HomeMy WebLinkAbout2002 09 23 Consent G Amended Interlocal Agreement
COMMISSION AGENDA
September 23, 2002
Meeting
Consent X
Informational
Public Hearin
Re ular
11-- .I
Mgr. / Attor / Dept.
Authorization
ITEM G
REQUEST: The Community Development Department requests the City Commission approve and
authorize the Mayor to sign an amended lnterlocal Agreement with Seminole County for
the design, construction and maintenance of Certain Sections of the Cross Seminole
Trail, within the City of Winter Springs Town Center.
PURPOSE: The purpose of this Agenda Item is to request the Commission approve the amended
lnterlocal Agreement that was revised based on the Commission's input on December
3, 2001 between the City of Winter Springs and Seminole County for the design,
construction and maintenance of the Cross Seminole Trail within the Town Center.
CONSIDERATIONS:
1. The Cross Seminole Trail will traverse the City of Winter Springs and its Town Center as a part
of the Florida National Scenic Trail.
2. Dover, Kohl and Partners, the City's planning consultant, recommended the realignment ofthe
previously existing trail location to enhance the economic development potential and design of
the overall Town Center.
3. On April 2, 1998, the County submitted a Trail Realignment application to the Office of
Greenways and Trails (OGT) of the Florida Department of Environmental Protection.
4. On April 26, 1999, the City Commission adopted the first interlocal agreement between the City
and County, which originally obligated the City to design, build and maintain the relocated
portions of the trail in the Town Center.
5. On July 25,2000, the legislature approved the trail relocation.
6. On January 10, 2001, the transfer and closing of the property acquisitions for the relocated trail
portions occurred.
7. On December 3,2001, the City Commission approved the interlocal agreement with changes
related to equal approval of the design.
8. The County agreed to incorporate some the changes but they are unwilling to relinquish final
Consent Agenda Item G
September 23, 2002
Page 2
decision making authority.
FINDINGS:
1. The design and construction of the trail is envisioned to be funded with federal-aid programs.
2. Local Agency Program (LAP) certification is required to use federal-aid funds for project
planning, project development, design, right-of-way acquisition and construction, and the City
does not have this certification.
3. The original interlocal agreement, adopted in April 1999 did not consider the LAP certification
requirement and only addressed the relocated trail segments.
4. The interlocal agreement, if approved, would obligate the County, as LAP certified, to design
and build the portions of the trail within the Town Center, while obligating the City to maintain
those same portions of the trail.
STAFF RECOMMENDATION:
Staff recommends the City Commission approve the amended interlocal agreement between the
City of Winter Springs and Seminole County for the design, construction and maintenance of the
designated sections of the Cross-Seminole Trail Trail.
ATTACHMENTS:
A. City Attorney review letter
B. (Revised) lnterlocal Agreement of July 2002
C. Previous draft ofInterlocal Agreement from December 3,2001 City Commission meeting
D. Minutes of December 3,2001 City Commission meeting
E. Email from Seminole County
COMMISSION ACTION:
/:
/
dt1uvmJ""'nUJ':''''LLIVI'''I~ClVVC:J.':'::>Jr.A.j 4VI 4~:> ::!:>::!bj
oep.~.u~ J:4J~Mj
~age 2
BROWN, WTj\.RD, SALZMAN & 'WEISS, P.A..
Att0171tyI at I..tlw
Usher L. Brown "
Suzanne O'Agresta"
Anthony A. Garganese"
Gary S. SalZman"
John H Ward'
Jeffrey S. Wei9s
OHirc$ in Odal1d". l(is~iJlllll~,
C(u;oa & Vir ra
Debra S. Babb
Jeffrey P. Buak
Alfred Truesdell
John U. Bledenharn, Jr.
J03eph !;. Blitch
Scon D. Oanahy
Todd I< Norman
Vincent E, Scar13t09
"Board Certified Civil Trial1.3wyer
"Soard Certified BUSlneSS Utigation Lawyer
'Board Cenified City, County & LucaJ GOVtlrnment Law
Erin J. O'Leary
Of Counsel
September 9, 2002
Via Facsimile Only
Kip Lockcuff
Public Works/Utility Director
Acting Community Development Director
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, FL 32708-2799
RE: Interlocal Agreement - Seminole County / Cross Seminole Trail
City of Winter SprIngs / General File No. 1193
Dear Kip:
As I. previously informed Earnest McDonald, Seminole County has revised the
Interlocal Agreement to include all of the changes that I recommended on May 18, 2002,
except one. Despite my recommendation, the last sentence in Section 4(a) still states that
"the county has final decision making authority for all Trail design and construction
decisions." This last sentence, in conjunction with my recommended change, creates an
ambigUIty in the contract. On the one hand, the agreement now states that the design and
construction of the Trail improvements will be completed in a manner mutually acceptable
to the City and county, On the other hand, the last sentence mentioned above states that
the county has final decision making authority.
