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HomeMy WebLinkAboutSeminole County Road Transfer 2002 06 10 ..' . I .~ . i <". .'1'" . 'v' ., INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS RELATING TO ROAD TRANSFERS THIS AGREEMENT, entered into this -#L- day of ~, 2002, 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, (hereafter referred to as the "COUNTY") and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 Ea~t State Road 434, Winter Springs, Florida 32708, (hereafter referred to'as the "CITY"), WIT N E SSE T H: WHEREAS, the parties have the common power to construct and maintain roads within their geographical jurisdictions; and WHEREAS, certain local roads within Seminole County, Florida, are located partially in or abutting the COUNTY and partially in or abutting the CITY; and WHEREAS, certain roads in the jurisdictional boundaries of the COUNTY road system are located within the boundaries of the CITY; and WHEREAS, the COUNTY and the CITY are agreeable to transferring ownership, maintenance and functional responsibility of the roads hereafter specified; and WHEREAS, the CITY and the COUNTY wish to advise the Florida Department of Transportation ("FOOT") of the transfers provided for herein by means of the COUNTY providing FOOT, District 5, with a certified copy of this Interlocal Agreement; and WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125, 126, 163, and 166, Florida Statutes, and by Sections 335.0415 and 337.29, Florida \ Statutes, and other applicable law; and 1 CE~T1FIEO COpy MARY ANNE MORSE ClERK,OFCIRC~1T cq~RT.' SEMtNOLE COU TV. Fl~, A i~ ' BY:' , '. EP Y GU:ftfl; ., , ',J , ,', I. . ~/ WHEREAS, the parties hereto have determined that this Agreement is in furtherance of the community health, safety and welfare and the public interest; Now THEREFORE, in consideration of the premises herein, the parties hereby agree as follows: Section 1. Recitals. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. Section 2. Purpose. (a) The purpose of this Agreement is for the COUNTY to assign and transfer to the CITY ownership, jurisdiction over and full functional responsibility for the following roads: (i). That portion of Shepard Road which is located east of State Road 15-600 (United States Highway 17/92); and (ii) That portion of Brantley Avenue from State Road 434 to Lake Jesup;and (iii) Railroad Avenue; and (iv) Milky Way; and (v) Natures Way; and (vi) Old Sanford Oviedo Road; and (vii) Nursery Road from US 17/92 to Phillip Street; and (viii) Magnolia Street from Phillip Street to the dead end. , (b) It is further the purpose of this Agreement for the CITY to assign and , transfer to the COUNTY ownership, jurisdiction over and full functional responsibility for the following roads: (i) Boat Club Road; and 2 \ f ,". . , (ii) Jessup Road; and (iii) Lake Street; and (iv) Nancy Drive; and (v) Springs Avenue from the CITY limits to Lake Street; and (vi) Spring Drive; and (vii) Orange Avenue from Brantley Avenue to the dead end. Section 3. Transfer of Responsibility. (a) Upon the date this' Agreement is executed by both parties, the CITY shall have ownership of, plenary authority over and full responsibility for the functional operation and maintenance of the roads specified in Section2(a) above. All of the COUNTY's rights, responsibilities, liabilities, ,duties and obligations as to the referenced roads shall be transferred to and assumed by the CITY and the subject roads shall be deemed CITY streets for all intents, purposes, and effects. (b) Upon the date this Agreement is executed by both parties, the COUNTY shall have ownership of, plenary authority over and full responsibility for the functional operation. and maintenance of the roads specified in Section 2(b) above. All of the CITY's. rights, responsibilities, liabilities, duties and obligations as to the referenced roads shall be transferred to and assumed by the COUNTY and the subject roads shall be deemed COUNTY roads for all intents, purposes, and effects. Section 4. Limitations of Agreement. It is not the intent of this Agreement to change the jurisdiction of the parties in any manner except as specifically provided herein. All other policies, rules, regulations and ordinances of the COUNTY and the CITY will continue to apply as to properties located within the jurisdiction boundaries of each party hereto. The maintenance of side roads, street name signs and stop signs 3 .' ,I t.. ~ , ~ are the responsibilities of the parties in whose jurisdiction such roads and signs are located, except as