1996-66
8
.
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
INFRASTRUCTURE SALES TAX FUNDS FOR
COMMUNITY RECREATIONAL PROGRAMS
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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 PROGRAMS
Thls
lS
an
Interlocal
Agreement
between:
LAKE
COUNTY,
a
polltlcal
subdlvlsion of the state of Florlda, ltS successors and
asslgns,
herelnafter
referred to
as
"COUNTY" ,
through
lts
Board of County
Commlssloners;
AND
The CITY OF CLERMONT, a munlclpal corporatlon pursuant to the laws of the
State
of
Florlda,
In
Lake
County,
Florlda,
its
successors
and
asslgns,
herelnafter referred to as "CITY", through ltS Clty Commlssion.
WITNESSETH:
WHEREAS, Chapter 125, Florlda Statutes, subsectlon 125.01(1) (f), authorlzes
countles to provlde communlty recreational facllltles; and
WHEREAS, Chapter 163, Florlda statutes, Sectlon 163.01, Florlda Interlocal
Cooperatlon Act of 1969, subsectlon 163.01(4), provides that publlc agencles of
the State of Florlda may exerClse jointly wlth any other publlc agency of the
State of Florida, any power, prlvllege, or authority whlch such agencles share
in common, and whlch each mlght exerClse separately; and
WHEREAS, Chapter 163, Florlda Statutes, subsectlon 163.01(5), provides that
a ]Olnt exerClse of power by such publlc agencles may be made by contract In the
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form of an lnterlocal agreement; and
WHEREAS, both COUNTY and CITY are "publlC agencles" wlthln the meanlng of
Chapter 163, Florlda Statutes, Section 163.01,; and
WHEREAS, COUNTY has allocated certaln lnfrastructure sales ~ax funds for
communlty recreational purposes for Flscal Year 1996-1997; and
WHEREAS, CITY operates parks and communlty recreatlonal facllltles whlch
provlde leisure and communlty recreatlonal actlvltles for cltlzens of all ages,
races and creeds resldlng In CITY and COUNTY; and
WHEREAS,
COUNTY
lS
desirous
of providlng
these
lelsure
and communl ty
recrea~io~al êctivltles for Cltlzens Ilvlng throuqho\Jt the County; and
WHEREAS, COUNTY and CITY are deslrous of promotlng the health, safety and
welfare of cltizens In the COUNTY and CITY;
NOW
THEREFORE ,
IN
CONSIDERATION
of
the
promlses,
mutual
covenants,
condltions and payments herelnafter contalned, the partles do agree as follows:
Sect~on 1.
Recita1.s.
The
above
recltals
are
true
and
correct
and
incorporated hereln.
Section 2.
Ob1.iaations of COUNTY and CITY.
COUNTY agrees to pay to CITY
up
to
Seventeen
Thousand,
Nine
Hundred
Dollars
($17,900.00)
from
County
Infrastructure Sales Tax funds from Flscal Year 1996-1997 for park and communlty
recreational capltal lmprovements.
It lS understood and expressly agreed that
sald
funds
shall
be
used
excluslvely
by
CITY
for
only
those
communlty
recreatlonal and capltal improvements descrlbed In Exhlblt A, whlch lS attached
hereto and lncorporated herein.
Fundlng payments made to CITY by COUNTY shall
be subJect to the followlng terms and conditlons:
A.
COUNTY shall not be obligated to pay any fundlng monles to CITY
unless
CITY
has
prevlously
dellvered
to
COUNTY
documentary
correspondence
sufflciently detalled and satisfactory to evldence CITY'S lmmedlate intent and
commltment to construct and to complete the constructlon of the facility proJect
or proJects speclfled In Exhlbit A, herelnafter referred to as "PROJECT",
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B.
The time of payment and the amount of funds payable to CITY by
COUNTY at anyone t1me dur1ng the term of this Interlocal Agreement 1S d1rectly
dependent on the amount of funds encumbered or COmITc1tted by CITY for the PROJECT
as evldenced by the correspond1ng documentat1on spec1f1ed 1n paragraph A above.
Notw1thstanding the forego1ng, in no event shall COUNTY be obl1gated to pay to
CITY
total
monies
in
excess
of
SeventeeD
Thousand,
N1ne
Hundred
Dollars
($17,900.00).
C.
CITY has complied w1th all the rema1ning terms and cond1t1ons
of th1S Interlocal Agreement.
Section 3.
Expenditure of Funds bv CITY.
The CITY shall prov1de to COUNTY
a full account1ng at the end of each quarter of the expend1tures of any funds
pa1d ~o CITY dur1ng the quarter.
The CITY understands and further agrees that
1f
all
funds paid by COUNTY pursuant to
th1S
Interlocal Agreement
are not
expended by CITY by September 30,
1997,
for the purposes enumerated here1n, the
unused funds shall be forthw1th returned to COUNTY.
Section 4.
Des~an. Construction and Operation of Facilitv. CITY 1S solely
respons1ble
for
the
des1gn,
construct1on
and
operat1on
of
all
community
recreatlonal facilities and equ1pment funded hereby, and for the content of the
program and superv1s1on of programs at the PROJECT.
Section 5.
Identifv~nq Fundinq Sian.
The C1ty shall erect a permanent
slgn 1dentifY1ng Lake County as a funding source of proJect construct1on.
