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HomeMy WebLinkAbout2006 11 27 Consent 403 Amendment to Interlocal Agreement with Seminole County COMMISSION AGENDA ITEM 403 Consent X Informational Public Hearing Regular November 27,2006 Meeting I/} /' ~'t--"~ MGR. / Authoriza REQUEST: The Community Development Department, Urban Beautification Services Division, Requesting Approval Authorizing The Execution Of A Second Amendment To The Interlocal Agreement With Seminole County For Maintenance Of The Cross Seminole Trail. PURPOSE: The purpose of this Agenda Item is to request the City Commission authorize a Second Amendment to the Interlocal Agreement with Seminole County for Cross Seminole Trail, providing for the installation and maintenance of additional trees to be installed along the trail in the areas of Central Winds Park and the Parkstone Subdivision. CONSIDERATIONS: On May 13, 1999 (drafted on December 21, 1998), the City entered into an Interlocal Agreement with Seminole County for the design, construction and maintenance of certain sections of the Cross Seminole Trail within the Winter Springs Town Center District. On October 24,2002, the City entered into an amended Interlocal Agreement for the same. In early 2006, City Staff began working with Morrison Homes toward resolving various unforeseen conditions that manifested during construction ofthe project concerning the survivability potential of (97) ninety-seven canopy trees (388 tree credit units) originally planned for interior areas of the Landings at Parkstone Development. A plan was later presented to the City Commission on June 12,2006, Item 401, recommending the subject trees be relocated to the Cross Seminole Trail, in front of the Parkstone Subdivision. After several discussions with Seminole County Staff regarding permission for the City to install and maintain the trees along the Cross Seminole Trail, a Second Amendment to the Interlocal Agreement was provided by Seminole County for approval and execution by the City. CDD/November 3, 2006/10:07 AM November 27, 2006 CONSENT ITEM 403 Page 2 City Stafflater sent the Second Amendment Agreement Document for review by the City Attorney, who found no issues with the document that would prevent approval and execution. FUNDING: No funding is required for execution ofthe Second Amendment to Interlocal Agreement between the City of Winter Springs and Seminole County for Design, Construction, and Maintenance of Certain Sections of the Cross Seminole Trail; however, the City Commission previously authorized funding to perform tree maintenance for this proj ect in Commission Item 401, June 12, 2006, in the amount of $6,000 annually. STAFF RECOMMENDATION: Staff recommends the City Commission authorize execution of the contract, Second Amendment to Interlocal Agreement between the City of Winter Springs and Seminole County for Design, Construction, and Maintenance of Certain Sections of the Cross Seminole Trail. ATTACHMENTS: A. Second Amendment To Interlocal Agreement For The Cross Seminole Trail B. Cross Seminole Trail- Landscape Maintenance Map COMMISSION ACTION: CDDlNovember 3, 2006'10:07 AM A~to...