otherwise proved herein. Section 5. Other 'Agreements. The parties agree to execute such instruments and documents as may be required to effectuate this Agreement, including the attached exhibits, or as. may be required by the Florida Department of Transportation. To the. extent this Agreement is inconsistent' with the Interlocal Agreement between the parties dated February 9, 1987, the terms of this Agreement shall control. Section 6. Employee Status. Persons employed by the CITY in the performance of services and functions pursuant to this Agreement shall not be deemed to be the employees or agents of the COUNTY, nor shall they have any claims to pensions, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY's officers and employees either by operation of law or by the COUNTY. Persons employed by the COUNTY in the performance of services and functions pursuant to this Agreement shall not be deemed to be the employees or agents of the CITY, nor shall they have any claims to pensions, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. Section 7. Indemnification. Neither party to this Agreement, its officers, employees or agents shall be deemed to assume any liability for the acts, omissions or negligence of the other party, its officers, employee or agents, except as provided by this Agreement. 4 , . . Section 8. Notices. (a) Whenever either party desires to give notice to the other.party, notice may be sent to: For the COUNTY: Gary Johnson, P.E., Public Works Director 520 West Lake Mary Boulevard Reflections Plaza Suite 200 Sanford, FL 32773 For the CITY: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 (b) Either of parties may change, by written notice as provided herein, the addresses or persons for receipt of notices. Each such notice shall be deemed delivered on the date delivered if by personal delivery or on the date of transmission if by facsimile, or on the date upon which the return re~eipt is signed or delivery is refused or notice is designated by the postal authorities as not deliverable, as the case may be, if mailed or date of delivery by overnight delivery services as evidenced by a service receipt. Section 9. Counterparts. This 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 10. Entire Agreem~nt. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and neither this Agreement nor any portion of it may not be altered, modified, waived, deleted or amended except by a written instrument equal in dignity herewith and executed by the 5 . , < ~ parties to be bound thereby. This Agreement supercedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement, as well as any previous agreements in effect between the parties relating to the subject matter of this Agreement. Section 11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in inter~st, transferees and assigns of the parties. Section 12. Public Records. The parties shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, which have been made or received in conjunction with this Agreement. Section 13. Conflict of Interest. Both parties agree that they will not commit any act in the performance of its obligations pursuant to this Agreement that would create a conflict of interest, as defined by Chapter 112, Florida Statutes. Section 14. Effective Date. This Agreement shall take effect on the date that it is executed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written. h-,- " . ~\ ESTf; I; C flAt ~L ANDREA)dJRENZO LUACES, City Clerk Date: . MAY 13, 2002 For the .use and reliance of the City of Winter Springs only. Approved, 2 - n legal sufficiency. City Attorney As authorized for execution by the City Com- mission at its MAY 13, 2002 , 2002 regular meeting. 6 .' ;- .. I . ,,' '. . " . ATTEST: BOARD OF COUNTY COMMISSIONERS By:~NTY. FLORIDA DARYL G. MCLAIN, Chairman Date: ~ / IJ / ~;;--- ~MARY N M SE ] v' Clerk to the Board of County Commissioners of Seminole County, Florida. For the use and reliance of Seminole County only. Ap- proved as to form and legal sufficiency. )r;i County Attorney As authorized for execution by the Board of County Commissioners at its If / ~g/ 2002 regular meeting. I / ~ SPL\dre 04\9\02 2 Attachments , Exhibit "A" - Interlocal Transfer (City of Winter Springs) Exhibit "B" -Interlocal Transfer (Seminole County) P:IUserslCasl01\AgreementslWinler Springs Inleriocal (Road Transfer)1,doc 7 .