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2001-02 . CAPITAL IMPROVEMENTS FACILITIES MANAGEMENT FAIRGROUNDS PARKS AND RECREATION PO BOX 7800 315 W. MAIN STREET TAVARES, FLORIDA 32778-7800 . ,. 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 . DISTRICT ONE JENNIFER HILL DISTRICT TWO ROBERT A. POOL DISTRICT THREE DEBBIE STIVENDER DISTRICT FOUR CATHERINE C. HANSON DISTRICT FIVE WELTON G. CADWELL . . . AGREEMENT BETWEEN LAKE COUNTY AND 8 THE CITY OF CLERMONT, FLORIDA RELATING TO CONTRIBUTION OF BOATING IMPROVEMENT FUNDS FOR BOATING-RELATED FACILITIES . . . . . . 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 1 . . . . . 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: 2 . . . . . 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). 3 , . . . . . . 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 4 . . . . . . . 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 5 . . . . . 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 6 . . . . . 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 7 . . . . . 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 ~~ Catherine C. Hanson, Chairman This í~day of {ëb. , 2001. ~T arold Turville, City ~or This 1'"2- day of\)J2l'~\I'(\~L 2000 8 . . . . ~ . . 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. 9