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2000-39 PO BOX 7800 315 W. MAIN STREET TAVARES. FLORIDA 32778-7800 . DEPARTMENT OF FACI.IES AND CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENTS FACILITIES MANAGEMENT FAIRGROUNDS PARKS AND RECREATION PHONE: (352) 343-9509 FAX: (352) 343-9794 wwwJakegovernmentcom November 30, 2000 City of Clermont P.O. Box 120219 Clermont, FL 34712 Attention: Wayne Saunders City Manager Dear Mr. Saunders: Enclosed is a fully executed original of the Interlocal Agreement between Lake County and the City of Clermont relating to contribution of Regional Park Improvement Funds for FY 2000/2001. If you have any questions or I can be of further assistance, please feel free to contact me at 343-9761. Recreationally yours, LAKE COUNTY PARKS & RECREATION DEPARTMENT ~ Cynthia B. Arroyo Administrative Office Associate I Enclosures: One original agreement DISTRICT ONE JENNIFER HILL DISTRICT TWO ROBERT A. POOL DISTRICT THREE DEBBIE STIVENDER DISTRICT FOUR CATHERINE C. HANSON DISTRICT FIVE WELTON G. CADWELL . . INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT, FLORIDA RELATING TO CONTRIBUTION OF REGIONAL PARK IMPROVEMENT FUNDS . . INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT, FLORIDA RELATING TO CONTRIBUTION OF REGIONAL PARK IMPROVEMENT FUNDS 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 163, Florida Statutes, Section 163.01, Flmida Interlocal Cooperation Act of 1969, subsection 163.01 (4), provides that public agencies of the State of Florida may exercise joindy 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 may be made by contract in the form of an agreement; and 1 . . WHEREAS, both COUN1Y and CI1Y are "public agencies" within the meaning of Chapter 163, Florida Statutes, Section 163.01,; and WHEREAS, COUN1Y has allocated certain Regional Park Grant funds for related facilities for Fiscal Year 2000 - 20001; and WHEREAS, CITY operates Regional Park related facilities which provide activities for citizens of all ages, races and creeds residing in CI1Y and COUN1Y; and WHEREAS, COUNTY is desirous of providing these Regional Park 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 COUN1Y and CI1Y; NOW THEREFORE, IN CONSIDERATION of the protnlses, 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. Obligations of COUNTY and CITY. COUN1Y agrees to pay to CI1Y up to Forty Thousand Dollars ($40,000.00) from Regional Park Grant funds from Fiscal Year 2000 - 2001 for Regional Park facilities. It is understood and expressly agreed that said funds shall be used exclusively by CITY for only those Regional Park facilities described in Exhibit A, which is attached hereto and incorporated herein. Funding payments made to CI1Y by COUN1Y shall be subject to the following terms and conditions: A. COUNTY shall not be obligated to pay any funding monies to CI1Y unless CITY has previously delivered to COUN1Y documentary correspondence sufficiendy detailed and satisfactory to evidence CI1Y'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 2 . . "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 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 Forty Thousand Dollars ($40,000.00) for fiscal year. c. CITY has complied with all the rema11l111g 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 Facilit;y. It shall be the sole responsibility of CITY to insure that all final plans and specifications (i.e., site architectural, engineering) be used in conjunction Witll tlle above referenced project are prepared and certified by an insured, registered architect, engineer or landscape architect (as appropriate) and meet all applicable federal, state and local codes and current engineering practices; that health, safety, durability and economy are considered and incorporated in these plans consistent with the scope and objectives of the project; that full, handicapped accessibility, pursuant to the requirements of Chapter 553, Florida Statutes, Part V incorporated in the design; tllat the proposed development is compatible with its surrounding environment; that all required local, state and federal environmental permits and approvals have been 3 . . obtained; and that provisions have been made to insure adequate supervision of construction by competent personnel. CITY is solely responsible for the design, construction and operation of all Regional Park facilities and equipment funded hereby, and for the content of the program and supervision of programs at the PROJECT. Section 5. Identifying Funding Sign. TI1e 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 d1e 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 September 30, 2001. Section 8. Termination. This 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 Agreement or Refusal or Inabili1;y to Perform by CITY. If CITY should terminate this Agreement as provided in Section 8 or if CITY should subsequendy 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. 4 . . 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 Sue Whitde Lake County Admin. Bldg. 315 West Main Street Post Office Box 7800 Tavares, Florida 32778 CITY Wayne Saunders, City Manager City of Clermont P.O. Box 120219 Clermont, Florida 34712-0219 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 shown on the signed return receipt, or if sent by overnight letter delivery company, the date the notice was delivered 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 Agreement. This document incorporates and includes all pnor negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, 5 . . . . it is agreed that no deviation from the terms hereof shall be 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 unenforceability thereof shall not effect the remainder of the 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 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:J/.:J' day of , 2000, and Wayne Saunders, City Manager, duly authorized to execute same. Ja es C. atkins, Clerk of the Board of County Commissioners of Lake County, Florida AP~ legality~ Melanie Marsh, Assistant County Attorney - ". COUNTY LAKE COUNTY, through its BOARD OF C~ITCO~~~ . ~ -~ Welton G. Cadwell, Chairman Thi~"~Y of ~~~o. 1jST W~/~ t?/. YJÞC!/* City Clerk - O-fpviy CITY CITY OF CLERMONT City Attorney Approved as to form and legality. 6 . . AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT, FLORIDA RELATING TO CONTRIBUTION OF REGIONAL PARK IMPROVEMENT FUNDS FOR REGIONAL PARK FACILITIES. EXHIBIT A The construction of lighting, fencing, bleachers or back stops at Hancock Park, on property owned and operated by and located within the City of Clermont. 7