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HomeMy WebLinkAboutSeminole County Interlocal Tuskawilla Road Brick Paver ~, ..' A TT ACHMENT NO. 1 / SEMINOLE COUNTY AND CITY OF WINTER SPRINGS TRANSPORTATION PLAN INTERLOCAL AGREEMENT RELATING TO CONSTRUCTION AND MAINTENANCE OF THE TUSKA WILLA ROAD BRICK P AVER PROJECT THIS INTERLOCAL AGREEMENT is made and entered into this 7/6/99 day of July, 1999, by and 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 SPRlNGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as the "CITY". WIT N E SSE T H: WHEREAS, the COUNTY and the CITY are firmly committed to the development of transportation improvements for the benefit of the residents of the COUNTY and the CITY and the enhancement of the quality of life ofthe residents of the COUNTY and the CITY; and WHEREAS, Phase III and IV of the Tuskawilla Road Improvement Program are projects which are important in many respects to both the COUNTY and the CITY; and WHEREAS, the CITY has proposed shifting certain of the project costs planned for the project described as follows "Traffic Operations and Capacity Improvements (sic) To Be Designated" in the interlocal agreement entitled " Seminole County Transportation Plan Amended Interlocal Agreement", dated August 30, 1996, (the project will be hereinafter referred to as the "CITY Project") and the COUNTY has favorably evaluated that proposal which would, thereupon allow for augmentation of the Tuskawilla Road Phase III and IV Road Improvement Projects (hereinafter referred to as the "COUNTY Project") by virtue of the "Brick Paver Project" (hereinafter described) being incorporated into the COUNTY Project as set forth in this Interlocal Agreement being incorporated; and t 2 of nature whatsoever, relative to said swn against the COUNTY or any other CITY within the COUNTY and, further, covenants and agrees that only the remaining sum of money that was earmarked for the CITY Project will be potentially available for the CITY project in accordance with the terms of the aforereferenced August 30, 1996 Seminole County Transportation Plan Amended Interlocal Agreement. (b) The COUNTY agrees that it will use reappropriated sum to accomplish the construction of the Brick Paver Project, as stated above, as part of the COUNTY Project at the intersection of Tuskawilla Road and Winter Springs Boulevard which pavers will, in general terms of description, include four crosswalks and a circular intersection enhancement. The CITY shall provide the COUNTY with draft plans relating to the design and construction of the Brick . Paver Project to the extent practicable in accordance with the demands of the COUNTY. Upon the ultimate determination of the. design of the Brick Paver Project, the COUNTY shall advise the CITY of such determination. (c) If the COUNTY does not expend the total reappropriated sum on its efforts for the construction of the Brick Paver Project, the remaining amount of the reappropriated sum will be returned to the "CITY Project" identified as "Traffic Operations and Capacity Improvements (sic) To Be Designated" in the interlocal agreement entitled" Seminole County Transportation Plan Amended Interlocal Agreement", dated August 30, 1996. (d) The COUNTY agrees to keep the CITY reasonably apprised as to its' construction efforts as to the Brick Paver project and related matters as the construction of the Brick Paver Project is initiated and proceeds. The COUNTY agrees to issue a right -of-way utilization permit to the CITY with regard to the CITY'S continuing obligation of maintaining the Brick Paver Project on a perpetual basis said permit being issued subject to all standard terms and conditions of said type of permit. 3 Section 3. Force Majeure. In the event any party hereunder fails to satisfy a requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other Act of God or force majeure, then said party shall not be in default hereunder. Section 4. Binding Effect. (a) This Interlocal Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors in interest transferees and assigns of the parties; provided, however, that this Interlocal Agreement shall not be deemed to pledge the full faith and credit of the COUNTY. (b) The CITY shall own the pavers, mortar and concrete as well as all related materials pertaining to, and consisting of, the pavers which results from the Brick Paver Project, but shall . not own the real property or hold any right, title or interest in the real property on which the pavers resulting from the Brick Paver Project are located. (c) The CITY shall, by means of a special assessment, perpetually be obligated for any and all maintenance costs, expenses, fees and charges, of whatsoever type or nature relating to or arising from the construction of the Brick Paver Project, the functioning of the pavers resulting from the Brick Paver project, and the maintenance of the Brick Paver project. The CITY intends to initiate a special assessment district to provide funding as necessary for payment of the obligations resulting from the Interlocal Agreement. Section 5. Assignment... Either party without the prior written approval of the other shall not assign this Interlocal Agreement. Section 6. Public Records. The parties shall allow public access to all documents, papers, letters or other materials which have been made or received in conjunction with this Interlocal Agreement subject to exceptions to public