1998-46
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JOINT PARTICIPATION AGREEMENT BETWEEN THE
OKLAWAHA BASIN RECREATION AND WATER
CONSERVATION AND CONTROL AUTHORITY
AND
CITY OF CLERMONT
FOR DISTRIBUTION OF FUNDS
FOR THE
CITY OF CLERMONT LAKE MINNEOLA BOAT RAMP RELOCATION AND
STORMWATER MANAGEMENT PROJECT, LAKE COUNTY, FLORIDA
THIS AGREEMENT, entered into by and between the City of
Clermont, a political subdivision of the State of Florida,
hereinafter called "CLERMONT", and the Oklawaha Basin Recreation
and Water Conservation and Control Authority, a public corporation
in Lake County, Florida, hereinafter called "AUTHORITY".
WITNESSETH:
WHEREAS, the AUTHORITY, was created by its Special Act,
chapter 29222, Laws of Florida, for the purposes, among others, of
controlling and conserving the fresh water resources of Lake
County, preserving, protecting and improving the fish and wildlife
of the county, and to provide recreational facilities for the
tourists, citizens, and taxpayers of Lake County by a more
efficient use of the streams, lakes, and canals in Lake County;
and; and
WHEREAS, Chapter 163, Florida Statutes, Intergovernmental
Programs, Part I, Miscellaneous Programs, Section 163.01, The
Florida Interlocal 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, privilege, or authority which such agencies share in common,
and which each might exercise separately; and
WHEREAS, Chapter 163, Florida Statutes, Intergovernmental
Programs, Part I, Miscellaneous Programs, Section 163.01, The
Florida Interlocal Cooperation Act of 1969, 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 CLERMONT and AUTHORITY are "public agencies"
within the meaning of Chapter 163, Florida Statutes,
Intergovernmental Programs, Part I, Section 163.01, The Florida
Interlocal Cooperation Act of 1969; and
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WHEREAS, the reduction and ultimate elimination of untreated
stormwater runoff into our public waterways will benefit the
ecology of our waterways and the residents and tourists that use
them, and
WHEREAS, there is a need in the City of Clermont, Lake County,
Florida, for relocation of the existing boat ramp facilities on
Lake Minneola, including treating and controlling stormwater runoff
from such relocated boat ramp facility; and
WHEREAS, it is desirable for the Authority to assist the
municipalities of Lake County in coordinated effort through the
provision of grant funds to provide recreational facilities for the
tourists, citizens and taxpayers of Lake County, and to reduce the
influx of untreated stormwater into the publicly owned waterways of
Lake County, and
WHEREAS, the Board of Trustees for the AUTHORITY at a
regularly scheduled meeting on May 20, 1998, formally approved
providing funding to the City of Clermont to assist the relocation
of the Lake Minneola boat ramp facilities and the necessary
stormwater treatment facilities for such boat ramp relocation, with
certain conditions; and
NOW, THEREFORE, in Consideration of the mutual benefits to be
derived by their joint participation as provided in this Agreement,
the parties agree as follows:
1.
herein.
The above recitals are true and correct and incorporated
2. CLERMONT accepts the herein described contribution from
the AUTHORITY on the conditions and for the sole purposes
expressed in this agreement.
3. CLERMONT shall hire the necessary contractors using
CLERMONT's normal bid procedures to perform the engineering and
construction for relocation of the Lake Minneola public boat ramp
and necessary stormwater treatment facilities substantially in
accordance with the preliminary plan attached as Exhibit "A" and
by this reference made a part hereof (hereafter called
"Project").
4. CLERMONT shall be solely responsible for the payment of
the expenses of obtaining the design, engineering and final
permitting so that the Project will meet all applicable
requirements of federal, state, and local regulatory agencies for
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the construction of the boat ramp facility and stormwater
retention facility.
