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2002-25 . . . ," . . ' ID/ ~/ ¡;?- . . . . INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY, FLORIDA ANn THE CITY OF CLERMONT FOR IMPROVEMENTS TO OAKLE:Y SEAVER BOULEVARD This Interlocal Agreement is entered into by and between Lake County, Florida, a political subdivision of the State of Florida, hereinafter the "County", and the City ofClennont, a municipal corporation organized under the laws of the State of Florida, hereinafter the "City". WHEREAS, the City desires to improve: Oakley Seaver Boulevard by constructing a two-lane, urban collector roadway, hereinafter the "Project", located within the municipal boundaries of Clennont, Florida, more particularly depicted in Exhibit" A", attached hereto and incorporated herein by reference; and WHEREAS, the improvements to Oakley Seaver Boulevard will provide a route from Citrus Tower Boulevard to North Hancock Road and justifies the use of impact fee monies as the improvements to Oakley Seaver Boulevard will collect and distribute traffic, thereby acting in a collector road capacity; and / WHEREAS, the City desires to use impact fee monies for the design and construction of the improvements to the Project; and WHEREAS, the County and the City are desirous of entering into this Interlocal Agreement to detennine the responsibilities and obligations of each in reference to the Project. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: Section 1. Recitals. herein by reference. The foregoing recitals are true and correct and incorporated Section 2. Oblieations of the City. A. The City shall be solely responsible for design, pennitting, acquisition of necessary right-of-way and construction and inspection of the Project. The City shall comply - I - U:\DOCS\AGREEMNT\Oakley Seaver Interlocal_clermont Final.doc Revised 7/26/02; Marsh . . . .. . . . , . . with all applicable provisions of the Florida Statutes regarding the bidding of professional services and construction services, including section 255.0525, Florida Statutes and section 255.20, Florida Statutes. The City further agrees that the City shall use its best efforts to have the required right-of-way dedicated by donation in lieu of paying for such right-of-way. B. The City agrees that the City shall be responsible for the initial cost of engineering. Once the City has entered into a construction contract, the County shall then reimburse out of impact fee monies the cost of such engineering. The County shall only reimburse the city for the engineering and permitting fees associated with the Road Work only. Water, Sewer, and other utility design and permitting do not qualify for road impact fee payment. C. The City shall provide the County with construction plans for approval at 30%, 60%, 90% and 100% stages of design. The County will review and approve each stage of design in coordination with the City. D. The County shall have the right to review the competitive bidding process utilized by the City and shall additionally have the right to review all bids received. In the event that the County determines that the bidding process is insufficient, the County shall require the City to reject all bids and re-bid the Project. However, if the City refuses to reject the bids and re-bid the Project, then the City shall continue with the Project at the City's sole cost and expense and the County shall terminate this Agreement. E. For reimbursement of construction costs, the City shall submit to the County on a monthly basis invoices for work completed. The invoices shall be signed by the City Manager and shall be submitted to Engineering Director, Department of Public Works, P.O. Box 7800, Tavares, Florida 32778. Payments shall be made: in accordance with Part VII, Chapter 218, Florida Statutes. F. The City shall have the ability to negotiate change orders so long as such change orders do not exceed $25,000 on engineering or ten percent (10%) of the construction costs. G. The City shall, for good and valuable consideration, to the extent permitted by law, protect, defend, indemnify, and hold the County, its officers, commissioners, employees and agents from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees, including a reasonable attorneys' fee or other expenses or liabilities, of every kind and character resulting from any error, omission, or negligent act of the City, its agents, employees, or representatives in the performance of the obligations under this Agreement. - 2- U:\DOCS\AGREEMNT\Oakley Seaver Interlocal_clermont Final.dOl: Revised 7/26/02; Marsh . . . , . . . .' H. The City shall accept right-of-way deeds and easements for the project. The City shall agree to accept the Project into the City maintenance system and maintain the roadway and all associated drainage easement areas. Section 3. Oblie:ations of the County. A. The County shall assist the City in financing the construction of the Project from impact fee money. The County, as part of this Agreement, shall not reimburse the City for the following: 1. Acquisition of right-of-way; provided, however, that if the necessary right-of-way needs cannot be obtained by the efforts of the City through dedication by donation, and needs to be purchased, an appraisal provided by a Florida Department of