HomeMy WebLinkAbout1998 07 13 Consent Item B
COMMISSION AGENDA
ITEM B
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Consent X
Informational
Public
Hearing
Regular
July 13. 1998
Meeting
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MGR j DEPT
Authorization
REQUEST: City Manager requesting the Commission to approve a proposed
interlocal agreement for submission to Seminole County relative to
realignment of the Cross Seminole Trail in the proposed Winter
Springs Town Center.
PURPOSE: The purpose of this agenda item is to complete the Office of Greenways
and Trails and Seminole County's requirements for an interlocal
agreement defining responsibilities for the acquisition, construction and
maintenance of the trail section to be realigned in the proposed Town
Center.
CONSIDERATION:
This agenda item is needed to get Commission authority to initiate
discussion with the County relative to an interlocal agreement between
the City of Winter Springs and Seminole County that is required for the
realignment. Under Seminole County's agreement with the Sate,
Seminole County does not receive any funds from the State for
operations and maintenance. The County has received almost all of the
construction costs from State and Federal grants.
Seminole County has a management agreement with the Office of
Greenways and Trails of the Florida Department of Environmental
Protection to manage the development operations and maintenance of
the State trail property in Seminole County.
The original alignment of the State owned trail property was found to be
disadvantageous to the proposed Town Center.
The City of Winter Springs has made application to the OGT/FDEP to
realign the trail as proposed in the Town Center Plan.
The realignment requires an agreement from the property owner to
dedicate property for the realignment and the City and County to
determine responsibilities for the construction and maintenance of the
trail as realigned.
The property owner has provided a letter of intent to the City and
OGT/FDEP to provide the property.
This interlocal agreement contained herein represents the City's
proposal for an interlocal agreement relative to operations and
maintenance.
FUNDING: Not at this time.
RECOMMENDATION:
It is recommended that the Commission do the following:
1. Review the proposed interlocal agreement.
2. Provide any amendments deemed necessary.
3. Authorize the City Manager to forward the agreement to the
County for review and consent.
IMPLEMENTATION:
July 13, 1998-
August 1998 -
September 1998 -
March 1999 -
City Commission approval to transmit the interlocal
agreement to the County.
Final approval by city and County.
Trail realignment approved by OGT/FDEP.
Trail construction.
ATTACHMENT: None
COMMISSION ACTION:
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
WINTER SPRINGS, FLORIDA AND SEMINOLE COUNTY,
FLORIDA PROVIDING FOR THE DESIGN, CONSTRUCTION
AND MAINTENANCE OF CERTAIN SECTIONS OF THE
CROSS SEMINOLE TRAIL WITHIN THE CITY OF WINTER
SPRINGS TOWN CENTER.
WHEREAS, the Trustees of the Interlocal Trust Fund owned Florida National
Scenic Trail/Cross Seminole Trail (FNST/CST) segment as currently aligned
through the heart of the Winter Springs Town Center is detrimental to the
economic development potential and fundamental design of the Town Center;
and
WHEREAS, the City is requesting that the FNSTlCST 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 Greenway and Trails; and
WHEREAS, 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 trail, to which the property owner has agreed; and
WHEREAS, the 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 requiring an interlocal agreement
between the City of Winter Springs and Seminole County related to the
acquisition, construction and maintenance of the proposed realigned section of
trail; and
WHEREAS, the City of Winter Springs and Seminole 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; and
NOW THEREFORE BE IT RESOLVED THAT THE CITY OF WINTER SPRINGS
AND SEMINOLE COUNTY AGREES TO THE FOLLOWING:
Section A: ACQuisition of Land. The developer shall according to the rules of the
Office of Greenways and Trails of the Florida Department of Environmental
Protection dedicate at no cost the land necessary to accommodate the trail
realignment located within the Winter Springs Town Center as defined in the
attached map" Exhibit A". '
Section B: Construction. Seminole County shall amend its 1998 submitted
F.D.O.T. Enhancement Grant Application to authorize construction of the
realigned section of the Cross Seminole Trail lying within the City of Winter
Springs Town Center as further defined in the attached "Exhibits A and B".
Additionally, Seminole County agrees to apply or modify its application for State
and Federal Grants to enhan~e the trail design, and design and construct the
Central Winds' Park Trail Head and Magnolia Square Trail Head as further
defined in "Exhibits A and B".
Winter Springs will fund all design and construction cost over and beyond that
not covered by the State and Federal grants.
Section C: Maintenance. Winter Springs will pay for the day to day maintenance
of the trail and trail heads in the realigned section of the trail as defined in
"Exhibit B", consistent with general county policy relative to maintenance of the
trail throughout the County. The City reserves the right to create a special
maintenance assessment district to provide enhanced maintenance over and
beyond that established by general county policy relative to the maintenance of
the trail.
Section D: 434 Trail Over-Pass. Design Construction and Maintenance of the trail
over-pass over State Road 434 shall be the responsibility of F.D.O.T. and/or
Seminole County !
Section E: This agreement shall constitute the entire agreement between the
parties on this subject. The parties agree that there may be additional
subsequent agreements on these issues.
Section F: If any Section or portion of this agreement is decided to be unlawful in
a court of law, such determination shall not affect the remaining terms and
conditions of the agreement.
Entered into this the
County, Florida.
day of July 1998 in Winter Springs and Seminole
County Commissioner Randall Morris
Chairman, Seminole County Board
Of Commissioners
Paul P. Partyka
Mayor