2005-47~,
INTERLOCAL AGREEMENT BETWEEN
.7
LAKE COUNTY
AND
CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
INFRASTRUCTURE SALES TAX FUNDS FOR
COMMUNITY RECREATION 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 Commission.
WITNESSETH:
WHEREAS, Chapter 125, Florida Statutes, subsection 125.01 (1) (f), authorizes counties
to provide community recreational facilities; and
WHEREAS, Chapter 163, Florida Statues, Section 163.01, Florida Corporation 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 separate; and
WHEREAS, Chapter 163, Florida Statutes, subsection 163.01 (5), provides that a joint
exercise of power by such public agencies shall 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, CITY operates parks and community recreational facilities which provides
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
welfaze 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 aze true and correct and incorporated herein.
Section 2. Obligations of COUNTY and CITY. COUNTY agrees to pay to CITY
• up to twenty thousand dollazs ($20,000.00) from County Infrastructure Sales Tax funds from
fiscal yeaz 2005/2006 for pazk and community recreational capital improvements. It is
understood and expressly agreed that said funds shall be used exclusively by 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 to complete the construction of the facility project(s)
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 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 twenty thousand
dollars ($20,000.00).
C. CITY has complied with all the terms and condition of this INTERLOCAL
AGREEMENT.
Section 3. Expenditure of Funds by CITY. The CITY understands and further
agrees that if all funds paid by COUNTY pursuant to this INTERLOCAL AGREEMENT are not
expended by CITY by September 30, 2006for the purpose enumerated herein, the unused funds
shall be forthwith returned to COUNTY.
Section 4. Design, Construction and Operation of Facility. CITY is the party
solely responsible for the design, construction and operation of all community recreation
facilities and equipment funded hereby, and for the content of the program 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 project construction and indicating the use of 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 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 that is charges for CITY residents.
•
Section 7. Duration of Agreement. This INTERLOCAL AGREEMENT shall
become effective on the date the last party executes the 1NTERLOCAL AGREEMENT and shall
• continue through September 30, 2006
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 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 INTERLOCAL 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 1NTERLOCAL 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:
COUNTY
Cindy Hall, County Manager
Lake County Administration Building
315 West Main Street
Post Office Box 7800
Tavares, FL 32778
CITY
Mr. Wayne Saunders, City Manager
City of Clermont
Post Office Box 120219
Clermont FL 32711-0219
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:
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 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, INTERLOCAL AGREEMENTS, or
understandings applicable to the matters contained herein, and the parties agree that there are no
commitments, INTERLOCAL AGREEMENTS, or understandings concerning the subject matter
of this 1NTERLOCAL 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 INTERLOCAL 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
effect the remainder of the INTERLOCAL 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
INTERLOCAL AGREEMENT on the respective dates under each signature: Lake County
through its Board of County Commission'e`rs,, signing by and through its Chairman,~au~thorized to
execute same by Board action on the C~~ r day of ~ , 2006 and CITY
through Wayne Saunders, City Manager, duly authorized to execute same.
•
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~~~~ LAKE COUNTY throu h its BOARD OF
C. Vy mss, Clerk o the Board of ~ g
Commissioners of ake County, Florida COUNTY COMMISSIONERS
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t~~l a ality. ~- , / _~~~~
~a~f'or~y. ~. `Minkoff, county Attorney Cather' enty Attorney Cather' a Hanson, Chairman
~-
This day of , 2006
.;~ ,.,,<<~~,~,~,~~r,
' c '• ` - ~, CITY OF CLERMONT, through its CITY
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COUNCIL
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'• ~ Cit , •Jerk, ~ C.~ 1 Wayne u ders, City Manager
e~~~`%,,' ,° .. ,` ~, ,,, ` v This 2 ~ day of (~ ~ , 2005.
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Agreement between Lake County and the City of Clermont relating to Contribution of
Infrastructure Sales Tax Funds for Community Recreational Projects
•
~,
AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT RELATING TO
CONTRIBUTION OF INFRASTRUCTURE SALES TAX FUNDS FOR COMMUNITY
• RECREATIONAL PROJECTS.
EXHIBIT A
The City of Clermont will upgrade the electrical and lighting At Bishop Field.
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•