1997-05
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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 PROGRAMS
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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 PROGRAMS
This
political
is
Interlocal
between:
Agreement
COUNTY,
LAKE
a
an
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 corporatl0n pursuant to the laws of the
state
of
in
successors
its
Florida,
Florida,
and
assigns,
Lake
County,
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 Interlocal
Cooperation Act of 1969, subsection 163.01(4), provldes that public agencies of
the State of Florida may exerClse jointly wlth 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 ln the
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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 lnfrastructure sales tax funds for
community recreational purposes for Fiscal Year 1996-1997; and
WHEREAS, CITY operates parks and community recreational facilities which
provide 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
of
promises,
covenants,
the
THEREFORE ,
IN
mutual
CONSIDERATION
conditions and payments hereinafter contalned, the parties do agree as follows:
Section 1.
recitals
are
RecitaJ.s.
The
above
true
and
correct
and
incorporated herein.
Section 2.
ObJ.iaations of COUNTY and CITY.
COUNTY agrees to pay to CITY
up
to
Nine
($17,900.00)
County
Thousand,
Hundred
Dollars
Seventeen
from
Infrastructure Sales Tax funds from Fiscal Year 1996-1997 for park and community
recreational capital lmprovements.
It is understood and expressly agreed that
said
funds
shall
be
used
exclusively
by
only
those
community
for
CITY
recreational and capital lmprovements described in Exhibit A, which is attached
hereto and lncorporated 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 fundlng monies to CITY
unless
previously
correspondence
has
delivered
CITY
to
documentary
COUNTY
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".
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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 evldenced by the correspondlng documentation specified in paragraph A above.
Notwithstanding the foregoing, in no event shall COUNTY be obligated to pay to
CITY
total
in
excess
monies
of
Thousand,
Nine
Hundred
Dollars
Seventeen
($17,900.00) .
C.
CITY has complied wlth all the remainlng terms and conditions
of this Interlocal Agreement.
Section 3.
The CITY shall provide to COUNTY
F.~nditure of Funds bv CITY.
a full accounting at the end of each quarter of the expenditures of any funds
pald to CITY during the quarter.
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, 1997, for the purposes enumerated hereln, the
unused funds shall be forthwith returned to COUNTY.
Section 4.
Desian. Construction and ODeration of Faci1ity. CITY is solely
responsible
the
design,
construction
and
operation
of
all
for
comrnunlty
recreational facllities and equipment funded hereby, and for the content of the
program and supervision of programs at the PROJECT.
Section 5.
Identifvinq Fundinq Sian.
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 resldents.
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 Aareement.
This Interlocal Agreement shall become
effective on the date the last party executes the Agreement and shall continue
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through September 30, 1997.
Section B.
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 Aareement or Refusal. or InabiJ.itv to Perform bv
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 thlS Interlocal Agreement, all unused funding monies shall be
forthwlth 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 writlng and addressed as follows:
COUNTY
County Manager
Lake county Admin.Bldg.
315 West Main Street
Post Office Box 7800
Tavares, Florida 32778
CITY
Mr.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 certlfied
United States mall, 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 notlce was plcked 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.
Amendmen ts .
No modification, amendment, or alteration of the
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terms or conditions contained herein shall be effective unless contained in a
equal dignity herewith.
written document executed by the part~es hereto, with the same formality, and of
Section 12. Entire Aareement.
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 cornmltments, agreements, or understandings concerning the subject matter of
th~s Interlocal Agreement that are not contained in this document.
Accordingly,
it is agreed that no deviation from the terms hereof shall be predicated upon any
Section 13. Severabi1ity.
prior representations or agreements whether oral or written.
In the event any prov~sion of this Interlocal
Agreement is held to be unenforceable
for any reason,
the unenforceability
thereof shall not affect the rema~nder of the Interlocal Agreement which shall
:rN WITNESS WHEREOF,
remain in full force and effect and enforceable in accordance with its terms.
executed
the
parties
this
have
and
hereto
made
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 dlD&day of ~ ,192.2..-, and
Robert A. Pool, Mayor, duly authorized to execute sa .
ATTEST:
CL~;
James C. Watkins, Clerk
of the Board of county
commissioners of Lake
County, Florida
COUNTY
LAKE COUNTY, through its
BOARD OF COUNTY COMMISSIO ERS
William "Bill" H. Good, Chairman
This ;).1 ~ay of ~----
1997. d
Approved as to form and
~lity~. f~ ~ ...." C\\1
;'D~n~i; . ~-'o ~
Assistant County Attorney
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CITY
ATTEST:
ß::;~
Robert A. Pool, Mayor
City Clerk
9~
This ...!b-
l~.
day of :Dec.-. 1. ~,
Approved as to form and
legality:
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City Attorney
EXHIBIT A
The purchase and construction of playground equipment and a half court
basketball court at Montrose West Playground located between Montrose Street and
12th Street, both Parks are owned, operated by and located within the City of
Clermont. Also the resurfacing of 18 shuffleboard courts at Kehlor Park, located
at 5TH Street and Mlnneola Street.
INTERLOCAL AGREEMENT BETWEEN LARE COUNTY AND THE CITY OF CLERMONT ,
FLORIDA
RELATING TO CONTRIBUTION OF
INFRAS TRUCTURE
SALES TAX FUNDS FOR COMMUNITY
RECREATIONAL PROGRAMS
f' \use rs \k elly\d DeS \c I e rm ont . ag r
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