2000-44
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INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
INFRASTRUCTURE SALES TAX FUNDS FOR
COMMUNITY RECREATIONAL PROJECTS
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INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
INFRASTRUCTURE SALES TAX FUNDS FOR
COMMUNITY RECREATIONAL 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 City Commission.
WITNESSETH:
WHEREAS, Chapter 125, Florida Statutes, subsection 125.01 (1)
(f),
authorizes
counties
to
provide
community
recreational
facilities; and
WHEREAS,
Chapter
163,
Florida
Statutes,
Section
163.01,
Florida
Cooperation Act of 1969, subsection 163.01(4), provides
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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,
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
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.
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Section 2.
Obligations of COUNTY and CITY.
COUNTY agrees
to pay to CITY up to Fifteen Thousand Dollars
($15,000.00)
from
County Infrastructure Sales Tax funds from Fiscal Year 2000-2001
for park and community recreational capital improvements.
It is
understood and expressly agreed that said funds shall be used
exclusi vely by CITY for only those community recreational and
capi tal 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 terms 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 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
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 of Fifteen Thousand
Dollars ($15,000.00).
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C.
CITY has complied with all the
terms and conditions
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, 2001, for the purpose 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 for the design, construction
and
operation
of
all
community
recreational
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
and
indicating
the
use
of
1%
sales
tax
dollars. Lake County will provide both of these signs.
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.
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Section 7.
Duration
of
INTERLOCAL
AGREEMENT.
This
INTERLOCAL AGREEMENT shall become effective on the date the last
party executes the INTERLOCAL AGREEMENT and shall continue through
September 30, 2001.
Section 8.
Termination.
This
INTERLOCAL AGREEMENT may
be terminated 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 of INTERLOCAL AGREEMENT or Refusal
or Inability to Perform by CITY.
If CITY should terminate this
INTERLOCAL 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
INTERLOCAL 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
Wayne Saunders, City Mgr.
CITY OF CLERMONT
P.O. Box 120219
Clermont, FL 34712-0219
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no deviation from the terms hereof shall be predicated upon any
prior representations or INTERLOCAL AGREEMENTs whether oral or
written.
Section 13.
Severability.
In the event any provision of
this
INTERLOCAL AGREEMENT is held 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 Chairman, authorized to execute same by
Board action on the \~ day of "De.teJYIber , 2000, and CITY
through Wayne Saunders, City Manager, duly authorized to execute
same.
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ATTEST:
tö:l-
of the Board of County
ounty, Florida
Approved as to form and legality.
:--n1 J .llJì.(.¡~1\ ~
Melanie Noll Mars, Assistant County Attorney
ATTEST: ,-.,
2c~
Approved as to form and legality.
City Attorney
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COUNTY
LAKE COUNTY, through its BOARD OF
COUNTY COMMISSIONERS
~f~. ~tJ.~
Catherine C, Hanson, Chairman
This ~~ay o~ 2000.
\\'a)I.B ~aIΏers, Ci~y MaAager
HAROLD TURVILLE, MAYOR
This ~ day of November, 2000.
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INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT,
FLORIDA RELATING TO CONTRIBUTION OF INFRASTRUCTURE SALES TAX FUNDS
FOR COMMUNITY RECREATIONAL PROJECTS.
EXHIBIT A
Construction of ballfield lighting needs at Hancock Road
Regional Recreational Facility property owned and operated by and
located within the CITY OF CLERMONT, Florida.
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