HomeMy WebLinkAboutSeminole County School Board-Stormwater Project and Easement Partially Executed
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF WINTER SPRINGS AND
THE SCHOOL BOARD OF SEMINOLE COUNTY
STORMWATER PROJECT AND EASEMENT
TIDS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this
_ day of
,2001, by and between the CITY OF WINTER SPRINGS, a
Florida municipal corporation (hereinafter "Winter Springs") and the SCHOOL BOARD OF
,SEMINOLE COUNTY, (hereinafter "School Board").
WIT N E SSE T H:
WHEREAS, this Agreement is authorized pursuant to Section 163,01, Florida Statutes;
and
WHEREAS, in the spirit of intergovernmental cooperation and assistance, Winter
Springs and School Board desire to utilize an existing storm water retention pond located on real
property owned by School Board and situated in the City of Winter Springs for the purpose of
operating and maintaining said pond for the collection, treatment and attenuation of existing and
new stormwater discharge from additional impervious areas; and
WHEREAS, the Property possesses storm water retention value of great importance to
School Board and Winter Springs and primarily and foremost to the people of the City of Winter
Springs, Florida and Winter Springs High School; and
WHEREAS, School Board intends, as owner of the Property, to convey to Winter
Springs in conjunction with School Board's same right, the right to preserve and protect the
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Stormwater Value of the Property in perpetuity, subject to School Board's reserved right, and
other duties and obligations which are specifically stated herein; and
WHEREAS, Winter Springs agrees by accepting this Grant to honor the intentions of
School Board stated herein and to preserve and protect in perpetuity the Stormwater Value of the
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Property for the benefit of this generation and the generations to come as a joint designated
storm water retention facility for the benefit of Winter Springs and School Board; and
WHEREAS, Winter Springs and School Board deem it necessary for the benefit of the
public health, safety and welfare to enter into this Interlocal Agreement,
NOW, THEREFORE, in consideration of the covenants and Agreement hereinafter set
forth, to be kept and performed by both parties, Winter Springs and School Board agree as
follows:
I, RECITALS. The foregoing recitals are true and correct and are incorporated
herein by reference as a material part of this Agreement.
2. DEFINITIONS. Unless the context in which the word is used clearly indicates
otherwise, the following words shall have the meaning hereafter ascribed:
2.1 "Agreement" or "lnterlocal Agreement" shall mean this lnterlocal
Agreement between Winter Springs and School Board.
2.2 "Property" shall mean the Property ,located at 130 Tuskawilla Road
which consists of approximately
acres. A legal description of the Property IS
attached as Exhibit "A" and hereby incorporated herein by this reference.
2.3 "School Board" shall inean the School Board of Seminole County,
Florida.
2.4 "Stormwater Value" shall mean the recognition by Winter Springs and
School Board that the Property has significant and perpetual value as a stonnwater retention
facility for the benefit of the public in the ~ennitted capacity defmed herein.
2.5 "Winter Springs" shall mean the City of Winter Springs, a Florida
municipal corporation and its officers and employees.
3. CONDITIONS PRECEDENT. All rights, obligations and liabilities of the
parties under this Agreement shall be subject to the satisfaction of the following conditions
precedent:
3.1 The complete execution of this Agreement by the parties.
3.2 The approval of this Agreement by the City Commission of Winter
Springs and the School Board of Seminole County.
3.3 This Agreement is filed with the Clerk of the Circuit Court in and for
Seminole County, Florida, pursuant to Section 163.01(11), Florida Statutes.
4. REPRESENTATIONS OF WINTER SPRINGS. Winter Springs makes the
following representations to School Board:
4.1 Winter Springs is duly organized and in good standing under the laws of the
State of Florida, and is duly qualified and authorized to carry on the governmental functions and
operations set forth in this Agreement.
