2007-02INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLERMONT
AND LAKE COUNTY REGARDING GRANT FOR THE
PRESERVATION OF NATyyURAL AND HISTORICAL RESOURCES.
This Agreement made this `I~day of , 2007, by and between the
City of Clermont, a municipal corporation (herein referred to as "City"), and the Lake
County, Florida, a political subdivision of the State of Florida (herein refereed to as
"County").
WHEREAS, Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act
authorizes municipalities and counties to provide services and facilities through the use of
cooperative agreements for the mutual advantage of each governmental entity; and
WHEREAS, City has purchased the property described on Exhibit "A" attached
hereto, and incorporated herein (herein referred to as "Project Site"), and
WHEREAS, such land was purchased for the purposes of conservation, protection
and enhancement of natural and historical resources and for compatible passive, natural
resource-based public outdoor recreation, and other ancillary uses necessary for the
accomplishment of these purposes, and
WHEREAS, City has applied for and may obtain funding to aid in such purchase
from Florida Communities Trust (herein referred to as "FCT"), and
WHEREAS, City has requested that County make a grant in the amount of Two
Million Five Hundred Thousand Dollars ($2,500,000.00) to aid City in making such land
purchase.
NOW THEREFORE IT IS agreed as follows:
1. Period of Agreement. This agreement shall begin upon execution by both
parties. The covenants and restrictions contained herein shall run with the Project Site
and shall bind, and the benefit shall inure to, County and City and their respective
successors and assigns.
2. Modification of Agreement; Conflict with FCT Agreement. Either party may
request modification of the provisions of this Agreement at any time. Changes which are
mutually agreed upon shall be valid only when reduced to writing and duly signed by
each of the parties hereto. Such amendments shall be incorporated into this Agreement.
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Nothing in this Agreement is intended to conflict with any Agreement that City
and FCT have entered in, or may enter into in the future. The parties agree to amend this
Agreement as necessary to insure compliance with any FCT grant to City given to City
for substantially the same purposes that County is making this grant to City.
3. Recording. Upon execution by the parties hereto, City shall cause this
Agreement to be recorded and filed in the official Public Records of Lake County,
Florida. The City shall pay all fees and charges incurred in connection therewith.
4. Notice. All notices provided under or pursuant to this Agreement shall be in
writing and delivered either by hand delivery or certified mail, return receipt requested, to
the addresses specified below. Any such notice shall be deemed received on the date of
delivery if by person delivery or upon actual receipt if sent by certified mail.
CITY: City Manager
685 W. Montrose Street
Clermont, FL 34711
Tel: 352-241-7355
COUNTY: Chairman
Lake County Board of County Commissioners
P.O. Box 7800
Tavares, Florida 32778
With a copy to:
County Manager
Lake County Board of County Commissioners
P.O. BOX 7800
Tavares, Florida 32778
In the event either party wishes to change its representative or address, notice of the
change shall be provided as required in this paragraph.
5. Payment of Grant Funds to City. The County shall pay to the City as a
grant as provided herein, TWO MILLION FIVE HUNDRED THOUSAND DOLLARS,
($2,500,000). The funds shall be paid to the City within one hundred twenty (120) days
of the execution of this agreement by the both parties.
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6. Cites atg ions. In consideration of the above grant payment, City
agrees to the following terms and conditions affecting the Project Site:
a. City shall not transfer the Project Site, or any part thereof, without the written
approval of County.
b. The interest acquired by City in the Project Site shall not serve as security for any debt
of City.
c. City shall manage the Project Site only for the conservation, protection and
enhancement of natural and historical resources and for compatible passive, natural
resource-based public outdoor recreation, along with other uses necessary for the
accomplishment of this purpose.
d. In accordance with and as a part of its application for FCT funding, the City is
required to prepare and have a approved by FCT, a Management Plan for the Project Site.
At least 30 days before the Management Plan is submitted to FCT for approval, the City
shall provide the proposed Management Plan to the County for review. Within 30 days
after the receipt of the Management Plan, the County may provide to the City comments
and suggestions to the City. Prior to the submission of the Management Plan to FCT,
City shall consider County's timely submitted comment and suggestions The proposed
uses for the Project Site must be specifically designated in the Management Plan.
e. To the extent consistent with applicable law, City shall ensure that the future land use
designation assigned to the Project Site is for a category dedicated to open space,
conservation, or passive outdoor recreation uses.
£ City shall ensure that all activities conducted on the Project Site comply with all
applicable local, state, regional and federal laws and regulations.
g. County shall have the right at any time to inspect the Project Site and the operations of
the City at the Project Site.
h. Except for as provided in the Management Plan as approved by FCT, all buildings,
structures, improvements and signs shall require the prior written approval as to purpose.
