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1998-53 . . AGREEMENT BETWEEN LAKE COUNTY AND TIiE CITY OF CLERMONT, FLORIDA RELATING TO CONTRIBUTION OF BOATING IMPROVEMENT FUNDS FOR BOA TING-RELA TED F ACILmES '" . . AGREEMENT BETWEEN LAKE COUNTY AND TIIE CITY OF CLERMONT, FLORIDA RELATINGTOCONTRmUTIONOF BOATING IMPROVEMENT FUNDS FOR BOATING-RELATED FACILITIES This is an Agreement between: LAKE COUNTY, a political subdivision of the ~tate 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 12, Florida Statutes, subsection 327.25 which provide that a portion of the funds received from boat license fees be returned to County Government to provide recreation channel markings and public launching facilities and other boating-related activities; 1 . . and WHEREAS, Chapter 163, Florida Statutes, Section 163.01, Florida Interlocal Cooperation Act of 1969, subsection 163.01(4), provides rhat 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 may be made by contract in the form of an 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 1997-1998 and 1998-1999; and WHEREAS, CITY operates boating-related facilities which provide 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, 2 . . conditions and payments hereinafter contained, the parties do agree as follows: Section 1. Section 2. Recitals. The above recitals are true and correct and incorporated herein. Obli~ations of COUNTY and CITY. COUNTY agrees to pay to CITY up to Sixty Two Thousand Five Hundred Dollars ($62,500.00) from County Boating Improvement funds from F iscal Year 1998-1999 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 A, which is attached hereto and incorporated herein. Funding payments maqe 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 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 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 Sixty Two Thousand Five Hundred Dollars ($62,500.00). C. CITY has complied with all the remaining terms and conditions of this 3 . . 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, 1999, for the purposes enumerated herein, the unused funds shall be forthwith returned to COUNTY. Section 4. Design, Construction and Operation of Facility. CITY is solely responsible that all final plans and specifications (i.e., site architectural, engineering) to be used in conjunction with the above referenced project were 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 were considered and incorporated in these plans consistent with the scope and objectives of the project; that full, handicapped accessibility pursuant to the requirements of Sections 553.45 thru 553.48, 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 insure adequate supervision of construction by competent personnel. CITY is solely responsible for the design, construction and operation of all boating-related facilities and equipment funded hereby, and for the content of the program and supervision of programs at the PROJECT. 4 . . 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 September 30, 1999. 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 Inability to Perform by CITY. If CITY should terminate this 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: 5 " ' . . COUNTY County Manager Sue Whittle 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 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 Agreement. This document inco1porates and includes all prior 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 6 . . document. Accordingly, 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 ~y of J: f . 192X-. and Robert A. Pool. Mayor, dnly authorized to execute same. u~ G:l¡ ¿\u6Ifte) James C. Watkins, Clerk of the Board of County Commissioners of Lake County, Florida COUNTY Sanfora Minkoff, County Attorney This~dayof~, 19q& . ATTEST: ~~ ---- /~eph V lIe, lty Clerk CITY CITY OF CLERMONT ..^..p l'f6. eel 8:3 1:6 refH. And kt;&li1:y.' > 7 , \. . .' . . ø t ¡O~ Robert A. poO{MaYOr Approved as to form and legality: This !t.J:lc day of (L(t~, 19 c¡ g . ~~~ Leonard H. Baird, Jr. City Attorney for Clermont AGREEMENT BETWEEN LAKE COUNTY AND TIffi CITY OF CLERMONT, FLORIDA RELATING TO CONfRIBUTION OF BOATING IMPROVEMENT FUNDS FOR BOATING-RELATED FACILITIES. EXHIBIT A Construction of a two-lane boat ramp, approximately ten (10) paved parking spaces and seventy (70) grass spaces located on Access Drive located at 300 11th Street on property owned and operated by and located within the City of Clermont. 8 . OFFICE OF FACILITIES AND CAPITAL IMPROVEMENTS CAPITAL IMPROVEMENTS FACILITIES MANAGEMENT FAIRGROUNDS PARKS AND RECREATION P o. BOX 7800 315 WEST MAIN STREET TAVARES, FLORIDA 32778-7800 . PHONE (352) 343-9761 SUNCOM 659-1509 FAX. (352) 343-9794 September 16, 1998 Wayne Saunders, City Manager City of Clermont PO Box 12029 Clermont, FL 34711 RE: Original Executed Interlocal Boating Improvement Agreement for Boating Related Facilities Dear Mr. Saunders: Enclosed is your original executed Interlocal Boating Improvement Agreement for Boating-related facilities between Lake County and the City of Eustis. Please review and give special attention to Section 2A which refers to payment for your project. Payment may be requested partially or totally. An example of proper documentary correspondence would be a quote for services and/or materials ITom a vendor or a copy of a paid invoice(s) for services and/or materials that were used for your project. I will process your documentary correspondence and forward to our finance department as soon as it is received. You should receive a check in approximately three (3) weeks. Upon completion of the County funded services, material and total projects, notify me so that I can personally verify the project improvement(s). Also, whenever possible, recognize Lake County for our funding contribution through an official ceremony, news release, signs, etc. Your cooperation and support will go a long way for Lake County to continue providing boating improvement funds. If! can be of further assistance, please contact me at (352)343-9761. ez:y~ Chuck Pula Parks & Recreation Manager XC' Comn11SslOner Bill Good Sue WhIttle, County Manager Mike Anderson, Sr. Drrector, FacIlIties and Capital Improvements CF/mbn f\users\msbetm \parkdoc\boatimp CIST:;ICT ONE RHONDA H GERBER DIST'1ICT TWO WILLIAM "BILL" H GOOD DISTR'CT Tf-<REE RICHARD SWARTZ DISTRICT FOUR CATHERINE CHANSON DISTRICT FIVE WELTON G CADWELL ~ ... '. ~& ~fJf#/) f,'~/98 ~ UJ~~ 41i~,:. ï I - .