records laws as set forth in the Florida Statutes and with records retention accomplished in accordance with State law, 4 Section 7. Notice/Designated Contact For Approval. (a) Whenever either party desires to give notice unto the other, notice may be sent to: For the COUNTY: County Engineer 520 W. Lake Mary Boulevard #200 Sanford', Florida 32773 For the CITY: City Manager City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 (b) Either of the parties may change, by written notices as provided herein, the addresses or persons for receipt of notices. AU notices be effective upon receipt. Section 8. Indemnification. (a) The CITY hereby agrees, to the maximum extent authorized by law, to indemnify, save and hold the COUNTY harmless from and against any and all cost, damages, expenses, losses, claims, injuries, lawsuits and liabilities arising or resulting from or in connection with the CITY's or its officers, employees, agents, successors' or assigns' actions or activities relating in any way to the CITY Project and the Brick Paver Project, and any and all claims and actions brought by third parties resulting from or arising in connection with said actions. The CITY also agrees to indemnify, save and hold the COUNTY harmless from and against any and all cost, . damages, expenses, losses, claims, injuries, lawsuits and liabilities relating in any way to the pavers resulting from the Brick Paver Project. To the extent required by law, if specific consideration for the indemnification provided herein is required to be given by the COUNTY to the CITY then ONE AND.NO/I00 DOLLARS ($1.00) of the value for the consideration set forth in this Interlocal Agreement shall be deemed to be such specific consideration. The CITY acknowledges the adequacy and sufficiency of said specific consideration. 5 (b) The CITY further acknowledges that the Brick Paver Project, is a project of the CITY and that the CITY shall bear any an all costs in any way relating to claims, disputes and litigation arising or resulting from the design and construction of the Paver Projectand any and all related matters. CITY employees shall not be deemed COUNTY employees for any reason or purpose any CITY contractors shall not be deemed COUNTY Contractors for any reason or purpose. Section 9. Conflict Of Interest. The COUNTY and the CITY agree that they will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Interlocal Agreement with the other party or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics III goverrunent. Section 10. Dispute Resolution. Any and all disputes arising hereunder shall be attempted to be resolved through a collaborative and mutually acceptable informal process with open discussions and a cooperative effort. In the event that formal dispute resolution processes become necessary, the parties recognize that such matters will be subject to the processes and procedures set forth iri the agreement entitied "Interlocal Agreement on Mediation and lntergoverrunental Coordination", dated January 24, 1995. Section 11. Term (a) This Interlocal Agreement shall become effective upon execution by the COUNTY and the CITY. (b) The COUNTY's obligation hereunder shall cease upon construction of the Brick Paver Project except with regard to the issuance of a right-of-way utilization permit for maintenance by the CITY as stated herein. (c) The CITY's obligations hereunder shall be perpetual. Section 12. Governing Law/Attorneys' Fees. 6 . ; This Interlocal Agreement shall be construed and interpreted according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorneys' fees and costs. Section 13. Construction of Agreement. This Interlocal Agreement ~hall not be constructed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties, the COUNTY and the CITY, have contributed substantially and materially to the preparation hereof. Section 14. Constitutional and Statutory Limitation on Authority of the COUNTY. The terms and conditions of this Interlocal Agreement placed upon the COUNTY are applicable only to the extent they are within and consistent with the constitutional and statutory limitations on the authority of the COUNTY. Specifically, the parties acknowledge that the COUNTY is without authority to grant or pledge a security interest in any of the COUNTY's revenue sources or property. Section 15. Counterparts. This Interlocal Agreement may be executed in any number of counterparts each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. Section 16. Headings. All sections and descriptive headings in this Interlocal Agreement are inserted for convenience only, and shall not affect the construction or interpretation hereof. Section 17. Entire Agreement. This Interlocal Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and may not be modified or amended except by the parties to be bound thereby. 7 " :; IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement for the purposes herein stated on the date first above written. \ ~ j .!: I ! CITY ~~----- ~ - , ! 1 \ App~a~rm and legal ~~ciency. ~~~ C;- City Attorney D' t JULY 6, 1999 a e: ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: CARLTON HENLEY, Chairman MARYANNE MORSE Clerk to the Board of COUIity Commiss.ioners Of Seminole County, Florida Date: For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. As authorized for execution by the Board of County Commissioners at their , 1999 regular meeting. County Attorney 8