4.2 Winter Springs has the power, authority and legal right to enter into and
perform the obligations set forth in this Agreement, and the execution, delivery and performance
hereof by Winter Springs, (i) has been duly authorized by the City Commission of Winter
Springs; (ii) does not constitute a default under, or result in the creation of any lien, charge,
encumbrance or security interest upon the assets of Winter Springs, except as otherwise
provided herein.
5. REPRESENTATIONS OF SCHOOL BOARD. School Board makes the
following representations to Winter Springs:
5.1 School Board is duly organized and in good standing under the laws of the
. State of Florida, and is duly authorized to carry on the governmental functions and operations set
forth in this Agreement.
5.2 School Board has the power, authority, and legal right to enter into and
perform the obligations set forth in this Agreement, and the execution, delivery and performance
hereof by School Board (i) has been duly authorized by the School Board of Seminole County;
(ii) does not constitute a default under, or result in the creation of any lien, charge, encwnbrance
or security interest upon the assets of School Board, except as otherwise provided herein.
6. STATUTORY AUTHORITY. This Agreement shall be considered an
Agreement pursuant to Section 163.01, Florida Statutes. A true and correct copy of this
lnterlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Seminole
County, Florida, by Winter Springs and Winter Springs shall provide School Board a recorded
copy of the Interlocal Agreement upon receipt from the Clerk of the Circuit Court.
7. TERM. This Agreement shall terminate only by mutual written Agreement
of Winter Springs and School Board.
8. TITLE TO PROPERTY. School Board represents and warrants that the School
Board IS fee simple owner of the Property and the Property is free and clear of any
encumbrances which may impede or prohibit the Property from being used for the purposes set
forth in this Agreement.
9, STO RMW A TER PROJECT. Winter Springs shall design, permit, construct,
and maintain a modification of the existing stormwater pond located on the Property under the
following terms and conditions:
9,1 Existing Conditions: The parties acknowledge that the stormwater pond is
generally located at the southeast comer of the Winter Springs High School property and
currently provides treatment and attenuation volume for storm water discharged from the high
school, Tuskawilla Road, and pre-developed areas adjacent to Tuskawilla Road. The original
stormwater permit for the pond was obtained from St. Johns River Water Management District
by the School Board.
9.2 Proiect Scooe: Winter Springs will be constructing improvements to
Tuskawilla Road as part of the development of the Winter Springs Town Center. Winter Springs
desires , as part of the development of the Town Center and the improvements to Tuskawilla
Road, to discharge strom water run off to the storm water pond located on the Property. Said run
off shall be discharged from Tuskawilla Road and from adjacent real property located along
Tuskawilla Road and currently draining to the pond.. To accommodate Winter Springs' desire,
the storm water pond located on the Property will be modified by Winter Springs as follows:
9.2.1. The size and footprint of the pond will not change, The original outfall
structure will remain in place.
9.2.2. Winter Springs will raise the berm to the "original design elevations".
Some areas of the berm have settled and Winter Springs will make these repairs as, part of the
project.
9.2.3. Winter Springs will revise the influent/effluent piping in the southeast
corner of the pond with larger pipes, which will provide a second off-site outfall structure on the
east side of Tuskawilla Road,
9.2.4. The pond will remain as an in-line pond for the School Board flows, but
will become an off-line pond for Tuskawilla Road flows.
9.2.5. Winter Springs will modify the size of the existing outfall weir. The
structure and piping will remain unchanged.
9.2.6. Winter Springs will modify the pond volume recovery system (the bleed-
down system).
9.3 Proiect Impact. It is the intent and purpose of the scope of this project to
cause the following impacts to the stormwater pond located on the Property:
9.3.1. The pond will accommodate a larger stormwater surface area to be served
which will allow Winter Springs to reconstruct/widen Tuskawilla Road and to also accommodate
stormwater runoff from adjacent property improvements along Tuskawilla Road.
9.3.2, The pond volume will not change. However, the peak storage elevation
will increase which shall provide the School Board and Winter Springs with additional
stormwater capacity as described herein in Section 9.3.3.