Transportation certified right-of-way appraiser shall be presented to the Lake County Board of County Commissioners for approval prior to any right-of-way purchase. The County shall agree to pay the professional fees associated with the preparation of the cost of the 2. appraisal. Construction of water, sewer or other utilities not associated with the use of road impact fees B. For those items entitled to reimbursement from impact fee monies, the County shall remit payment upon receipt of a monthly invoice and in accordance with Part VII, Chapter 218, Florida Statutes. In no event shall this Intf:rlocal Agreement exceed $1,430,000.00 for construction and $150,000.00 for design costs, unless a duly authorized change order has been issued. Section 4. Termination. The County shall have the right to terminate this Agreement in the event the City does not comply with the bidding procedures. Otherwise, either party shall have the right to terminate this Agreement for cause with thirty (30) days written notice to the other. In the event of termination by the City, the City shall be entitled to reimbursement of work up to and including the day of termination, as long as such work qualifies for impact fee money. Section 5. 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 parities hereto, with the same formality and of equal dignity herewith. -3- U:\DOCS\AGREEMNT\Oakley Seaver Interlocal_clermont Fina1.doc Revised 7/26/02; Marsh . . . , . . . " . Section 6. 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 P.O. Box 7800 Tavares, Florida 32778 cc: Engineering Director P.O. Box 7800 Tavares, Florida 32778 B. All notices required, or which may be given hereunder, shall be considered properly given if(l) 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. Section 7. Entire Af!reement. This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. Section 8. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, it shall be considered deleted here from, and shall not invalidate the remaining provisions. Section 9. Time is of the Essence. Time is hereby declared to be of the essence in the perfonnance of the duties and obligations offhe respective parties to this Agreement. IN WITNESS WHEREOF, the parties have made and executed this Agreement of the respective dates under each signature: Lake County through its Board of County Commissioners, signing by and through its Chainnan, authorized to execute the same by Board action on the ~ day of 2002, and the City of Clennont, signing by and through its representative duly authorized to execute the same. - 4- U:\DOCS\AGREEMNT\Oakley Seaver Interlocal_clermont Fina1.do(: Revised 7/26/02; Marsh ""'. . Interlocal Agreement between Lake County, Florida and the City of Clermont relating to Oakley Seaver Boulevard. . COUNTY LAKE COUNTY, through its BOARD OF COUNTY~~ ~ Welton G. Cadwell Chairman ames. Watkins, Clerk of the oard of County Commissioners of Lake County, Florida This àlo~day of ~\ö 0 A, 2002 ~d legID~ Me anie Noll Marsh Assistant County Attorney . . - 5 - U:\DOCS\AGREEMN1\Oakley Seaver Interlocal_clermont Final.doc Revised 7/26/02; Marsh . . . , ' . .,. . . Interlocal Agreement between Lake County, Florida and the City of Clermont relating to Oakley Seaver Boulevard. ATTEST: ".- 'kr;r Approved as to Form and Legality: ~ City Attorney --" ~~ - 6- U:\DOCS\AGREEMN1\Oakley Seaver Interlocal_clermont Final.doc Revised 7/26/02; Marsh CITY By: ~L'~ This <B,^day of ~, 2002. . . . . : " ..' ' .' . . . EXHIBIT A - PROJECT DESCRIPTION The road shall be constructed from Citrus Tower Boulevard to North Hancock Road. It will be constructed as a two-lane road with bike lanes and curb & gutter storm sewers. There will be accommodations made for the future trail alignment on the south side of the roadway. * This road is partially constructed already north of the South Lake Hospital on Citrus Tower Boulevard. - 7- U:\DOCS\AGREEMNT\Oakley Seaver Interlocal_clermont Final.doc Revised 7/26/02; Marsh . . . .. DEPARTMENT OF PUBLIC WORKS . POBOX 7800 123 North Sinclair Avenue TAVARES FLORIDA 32778-7800 January 7, 2003 City of Clermont Attn: Wayne Saunders, City Manager P. O. Box 120219 . Clermont, FL 34712-0219 Re: Oakley Seaver Blvd. Agreement C"'_..~ IAJfAl~: Dear Mr. ~ers: . RecePtionist/Information FAX (352) 253-4920 SUNCOM 659-1900 Director's Office Engineering DIvIsion Map Sales Right-of-Way Road Operations DIvIsion SpeCIal Services DIvIsion Administration Mosquito/Aquatic Plant Mgt. Stormwater Management lo/~} 0 ~ (352) 253-490C (352; 253-4905 (352) 253-4944 (352) 253-49iO (352) 253-4943 (352) 253-4980 (352) 253-490; (352) 253-4905 (352) 343-9682 (352) 253-4900 I am providing you with a signed agreement for the improvements to Oakley Seaver Blvd. The Board of County Commissioners has approved the agreement subject to available funding. You may proceed with the engineering and permitting of the roadway. However, prior to bidding this project for construction, please verify with the lake County Department of Public Works that funding is available. . Sincerely, F~ring c: Jim Stivender, Jr., P.E., Senior Director Kathy McDonald, Administrative Services Manager . DISTRICT ONE JENNIFER HILL DISTRICT TWO ROBERT A. POOL DISTRICT THREE DEBBIE STIVENDER DISTRICT FOUR CATHERINE C. HANSON DISTRICT FIVE WELTON G CADWELL