~~.<~~ ~-:~\;! .-:' . ~. í' - .' '" . - ...... . "I"'; . ~ _.~ :'. ~·~v· , , , AGREEMENT BETWEEN LAKE COUNTY AND , } TIIE CITY OF CLERMONT, FLORIDA illITATINGTOCONTRmUTIONOF BOATING IMPROVEMENT FUNDS FOR BOATING-RELATED FACILITIES . . " ;)t!t AGREEMENT BETWEEN LAKE COUNTY AND TIIE CITY OF CLERMONT, FLORIDA illITATINGTOCO~UTIONOF BOATING IMPROVEMENT FUNDS FOR BOATING-RELATED F ACILffiES This is an Agreement between: LAKE COUNTY, a political subdivision of the ~tate 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 12, Florida Statutes, subsection 327.25 which provide that a portion of the funds received from boat license fees be returned to County Government to provide recreation channel markings and public launching facilities and other boating-related activities; 1 . . - and WHEREAS, Chapter 163, Florida Statutes, Section 163.01, Florida Interlocal Cooperation Act of 1969, subsection 163.01(4), provides ~at 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 agenåes may be made by contract in the form of an 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 1997-1998 and 1998-1999; and WHEREAS, CITY operates boating-related facilities which provide 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 CONSIDERA nON of the promises, mutual covenants, 2 . . conditions and payments hereinafter contained, the parties do agree as follows: Section 1. Section 2. Recitals. The above reåta1s are true and correct and incorporated herein. Obligations of COUNfY and CITY. COUNTY agrees to pay to CITY up to Sixty Two Thousand Five Hundred Dollars ($62,500.00) from County Boating Improvement funds from Fiscal Year 1998-1999 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 A, which is attached hereto and incorporated herein. Funding payments maqe 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 documentary correspondence sufficiently detailed and satisfactory to evidence CITY'S immediate intent and commitment to construct and to complete the construction of the faci1ity 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 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 Sixty Two Thousand Five Hundred Dollars ($62,500.00). C. CITY has complied with all the remaining terms and conditions of this 3 . . .~': 3"~'; 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 30,1999, for the purposes enumerated herein, the unused funds shall be forthwith returned to COUNTY. Section 4. Design, Construction and Operation of Facility. CITY is solely responsible that all final plans and specifications (i.e., site architectural, engineering) to be used in conjunction with the above referenced project were 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 were considered and incorporated in these plans consistent with the scope and objectives of the project; that full, handicapped accessibility pursuant to the requirements of Sections 553.45 thru 553.48, 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 pennits and approvals have been 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 boating-related facilities and equipment funded hereby, and for the content of the program and supervision of programs at the PROJECT. 4 . . 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, tþ.en 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, 1999. 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 Inability to Perform by CITY. If CITY should terminate this 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: 5 . . ~ ~~~... ' .' '.' ... ·<~i~~ì~~t~~;. COUNTY County Manager David Hanna, City Clerk 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 - .., ~r i' J; '"--: .:-...~:.:£'~ ::~ 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 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 Agreement. This document incorporates and includes all prior 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 6 . . doĊ“ment. Accordingly, 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 WTINESS 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 ¡JffJ.- day of o.r Æ authorized to execute same. , 199f, and Robert A. Pool, Mayor, duly ATTEST: City Attorney James C. Watkins, Clerk of the Board of County Commissioners of Lake County, Florida COUNTY LAKE COUNTY, through its BOARD OF COUNTY COMMISSIONERS Approved as to form and legality. Richard Swartz, Chairman Sanford Minkoff, County Attorney This _ day of 19 ATTEST: ,.- gep~XL Approved as to form and legality. CITY CITY OF CLERMONT 7 .. ." . . Ro&,1Lp~ This _ day of ,19 AGREEMENT BETWEEN LAKE COUNTY AND TIlE CITY OF CLERMONT, FLORIDA RELATING TO CONTRIBUTION OF BOATING IMPROVEMENT FUNDS FOR BOATING-RELATED FACILITIES. EXHIBIT A Construction of a two-lane boat ramp, approximately ten (10) paved parking spaces and seventy (70) grass spaces located on Access Drive located at 300 11th Street on property owned and operated by and located within the City of Clermont. 8