HomeMy WebLinkAboutSeminole County Traffic Signal Installation Agreement 2001
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SEMINOLE COUNTY I CITY OF WINTER SPRINGS
TRAFFIC SIGNAL INSTAllATION AGREEMENT
THIS AGREEMENT is entered into on the -LL day of 1) e.-c.- , 2001,
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 SPRINGS,
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, Chapter 125, Florida Statutes, grants counties broad home rule
powers to perform acts in the public interest; and
WHEREAS, COUr'-lTY has determined that a traffic signal is warranted at the
intersection of State Road 434 and Central Winds Park (2nd Street) (near Winter Springs
High School) and is in the best interest of the public; and
WHEREAS, there is a need to develop a coordinated effort for the installation of a
traffic signal in order to facilitate the safe and efficient flow of traffic in and about Seminole
County generally, and in and about Winter Springs High School, in particular; and
WHEREAS, the CITY and the COUNTY desire to enter into a mutually beneficial
relationship whereby the COUNTY will install a traffic signal at the intersection of State
Road 434 and Central Winds Park,
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it
is hereby agreed as follows:
SECTION 1. PURPOSE. The purpose of this agreement is to establish the terms
and conditions under which the COUNTY will install and maintain a traffic signal at the
intersection of State Road 434 and Central Winds Park.
SECTION 2. RESPONSIBILITIES OF THE COUNTY. COUNTY shall design
and install a traffic signal at the intersection of State Road 434 and Central Winds Park.
COUNTY shall be responsible for the entire cost of designing the project. COUNTY
shall be responsible for one third (1/3) of the construction costs. COUNTY shall
maintain and operate this signal in accordance with all applicable State and County
standards and with emphasis on optimum efficiency and safety as determined by the
County Traffic Engineer.
SECTION 3. RESPONSIBILITIES OF THE CITY. The CITY agrees to pay one
third (1/3) of the construction and installation costs of the signal, estimated to be
SEVENTY FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00), to the COUNTY
(payable to "Board of County Commissioners") (the "Basic Cost"). Payment of TWENTY
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FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) shall be made within thirty (30)
days after execution of this agreement. Final adjustments shall be made upon
completion of the installation and construction and actual costs shall be supported with
appropriate documentation. Payment of the balance due or, in the alternative, a refund,
shall be made within thirty (30) days after submission of final documentation.
The parties agree that the estimate stated above is for construction of the signal
without any decorative mast arms or other decorative accessories. The CITY shall be
responsible for the additional costs, if any, should the CITY choose to use decorative
mast arms different from the COUNTY's standard mast arms. The additional costs shall
be based upon written quotations and the CITY shall provide written approval of the.
decorative masts and the additional costs before the COUNTY is obligated to order or
install same.
In addition, the CITY shall be responsible for payment of the cost of electrical
service for the signal. The CITY shall make all necessary arrangements for electrical
service with and make payments to the power company upon notice from the COUNTY
that the signal is ready for electrical power.
SECTION 4. OTHER AGREEMENT. The obligations of the parties are contingent
upon execution of an agreement between the COUNTY and the Seminole County School
Board (the BOARD) whereby the BOARD agrees to fund one third (1/3) of the Basic Cost
of construction and installation of the project and further agrees to pay the maintenance
charges for the signal. Should the BOARD and COUNTY fail to enter into such an
agreement by December 1, 2001, then this agreement shall be null and void and each
party released from any and all obligations hereunder. In that event, the COUNTY shall
immediately refund any amounts already paid by the CITY.
SECTION 5. REPRESENTATIONS. Each party represents to the other that
execution of this agreement has been duly authorized in accordance with all legal
requirements relating to execution of contractual agreements and that the representing
party is bound to the terms and conditions hereof.
SECTION 6. SEVERABILITY. If any proVIsion of this Agreement or the
application thereof to any person or circumstance is held invalid, it is the intent of the
parties that the invalidity shall. not affect other provisions or applications of this
Agreement which can be given effect without the invalid provision or application, and to
this end the provisions of this Agreement are declared severable.
SECTION 7. ENTIRE AGREEMENT.
(a) The entire Agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof and supersedes all written agreements to the extent they relate to
the subject matter hereof.
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(b) Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly signed by both
parties.
SECTION 8. GOVERNING LAW. The laws of the State of Florida shall govern
the validity, enforcement and interpretation of this Agreement. Jurisdiction and venue for
any legal action shall lie only in the Eighteenth Judicial Circuit Court of the State of
Florida, in and for Seminole County.
SECTION 9. PARTIES BOUND. This Agreement is binding upon and shall inure
to the benefit of the BOARD and COUNTY, and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement for the purposes stated herein. W
c 1rfu By:THE ~
~) . Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
SE~OUNTY. FLORIDA
~~~_BY: ~ _
( E MORSE Daryl G. McLain, Chairman
er 0 the Board of /' J
County Commissioners of Date: /.2 I / / [1 J
Seminole County, Florida. t ,
For the use and reliance of
Seminole County only. Ap-
proved as to form and legal
sufficiency.;/ _
~q~.
County Attorney
As authorized for execution by the Board
of County Commissioners at its / a. - / / ,
2001, regular meeting.
SPUgn I
11/1/01 1
F,ICAIU.."'\Ca"OllAg,,,,,,,omts\ T <aft< Signal Agmt (Wi"te' ""'"9,121 '"
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PUBLIC WORKS DEPARTMENT
TRAFFIC ENGINEERING DIVISION
December 18, 2001
Mr. Kip Lockcuff, P.E.
Director of Public Works
City of Winter Springs
1126 East SR 434
Winter Springs, FL 32708
RE: Traffic Signal Installation Agreement
SR 434/ Central Winds Park_2nd Street
Dear Mr. Lockcuff:
Enclosed is an executed Agreement for the above referenced traffic signal. The signal
was put into full operation on December 11, 2001.
If you have any questions, please feel free to give me a call at (407) 665-5678.
Sincerely
SEMINOLE COUNTY
~gardner
./\dministrativc Specialist
:rb
(wssignaI434cent.ltr)
Enclosure
C: Gerri Roark, Sr. Staff Assistant - Accounting
140 BUSH LOOP
SANFORD FL 32773
TELEPHONE (407) 665-5677
FAX (407) 324-0780