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HomeMy WebLinkAbout2000-3140 0 J INTERLOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORIDA, and CITY OF FELLSMERE, FLORIDA THIS INTERLOCAL AGREEMENT is by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter "COUNTY'), and the CITY OF FELLSMERE, FLORIDA, a municipal corporation (hereinafter "CITY'), for the purpose of improvement, restoration, rehabilitation, adaptive use, and lease, of the historic Fellsmere School located at 22 South Orange Street, Fellsmere, Florida, and more particularly described as follows: Lots 1 to 26 inclusive, Block 103, TOWN OF FELLSMERE, according to the plat thereof, recorded in Plat Book 2, Page 3, Public Records of St. Lucie County, Florida, now being in Indian River County, Florida. WHEREAS, the Florida interlocal Cooperation Act of 1969 (Chapter 163, Florida Statutes (1999), and Section 125.01(p), Florida Statutes (1999), authorize the COUNTY and the CITY to enter into this interlocal agreement; and WHEREAS, the CITY owns real property located at 22 South Orange Street, Fellsmere, Indian River County, Florida, and a structure thereon known as the Fellsmere School, and the CITY has obtained a Harry T. and Harriett Moore Grant in the amount of $150,000 for partial restoration of the historic Fellsmere School for recreational purposes; and WHEREAS, by mutual agreement among the CITY, the COUNTY, and the Florida Department of Environmental Protection, the COUNTY has been substituted for the CITY as grantee for the recreational project known as Fellsmere Little League Park, a/k/a the Harry T. and Harriett Moore Grant, and the COUNTY has assumed responsibility for the implementation of the Harry T. and Harriett Moore Grant and partial restoration of the historic Fellsmere School; and WHEREAS, the CITY has a Save Our Old School Fund containing additional funds in the approximate amount of $116,000 which it agrees to remit to the COUNTY toward the cost of restoring the Fellsmere School; and WHEREAS, it would be in the common interest of the people of Indian River County for the COUNTY and the CITY to enter into this interlocal agreement, NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter set forth and pursuant to the statutory authority contained in Section 125.01, Florida Statutes (1999), and Chapter 163, Florida Statutes (1999), the COUNTY and the CITY agree as follows: 4D i 0 1. The COUNTY, with the $150,000 Harry T. and Harriett Moore Grant, together with at least $116,000 of additional CITY funds, agrees to partially restore or cause the partial restoration of the Fellsmere School consistent with the terms and provisions of said grant. 2. The CITY shall remit to the COUNTY any additional grant funds it receives in connection with the Fellsmere School project and at least an additional $116,000 of CITY funds. The COUNTY agrees to place such additional CITY funds in a restricted account to be used solely for restoration of the Fellsmere School. The amount of grants, together with other funds remitted to the COUNTY by the CITY, shall be the maximum amount of funds that the COUNTY will spend on the renovation project. The COUNTY shall not be required to contribute any funds toward the renovation project. 3. The COUNTY and the CITY shall coordinate to fulfill the purpose and objectives of the project and the grant. 4. The CITY hereby leases to the COUNTY the subject property for the purposes set forth herein for the sum of one dollar ($1.00) per year and other consideration as set forth herein. 5. After completion of the restoration project the COUNTY shall staff and administer a recreational program at the Fellsmere School, participation in which shall not be limited to City of Fellsmere residents. The nature and extent of the recreational program, including programming, scheduling, and staffing, interatia, shall be determined by the COUNTY. The COUNTY shall be responsible for maintenance and utilities, except that it shall be the CITY's responsibility and obligation to maintain the grounds of the Fellsmere School. In the event the CITY fails to maintain the grounds of the Fellsmere School to the COUNTY's satisfaction the COUNTY may undertake to maintain the grounds, and the CITY shall pay the COUNTY forthwith upon invoice the COUNTY's cost of maintaining the grounds. 6. This agreement and all subsequent amendments hereto shall be recorded in the Official Records of Indian River County, Florida, upon execution by both parties to this agreement. 7. This agreement may be amended only in writing with approval by both parties to this agreement. 8. The term of this agreement is ten years, effective on the date of its execution by the second of the two parties, and renewed automatically for successive five-year periods on the anniversary date, unless either party, by written notice dispatched via certified mail, return receipt requested, or delivered by hand delivery, to the other party, at least thirty (30) days prior to the end of the concluding contract period, elects not to renew this agreement, in which case the agreement shall not be renewed. The CITY shall not sell, convey, or encumber the subject property during the term of this or any renewal i 40 El agreement. The CITY authorizes the COUNTY to execute and record in the Official Records of Indian River County any restrictive covenants required by any grant. Likewise, the CITY shall execute any restrictive covenants required by any grant. 9. After ten years either party may terminate a renewal agreement by providing at least one hundred twenty (120) days' written notice of such termination to the other party. Any written notice contemplated by this agreement shall be directed as follows: To the COUNTY: County Administrator 1840 25`h Street Vero Beach, FL 32960 (or any successive address of the Indian River County administration building) To the CITY: Mayor City of Felismere 21 Cypress Street Fellsmere, FL 32948 (or any successive address of Fellsmere City Hall) IN WITNESS WHEREOF, the parties hereto have caused this interlocal agreement to be executed by their duly authorized officials on the dates indicated below. Attest: J.K. Barton, Clerk .�� BY Deputy Clerk Date: October 17, 2000 Attest: Deborah C. Krages City Clerk By L)���� >,!�� City Clerk Date: %a *-- INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Fran B. Adams, Chairman BCC Approved: 10-17-2000 CITY OF FELLSMERE By Robert C. Ba er, May,6r