9.3.3. The modifications will accommodate an increase in impervious area of
between 15,000 and 30,000 square feet within the athletic field basin (Basin "e"). The School
Board will be "permitted" for this increase. However" the School Board will have to provide a
specific site plan to the St. Johns River Water Management District to gain approval. If the
School Board or Winter Springs desire capacity in excess of that prescribed herein, the party
desiring the excess capacity shall be responsible for engineering, permitting, and constructing the
improvements necessary to provide the excess capacity of the pond,
9.3.4, The modifications will provide another outfall to the wetlands east of
Tuskawilla Road and allow for the re-hydration of these wetlands with minimal wetlands
disturbance,
9.4 Cost of Proiect. Winter Springs shall, at its sole cost and expense, design,
engineer, permit and construct the improvements to the stormwater pond as described in Section
9,2 above for the purpose of effectuating the impacts described in Section 9.3 above.
9.5 Permits, School Board agrees to execute, as the owner of the Property, any
permit application which is necessary to construct the storm water improvements on the Property
including, but not limited to, if required, permits from the City of Winter Springs, St. Johns
River Water Management District, United States Army Corps of Engineers, and other
governmental authorities having jurisdiction over the improvements set forth in this Agreement.
All permit applications shall be paid for by Winter Springs and prepared for by Winter Springs in
cooperation with the School Board,
9.6 Maintenance, Upon completion of the improvements, Winter Springs shall, at
its expense, maintain the storm water pond on the Property during the term of this Agreement.
Winter Springs' maintenance obligations shall include landscaping, structural repairs to the
storm water facilities, and complying with any storm water or other permit requirements,
obligations, and duties imposed by St. Johns River Water Management District and any other
governmental agency as a result of the construction, operation and maintenance of the
improvements required by this Agreement to expand the stormwater pond on the Property,
9,7 Stormwater Discharge. Winter Springs and the School Board shall have the
right to discharge stormwater volume to the Property as established by the stormwater permit
granted by the St. Johns River Water Management District resulting from this Agreement.
10, STORMWATER EASEMENT. Upon the effective date of this Agreement:
10.1 Winter Springs and School Board recognize and acknowledge that the
Property possesses Stormwater Value of great importance to Winter Springs and School Board.
Winter Springs and School Board intend to use the Property to preserve and protect the
Stormwater Value of the Property in perpetuity, subject to the terms and conditions of this
Agreement. Inasmuch as the Property has Stormwater Value, Winter Springs and School Board
agree to use the Property for stormwater purposes and other governmental purposes consistent
with this Agreement and mutually agreed to by the parties in writing,
10.2 School Board hereby voluntarily grants and conveys to Winter Springs, its
successors and assigns, a stormwater utility easement in perpetuity over, under and across the
Property of the nature and character and the extent hereinafter set forth ("Easement").