{"",bf+ 'ft ' SBCOIID .lIID'IIlIII:N' '1'0 DJ'1'I:RLOCJU.. ~ BZ'.t:w.u.:lf TD: C1:n OF WDn'D SPIUBGS Al\J1) SBIIJJIOI..B COtJR'l'Y !"OR DBS1:GR, CO!lST1WCT1:ON UD ~ OF CBR.'1'Am 8BC'l'1:OHS OF "l'D eaoss S:l!:ll:INOLZ '1"JUUL W:I'1"B1:R '1"D ern 01' W:J:NI.l'2R SPRDlGS '1'OWJil CDP.rD TB1:S SECO.DJD ~ is made and entered into chis day of , 20___ and is to that certain Interlocal Agreement made and entered into On the 21 Sf. day of December, 1998, as amended on October :24, :2UU2, .between thE- CI'l'Y OP' WDll'D SPRINGS, a municipal corporation whose address i5 1126 E. State Road 434, Winter Springs, ,f1orida 32708. hereinafter referred to as the "CITY", and SEMDIQLE 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.. W 1: '1' N E SSE or B: WBBREAS, the CITY and the CUUNTY entered into the above referenced Interlocal Agreement on December 21, 1998, ao amended on October 24, 2002, for design, construction and maintenance of portions of the Cross Seminole Trail/Florida National Scenic Trail ("CST/FNST" 1 within the City of Winter Springs Town Center; and WHERBAS, the parties desire to amend the Interlocal Agreement so as to extend the CITY's maintenance responsibilities to include an additional one (1) mile section of the CS'l'/FNS'l', from Central WindS Park to Layer Elementary School in Winter Springs; and W'lIBREAB, Section 6 of the Interloca.l Agreement pL'ovides that the parties may enter into additional written agreements regarding the issues expressed herein, NOW, THEREFORE, in consideration of the mutual understandings and agreements contuined herein, the purties ugree to amend the Interlocal Agreement as follows: 1. All provisions of the Interlocal Agreement entered into between the CITY and the COUNTY on December 21, 1998 , as amended on 1 October 24. 2002 are extended to include that portion of the CST/FNST between Central Winds Park and Layer Elementary School in W.i.I1t~! Springs. as shown on Exhibit "AN attached hereto. 2. Except as herein modified, all terms and conditions of the Interlocal Agreement shall remain in full force and effect for the term of the Interlocal Agreement, as originally aet forth in said lnterlocal Agreement. IN ~THRSS WRBRROP, the parties hereto have executed this instrument for the purpose herein expressed. ATTEST: CITY OF WINTER SPRINGS By: ANDREA LOREZO-LUACES, City Clerk JOHN F. BUSH, Mayor Date: ATTEST: BOARD OF COUNTY C()MM.LSSION~.l{S SEMINOLE COUNTY, FLORIDA By: CARLTON HENLEY. Chairman MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. Date; Approvp.d as to form and legal suffiCiency. As authorized for execution vy Lh~ BOa.rd or COUHLy CUltlllllsslone.r.:s at their , 20_____ n~g\lll'l r mp.t"!t. ; ng . For the use and reliance of Sernlrlt.ll~ COWlty ouly. County Attorney AEC' /lpk 8130/06 ~am cross Seminole trail Attachment: Exhibit ~A"-City of Winter Springs Maintenance Area Landscape Maintenance 2 CROSS SEMINOLE TRAIL Second Amendment to Interlocal Agreement between the City of Winter Springs and Seminole County for Design, Construction and maintenance of Certain sections of the Cross Seminole trail within the City of Winter Springs town Center. This second amendment is made and entered into this day of , 20_ and is to that certain Interlocal Agreement made and entered into on the 21 S~ day of December, 1998, as amended on October 24, 2002, between the CrrY OF WDll'ZR SPR.:INGS, a municipal corporation whose address is 1126 E. State Road 434, Winter Springs, I+'lorida 32708. hereinafter referred to as the Cityh, and 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 "COUNTYw. W :I '1' Ii B SSE '1' H: WJD:Rll:AS, the Cl'l'Y and the (.."'