On December 3, 2001. the City Commission directed that the City be on equal
footing with the county regarding the design of the Trail. The current wording of the
agreement makes it unclear whether the City is on equal footing because the county
insists on having final decision making authority.
225 East Robinson Street, Suite 660 . P.O. BOK 2873. Orlando. Florida 32802.2873
Orlando (407) 425-9566 FaK (407) 425-9596. KJs9immee (321) 402-0.144. Cocoa a VIera (866) 425-9566
Websitl!: WIYW.orlandolaw.net . Ernail: finn@of/andolaw.net
SEP-09-2002 15:49
407 425 9596
94%
P.02
onu~",'<iI1 J li'l,",nU J ~,",L.L.."I,",j..u.n"" J..'-ol.... J I . '"". J
~c~-~-u~ ~:~~rMi
r'age ;j
'"'TV I "'T.c...... .:;l.....:;l\,jJ
Kip Lockcuff
Acting Community Development Director
September 9, 2002
Page 2
Given the City Commission's direction, I believe we have two alternatives at this
time. The City can try to convince the county to rewrite the last sentence in Section 4(a),
or staff can bring the current draft to the City Commission to determine whether the
agreement is acceptable.
I am attaching to this letter the latest draft of the agreement that was provided to me
by Earnest McDonald on August 8. 2002. I have underlined the last sentence in Section
4(a) for your convenience.
If you have any questions. please call.
Anthony A. Garganese
City Attorney
AAG:jf
l:
):
1:
!~
l~
Enclosure
cc: Ron McLemore, City Manager
~
11
! !,
I !
;i
~ .;;.
~::~
\....
\';:'
.;~.:
'.'
, .
ii
<)>
'11:
:jii
~~f~
.;~\
)!i
ld
~H
$~~
F;:
:~~
225 East Robinson Street. Suite 660 . P.O. Box 2873. Orlando, Florida 32602-2873
Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402.0144. Cocoa & Viera (866) 425-9566
Wllbsik!: WWWorlandolaw.net . Emall: firm@orlandolaw.net
SEP-09-2002 15:49
...
"
,..
.';
407 425 9596
94%
P.03
Attachment No.2
AMENDED
INTERLOCAL AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND
SEMINOLE COUNTY FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF
A SECTION OF THE CROSS SEMINOLE TRAIL, WITHIN
THE CITY OF WINTER SPRINGS AND ITS TOWN CENTER
TIllS INTERLOCAL AGREEMENT, hereinafter referred to as the "AGREEMENT", is
made and entered into this_day of
2002 by the between SEMINOLE COUNTY, a
political subdivision of the State of Florida, whose address is Seminole County Services building 1101
East First Street. Sanford, Florida 32771, hereinafter referred to as the "COUNTY" and the CITY OF
WINTER SPRINGS, a municipal corporation whose address is 1126 East State Road 434. Winter
Springs, Florida 32708, hereinafter referred to as the "CITY".
WHEREAS, this Trail Section (SECTION) of the Cross Seminole TraillFlorida National Scenic
Trail ("CSTIFNST") extends from Wade Street to Gardena Avenue located within the CITY limits,
including the Town Center (TOWN CENTER) as defined by the Town Center Zoning District, and
portions of unincorporated Seminole County.
