1998-26
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OFFICE OF FACILITIES
AND CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS
FACILITIES MANAGEMENT
FAIRGROUNDS
PARKS AND RECREATION
POBOX 7800
315 WEST MAIN STREET
TAVARES, FLORIDA 32778-7800
.
PHONE. (352) 343-9761
SUNCOM 659-1509
FAX (352) 343-9794
March 30, 1998
City of Clermont
Wayne Saunders, City Manager
PO Box 120129
Clennont, Florida 34711
Re:
Legal Agreement-Boating Improvement Funds for Boating Related Facilities
Dear Mr. Saunders:
Enclosed are two (2) originals of the Legal Agreement between Lake County and The City of
Clennont for the use of Boating Improvement Funds for boating related facilities, Please review
it and obtain the proper signatures. Return both signed copies to me.
When the signed agreements are returned to me, I will place them on the next available County
Commission Agenda for consideration,
If you have any questions or I can be of further assistance, please feel tree to contact me at
(352) 343-9761.
QZQ
Chuck Pula
Parks and Recreation Manager
CP/dd
Enclosures: Two original legal agreements
cc: Commissioner William "Bill" H. Good
DISTRICT Or\E
RHONDA H GERBER
DISTRICT TWO
WilLIAM "BILL" H GOOD
DISTRICT TrRE::
RICHARD SWARTZ
DISTRICT FOUR
CATHERINE CHANSON
DISTRICT FiVE
WELTON G CADWELL
.A
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AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
BOATING IMPROVEMENT FUNDS FOR
BOATING-RELATED FACILITIES
.
.
AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT, FLORIDA
RELATING TO CONTRIBUTION OF
BOATING IMPROVEMENT FUNDS FOR
BOATING-RELATED FACILITIES
This
is
an
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
327,
Florida Statutes,
subsection 327.25
provides 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; and
WHEREAS,
Chapter
163,
Florida
Statutes,
Section
163.01,
Florida Interlocal Cooperation Act of 1969, subsection 163.01(4),
provides that public agencies of the State of Florida may exercise
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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 ,
COUNTY has allocated certain boating improvement
funds for boating-related facilities for Fiscal Year 1997-1998; and
WHEREAS ,
CITY
operates
boating-related
facilities
which
provides 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,
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.
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
2
.
.
1997-1998 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
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
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
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
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.
COUNTY pursuant to this Agreement are not expended by CITY by
September 30, 1998, for the purposes enumerated herein, the unused
funds shall be forthwith returned to COUNTY.
Sectión 4.
Design. Construction and Operation of Facility.
CITY is the party solely responsible to assure that all final plans
and specifications (i.e., site architectural, engineering) to be
used in conjunction with the above referenced project
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
~s
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.
Section 5.
Identifying Funding Sign.
The City shall erect
a permanent sign identifying Lake County as a funding source of
project construction.
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.
.
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, 1998.
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
Inabili ty 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:
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COUNTY
County Manager
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 da te 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 digni ty
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
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, .
.
.
Agreement that are not contained in this 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 - day of
, 19_, and
Robert A. Pool,
Mayor, duly authorized to execute same.
A TrEST:
COUNTY
James C. Watkins, Clerk of the Board of County
Commissioners of Lake County, Florida
LAKE COUNTY, through its BOARD OF
COUNTY COMMISSIONERS
Approved as to fonn and legality.
G. Richard Swartz, Jr, Chamnan
This - day of
,19-
Sanford A. Minkoff, County Attorney
CITY
~~~
CIty Attorney
-------
m4u~ e
Robert A. Poo , Mayor
l1ùi i.ftI.. day of fj~ , 19 9'6.
I -
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~OO2
AGREJØŒNT BETWBEH LAKE COUH'tY AND THE CI~Y OF CLEIUIOH'l, FLORIDA
RE1JlTIRG TO COHTRIBUTION OF BOATING IMPROVEMENT FUNDS FOR BOATIBG-
RE~BD FACILITIES.
EXHIBIT A
construction of a two-lane boat ramp and parking spaces
located on Lake Minneola adjacent to Minneola Ave. On property
owned and operated by, and located within the City of Clermont.
b.cIem1ÞOat.wpd
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