10.3 It is the purpose of this Easement to assure that the Property will be retained
forever, except as herein provided, for storm water retention and other government purposes
which are determined by the parties, and to prevent any use of the Property that will impair or
interfere with the Stormwater Value of the Property, To accomplish the purposes stated above,
the following rights are conveyed to Winter Springs by this Easement in conjunction with School
Board's similar rights as fee simple owner of the Property:
10.3,1 To use the Property to store, treat, filter, discharge, reuse, control, and
manage stormwater runoff which is conveyed to the Property by Winter Springs and the School
Board under this Agreement;
10.3,2 To preserve and protect the Stormwater Value of the Property;
10,3.3 To prevent any activity on or use of the Property that is inconsistent with
the purpose of this Easement and this Agreement, and to require the restoration of areas or
features of the Property that may be damaged by any inconsistent activity or use;
10.3.4 To enter upon and inspect the Property, in a reasonable manner and at
reasonable times, to determine if School Board, and any employees, agents, and contractors of
School Board, are complying with the covenants and prohibitions contained in this Easement,
and any applicable permits, laws, and rules and regulations relating to the use of the Property for
purposes stated herein;
10.3.5 To use this Easement for ingress and egress to and from the Property;
10.3.6 To use this Easement for purposes of providing alternative water supply
utilities to Winter Springs's utility customers, including reclaimed water supply systems and
reuse systems;
10.3,7 To construct, inspect, replace, repair, maintain, remove, alter, rebuild,
Improve, install, make disconnection from and make connection to stormwater, reuse, and
reclaimed water, lines, pipes, lateral, trees, joints, poles and appurtenances on the Property; and
10.3.8 To cut, trim, and keep clean such trees, brush, and undergrowth that
might hinder or prohibit the use of the Property for stormwater purposes and interfere with the
Stormwater Value of the Property,
11. NOTICES. All notices and correspondence shall be (i) hand delivered (with
signed acknowledgment of receipt or affidavit of delivery), (ii) delivered by registered or
certified mail, return receipt requested, or (iii) delivered by overnight carrier with signed
acknowledgment of receipt. All such notices and correspondence shall be sent to the respective
parties, with copies forwarded to their agents or attorneys, at the addresses set forth below or at
such other addresses as the parties hereto shall designate to each other in writing.
(a) if to Winter Springs:
City of Winter Springs
City Manager
1126 East S.R. 434
Winter Springs, FL 32708
Telephone: 407-327-5957
Facsimile: 407-327-6686
(b) if to School Board: Seminole County School Board
Superintendent
400 East Lake Mary Boulevard
Sanford, FL 32773-7127
Telephone: 407-320-0000
Facsimile: 407-320-0281
Any notice or demand so given, delivered or made by United States Mail, shall be deemed so
given, delivered or made three (3) days after the same is deposited in the United States mail,
registered or certified, return receipt requested, addressed as above provided, with postage
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thereon prepaid. Any such notice, demand or docwnent hand delivered or made by overnight
carrier shall be deemed to be given, delivered or made upon delivery (or attempted delivery, if
deliver is not accepted) of the same at the address where the same is to be given, delivered or
made,
12, TIME; GOOD FAITH COOPERATION. Time is of the essence of this
Agreement and every term and provision of this Agreement. School Board and Winter Springs
shall continue to cooperate in good faith with each other to effectuate the intent and purpose of
this Agreement.
13, SEVERABILITY. It is further understood and agreed that in the event any
provision of this Agreement shall be adjudged, decreed, held, or ruled to be invalid, such
provision or a portion thereof shall be deemed severable, and it shall not invalidate or impair the
, Agreement as a whole or any other provision of the Agreement.
14. NON-WAIVER. No covenant, term, condition (or breach thereof), shall be
deemed waived, except by written consent of the party against whom the waiver is claimed. A
waiver of any covenant, term, or condition (or breach thereof), shall not be deemed to be a
waiver of any other covenant, term or condition (or breach thereof).
15. CAPTIONS. Captions and headings in this Agreement are for
convenience only and shall not be relied upon in construing the meaning of this Agreement or
any of its provisions.
16. CHOICE OF LAW: VENUE. This Agreement has been made and entered
into in the State of Florida, County of Seminole, and the laws of such state shall govern the
validity and interpretation of this Agreement and the performance due hereunder. The parties
agree that venue shall be exclusively in Seminole County, Florida, for all state disputes or
actions which arise out of or are, based upon this Agreement" and in Orlando, Florida, for all
federal disputes or actions which arise out of or are based upon this Agreement.
17, INTEGRATION. The drafting, execution, and delivery of this Agreement by
the parties has been induced by no representations, statements, warranties, or agreements other
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than those expressed herein, This Agreement embodies the entire understanding of the parties,
and there are no further or other agreements or understandings, written or oral, in effect between
the parties relating to the subject matter hereof unless expressly referred to herein. The parties
agree that they have both contributed equally to the drafting of this Agreement and this
Agreement shall not be construed more favorably against the other in the event of any conflict
with regards to the terms and conditions used herein, Reference herein to a whole paragraph
number or subsection number shall include all subsections thereto (i.e. 9 includes 9.1, etc and 9.3
includes 9.3,1, etc.).