WHEREAS, the CITY has realigned the FNST/CST to be more beneficial to the community,
the local and regional multi-use trail users and the economic development potential and fundamental
design of the TOWN CENTER; and
WHEREAS, the State Office of Greenways and Trails has certain rules and regulations
governing the conditions under which the desif,'1l, construction, and maintenance of the proposed section
of the trail thereby requiring an interlocal agreement between the CITY and the COUNTY related to the
design, construction, and maintenance of the trail section; and
WHEREAS, the CITY and the COUNTY desire to enter into an interlocal agreement consistent
with the rules and regulations of the Office of Greenways and Trails of the Florida Department of
Environmental Protection to facilitate design, construction, and maintenance of the trail;
.NOW, THEREFORE, in consideration of the promises, mutual convenants and agreements and
promises contained herein and other good and valuable consideration the receipt and sufficiency of which
is hereby acknowledged by the parties, the parties do hereby covenant; and agree as follows:
SECTION 1. RECITALS. The foregoing recitals are true and correct and form a material part
of this Agreement upon which the parties have relied.
SECTION 2. MANAGEMENT. The Management of this portion of the Cross Seminole Trail
shall be in accordance with the Cross Seminole Trail Land Management Plan and Operational Report,
prepared by Seminole County, prepared for the Florida Department of Environmental Protection, Office
of Greenways and Trails, and Approved by the Board of Trustees of the Internal Improvement Trust
Fund, April 29, 1998 and future amendments.
SECTION 3. DEVELOPMENTPARTNERSHfP.
(a) In recognition of the long term mutual financial benefits which shall accrue to the CITY and the
COUNTY through the development of the Winter Springs TOWN CENTER, the COUNTY will
work with the CITY in the coordination and acquisition of sources of funds to design and
construct the trail segment, the Central Winds Park and Magnolia Square Trailheads located within
the Winter Springs TOWN CENTER. This partnership shall include, but not be limited to, the
COUNTY continuing its programmatic efforts pertaining to a system of trails throughout Seminole
County and prioritization of such effort, the COUNTY submitting applications for grant resources,
the COUNTY participating in joint CITY/COUNTY applications for grant resources, and joint
CITY/COUNTY/developer participation from CITY/COUNTY/developer funds, all being
consistent with the COUNTY'S and CITY'S budgetary process and the COUNTY'S development
and implementation of a Countywide trail system and the appointment of resources relating
thereto.
SECTION 4. DESIGN AND CONSTRUCTION.
(a) The County acknowledges the CITY'S TOWN CENTER and their concern with design
parameters. The COUNTY agrees to fund the design and construction of this SECTION of the
Cross Seminole Trail (paved and unpaved) of which part is within the TOWN CENTER. The
CITY shall participate as the COUNTY's partner in the design for the trail improvements, which
shall be designed and constructed in a manner mutually acceptable to the CITY and COUNTY.
The CITY shall participate in the design process for the trail improvements. The COUNTY'S
Design and Engineering Consultant shall coordinate activities with the CITY and as necessary with
the TOWN CENTER Developer's consultants. COUNTY staff will brief the CITY Commission
on the trail's recommended design and construction. Design and construction shall be consistent
with the Seminole County Cross Seminole Trail Land Management Plan, typical trail design
standards, and guidelines. The COUNTY has final decision making authority for all trail design
and construction decisions.
(b) The County shall be reimbursed for the construction costs pertaining to this -SECTION'S
development as identified in the funding application if and when Metroplan enhancement funds
become available.
(c) The CITY shall be reimbursed for the design and construction costs peltaining to the trailheads
within the TOWN CENTER as identified in the funding application if and when Metroplan
enhancement funds become available.
SECTION 5. MAINTENANCE.
(a) Upon completion of construction of the SECTION, the CITY shall be responsible for all grounds
maintenance of the trail corridors and all maintenance of the trailheads within the TOWN
CENTER. The grounds maintenance shall include any irrigation and lighting and be consistent
with current COUNTY policy relative to maintenance of trails throughout the COUNTY as
depicted in Exhibit "A". The COUNTY will be responsible for the structural integrity of the traiL
(b) The CITY reserves the right to create a special maintenance assessment district, consistent with
State Law, to provide enhanced maintenance over and beyond that established by general
COUNTY policy relative to the maintenance of the trails and trailheads.
(c) Maintenance of the remaining SECTION shall be the responsibility of the COUNTY'S Parks and
Recreation Division.
SECTION 6. STATE ROAD 434 TRAIL OVERPASS. Design, construction and
infrastructure maintenance of the trail overpass over State Road 434 shall be the responsibility of the
COUNTY. Funding for the design and construction of this overpass will be based upon funds provided
by the Florida Department of Transportation.
