1996-61
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INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT
RELATING TO
PITT STREET AND EAST JACKS LAKE ROAD (CR# 2-1350)
PROJECT NO. 5-96
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, its successors and assigns,
hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, Chapter 125, Florida Statutes, County Government,
subsection 125.01(m), provides to counties the authority to
provide arterial and other roads; and
WHEREAS, Chapter 163, Florida Statutes, Intergovernmental
Programs, Part I, Miscellaneous Programs, Section 163.01, The
Florida Interlocal Cooperation Act of 1969, subsection 163.01(5),
provides that a joint exercise of power by public agencies may be
made by contract in the form of an interlocal agreement; and
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WHEREAS, both COUNTY and CITY are "public agencies" within
the meaning of Chapter 163, Florida Statutes, Intergovernmental
Programs, Part I, Section 163.01, the Florida Interlocal
Cooperation Act of 1969; and
WHEREAS, COUNTY and CITY desire to cooperate in the
construction of pitt Street and East Jacks Lake Road (CR# 2-1350)
Project No. 5-96 in the Clermont area;
NOW, THEREFORE, IN CONSIDERATION of the mutual terms,
conditions, promises, and covenants hereinafter contained, the
parties agree as follows:
Section 1.
Recitals.
The above recitals are true and
correct and incorporated herein.
Section 2.
Scope of Work.
Pitt Street, in the City of
Clermont, is being extended easterly to connect to an extension
of East Jacks Lake Road (County Road Number 2-1350). East Jacks
Lake Road (County Road Number 2-1350)
is being constructed as a
four-lane highway from State Road 50 North 2,900 feet to the
extension of pitt Street.
Left and right turn deceleration lanes
will be constructed on State Road 50 at the intersection of East
Jacks Lake Road (County Road Number 2-1350).
Water and Sewer
improvements are also being done with this project.
The CITY has
contracted with Springstead Engineering, Inc. to provide
construction plans, specifications, and required permits for this
project.
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Section 3.
Bid Procedure.
COUNTY requested sealed bids,
pursuant to the Lake County Purchasing Policy, for the entire
construction project.
The cost of the project is $1,925,817.66.
Upon CITY execution of this Interlocal Agreement, COUNTY shall
formally accept the lowest lump sum bidder.
Section 4. Responsibilities. The COUNTY is responsible to
pay $1,679,152.35 for the Engineering, Permitting, Construction,
and Materials of the road improvements, from Road Impact Fee
Funds, as follows:
a.
Construction of a new road known as "North Ridge
Boulevard"
(extension of Pitt Street) as per approved
plans.
b.
Construction of an extension of East Jacks Lake Road
(CR# 2-1350) as per approved plans.
c.
Construction of left and right turn deceleration lanes
on State Road 50 at the intersection of East Jacks Lake
Road (CR# 2-1350) as per approved plans.
d.
Construction of drainage improvements as per approved
plans.
e.
Reimbursement to the CITY for the reasonable and
necessary costs for engineering and permitting related
to roads and drainage, which are not included in the
sealed bids for construction.
Prior to signing this
agreement, the City's Engineer has billed the CITY for
work related to this project.
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The CITY is responsible to pay $375,003.85 for the
Engineering, Permitting, Construction, and Materials of the
following:
a.
Construction of a water distribution system as per
approved plans.
b.
Construction of a sanitary sewer system as per approved
plans.
Section 5.
Construction and Payment Procedure.
a. The approved contractor will bill the COUNTY directly
for items related to the County's portion of work. The
approved contractor will bill the CITY directly for
items related to the City's portion of work.
b.
The CITY is responsible to act as the applicant and to
provide all applicable permits required by its portion
of the project.
The COUNTY will be the applicant for
road and drainage permits.
The City engineer will be
responsible to ensure that all applicable permits
related to this project are issued by the appropriate
governing agencies, i.e. SJRWMD, FDOT, EPA., prior to
construction.
c.
The COUNTY shall provide construction inspection for
its portion of the project.
The CITY shall provide
construction inspection for its portion of the project.
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Section 6.
Term.
The term of this Interlocal Agreement
shall be from its date of execution by the last party executing
until the Pitt Street and East Jacks Lake Road (CR# 2-1350)
Project No. 5-96 has been completed, the roadwork is accepted by
the COUNTY, the water, and sanitary sewer work is accepted by the
CITY and all invoices from contractor have been paid by COUNTY
and CITY or until its termination pursuant to Section 7.
(A)
Notices.
(1)
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 fully given or made or sent when in writing and
addressed as follows:
CITY
Wayne Saunders, City Manager
City of Clermont
P.O. Box 120219
Clermont, FL 32712-0219
COUNTY
Sue B. Whittle, County
Lake County Courthouse
315 West Main Street
Tavares, Florida 32778
Manager
(2) All notices required, or which may be given
hereunder, shall be considered properly given if (a) personally
delivered, (b) sent by certified United States mail, return
receipt requested, or (c) sent by Federal Express or other
equivalent overnight letter delivery company.
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(3 )
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.
(4 )
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 7.
Termination.
Either party may terminate this
Interlocal Agreement by giving thirty (30) days written notice to
the other party.
However, if the CITY terminates this Interlocal
Agreement, it shall be liable to COUNTY for all costs and damages
incurred by COUNTY.
Section 8.
Modification.
No modification or 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 9.
Entire Agreement.
This Interlocal Agreement
embodies the entire agreement between the parties.
It may not be
modified or terminated except as provided herein.
If any
provision herein is invalid, it shall be considered deleted
therefrom, and shall not invalidate the remaining provisions.
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INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY
AND THE CITY OF CLERMONT
RELATING TO PITT STREET AND EAST JACKS LAKE ROAD
EXTENSION PROJECT NO. 5-96
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 5th day of November, 1996,
and the CITY OF CLERMONT, FLORIDA, through its CLERMONT CITY
COMMISSION, signing by and through its Mayor, authorized to
execute the same by Commission action on the ~~ day of bL~
-, 1996.
ATTEST:
COUNTY
"
"---
LAKE COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
~?~
Welton G. Cadwell, Chairman
This {~day of ~,
1996.
Jam C. Watkins, Clerk
Of The Board Of County
Commissioners of Lake
County, Florida
Approved as to form and
legality by County Attorney
for Lake County, Florida
Lake County Courthouse
315 W. Main Street
Tavares, Florida 327 8
(352) 3 -9787
Sanford A. Minkoff
County Attorney
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INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY
AND THE CITY OF CLERMONT
RELATING TO PITT STREET AND EAST JACKS LAKE ROAD
EXTENSION PROJECT NO. 5-96
ATTEST:
CITY
CITY OF CLERMONT
FLORIDA
/2¿ 4;d~
--
Robert A. Pool
Mayor
Approved as to form and
legality by City Attorney
Leonard H. Baird, Jr.
for Clermont, Florida
Post Office Box 1066
Clermont, Florida 34712-1066
(352) 394-2114
~~
Leonard H. Baird, Jr. ~
City Attorney
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