18. ATTORNEYS' FEES. In the event that any party brings suit to enforce any of
the provisions of this Agreement, each party agrees to bear its own costs and expenses of such
action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial, post
judgment, or an appeal.
19, COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be considered an original
Agreement; but such counterparts shall together constitute but one and the same instrument.
20. INDEMNIFICATION. To the extent permitted by law, and without waiving
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sovereign immunity, each party to this Agreement shall be responsible for any and all claims,
demands, suites, actions, damages, and causes of action related to or arising out of or in any way
, connected with its own actions and omissions, and the actio'ns and omissions of its personnel, in
performing its obligations pursuant to the terms and conditions of this Agreement.
21. SOVEREIGN IMMUNITY. Nothing contained in this Agreement shall be
construed as a waiver of Winter Springs's and School Board's right to sovereign immunity under
Section 768.28, Florida Statutes, or other limitations imposed on their potential liability under
state or federal law.
22. ASSIGNMENT PROHIBITED; THIRD PARTIES. Unless otherwise agreed
in writing by Winter Springs and School Board, this Agreement shall not be assigned in whole or
in part, Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than Winter Springs and School Board, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit
of Winter Springs and School Board and not for the benefit of any other party.
23, GENERAL LIABILITY AND OTHER INSURANCE. Winter Springs and
School Board shall each maintain in force, at all times during the term of this Agreement, a
general liability insurance policy with a single limit for bodily injury and Property damage of not
less than One Million Dollars ($1,000,000.00) and with each party being named as an additional
named insured on the other's insurance policy to cover any claims made resulting from this
Agreement and the use of the Property as contemplated hereunder. Proof of insurance shall be
delivered to each party.
24, RUN WITH LAND. This Agreement shall remain a charge against the Property,
Therefore, this Agreement shall "run with the land" and be automatically assigned by any deed
or other conveyance conveying a portion of the Property relating to this Agreement, even though
the conveyance makes no reference to this Agreement as such and even though the conveyance
may be to a person or entity not subject to Section 163.01, Florida Statutes; in which case, this
Agreement shall continue to run in favor of Winter Springs as a perpetual public stormwater
easement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
this day and year first above written.
CITY OF WINTER SP,~N~,~,' F,LORIDA
By: bJ A AtJ~ C) ~
~l'a'CLEMORE '
City Manag~ ..,' \ ,
Witnesses:
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STATE OF FLORlDA
COUNTY OF 5=-~INu~ 1..2'-
')-tL
"i\_,_ SWORN.. to and SUB~CRlBED before m~ this I~ day of
~'b <N. K~~ ,who presented hls/her l .
j:L (c,
Notary Public
-
~r--Jl_ , 2001 by
, as identification.
Witnesses:
SEMINOLE COUNTY SCHOOL BOARD
ANDREA _ a-WACES
MY COMMI~SION 'II CC 8311131
EXPIRES:,<MCly Sl~2~ , '
l.aoD-3-NOTARY FIO, NotflY SeMOO Il Boncltng CO,
;lIl,; - ~ -~-'~""'.
Print Name:
By:
PAUL J. HAGERTY
Superintendent
Print Name:
STATE OF FLORlDA
COUNTY OF
SWORN to and SUBSCRIBED before me this _ day of
, who presented hislher
, 2001 by
as identification.
Notary Public
My Commission Expires:
F:\DOCS\City of Winter Springs\Agreements\lnterlocaJ Agreement - Seminole School Brd - Stonnwater Project & Easementkj 617/01
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EXHIBIT " A"
Legal Description of Stormwater Property