5. Payment of grant monies by the AUTHORITY to CLERMONT
shall be as follows:
A. The AUTHORITY warrants to CLERMONT that these
funds have been budgeted and are intended to be
administered for this Project by the end of the
AUTHORITY's 1999 Fiscal Year of September 30, 1999.
B. AUTHORITY contribution shall be used by
CLERMONT solely for the construction of the Project.
AUTHORITY will contribute one hundred twenty thousand
dollars ($120,000.00) toward the Project, as follows:
1.
Approximately sixty thousand dollars
($60,000.00) toward the engineering and
construction of the boat ramp facility; and
2.
Approximately sixty thousand dollars
($60,000.00) toward the engineering and
construction of the stormwater management
system.
C. All construction shall be substantially
consistent with the preliminary plan attached hereto as
Exhibit "A", and incorporation herein. Any substantial
modification from such Exhibit "A" must be approved by
the Board of Trustees of the AUTHORITY.
D. AUTHORITY in no instance will distribute to
CLERMONT funds in excess of the actual costs incurred
by CLERMONT for the purposes expressed in this
Agreement. "Actual costs," are for this purpose defined
as CLERMONT's direct payments to its purchasing agent
or construction contractor.
E. CLERMONT shall adopt and enforce parking
restrictions which ensure fifty percent (50%) of the
total parking provided for the Project shall be
reserved for Lake County residents. In no event shall
the total parking spaces provided be more than that
shown on the attached Exhibit "A".
6. CLERMONT shall provide progress reports to AUTHORITY in
the standard format used by CLERMONT and at time intervals
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approved by the AUTHORITY. AUTHORITY will be entitled at all
times to be advised, at its request, as to the status of work
being done by CLERMONT and of details thereof. Either party to
the Agreement may request and be granted a conference at any time
with reasonable notice.
7. AUTHORITY will have the right to visit the construction
site of the Project for inspection purposes.
8. CLERMONT agrees to keep complete, accurate records and
account of all costs, expenditures and other items incurred by it
in the construction of the Project, and allow AUTHORITY access to
all such records.
9. CLERMONT shall defend, save, and hold harmless the
AUTHORITY from any and all claims and demands for compensation
for injuries or property damages arising from, out of, or
occurring because of act or omissions of action by CLERMONT,
their agents, servants, or employees while in the performance of
the provisions of this contract during the life hereof, or
thereafter as directly or indirectly connected with said
contract.
10. This document incorporates and includes all proper
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.
11. Any alterations, amendments, deletions, or waivers of
the provisions of this Agreement shall be valid only when reduced
to writing and duly signed by both parties.
12. Any breach or default of any provision of this
Agreement by CLERMONT shall entitle AUTHORITY, at its sole
discretion, to a complete reimbursement of monies supplied
pursuant to this Agreement.
13. If any part of this Agreement is adjudged invalid, the
remaining parts shall not be affected.
14. No person or entity shall have a right or claim of
action arising from or resulting from the Agreement except those
who are parties to it and their successors in interest.
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15. CLERMONT and the AUTHORITY are represented by counsel
and professional staff which have participated in the drafting
and review of this Agreement. No provision of this Agreement is
to be interpreted for or against any party just because that
party or that party's legal representative drafted the provision.
16. The failure of either party to insist on strict
performances of any of the provisions of this Agreement shall not
be construed as a waiver of any subsequent default of same or
similar nature.
IN WITNESS WHEREOF, CLERMONT, through its Mayor authorized
to execute same by action of the City Commission on the 23rd
day of June, 1998, and the AUTHORITY, through its
Chairman, authorized to execute same by action of the Board of
Trustees on the 3rd day of June, 1998.
OKLAWAHA BASIN RECREATION AND WATER
CONSERVATION AND CONTROL AUTHORITY
Gena Swartz,
Oklawaha Basi
Conservatio a
(Date) l ~
CITY OF CLERMONT
@t2r<Z-(
Robert A. Pol, Mayor
(Date) July 14, 1998
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