SECTION 7. INTEGRA TION/ENTIRE AGREEMENT. This Agreement shall constitute the
entire agreement between the parties on this subject. The parties agree that there may be additional
subsequent agreements on the issues set forth herein.
SECTION 8. SEVERABILITY. If any section or portion of this Agreement is determined to
be unlawful by a competent court of law, such determination shall not affect the remaining terms and
conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day, month
and year below written.
C
ATTEST:
,
\ 1'.-
0\AI'- ~
//
BY:
Date: September 23, 2002
ATTEST:
MARYANNE MORSE, Clerk to the
Board of County Commissioners of
Seminole County, Florida.
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
For the use and reliance of Seminole
only. Approved as to form and legal
sufficiency County.
By:
Daryl McLain, Chairman
Date:
As authorized for execution by the Board of
County Commissioners at their
2002 regular meeting.
Seminole County Parks & Recreation
Grounds Maintenance
Cross Seminole Trail
Trash pickup
2 times a week minimum
Blowing Paved Areas
2 times a week minimum
Mowing grass
1 time a week Mar - Nov
1 time a month Dee - F eb
Trimming
As needed for safety
Brush Cutting
As needed for safety
Fertilizing
As needed
Weeding planted beds
1 time a month minimum
Watering
As needed
Erosion repair
As needed for safety
Exhibit A
;;.--/ ~
I ;;- / ':3 ) H;\) )
AMENDED
INTERLOCAL AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND
SEMINOLE COUNTY FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF
A PORTION OF THE CROSS SEMINOLE TRAIL, WITHIN
THE CITY OF WINTER SPRINGS AND ITS TOWN CENTER
\
THIS INTERLOCAL AGREEMENT, hereinafter referred to as the
"AGREEMENT", is made and entered into this
day of
2001 by the
between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose
address is Seminole County Services building 1101 East First Street. Sanford, Florida
32771, hereinafter referred to as the "COUNTY" and the CITY OF WINTER SPRINGS,
a municipal corporation whose address is 1126 East State Road 434. Winter Springs,
Florida 32708, hereinafter referred to as the "CITY".
WHEREAS, this Trail Section (SECTION) of the Cross Seminole Trail/Florida
National Scenic Trail ("CST/FNST") extends from Wade Street to Gardenia Avenue
located within the CITY limits, including the Town Center (TOWN CENTER) and
portions of unincorporated Seminole County.
WHEREAS, the CITY has realigned the FNST/CST to be more beneficial to the
community, the local and regional multi-use trail users and the economic development
potential and fundamental design of the TOWN CENTER; and
WHEREAS, the State Office of Greenways and Trails has certain rules and
regulations governing the conditions under which the design, construction, and
maintenance of the proposed section of the trail thereby requiring an interlocal
agreement between the CITY and the COUNTY related to the design, construction, and
maintenance of the trail section; and
'.
i..../;Q.:;..:.~:.:f;~f;~?0'~~~t~~y
. .. (. . ":; '\-". ,..... ...... .,~/:,.. ,." "..... . .... > ,1<;.,,: . ..;" '0
[~III~lj~ri
. _:,/' WHEREAS, the CITY and the COUNTY desire to enter into an interlocal
.:..~.
. ,
:~f agreement consistent with the rules and regulations of the Office of Greenways and
,.-r
Trails of the Florida Department of Environmental Protection to facilitate design,
construction, and maintenance of the trail;
NOW, THEREFORE, in consideration of the promises, mutual convenants and
agreements and promises contained herein and other good and valuable consideration
the receipt and sufficiency of which is hereby acknowledged by the parties, the parties
do hereby covenant; and agree as follows:
SECTION 1. RECITALS. The foregoing recitals are true and correct and form a
material part of this Agreement upon which the parties have relied.
SECTION 2. DEVELOPMENT PARTNERSHIP.
(a) In recognition of the long term mutual financial benefits which shall accrue to the
CITY and the COUNTY through the development of the Winter Springs TOWN
CENTER, the COUNTY will work with the CITY.in the coordination 'and acquisition...............-
of sources of funds to design and construct the trail segments, the Central Winds
Park and Magnolia Square Trailheads located within the Winter Springs TOWN
CENTER. This partnership shall include, but not be limited to, the COUNTY
continuing its programmatic efforts pertaining to a system of trails throughout
Seminole County and prioritization of such effort, the COUNTY submitting
applications for grant resources, the COUNTY participating in joint CITY/COUNTY
applications for grant resources, and joint CITY/COUNTY! developer participation
from CITY/COUNTY/developer funds, all being consistent with the COUNTY'S and
2
CITY'S budgetary process and the COUNTY'S development and !mplementation of
a Countywide trail system and the appointment of resources relating thereto.
