HomeMy WebLinkAboutSeminole County Interlocal Cross Seminole 1998
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND
SEMINOLE COUNTY FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF
CERTAIN SECTIONS OF THE CROSS SEMINOLE TRAIL WITHIN THE CITY OF
WINTER SPRINGS TOWN CENTER
TIllS INTERLOCAL AGREEMENT, HEREINAFTER REFERRED TO AS THE
"Agreement," is made and entered into this
day of
, 1998, 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, herienafter referred to as
the "COUNTY", and the CITY OF WINTER sPiliN"GS, a municipal corporation whose address
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is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as the "CITY".
, WHEREAS, the Florida National Scenic Trail/Cross Seminole Trail ("FNST/CST') segment
is currently aligned through the heart of the Winter Springs Town Center ("TOWN CENTER") and
does not enhance the economic development potential and fundamental design of the TOWN
CENTER; and
WHEREAS, the CITY has requested that the FNST/CST be realigned to a new location
more beneficial to the community, the local and regional multi-use trail users, and the development
potential and design of the TOWN CENTER; and
WHEREAS, the CITY on April 2, 1998, submitted a trail realignment application to the
State Office of Greenways and Trails has certain rules and regulations governing the conditions
under which a property owner may request the realignment of the trial, to which the property owner
has agreed; and
WHEREAS, the State' Office of Greenways and Trails has certain rules and regulations
governing the conditions under which the proposed realigned section of the trail must be acquired,
constructed and maintained thereby requiring an interlocal agreement between the CITY and the
COUNTY related to the acquisition, construction and maintenance of the proposed realigned section
of trail; and
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c,
WHEREAS, the utilization of the pilot trial section constructed Within the City of Oviedo
and the City has demonstrated a need for parking and trial head facilities in addition to those
currently provided for in the COUNTY grant applications in order to efficiently and safely
accommodate trail users; 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 the proposed realignment;
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. ACQIDSmON OF LAND. The CITY agrees, in conformity with the rules of
the Office of Greenways and Trails of the Florida Department of Environmental Protection, to
acquire, at no cost or expense to the COUNTY, the lands and rights necessary to accommodate the
trail realignment located within the TOWN CENTER as depicted in the attached Exhibit "A".
SECTION 3. CONSTRUCTIONIDEVELOPMENT PARTNERSHIP
(a) The CITY agrees to entirely fund the design and construction of the realigned section
of the Cross Seminole, Trail (paved and unpaved) lying within the TOWN CENTER
as depicted in Exhibit "A". Said construction shall be consistent with or exceed the
Seminole County Cross Seminole Trail typical design, standards indicated in Exhibit
"B" and will conform with the design guidelines indicated in Exhibit "D".
(b) 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
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Center, the COUNTY agrees to become an affirmative partner with the CITY in the
'coordination and acquisition of sources of funds to construct the relocated trail
segments, the Central Winds Park and Magnolia Square Trail Heads further defmed
in Exhibit "A" and located within the Winter Springs Town Center. This pa~ership
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
efforts, the COUNTY submitting applications for grant resources, the COUNTY
participating in joint CITY/COUNTY applications for grant resources, the COUNTY
providing written support of CITY 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. MAINTENANCE.
(a) Upon approval of the Trail Realignment Plan, the CITY shall pay for all
maintenance, of the trail and trail heads as depicted in Exhibit "A", consistent
with current COUNTY policy relative to maintenance of trails throughout the
COUNTY as depicted in Exhibit "C".
(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 trails.
SECTION 5. ST ATE ROAD 434 TRAIL OVERPASS. Design, construction and
maintenance of the trail overpass over State Road 434 shall be the responsibility of the
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Florida Department of Transportation and/or the COUNTY as determined in accordance with
State Law.
SECTION 6. INTEGRATIONIENTIRE AGREEMENT. This Agreement shall
constitute the entire agreement between the parties on tins 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
detemUned 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.
ATIEST:
CITY OF WINTER SPRINGS
By:
,PAUL P. PARTYKA, Mayor
MARGO M, PIERCE, CLERK
Date:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
, Chairman
ATIEST:
MARY ANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
Date:
For the use and reliance
of S~inole County only.
Approved as to fon:i1 and
Legal sufficiency
As authorized for execution by
the Board of County Commissioners at
their , 19_ regular
meeting.
County Attorney
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