(JUN'l'Y entered into the above referenced Interlocal Agreement on Decombor 21, 1998, aD amended on October 24, 2002, for design. construction and maintenance of portions of the Cross Seminole Trail/Florida National Scenic Trail ("CST/FNST") within the City of Winter Springs Town Center; and w:JIERE.lS, the parties desire to amend the Inter local Agreement so as to extend the CITY's maintenance responsibilities to include an additional one (ll mile section of the CS'l'fFNS'l', from Central Winds Park to Layer Elementary Sohool in Winter Springs; and WJIBREAS, Section 6 of the Interlocal Agreement provides that the parties may enter into additional written agreements regarding the issues expressed herein, HOW, THEREFORE, in consideration of the mutual understandings and agreements contained herein, the PQrties Qgree to amend the Interlocal Agreement as follows: 1. All provisions of the Interlocal Agreement entered into between the CITY and the COUNTY on December 21, 1998, as amended on October 24, 2002 are extended to include that portion of the CST/FNST between Central Winds Park and Layer Elementary School in Wlntt:!L Springs, as shown on Exhibit UAH attached hereto. 2. Except as herein modified, all terms and conditions of the Interlocal Agreement shall remain in full force and effect for the term of thE:! Interlooal Agreement, as originally set forth in said Interlocal Agreement. IN' WI'.L'RESS WBBREOF, the parties hereto haVE? executed this instrument for the purpose herein expressed. A Date: ATTEST: BOA1ill Or. COUN'l'Y COMM1SSION1!d{S SEMINOLE COUNTY, FLORIDA By: CARLTON HENLEY, Chairman MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. Date; For the use and reliance of Semlnolt:! COWlty only. Approved as to form and legal sUfficiency. As authorized for execut.ion by Ll1t:! BOdLd u[ Couut.y Comnlsslone.r:s at their , 20_____ rAgulAr mAAt.ing. County Attorney ABC'/lpk 9130/06 ~am cross Seminole trail Attaoh.ment: Exhibit ~AW-City of Winter Springs Maintenance Area Landscape Maintenance 2 Cross Seminole Trail City of Winter Springs Maintenance Area Landscape Maintenance F@b 16 07 02:47p p.2 SZCOHn ANE:NDKE:N'1' TO ZN'l'ERLOCAL AORm:HJi:In' :BZ'.I."W&Df ~ an OF ~ SPlURGS AND Sl!MI:lroLE COtlIqTy FOR DESJ:GR, CQlqS'rJU1C'rI:OH A5D ~ OF CERTADl SEC'rIOHS OF 12m caoss Sl!HntOIrl!i mAZL WXTBIN TXE crrr OF WJ:NTZIl SPRI:NGS 'J.'OWN" CENTER. 'mIS SECom> ~ is made and entered into this 9. day of ~~~. ,20&7 and is to that certain Interlocal Agreement made anCl entered into on the 21Gr. day of December, 1998,. as amended on Oc:tober ~ 4; 2 UU2 , bs-two!en the C:rc.rY OF WI!R2R. SPRINGS, a municipal corporation wh05e address ie 1126 E. State Road 434, Winter Spring:!, Florida 32708, hereinafter referred to as the "Cl'J.'~ M , and SEMDroLE COCRTY, a political subdivision of the State of Florida, whose address is seminole County Services Buildin~, 1101 East First Street, Sanford, Florida.32771, hereinafter referred to as the "COUN'1'Y". W 1: 'r RES S .E 'r B: WHEREAS, the C1TY and the COU~rY entered into the above referenced Interlooal Agroement on December 21, 1998, aD amended on October 24, 2002, for design, construction and maintenance of portions of the Cross Seminole Trail/Florida National Scenic Trail ("CST/FNST') within thE City of Winter Springs Town Center; and WHEREAS,. the parties desire. to amend the Inter local Agreement so elS to extend the CITY's maintenance responsibilities to include an additional one (1) mile sec't:ion of the CS'l'/l<'NS'l', from Central WindS Park to Layer Elementary School in Winter Springs; and ~, Section 6 of the Interlocal Agreement provides tlUlt the parties may enter into additional written agreements regarding the issues expressed herein, NOW, TSEREFORE, in consideration of the mutual understandings and agreements contained herein, the purties agree to amend the Interlocal Agreement as follows: 1. All provisions of thQ Interlocal Agreement Gntered into between the CITY and the COUNTY 011 December 21, 1998, as amended on CERTlfrEo COPY MARYANNE MORSE CLERK OF CIRCUIT COURT SEMINOLE COUNTY. FLORIDA By0~-~</ ---. DE:I'Utv CLERK Feb 16 07 02:47p p.3 October 24. 