Loading...
2003-41 ". . . .. . . . INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND CITY OF CLERMONT 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 ~ity Commission. WITNESSETH: . . WHEREAS, Chapter 125, Florida Statutes, subsection 125.01 (1) (t), 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, sub~tion 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 . . WHEQEAS, 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 . .0' . , . 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 welfare 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 are true and correct and incorporated herein. Section 2. Oblie:ations of COUNTY and CITY. COUNTY agrees to pay to CITY up to THIRTEEN THOUSAND THREE HUNDRED TIllRTY THREE AND 33/1 00 DOLLARS ($13,333.33) wm County Infrastructure Sales Tax funds from fiscal year 200312004 for park 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 tenDS 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 ExhibifA, 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 TIßRTEEN THOUSAND THREE HUNDRED THIRTY THREE AND 33/100 DOLLARS ($13,333.33). 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, 2004, for the purpose enumerated here~ the unused funds . shall be forthwith returned to COUNTY. 20f6 . . . . . Section 4. Desim. Construction and Operation of Facilitv. 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. Identifvint!: Fundint!: Sip. 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 PROJECf 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 it charges for CITY residents. Section 7. Duration of Aueement. This INTERLOCAL AGREEMENT shall . become effective on the date the last party executes the INTERLOCAL AGREEMENT and shall continue through September 30, 2004. Section 8. Termination. This INTERLOCAL AGREEMENT may be terminated by either party with thirty (30) days written notice of its intent to terminate. Suc~ written noti~ shall be sent as provided in ~ection 10, Notices. Section 9. Termination of At!reement or Refusal or Inabilitv to Periorm by CITY. If CITY should terminate this INTERLOC~ 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 INTERLOCAL 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 William A. Neron, County Manager Lake County Administration Building 3 1 5 West Main Street Post Office Box 7800 Tavares, FL 32778 CITY Wayne Saunders, City Manager City ofClennont . P. O. Box 12021 Clennont FL 34711 3 of6 . . . . . . 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 ~e 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 A2J'eement. This document incorporates and includes all prior negotiations, correspondence, or conversations, AGREEMENTS, INTERLOCAL 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 INTERLOCAL AGREEMENT that are not contained in this document Accordingly, it is agreed that no deviation from the teons hereof shall be predicated upon any prior representations or INTERLOCAL AGREEMENTS whether oral or written. Section 13. Severabilitv. In the event any provision of this INTERLOCAL AGREEMENT is ~eld 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 Commissioners, signing by and through its Chainnan, authorized to execute same by Board action on the day of . 2003, and CITY . through Wayne Saunders, City Manager, duly authorized to execute same. 40f6 , , . . . .. A TTES~ ~ . COUNTY James C~I Clerk of the' ~oard ? LAKE COUNTY, through its BOARD OF =:::: i.:e Counw. Flo- ~ COUNTY C~~~ ~ity:-. - Welton G. Cadwell. Chairman r Sanford A, Minkoff, County Attorney ThisP1J1cl day odJ.tti'.AM,"" 0 ~ ,2003. ~:, ' - CKyc:t~ -~ This ~day of j)~ . 2003. App~~ality. -- r ~~ City Attorney 50f6 ~'. , . . . . INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY FLORIDA AND CITY OF CLERMONT, FLORIDA RELATING TO CONTRIBUTION OF INFRASTRUCTURE SALES TAX FUNDS FOR COMMUNITY ~J:CREATIONAL PROJECTS. EXHIBIT A THE CITY OF CLERMONT'S project consists of installing safety borders and ADA ramps for the playground units and safety borders for the swing set areas at the following parks: Chestnut park Edgewood Park Hancock Reaeation Park Kiwanis Park McKinney Park Montrose Tot Lot Palatlakaha Reaeation Area Seminole Park West Beach 60f6