SECTION 3. DESIGN AND CONSTRUCTION.
(a) The COUNTY agrees to fund the design and construction of this trail section of the
Cross Seminole Trail (paved and unpaved) of which part is within the TOWN
CENTER. Construction shall be consistent with the Seminole County Cross
Seminole Trail typical design standards and guidelines.
(b) The County shall be reimbursed for the construction costs pertaining to this trail
section development if and when Metroplan enhancement funds become available.
SECTION 4. MAINTENANCE.
(a) Upon completion of construction of the SECTION, the CITY shall be responsible
for all grounds maintenance of the trail corridors and all maintenance of the
trailheads within the Town Center Zoning District. The grounds maintenance shall
include any irrigation and lighting and be consistent with current COUNTY policy
relative to maintenance of trails throughout the COUNTY as depicted in Exhibit "A".
The COUNTY will be responsible for the structural integrity of the trail.
(b) The CITY reserves the right to create a special maintenance assessment district,
consistent with State Law, to provide enhanced maintenance over and beyond that
established by general COUNTY policy relative to the maintenance of the trails and
trailheads.
SECTION 5. STATE ROAD 434 TRAIL OVERPASS. Design, construction and
infrastructure maintenance of the trail overpass over State Road 434 shall be the
responsibility of the COUNTY. Funding for the design and construction of this
3
....:..
overpass will be based upon funds provided by the Florida Department of
Transportation.
SECTION 6. INTEGRATION/ENTIRE AGREEMENT. This Agreement. shall
constitute the entire agreement between the parties on this subject. The parties agree
that there may be additional subsequent agreements on the issues set forth herein.
SECTION 7. SEVERABILITY. If any section or portion of this Agreement is
determined to be unlawful by a competent court of law, such determination shall not
affect the remaining terms and conditions of the Agreement.
4
"
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day, month and year below written.
I :'
\ , II
c J/,L Y-J} .-'
('/\
ATTEST:
.- . .-.:..:...-.----
BY:
ATTEST:
Date:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARYANNE MORSE, Clerk to the
Board of County Commissioners of
Seminole County, Florida.
By:
Dick Van Der Weide, Chairman
For the use and reliance of Seminole
only. Approved as to form and legal
sufficiency County.
Date:
As authorized for execution by the Board
of County Commissioners at their
. , 2001 regular. meeting.... ... .'
::.
5
/.
/.
.J.'
f Seminole County Parks & Recreation
Grounds Maintenance
Cross Seminole Trail
Trash pickup
Blowing Paved Areas
Mowing grass
Trimming
Brush Cutting
Fertilizing
Weeding planted.beds.. ..... .... '._
Watering
Erosion repair
6
2 times a week minimum
2 times a week minimum
1 time a week Mar - Nov
1 time a month Dee - Feb
As needed for safety
As needed for safety
As needed
1 time a month minimum' ...............
As needed
As needed for safety
Exhibit A
."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 3, 200 I
PAGE 6 OF 41
Regarding the microphones, Deputy Mayor McLeod stated, "Could we make sure in the
evening that all these mikes are turned on before we start our Meetings?"
REGULAR
E. Community Development Department
Requests The City Commission Approve And Authorize The Mayor To Sign An
Amended Interlocal Agreement With Seminole County For The Design,
Construction And Maintenance Of Certain Sections Of The Cross Seminole Trail,
Within The City Of Winter Springs Town Center.
The revised Agenda Item was introduced by Mr. Earnest McDonald, AICP, Advance
Planning Coordinator, Community Development Department and Mr. Charles
Carrington, AICP, Community Development Department Director addressed the City
Commission
Discussion.
Manager McLemore said, "Initially, the County as I recall was going to make us fully
responsible for paving the unpaved trail section - they now have changed, and they are
going to assume that obligation. I think that is a significant change."
Commissioner Blake asked Mr. Carrington, "When will they be breaking ground?" Mr.
Carrington replied, "I would have to contact the County and get that date for you."