County will not unreasonable withhold approval upon sufficient demonstration that the
proposed structures, buildings, improvements, signs, vegetation removal or land
alterations will not adversely impact the natural resources of the Project Site. i. On
October 1 of each year after the effective date of this agreement, City shall provide
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County with an annual stewardship report that documents the progress made on
implementing the Management Plan. For purposes of this subsection, providing County
with a copy of the annual report to FCT shall meet this requirement.
j. City shall erect a permanent recognition sign at the entrance area of the Project Site.
The sign shall acknowledge that the Project Site is open to the public and that County
funds helped fund the purchase. Should City charge any fees for use of the Park Site or
any facility in the park, City agrees that all Lake County residents, whether City residents
or not, will be charged the same fee for such use.
k. A biological inventory of the natural communities found on the Project Site, including
the dominant and listed plant and animal species, shall be conducted prior to any site
development. The inventory shall be used to ensure the protection of biological resources
and be updated periodically.
1. The Project Site shall be managed in a manner that protects and enhances habitat for
native wildlife species that utilize or could potentially utilize the site, including gopher
tortoises and listed wading birds.
m. Any proposed stormwater facility for the Project Site shall be designed to
provide/protect recreational open space or wildlife habitat.
n. To the extent possible, areas around proposed recreational facilities and parking areas
shall be landscaped with native plant species to provide wildlife habitat and enhance the
function and appearance of the Project Site.
o. City agrees and acknowledges that the below listed transactions, events, and
circumstances, collectively referred to as the "disallowable activities", may be disallowed
on the Project Site as they may have negative legal and tax consequences under Florida
law and federal income tax law. City further agrees and acknowledges that these
disallowable activities may be allowed up to a certain extent based on guidelines or tests
outlined in the Federal Private Activity regulations of the Internal Revenue Service:
i) any sale or lease of any interest in the Project Site to anon-governmental person or
organization;
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ii) the operation of any concession on the Project Site by anon-governmental person or
organization;
iii) any sales contract or option to buy or sell things attached to the Project Site to be
severed from the Project Site with anon-governmental person or organization;
iv) any use of the Project Site by anon-governmental person other than in such
person's capacity as a member of the general public;
v) any change in the character or use of the Project Site from that use expected at the
date of the issuance of any series of Bonds from which the disbursement is to be made;
vi) a management contract for the Project Site with anon-governmental person or
organization.
If the Project Site, after its acquisition by the City is to remain subject to any of the
disallowable activities, the City shall provide notice to the County at least sixty (60) days
in advance of any such transactions, events or circumstances, and shall provide County
with such information as County reasonably requests in order to evaluate for approval the
legal and tax consequences of such disallowable activity. In the event that County
determines at any time that the City is engaging, or allowing others to engage, in
disallowable activities on the Project Site, the City shall immediately cease or cause the
cessation of the disallowable activities upon receipt of written notice from County. In
addition to all other rights and remedies at law or in equity, County shall have the right to
seek temporary and permanent injunctions against the City for any disallowable activities
on the Project Site.
7. Default and Opportunity to Cure. In the event of default of any of the terms and
conditions contained herein by City, County shall provide ninety (90) days written notice
of the event of a default, including specific information describing the nature of the
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default. Thereafter, if City fails to correct the identified default on or before the
expiration of ninety (90) days from the receipt of notice, County may declare this
agreement in default and pursue any and all remedies available at law including, but not
limited to, seeking recovery of all funds paid hereunder to the City. Provided however
that any alleged default hereunder shall not be construed as a default in the event the
actions or inactions by City that gave rise to the alleged default are consistent and in
accordance with the City's FCT Agreement regarding the project.
8. Binding Effect. This Agreement shall be binding upon and enure to the
benefit of the parties hereto, their heirs, personal representatives, successors and/or
assigns.
9. Severability. All clauses found herein shall act independently of each
other. If a clause is found to be illegal or unenforceable it shall have no effect on any
other provision of this Agreement.
10. Waiver. Failure of the parties to insist upon strict performance of any of
the covenants, terms, provisions, or conditions or this Agreement or to exercise any right
or option herein contained, shall not be construed as a waiver or a relinquishment for the
future of any such covenant, term, provision, or condition, or right of election, but same
shall remain in full force and effect.
11. Modification. The covenants, terms, and provisions of this Agreement
may be modified, by way of a written instrument, mutually accepted by the parties
hereto. In the event of a conflict between the covenants, terms, and/or provisions of this
Agreement and any written Amendment(s) hereto, the provisions of the latest executed
instrument shall take precedence.
12. Entire Agreement. This Agreement, including referenced exhibits and
attachments hereto, constitutes the entire Agreement between the parties and shall
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supersede, replace and nullify any and all prior agreements or understandings, written or
oral, relating to the matters set forth herein, and any such prior agreements or
understandings shall have no force or affect whatsoever on this Agreement.
13. Applicable Law, Venue, Jur~al. The laws of the State of Florida shall
govern all aspects of this agreement. In the event it is necessary for either party to initiate
legal action regarding this agreement, venue shall lie in Lake County, Florida. The
parties hereby waive their right to trial by jury in any action, proceeding or claim, which
may be brought by either of the parties hereto arising out of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed on the dates set forth below.