~ '. SEMINOLE COUNTY AND CITY OF WINTER SPRINGS INTERLOCAL TRANSFER OF ROADS THIS INSTRUMENT is made this /72 day of ~ ,2002, by SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, (hereafter referred to as the "COUNTY"), and the, CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, (hereafter referred to as the "CITY"). WIT N E SSE T H: THE COUNTY for and in consideration of the sum of ONE and NO/100 DOLLARS ($1.00), in hand paid by the CITY, the receipt of which is hereby acknowledged, does hereby transfer, release, and convey to the CITY, its successors and assigns forever, all interest and ownership (to the extent that it has any), responsibility, liability, 'control, rights, and authority, to include, but not limited to, specifically" the construction, maintenance, operation, repair and any and all other responsibilities, duties, and obligations for the following roadways: (i). That portion of Shepard Road which is located east of State Road 15-600 (United States Highway 17/92); and (ii) That portion of Brantley Avenue from State Road 434 to Lake Jesup; and (Hi) Railroad Avenue; and (iv) Milky Way; and (v) Natures Way; and (vi) Old Sanford Oviedo Road; and EXHIBIT "A-1" , CERTIFIED COpy MARYANNE MORSE CLERK OF CIRCUIT COURT SE N",OLE' OUNTY. nORJPA BY' ~ o UTY CLERK (vii) Nursery Road from US 17/92 to Phillip Street; and <, ' 't , - . (viii) Magnolia Street from Phillip Street to the dead end. The terms of the Interlocal Agreement which this transfer document implements . are merged into this instrument of conveyance. IN WITNESS WHEREOF the COUNTY has caused this instrument to be executed in its name by the Chairman of the Board of County Commissioners and the CITY acknowledges acceptance of this instrument by its Mayor, on the' day and year aforesaid. ZO LUACES, ~~R,I- By: . l~ PAUL PARTYKA, Mayo ,J j' '1 Date: MAY 13, 2002 For the use and reliance of the City of Wi Springs only. Approved ' as t f legal sufficiency. As authorized for execution by the City Com- mission at its MAY 13 , 2002 regular meeting. For the use and reliance of Seminole County only. Ap- proved as to form and legal ~. "County Attorney BOARD OF COUNTY COMMISSIONERS SE LE COUNTY, FLORIDA . f/ By: L DARYL G. Dale: (r~/{)I ;)&J- As authorized for execution by. the Board of County Commissioners at its Cf~ ';). 3 , 2002, regular meeting. ~'\../ A ~ANNE MORSE o ler to the Board of County Commissioners of Seminole County, Florida. 04/9/02 P:IUSERS\CASL01\AGREEMENTSIWINTER SPRINGS INTERLOCAL ROADS TRANSFER (COUNTY)1,DOC EXHIBIT "A-2" \ t. ~ .J" .1 ,p SEMINOLE COUNTY AND CITY OF WINTER SPRINGS INTERLOCAL TRANSFER OF ROADS THIS INSTRUMENT is made this /0 day of ~ ' 2002, by SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is . Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, (hereafter referred to as the "COUNTY"), and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, (hereafter referred to as the "CITY"). WIT N E SSE T H: THE CITY for and in consideration of the sum of ONE and NO/100 DOLLARS ($1.00), in hand paid by the COUNTY, the receiptj>f which is hereby acknowledged, does hereby transfer, release, and convey to the COUNTY, its successors and assigns forever, all interest and ownership (to the extent that it has any), responsibility, liability, control, rights, and authority, to include, but not limited to, specifically, the construction, maintenance, operation, repair and any and all other responsibilities, duties, and obligations for the following roadways: (i) Boat Club Road; and (ii) Jessup Road; and (Hi) Lake Street; and (iv) Nancy Drive; and . (v) Springs Avenue from the CITY limits to Lake Street; and (vi) Spring Drive; and, (vii) Orange Avenue from Brantley Avenue to the dead end. EXHIBIT "B-1" BY . - .. .... , ..' .' . .. ~ The terms of the Interlocal Agreement which this transfer document implements are merged into this instrument of conveyance. IN WITNESS WHEREOF the CITY has caused this instrument to be executed in its name by its Mayor and the COUNTY acknowledges acceptance of this instrument by its Chairman of the Board of County Commissioners, on the dayanG year aforesaid. For the use and reliance of the City of Win Springs only. Approved as nd legal sufficiency. For the use and reliance of Seminole County only. Ap- proved as to form and legal s~_ . 'tounty Attomey Date: MAY 13, 2002 As authorized for execution by the City Com- mission at its MAY 13 , 2002 , regular meeting. BOARD OF COUNTY COMMISSIONERS By:SE~S:~:~~?~TY' FLORI~A DARYL G. MCLAIN, Chairman Date: r (01 d<JJ~ As authorized for execution by the Board of County Commissioners at its Y - ~.$ '2002, regular meeting. SPL \dre 03\ 13\02 P:\USERS\CASL01\AGREEMENTS\WINTER SPRINGS INTERLOCAL ROADS TRANSFER (CITY).DOC EXHIBIT "B-2"