
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.
.
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
10th day of
November
, 19~, and CITY through HAROLD
the
.S. TURVILLE.JR., '-. Mayor, duly authorized to execute same 0
COUNTY
ATTEST:
LAKE COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
James Co Watkins, Clerk
of the Board of County
Commissioners of Lake
County, Florida
Go Richard Swartz Jro, Chairman
This
19
day of
,
Approved as to form and
legality 0
Melanie Noll Marsh
Assistant County Attorney
CITY
ATTEST:
~y~
CITY OF CLERMONT
HA~
This
19-
day of
,
Approved as to form and
legality:
---------
City Attorney
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INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT,
FLORIDA RELATING TO CONTRIBUTION OF INFRASTRUCTURE SALES TAX FUNDS
FOR COMMUNITY RECREATIONAL PROJECTS.
EXHIBIT A
The purchase and construction of playground equipment and a
softball field at Lincoln Park Recreation area which is long term
leased from the Lake County School Board by the City of Clermont.
f:\users\nisbetm\parkdoc\projects\Clermontagree9899.wpd
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