2001-02
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CAPITAL IMPROVEMENTS
FACILITIES MANAGEMENT
FAIRGROUNDS
PARKS AND RECREATION
PO BOX 7800
315 W. MAIN STREET
TAVARES, FLORIDA 32778-7800
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,. DE'~ARTMENT OF F AC.IES
.AND CAPITAL IMPROVEMENTS
PHONE: (352) 343-9509
FAX: (352) 343-9794
wwwJakegovernmentcom
February 9, 2001
Harold Turville, City Mayor
City of Clermont
P.O. Box 120219
Clermont, Florida 34711
Dear Mayor Turville,
.
Enclosed is a fully executed original of the legal Agreement between lake County and
the City of Clermont for use relating a to contribution of Boating Improvement Funds
for Boating Related Facilities in your great city.
If you have any questions or if I can be of further assistance, please feel free to
contact me at 343-9761.
Sincerely,
~~
BobStevens,CPRP
Director, Parks & Recreation Division
Cc: Commissioner Bob Pool, District 2
Enclosure: One original legal agreement
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DISTRICT ONE
JENNIFER HILL
DISTRICT TWO
ROBERT A. POOL
DISTRICT THREE
DEBBIE STIVENDER
DISTRICT FOUR
CATHERINE C. HANSON
DISTRICT FIVE
WELTON G. CADWELL
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AGREEMENT
BETWEEN
LAKE COUNTY
AND
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THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
BOATING IMPROVEMENT FUNDS FOR
BOATING-RELATED FACILITIES
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AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
BOATING IMPROVEMENT FUNDS FOR
BOATING-RELATED FACILITIES
This
is
Agreement
between:
LAKE
COUNTY,
an
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
of
State
Florida,
in
Lake
County,
Florida,
its
successors and assigns, hereinafter referred to as "CITY", through
its City Commission.
WITNESSETH:
WHEREAS, Chapter 328, Florida Statutes, subsection 328.72(15)
provides that a portion of the funds received from boat license
fees be returned to County Government to provide recreational
channel markings and public launching facilities and other boating-
related activities; and
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WHEREAS, Chapter 163, Florida Statutes, Section 163.01,
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, 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,
COUNTY has allocated certain boating improvement
funds for boating-related facilities for Fiscal Year 2000-2001; and
WHEREAS,
CITY
boating-related
operates
facilities
which
provides boating-related activities for citizens of all ages, races
and creeds residing in CITY and COUNTY; and
WHEREAS, COUNTY is desirous of providing these boating-related
activities for citizens living throughout the County; and
WHEREAS, COUNTY and CITY are desirous of promoting the health,
safety and welfare of citizens in the COUNTY and CITY;
NOW THEREFORE ,
IN
CONSIDERATION
of
the
promises,
mutual
covenants,
conditions
the
and payments
hereinafter
contained,
parties do agree as follows:
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Section 1.
Recitals.
The above recitals are true and
correct and incorporated herein.
Section 2.
Obligations of COUNTY and CITY.
COUNTY agrees
to pay to CITY up to Forty Thousand Dollars
($40,000.00)
from
County Boating Improvement funds from Fiscal Year 2000-2001 for
boating-related facilities.
It is understood and expressly agreed
that said funds shall be used exclusively by CITY for only those
boating-related
facilities
described
in
Exhibit
which
is
A,
attached hereto and incorporated herein.
Funding payments made to
CITY
by
terms
and
shall
be
subject
COUNTY
the
following
to
conditions:
A.
COUNTY shall not be obligated to pay any funding
monies to CITY unless CITY has previously delivered to COUNTY
documentary correspondence sufficiently detailed and satisfactory
to evidence CITY'S immediate intent and commitment to construct and
to complete the construction of the facility project or projects
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 anyone time during the term of this Agreement
is
directly
dependent
the
of
funds
encumbered
amount
on
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 Forty Thousand Dollars ($40,000.00).
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C.
CITY has complied with all the
terms and conditions
of this Agreement.
Section 3.
Expenditure of Funds by CITY.
The CITY shall
provide to COUNTY a full accounting at the end of each quarter of
the expenditures of any funds paid to CITY during the quarter.
The
CITY understands and further agrees that if all funds paid by
COUNTY pursuant to this Agreement are not expended by CITY by
September 30, 2001, for the purposes 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 to assure that all final plans
and specifications (i.e., site architectural, engineering) to be
used in conjunction with the above referenced project
prepared and
certified
by
insured,
registered
architect,
engineer
or
an
landscape
architect
(as
appropriate)
and meet
all
applicable
federal, state and local codes and current engineering practices;
that health,
safety, durability and economy were considered and
incorporated
these
plans
consistent
with
the
and
scope
ln
objectives of the project; that full, handicapped accessibility
pursuant to
the
requirements
of Chapter
553,
Part V,
Florida
Statutes,
is
incorporated
in
the
design;
that
the
proposed
development is compatible with its surrounding environment; that
all required local,
state and federal environmental permits and
approvals have been obtained; and that provisions have been made to
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insure adequate supervision of construction by competent personnel.
CITY
is
responsible
and
solely
for
the
design,
construction
operation of all boating-related facilities and equipment funded
hereby,
and for the content of the program and 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.
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 charged for CITY residents.
Section 7.
Duration of Agreement.
This Agreement shall
become effective on the date the last party executes the Agreement
and shall continue through Septe~ber 30, 2001.
Section 8.
This Agreement may be terminated
Termination.
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
or
of
Refusal
Agreement
or
Inabili ty to Perform by CITY.
If CITY should terminate this
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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 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
County Manager
Lake County Admin. Bldg.
315 West Main Street
Post Office Box 7800
Tavares, Florida 32778
CITY
Harold Turville, City Mayor
City of Clermont
P.O. Box 120219
Clermont, FL 34711
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 signed for, 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
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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,
wi th the
formality,
and of equal dignity
same
herewith.
Section 12.
This document incorporates
Entire Agreement.
and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained
herein,
parties
commitments,
that
there
and
the
are
no
agree
agreements, or understandings concerning the subject matter of this
Agreement that are not contained in this document.
Accordingly, it
is
deviation
hereof
be
shall
from
the
agreed
that
terms
no
predicated upon any prior representations or agreements whether
oral or written.
Section 13.
Severability.
In the event any provision of
this Agreement is held to be unenforceable for any reason,
the
unenforceabili ty thereof shall not effect the remainder of the
Agreement
which
remain
and
in
full
force
and
effect
shall
enforceable in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the respective dates under each signature:
Lake
County through its Board of County Commissioners, signing by and
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through its Chairman, authorized to execute same by Board action on
the ú£!:!.:l day of ~.
, 2001,
and Harold Turville, City
Mayor, duly authorized to execute same.
atkins, Clerk of the ard of County
ners of Lake County, Florida
Approved as to form and legality.
~C1~:U ~.
Melanie arsh, Assistan County Attorney
A TTEST¡...-
Q; é:T"
Approved as to form and legality.
City Attorney
COUNTY
LAKE COUNTY, through its BOARD OF
COUNTY COMMISSIONERS
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Catherine C. Hanson, Chairman
This í~day of {ëb. , 2001.
~T
arold Turville, City ~or
This 1'"2- day of\)J2l'~\I'(\~L 2000
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AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF BOATING IMPROVEMENT FUNDS FOR BOATING-
RELATED FACILITIES.
EXHIBIT A
Clermont Boat Ramp/Facility: To light up the boat ramps and
the parking area for security and safety purposes. The City would
also like to build restrooms for the boating patrons to use as
needed as an amenity. Property located on property owned and
operated by and located within the City of Clermont, Florida.
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