Commissioner Blake stated, "That would be interesting to know, for me..." Mr.
Carrington then stated, "...1 can get you an update on that, Sir." Commissioner Blake
added, "I would appreciate that."
Tape I/Side B
Discussion.
Commissioner Blake then stated, "If we pass this and sign it, we need to change the
signature page, Andrea. The new County Chairman is Daryl McLain."
Commissioner Gennell remarked to Mr. Carrington that "You may want to double check
- where you have 'Gardenia Street.' I am very sure that it is 'Gardena.'"
Discussion followed on "Local Agency Program" (LAP) certification, and Deputy Mayor
McLeod asked, "What would it take to be 'LAP' certified?" Deputy Mayor McLeod then
stated, ''1 don't see in here where we have much say in what the design looks like? Mr.
McDonald stated, ''Under SECTION 4. DESIGN AND CONSTRUCTION., there is a
statement that suggests that the City shall participate in the design process for the Trail
improvements. It doesn't suggest to what length the City will participate, and again, this
language can be altered to the Commission's satisfaction, prior to passage." Deputy
Mayor McLeod stated, "I personally think that that needs to be altered." Furthermore,
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
SPECIAL MEETING - DECEMBER 3, 200 I
PAGE70F41
Deputy Mayor McLeod asked Attorney Garganese, "Does the verbiage in this guarantee
that you still have that right or as much say in doing that as what the County does?"
Attorney Garganese said, "Are you referring to 'Shall participate?'" Deputy Mayor
McLeod stated, 'Shall participate' - does that give you the same voting power with the
County's design people.? Attorney Garganese suggested, "... 'Mutually acceptable to the
County and the City' would make you equal partners with the County, rather than just -
having the ability to participate." Deputy Mayor McLeod asked, "Would that not make
sense to us?" Manager McLemore said, "Sure."
Manager McLemore stated, "Probably within the Town Center there will be designs that
will be over and beyond that which the County is usually used to and most of their trails
went to rural areas and we had some issues on the way they took your drainage on the -
section; and I think what the County is going to tell you - you can have anything you
want, but you've got 'x' number dollars of Grants and if it costs anymore, you are going
to have to come up with the balance of that. But we certainly need to have that language
in there. I think it gives us the latitude to put our design there rather than the County's
design and provide for the amenities that we would probably want that would not be
typical County sections for Trails."
"I MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER
MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION.
DEPUTY MAYOR McLEOD ASKED, "DOES THAT MOTION INCLUDE
WHAT WE DISCUSSED TillS EVENING?" COMMISSIONER MARTINEZ
SAID, "INCLUDING YOUR SUGGESTION."
VOTE:
COMMISSIONER GENNELL: AYE
COMMISSIONER MlLLER: AYE
COMMISSIONER MARTINEZ: AYE
COMMISSIONER BLAKE: AYE
Commissioner Blake stated, "Point of Order" and inquired about Deputy Mayor McLeod
voting. Discussion. Commissioner Blake asked Attorney Garganese, "Does the Deputy
Mayor vote, or not?" Attorney Garganese clarified, "In a temporary absence of the
Mayor, the Deputy Mayor should be voting - when he chairs the Meeting. "
DEPUTY MAYOR McLEOD: AYE
MOTION CARRIED.
Deputy Mayor McLeod then said to Mr. Carrington, "So, the past Item, we will have the
City Attorney give you the proper language to put in that to pass it forward." Mr.
Carrington stated, "Yes, sir."
Kip Lockcuff
From:
Sent:
To:
Cc:
Subject:
dwmartin@co.seminole.fl.us
Wednesday, August 07,20029:10 AM
Kip Lockcuff
JMcCollu@co.seminole.fl.us; SLee@co.seminole.fl.us; FVanpelt@co.seminole.f1.us
CST Interlocal with Winter Springs
~
~
I NTERLOCAL AGREEMENT
CST WINTE... David W. Martin, P.E.