Section 6.
Use of PROJECT bv COUNTY Res~dents.
The COUNTY
and CITY
understand ¿nd expressly agree that the PROCECT is to be ut1l1zed 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 anc1llary property, such
as park1ng lots adjacent thereto, shall be the same for COUNTY res1dents that is
charged for CITY res1dents.
Sect~on 7.
Durat~on of Aareement.
Th1S Interlocal Agreement shall become
effect1ve on the date the last party executes the Agreement and shall cont1nue
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through September 30, 1997.
Section B.
TerminatJ.on.
This Interlocal Agreement may be terminated by
elther party with thirty (30)
days wrltten notlce of lts intent to termlnate.
Such wrltten notlce shall be sent as provlded in Section 10, Notices.
Section 9.
Te:rmJ.natJ.on of Aareement or Refusal. or InabilJ.tv to Perform bv
CITY.
If CITY should termlnate thlS Agreement as provlded ln Section 8 or lf
CITY should subsequently refuse or lS unable for any reason to comply wlth the
requlrements of thlS Interlocal Agreement,
all unused fundlng monles shall be
forthwlth returned to COUNTY by CITY.
Section 10.
NOTICES.
A.
All notlces, demands, or other writlngs requlred to be glven
or made or sent in thlS Interlocal Agreement, or WhlCh may be glven or made or
sent, by elther party to the other, shall be deemeà to have been fully glven or
made, when sent in wrlting and addressed as follows:
COUNTY
County Manager
Lake County Adrnln.Bldg.
315 West Maln Street
Post Offlce Box 7800
Tavares, Florlda 32778
CITY
Mr.Wayne Saunàers
Clty Manager
Clty of Clermont
P. o. Box 120219
Clermont, Florlda
34712-0219
B.
All notlces requlred, or WhlCh may be glven hereunder, shall
be consldereà properly glven if (1) personally dellvered,
(2) sent by certlfleà
Unlted States mall, return recelpt requested, or (3ì
sent by Federal Express or
other equlvalent overnight letter àellvery company.
C.
The effectlve date of such notlces shall be the date personally
dellvered, or lf sent by mall, the date of the pos~mark, or lf sent by overnlght
letter dellvery company,
the date the notice was plcked up by the overnight
letter àellvery company.
D.
Partles may deslgnate other partles
or adàresses
to WhlCh
notlce
shall be sent by notlfYlng,
ln wrl ting,
the other party ln a manner
deslgnated for the fillng of nO~lce hereunder.
Section 11.
Amendments.
No modificatlon, amendment, or alteratlon of the
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terms or conditions contained hereln shall be effectlve unless contained In a
equal dlgnlty herewlth.
wrltten document executed by the parties hereto, wlth the same formality, and of
Section 12. Entire Aareement.
This document incorporates and includes all
prior negotiatlons, correspondence, conversatlons, agreements, or understandlngs
applicable to the matters contalned hereln, and the partles agree that there are
no comHQtments, agreements, or understandings concerning the subject matter of
thls Interlocal Agreement that are not contalned In thls document.
Accordlngly,
It lS agreed that no devlatlon from the terms hereof shall be predlcated upon any
prlor repr~sentations or agreements whether oral or wrltten.
Agreement
lS
Section 13. Severabi1itv.
the unenforceabllity
held to be unenforceable
In the event any provision of thls Interlocal
for any reason,
thereof shall not affect the remalnder of the Interlocal Agreement WhlCh shall
IN WITNESS
WHEREOF,
remain in full force and effect and enforceable In accordance with ltS terms.
partles
the
hereto
executed
this
have
made
and
Agreement on the respectlve dates under each signature:
Lake County through its
Board of County Commlssloners, slgnlng by and through ltS Chalrman, authorized
to execute sa~ by Board action on the ~I~day of ~~ ,19~, and
Robert A. Pool, Mayor, duly authorized to execute s~ .
ATTEST:
IL~~
James C. Watklns, Clerk
of the Board of County
COmHQSSlOners of Lake
Counc:y, Florlda
COUNTY
LAKE COUNTY, through ltS
cj;dJ:;:.°ø/ll;
William "Bill" H. Good, Chairman
Th1S :J./Elctay of ~-
1997. c/
Approved as to form and
~n£~ ~'-~ ~
Assistant County Attorney
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CITY
ATTEST:
CITY OF CLE=NT~
m~:/~
Robert A. Pool, Mayor
Clty Clerk
7~
ThlS -1.b....
19~.
day of :Dec.., .L~,
Approved as to form and
legality:
c- - L~~-- ~-r -------
Clty Attorney
EXHIBIT A
The purchase and construction of playground equlpment and a half court
basketball court at Montrose West Playground located between Montrose Street and
12th Street, both Parks are owned, operated by and located wlthin the Clty of
Clermont. Also the resurfacing of 18 shuffleboard courts at Kehlor Park, located
at 5TH Street and Mînneola Street.
INTERLOCAL AGREEMENT BETWEEN LA1ΠCOUNTY AND THE CITY OF CLERMONT,
FLORIDA
RELATING TO
CONTRIBUTION OF
INFRASTRUCTURE
SALE S
TAX FUNDS
FOR
COMMUNITY
RECREATIONAL PROGRAMS
t \users\kelly\docs\clermont agr
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