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2012-82 INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY,FLORIDA AND THE CITY OF CLERMONT THIS IS AN INTERLOCAL AGREEMENT between Lake County,Florida,a political subdivision of the State of Florida, hereinafter the "County," and the City of Clermont, a municipal corporation organized under the laws of the State of Florida,hereinafter the"City". WHEREAS, Section 163.01, Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969, allows local governmental entities to cooperate with each other to provide services and facilities;and WHEREAS,the parties desire to cooperate with each other in negotiating the acquisition of reclaimed water,land for a public park,and right-of-way from the City of Orlando and Orange County from or through the Consery II property located in South Lake County;and NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein,the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Mutual Cooperation. The parties agree as follows: a. County and City shall cooperate with each other and jointly negotiate with Orange County and/or the City of Orlando for a minimum of 4.2 mgd of reclaimed water that can be utilized by The City of Clermont and a minimum of 4.0 mgd of reclaimed for use by other South Lake County cities. Lake County shall consider the City's need for reclaimed water prior to granting any land use changes, re-zoning, comprehensive plan amendments or other development approvals of the Consery properties. b. County and City shall cooperate with each other and jointly negotiate with Orange County and/or the City of Orlando to obtain an approximately 200 acres of land at the Consery site for public use for residents in the South Lake County area. c. Should Orange County or the City of Orlando file any application for annexation, rezoning, comprehensive plan amendment or other development, County and City shall jointly consider such application and allow the governing bodies of both to be involved in the decision making process. 1 2012/Parks/consery/Consery property interlocal_8-22-12 • t d.County and City shall work together in negotiating with Orange County and the City of Orlando to obtain the necessary rights of way and property on the Consery property for road purposes in South Lake County. City and County are not obligated by this paragraph to expend any funds and any funding commitment shall require a separate action by County or City as the case may be. 3. Term. This agreement shall remain in effect for five (5) years from the date the last party hereto executes it. 4. Amendment to Agreement. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parities hereto,with the same formality and of equal dignity herewith. 5. 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 or sent when in writing and addressed as follows: County CITY County Manager City Manager Lake County Administration Bldg. City of Clermont 315 West Main Street 685 West Montrose Street Post Office Box 7800 Clermont,Florida 34711 Tavares,Fl 32778 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 which notice shall be sent by notifying,in writing,the other party in a manner designated for the filing of notice hereunder. 6. Entire Agreement. This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. IN WITNESS WHEREOF, the parties have made and executed this Agreement of the respective dates under each signature: Lake County through is Board of County Commissioners, signing by and through its Chairman, authorized to execute the same by Board 2 2012/Parks/consery/Consery property Interlocal_8-22-12 action on the IA day of �(c� �'-� , 2012, and the CITY OF CLERMONT, signing by and through its Mayor,its representative duly authorized to execute the same. G r , 'C CITY OF CLERMONT f' 1 fp& - •1 S Turville,Jr.,Mayor Thia Lday opysT2012 '' - ATTES //7-,� ft Tracey Ac>. .y' City Clerk Approve. . s Form .d Legality: is Ci Attom- COUNTY ATTEST: LAKE COUNTY,through its BOARD OF COUNTY COMMISSIONERS 42-*Q-1-4. Ne .1 K- ly, Cler''rofthe Leslie'Campione,Chairman Board of sun Co as of Lake County,Florida This 1 2 day of&Je-. 1,2012. Approved as to form and le=: ity 41 Iry Sanford A. Minkoff County Attorney 3 2012/Parks/consery/Consery property interlocaL8-22-12