Principal Engineer, Special Projects
Engineering Division
520 W. Lake Mary Blvd., Suite 200
Sanford, Florida 32773
407-665-5610
dwmartin@co.seminole.f1.us
----- Forwarded by David Martin/Seminole on 08/07/2002 09:13 AM -----
David Martin
To: ccarrington@winterspringsfl.org
07/31/2002 03:35 cc: Jerry McCollum/Seminole@Seminole, Stephen Lee/Seminole@Seminole,
Frank Van
PM
Pelt III/Seminole@Seminole
Subject: CST Interlocal with Winter Springs
Charles:
Attached is the final version of the agreement. This is the same as the
last copy except for the removal of "consistent with the requirement of
this SECTION 4" from the last sentence in section 4(a). This phrase was
added by Winter Springs and objected to by our Attorney. He states, "
Someone has to have the final say and the proposed change opens the door to
a potential impasse." The final say needs to come from the County as we
manage the trail for the state and have the contract with the design firm
and will have the contract with the contractor.
(See attached file: Interlocal Agreement CST Winter Springs Final
(07-31-02).doc)
Please acknowledge that this is acceptable by having the Mayor sign it and
I'll schedule it for the Board of County Commissioners on August 27, 2002.
Should you have any questions please contact me as soon as possible so we
can conclude this agreement.
David W. Martin, P.E.
Principal Engineer, Special Projects
Engineering Division
520 W. Lake Mary Blvd., Suite 200
Sanford, Florida 32773
407-665-5610
dwmartin@co.seminole.f1.us
-~
AMENDED
INTERlOCAl AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND
SEMINOLE COUNTY FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF
A SECTION OF THE CROSS SEMINOLE TRAil, WITHIN
THE CITY OF WINTER SPRINGS AND ITS TOWN CENTER
THIS INTERlOCAl AGREEMENT, hereinafter referred to as the
IIAGREEMENTII, is made 'and entered into thisK day of ~ 2002 by the
between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose
address is Seminole County Services building 1101 East First Street. Sanford, Florida
32771, hereinafter referred to as the "COUNTY" and the CITY OF WINTER SPRINGS,
a municipal corporation whose address is 1126 East State Road 434. Winter Springs,
Florida 32708, hereinafter referred to as the "CITY".
,
WHEREAS, this Trail Section (SECTION) of the Cross Seminole Trail/Florida
National Scenic Trail (IICST/FNSTII) extends from Wade Street to Gardenia Avenue
located within the CITY limits, including the Town Center (TOWN CENTER) as defined
by the Town Center Zoning District, and portions of unincorporated Seminole County.
WHEREAS, the CITY has r~aligned the FNST/CST to be more beneficial to the
community, the local and regional multi-use trail users and the economic development
potential and fundamental design of the TOWN CENTER; and
7/31/02
<
WHEREAS, the State Office of Greenways and Trails has certain rules and
regulations governing the conditions under which the design, construction, and
maintenance of the proposed section of the trail thereby requiring an interlocal
agreement between the CITY and the COUNTY related to the design, construction, and
maintenance of the trail section; and
WHEREAS, the CITY -and the COUNTY desire to enter into an interlocal
agreement consistent with the rules and regulations of the Office of Greenways and
Trails of the Florida Department of Environmental Protection to facilitate designi
construction, and maintenance of the trail;
NOW, THEREFORE, in consideration of the promises, mutual convenants and
agreements and promises contained herein and other good and valuable consideration
the receipt and sufficiency of which is hereby acknowledged by the parties, the parties
do hereby covenant; and agree as follows:
SECTION 1. RECITALS. The foregoing recitals are true and correct and form a
material part of this Agreement upon which the parties have relied.
SECTION 2. MANAGEMENT. The Management of this portion of the Cross
Seminole Trail shall be in accordance with the Cross Seminole Trail Land Management
Plan and Operational Report, prepared by Seminole County, prepared for the Florida
Department of Environmental Protection, Office of Greenways and Trails, and Approved
7/31/02
2
"
by the Board of Trustees of the Internal Improvement Trust Fund, April 29, 1998 and
future amendments.
SECTION 3. DEVELOPMENT PARTNERSHIP.
(a) In recognition of the long term mutual financial benefits which shall accrue to the
CITY and the COUNTY through the development of the Winter Springs TOWN
CENTER, the CqUNTY will work with the CITY in the coordination and acquisition
of sources of funds to design and construct the trail segment, the Central Winds
Park and Magnolia Square Trailheads located within the Winter Springs TOWN
CENTER. This partnership shall include, but not be limited to, the COUNTY
continuing its programmatic efforts pertaining to a system of trails throughout
Seminole County ahd prioritization of such effort, the COUNTY submitting
applications for grant resources, the COUNTY participating in joint CITY/COUNTY
applications for grant resources, and joint CITY/COUNTY/developer participation
from CITY/COUNTY/developer funds, all being consistent with the COUNTY'S and
CITY'S budgetary process and the COUNTY'S development and implementation of
a Countywide trail system and the appointment of resources relating thereto.