2002 are extended to include that portion of the CST/FNST between Central Winds Park and Layer Elementary School in Wll1t~" Springs, as shown on Exhibit "A" attached heret.a. 2. Except: as herein modi Hed, all terms and condi tions of the Interlocal Agreement shall remain in full force and effect for the term Agreement. of th~ Interlocal Agreement, as originally set forth in said Interlocal LN ~TNESS WBERmOF, the parties hereto have executed this instrument for the purpose herein expressed. For the use and reliance of Semlnult! CC)Wlty only. Approved as to form ann legal sufficiency. n y ABr: Ilplt 9/30/06 . ~am cross SeminoLe trail Pate: F. BUSH, Mayor )JOtJeM &'eR... -2. 'B I ~ G .l::lOAJ:U.l 01" COUN'!"L CUMM.LSS10N.l::J:{S e:LB_C~' ~'7""" By: ~(d~ CARLTON HENLEY. Chainnan Date: /- 9 - 07 As authorized for execution uy UlI:t Boc:uu or Cuuul.y COJTltll.i.salone.r:s at: their :r"",u', 9 , 20..ff..:1- T'p.Q'\ll ^ r mp.E'1t.;"'g. Attachment: Exhibit ~AH_City of Winter Springs Maintenance Area Landscape Mainten~~ce 2 Feb 16 07 02:47p p.4 Urban Beautification Services Division 112.6 E. State Road 434 I Office (407) 327-5976 Winter Springs, FL 32708 I FAX: (407) 327-6695 November 30, 2006 Seminole County Library and Leisure Services J. Suzy Goldman, Director 1101 E. First Street Sanford, FL 32771-1468 Re: Amendment to Cross Seminole Trail Interlocal Agreement Dear Ms. Goldman: I am pleased to include with this letter an original of the Second Amendment to the Interlocal Agreement, between the City of Winter Springs and Seminole County, for maintenance of the Cross Seminole Trail, executed by Mayor Bush of the City of Winter Springs. We are requesting that you kindly present the Agreement to the Board of County Commissioners for their approval and execution at your earliest convenience. Please send us (1) one fully executed original document for our records. If you have any questions, please feel free to contact my office. S yen T. Richart, UBSDM. . ity of Winter Springs cc: Randy Stevenson, CD.D. Director EndosfJre(s) r-~7 ~( crb I' .c, . ~ f I ';0 :HU,v1'"C( '.:c:; :, ~ . ,1~EAR LAKEROt;; "e;:. ( ~ ,.... c; :,C;>_ ~ \ ~ J .-#~ i~' - , ;0 '..... f)(A I ~ Z.~ Z...... 14!U9 I ~~ .. 'h.:. .G\ ........... n./'A' 1li . - CIl', reu' <l'~':!:l ~ '.... ~ ,r . :~' ; zO :. :. . ~ 0' ~-._____",- ._,_ 'WtJ J ..('v "---"'-~__..,-_......_--" mi.. ~ ;;:t . LONG1tJOOO MARKH,l ~.i ;~j"" 5iIl I : _..... .. ~ I Z... .....~ ~ 1 .. G') -'-'C~: . A f 'f/) I' .... ~ . I ~ ra (. 'pALM SP8JMG8DR : m)', . ~':: '. -J.I . ,....1 .. ....." 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" i'_ ;: a :t ! j; ~~ I' Feb 16 07 02:47p I- Z &.L.I ~ Z ~ 1.1.1 ~ (.j J: z ::J o U J.I.I ...I o Z - ~ 1.1.1 fIj p. 1 ~I ~~ O~ ~- ~~ 0)= FA~~~..: Ir",lIplr"rr. =a =-=...., =a&W&~~~ Ir.P.A _18= ~~lfIlIJmA~ ~ T., =a =a~'=I_~ iiJI&~.J!.~~;;;~~:;;;=a~'" Date: February 16, 2007 To: Steven Richart ~ ::J ~ ~ ::: ~ ~ QJ ~ ~ e e- ..... ~ ~ ..... $ e e a QJ -s ~ .~ E: ~ FAX Number: 407- 327- 6695 From: Joe Gasparini, Manager Seminole County Government FAX Number: 407-788-0405 Message: Attached is a fully executed copy of the Interlocal Agreement that extends the City's maintenance responsibilities for general grounds maintenance for the 1 mile section of the Cross Seminole Trail from Central Winds Park to Layer Elementary. Please contact me to schedule a transition date. Thanks, Joe Gasparini THERE ARE 5 PAGES, INCLUDING THIS ONE, IN THIS TRANSMITTAL. IF YOU EXPERIENCE ANY PROBLEMS RECEIVING THIS FAX PLEASE CALL (407) 788-0405.