ATTEST:
~~ ~-~
James C. Watkins, Clerk of the
Board of County Commissioners
of Lake County, Florida
Ap s o fo a d legality:
Sanford A. Minkoff ,County Attorney
LAKE COUNTY
Board of County Commissioners
of Lake County, Florida
Welton G. Cadwell, Chairman
This day of , 2007.
CITY OF CLERMONT
B .
~;n ~~~,~ arold S. Turville, Jr. Mayor
`"~ "`•' This day of 2007
:, ~~~TTEST•
's. ;;
Tracy Ac yd, Qity Clerk
-~ ~;,~~ ~ . , _Appro ~ o fo and legality:
:~_~ s ~~ -
~,. ~ ...
,~~~~ , e.r~~~~•"°' iel F. City Attorney
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Exhibit "A"
South Portion of Inland Groves Property
The property shall consist of the south one half of the net developable/usable acres of the
entire property described as follows. The net developable/usable acres and the final legal
description for the property to be transferred shall be determined by a survey or other applicable
study as obtained and paid for by Buyer.
Parcel A:
FROM A POINT 33 FT S OF CENTER LINE OF ST RD 561-A ON W LINE
OF GOV LOT 2 RUN S 910.66 FT, E 986.36 FT TO POB, S 49DEG 15
MIN 34SEC E 143.37 FT, S 25DEG 20MIN 19SEC E 82.74 FT, S
47DEG 46MIN 19SEC E 138.47 FT, S 1DEG 23MIN 39SEC E 131.52
FT, S 25DEG 32MIN 4SEC W 137.76 FT, S 1DEG 18MIN 56SEC W
169.01 FT, S 52DEG 28MIN E 73.24 FT, S 41DEG 18MON 48SEC E
53.33 FT, S 47DEG 46MIN 15SEC E 73 FT TO E LINE OF GOV LOT
3, N TO NE COR OF GOV LOT 3, W TO POB, LYING IN E 1/2 OF GOV
LOT 3
ORB 750 PG 876
Parcel ID#:
Alternate Key#:
Approximate Acres:
Parcel B:
14-22-25-000200001600
1781744
2 +/-
GOV LOTS 1, 2 S OF RR, GOV LOTS 4, 5, --LESS FROM
INTERSECTION OF E R/W OF ACL RR WITH MID SEC LINE RUN SE'LY
ALONG R/W 1000 FT FOR POB, E TO LAKE, RETURN TO POB, SE'LY
ALONG R/W TO S LINE GOV LOT 5, E TO LAKE, NW'LY ALONG LAKE
TO INTERSECT FIRST LINE & LESS THAT PART OF S 240 FT OF GOV
LOT 5, BOUNDED ON E BY W LINE OF CSX RR R/W, BOUNDED ON S BY
N EDGE OF WATERS OF PALATLAKAHA RNER, BOUNDED ON W BY E'LY
SHORE OF WATERS OF LAKE HIAWATHA FOR RD R/W-
Parcel ID#:
Alternate Key#:
Approximate Acres:
Parcel C:
14-22-25-000400001500
1303206
176 +/-
FROM INTERSECTION OF E R/W OF ACL RR WITH MID SEC LINE RUN
SE'LY ALONG R/W 1000 FT FOR POB, RUN E TO LAKE, RETURN TO
POB, RUN SE'LY ALONG R/W TO S LINE GOV LOT 5, E TO LAKE,
NW'LY ALONG LAKE TO INTERSECT FIRST LINE
ORB 640 PG 924
Parcel ID#: 14-22-25-000400001700
Alternate Key#: 1303192
Approximate Acres: 5 +/-
South Portion of Daniel Pool Family Trust Property
The property shall consist of the south one half of the net developable/usable
acres of the entire property described as follows. The net developable/usable acres and
the final legal description for the property to be transferred shall be determined by a
survey or other applicable study as obtained and paid for by Buyer.
E 1/2 OF GOV LOT 3--LESS FROM A PT 33 FT
ST RD 565-A RUN S 910.66 FT, E 986.36
157IN 34SEC E 143.37 FT, S 25DEG 20MIN
47DEG 46MIN 19SEC E 138.47 FT, S 1DEG
FT, S 25DEG 32MIN 04SEC W 137.76 FT, S
169.01 FT, S 52DEG 28M1N E 73.24 FT, S
53.33 FT, S 47DEG 46MIN 15SEC E 73 FT T
3, N TO NE COR OF SAID GOV
ORB 1186 PG 1399-1406, ORB 1205 PG 2084
S OF CENTER LINE OF
FT TO POB, S 49DEG
19SEC E 82.74 FT, S
23MIN 39SEC E 131.52
1 DEG 18MIN 56SEC W
41DEG 18MIN 48SEC E
O E LINE OF GOV LOT
LOT, W TO POB
Alternate Key Number: 1742889
Parcel ID No.: 14-22-25-000300002400
Approximate Acres: 37 +/-