SECTION 4. DESIGN AND CONSTRUCTION.
(a) T~e County acknowledges the CITY'S TOWN CENTER and their concern with
design parameters. The COUNTY agrees to fund the design and construction of
this tfaU SECTION of the Cross Seminole Trail (paved and unpaved) of which part
is within the TOWN CENTER. The CITY shall participate as the COUNTY's
7/31/02
3
partner in the design for the trail improvements, which shall be designed and
constructed in a manner mutually acceptable to the CITY and COUNTY. The CITY
shall participate in the design process for the trail improvements. The COUNTY'S
Design and Engineering Consultant shall coordinate activities with the CITY and as
necessary with the TOWN CENTER Developer's consultants. COUNTY staff will
brief the CITY Commission on the trail's recommended design and construction.
Design and construction- shall be consistent with the Seminole County Cross
Seminole Trail Land Management Plan, typical trail design standards, and
guidelines. The COUNTY has final decision making authority for all trail design
and construction decisions.
(b) The County shall be reimbursed for the construction costs pertaining to this
SECTION'S development as identified in the funding application if and when
Metroplan enhancement funds become available.
(c) The CITY shall be reimbursed for the design and construction costs pertaining to
the trailheads within the TOWN CENTER as identified in the funding application if
and when Metroplan enhancement funds become available.
SECTION 5. MAINTENANCE.
(a) Upon completion of construction of the SECTION, the CITY shall be responsible
for all grounds maintenance of the trail corridors and all maintenance of the
trailheads within the TOWN CENTER. The grounds maintenance shall include any
irrigation and lighting and be consistent with current COUNTY policy relative to
7/31/02
4
"
maintenance of trails throughout the COUNTY as depicted in Exhibit IIAII. The
COUNTY will be responsible for the structural integrity of the trail.
(b) The CITY reserves the right to create a special maintenance assessment district,
'consistent with State Law, to provide enhanced maintenance over and beyond that.
established by general COUNTY policy relative to the maintenance of the trails and
trail heads.
(c) Maintenance of the remaining SECTION shall be the responsibility of the
COUNTY'S Parks and Recreation Division.
SECTION 6. STATE ROAD 434 TRAIL OVERPASS. Design, construction and
infrastructure maintenance of the trail overpass over State Road 434 shall be the.
responsibility of the COUNTY. Funding for the. design and construction of this
overpass will be based upon funds provided by the Florida Department of
Transportation.
SECTION 7. INTEGRATION/ENTIRE AGREEMENT. This Agreement shall
constitute the entire agreement between the parties on this subject. The parties agree
that there may be additional subsequent agreements on the issues set forth herein.
SECTION 8. SEVERABILITY. If any section or portion of this Agreement is
determined to be unlawful by a competent court of law, such determination shall not
affect the remaining terms and conditions of the Agreement.
7/31/02
5
..
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day, month and year below written.
ATTEST:
BY:
Date: September 23. 2002
'-
BOARD OF COUNTY COlv1lvfiSSIONERS
SEMINOLE COUNTY, FLORIDA
-:/) M VA NE MORSE, Clerk to the
'I'i3oard of County Commissioners of
Seminole County, Florida.
\;MtrL
--
By:
Daryl McLain, Chairman
For the use and reliance of Seminole
only. Approved as to form and legal
sufficiency County.
./~
Date: /' ~ - ~,,- tP ~
/
As authorized for execution by the Board
of County Commissioners at their
;;-;;r (2~.;f. I 2002 regular meeting.
7/31/02
6
"
Seminole County Parks & Recreation
Grounds Maintenance.
Cross Seminole Trail
Trash pickup
Blowing Paved Areas
Mowing grass
Trimming
Brush Cutting
Fertilizing
Weeding planted beds
Watering
Erosion repair
7/31/02
7
2 times a week minimum
2 times a week minimum
1 time a week Mar - Nov
1 time a month Dec - Feb
As needed for safety
As needed for safety
As needed
1 time a month minimum
As needed
As needed for safety
Exhibit A