1995-47
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CITY OF CLERMONT
Office of the City Manager
November 15, 1995
Mr. Bruce Thorburn
Lake County Information Service Director
P.O. Box 7800
Tavares, FL 32778
Dear Bruce:
Enclosed are two copies of the executed interlocal agreement between Lake County
and the City of Clermont for Cablevision Franchise which was approved at the regular
Clermont City Council Meeting held November 14, 1995.
Please return one fully executed copy when signed by the appropriate parties.
Sincerely,
CITY OF CLERMONT
~s
City Manager
WS:aw
Enclosures
P.o. BOX 120219 .
CLERMONT, FLORIDA 34712-0219
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PHONE: 904/394-4081
FAX: 904/394-1452
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INTERLOCAL AGREEMENT 8
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BETWEEN
LAD COUNTY
AND
THE CITY OF CLERMONT
POR
CABLEVISION PRANCHISE
This
is an Interlocal Agreement between Lake County,
a
political subdivision of the State of Florida, hereinafter referred
to as "COUNTY",
and
The City of Clermont, a municipal corporation, loc&~ed in Lake
county, Florida, its successors and assigns, hereinafter referred
to as "CITY", through its city Council.
WITNESSETH:
WHEREAS, Chapter 125, Florida Statutes, Powers and Duties,
Section 125.01,
authorizes COUNTY to provide for the health,
safety, and welfare of its citizens and to perform those acts which
are in common inter8st of the people of the COUNTY; and
1fIIBRBA8, Chapter 163,
Florida Statutes,
Intergovernmental
Programs,
part
1,
Miscellaneous
Programs,
Section
163.01,
subsection 163.01(5), provides that a joint exercise of þower by
such public agancies may be made in a contract in the form of an
Interlocal Aqreement; and
WHBRnS, both COUNTY and CITY are "public agencies I' within the
meaning of section 163.01, Florida statutes; and
WHBltBA8 ,
both
COUNTY
and
CITY
have
enacted
ordinances
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providing for the franchise of Cable Communication and standards
required by the providers of the Cable Communicationa; and
WJœaEAS, the standards and requirements found within the
ordinances are the same with the exception of the matters found in
the franchise agreements executed by the public agencies with the j
franchise holder.
HOW 'l'HBRBPORB ,
IN CONSIDBRATION of the mutual promises,
covenants, conditions, and payments hereinafter contained, the
parties agree as follows:
botton 1..
R.ci~a18.L
The above recitals are true and
correct and incorporated herein.
8.e~ioJ1 2.
Ob1iqation8 o~ OOUNTY and CYTY.
COUNTYaqrees
to administer and regulate, including compliance with local, state
and federal regulation, if any, ana complaints from the customers
and will communicate the complaints to the CITY.
Each CITY having
executed an interlocal Agreement, and the COUNTY, shall have one
(1) representative on the Lake County Cable Commission to determine
necessary expenditure of funds for auditing, consultinq or legal
expenses.
The expenditures shall be pro rated according to the
subscriber base per represented area.
section 3.
Duration of Agreement.
This Agreement shall
become effective on the date the last party executes this Agreement
and
shall
continue
through the
expiration
of
the
franchise
agreement wi't.h Lake county Cablevision or for a period of seven (7)
years, whichever occurs first.
SeetioD. f..
Termination of this Aqr..ment.
Either party
may terminate this interlocal agreement upon delivering to the
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other party a ninety (90) day written notice of termination.
section 5.
Ho~ices.
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 i
been fully given or made or sent when in writinq and addressed as !
follows:
COUN'l'Y
a:rï
County Manager, or designee
Lake County Courthouse
315 West Main Street
POBox 7800
Tavares, FL 32778-7600
City Manager
City of Clermont
POBox 120219
Clermont, FL 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 del i very company, the date the
notice was picked up by the overnight letter d~livery 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.
ØeotioD 8.
Am8D4ID.8D~a .
It is further agreed that no
modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity
J
nerewith.
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Section 9.
Jntire A9r..ment.
This document incorporates
and includes all prior negotiations, correspondence, conversations,
agreements, or under~tandings 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.
Accordinqly, it
is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or aqreements whether
oral or written.
bc~ion 10.
8ever&bili~y..
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 teras and conditions.
IN W7TØBSS WBBRBOr, the parties hereto have made and executed
~iB 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 /C/kt day of ~ 1995, and the City of Clemont,
Florida, through its city commission, signed by and through its
Mayor duly authorized to execute same.
COUNTY
~
COUNTY, through its
F COUNTY C ISSIONERS
ames c. Watk1ns, clerk
of the Board of county
commiaoioners of Lake
county, Florida
This ;l7fA:day
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XNTBRI.OCAL AOREEKE}qT BETWEEN LAD COUNTY AND CITY OP CLERKORT 7OR
CAlLBVI8ION ~RAHCBISB
Approved as to form and
lagalit.y.
~ ~,~~
Bruce G. Duncan
Assistant County Attorney
ATTEST:
9tý'~
Approved as to form and
leqallty by city Attorney
city Attorney
tor Clermont, Florida
~I~
Leonard H. Sa rd, Jr.
city Attorney
BGD/qsd
06/21/9~
Icontract/clercabl.trs
~
CITY OF CLERMONT
F~~
Mayor ----
This /i it.. day of f1~
1995.
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