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CITY OF OVIEDO/CITY OF WINTER SPRINGS "'
INTERLOCAI AGREEMENT RELATlNG TO A JOtNT ECONOMIC ��
DEVELOPMENT TASK FORCE � m
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TH1S INTERLOCAL AGREEMENT is made and entered into this ��'day ° z
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. of , 20'�,' by and between the Cit�r of Oviedo, Florida, a �, �
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Florida municipal corporation, whose address is 400 Alexandria Boulevard, � �
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Oviedo, Florida 32765, (hereinafter refeRed to as the °OVIEDO") and the City of �� �
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Wmter Springs, (hereinafter referned to as the "WINTER SPRINGS"}� a Florida �
muniapal corporation, whose address is City of Winter Springs, City Hall, 1126 �
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: East State Road 434, Winter Springs, Florida 32708. �
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WlTNESSETH: _
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� WHEREAS, the parties have the desire to ensure that WINTER �
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SPRINGS and OVlEDO and their environs are desirable for economic ,p
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� devetopment of a positive nature for the benefit of their citizens; and �
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; WHEREAS, WINTER SPRINGS and OVIEDO desire to and shall �
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' designate an "economic development agenc�' in accordance with Section '°
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288.075(1)(a�4., Florida Statutes, which consists of municipal officers or m
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- employees assigned the duty to promote the general business interests or �
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industrial interests of the municipa{ity or #he responsibilfies refated thereto; and �
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� WHEREAS, Section 16fi.021(9}, Florida Statutes, provides as follows: m
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' °(9)(a) The Legislature finds and declares that this state faces a
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- increasing competition from other states and other countries for the �
location and retention of private enterprises within its borders. °
Furthermore, the Legislature finds that there is a need to enhance o
and expand economic activity in the municipalities of this state by �,
attracting and retaining manufacturing development, business g
enterprise management, and other activities conducive to economic �
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promotion, in order to provide a stronger, more balanced, and
stable economy in the state, to enhance and preserve purchasing
power and employment opportunities for the residents of this state,
and to improve the welfare and competitive position of the state.
The Legislature declares that it is necessary and in the public
interest to facilitate the growth and creation of business enterprises
in the municipalities of the state.
(b) The goveming body of a municipali#y may expend public funds
ta attract and retain business enterprises, and the use o# public
funds toward the achievement of such economic development
goals constitutes a pub[ic purpose. The provisions of this chapter
which confer powers and duties on the goveming body of a"
� municipality, induding any powers not specifically prohibited by law
whicfi can be exercised by the goveming body of a municipality,
shall be liberally con�t�ued in order to _effectiyely carry out the _.. .
purposes of this subsection. .
(c} For the purposes of this subsection, it const�tutes a public
purpose to expend public funds for economic development
activfies, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or refinance the cost of
� capital projects for industrial or manufacturing plants, leasing or
,; conveying real property, and making grants to private enterprises
for the expansion of businesses existing in the community or the
� aitraction of new businesses to the community.
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(d) Nothing contained in this subse�tion shall be construed as a
; limitation on the home rule powers grarrted by the State
Constitution for municipa[ities.°
; and
WHEREAS, Sedion 187.201(21), Florida Statutes, (part of the Stafe
Comprehensive Plan) provides as follows:
"(21) THE ECONOMY.—
(a) Goal. —Florida shall promote an economic climate which
provides economic stability, maximizes job opportunities, and
� increases per capita income for its residents.
(b) Policies.—
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� 1. Attract new job-producing �industries, corporate headquarters,
distribution and service centers, regional offices, and research and
development faalities to provide quality employment for the
residents of Florida.
2. Promote entrepreneurship and small and minority-ovmed
business startup by providing technical and information resources,
facilitafing capital formafion, and removing regulatory restraints
which are unnecessary for the prote�tion of consumers and society.
3. Maintain, as one of the state's primary economic assets, the
environment, including clean air and water, beaches, forests,
historic landmarks, arxi agricultural and natural resources. "�
4. Strengthen Florida's position in the wortd ec:onomy through
attracting foreign investment and_�romoting intemational banking _..
and trade. �
5. Build on the state's attractiveness to make it a leader in the
visual and performing arts and in all phases of fltm, television, and
�ecording production.
N 6. Promote economic development for Florida residents through
� partnerships among education, business, industry, agricufture, and
the arts.
7. Provide increased opportunfies for training Florida's workforce
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to provide skilled empbyees for new and expanding business.
8. Promote economic seff-sufficiency through training and
' educational programs which result in produ�tive employment.
9. Promote cooperative employment amangements between
- private employers and pubfic sector employment efforts to provide
_ productive, permanent employment opportunities for public
assistance recipier�ts through provisions of education opportunfies,
tax incentives, and employment training.
? 10. Provide for non�fiscriminatory employment opportunities.
� 11. Provide quality child day care for public assistance families and
others who need it in order to work.
12. Encourage the development of a business climate that
provides opportunfies for the growth and expansion of existing
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state industries, particularly those industries which are compatible
with Florida's environment.
13. Promote coordination among Florida's ports to increase their
� utilization.
14. Encourage the full utilization by businesses of the economic
development enhancement programs implemented by the
Legislature for the purpose of extensively involving private
businesses in the developmerrt and expansion of permanent job
opportunities, especially for the economically disadvantaged,
through the utilization of enterprise zones, community development
corporations, and other programs designed to enhance economic �
and employmerrt opportunities."
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WHEREAS, the parties desire that the economies of WINTER SPRiNGS
� and OVIEDO be vibrant, creative, flexible, dynamic and modern as wefl as be
economies that attract and retain high quality businesses and economic
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generators to WItdTER SPRINGS and OVlEDO; and
WHEREAS, WINTER SPRINGS and OVIEDO desire that the maximum
: possible level of cooperation, collaboration and coordination occur between
� WINTER SPRINGS and OVIEDO and the State of Florida, regional ec;onomic
development entities, Seminole County, other local govemment entities and
- private sector organizations; and
WHEREAS, WINTER SPRINGS and OVIEDO have concluded that a
positive means and method to economically develop WINTER SPRINGS and
� OVIEDO in the aforedescribed effective and beneficial manner would be to
create an Economic Qevelopment Task Force serving both WINTER SPRINGS
and OVlEDO; and
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WHEREAS, WINTER SPRINGS and OVIEDO desire to protect the public
health, safety and welfare of their citizens and maintain a high quality of life for
the citizens of WINTER SPRINGS and OVIEDO; and
WHEREAS, i� is mutualiy agreed by the WINTER SPRINGS and OVIEDO
that it is desirable and in the best interests of the citizens of WINTER SPRINGS
and OVIEDO for WINTER SPRINGS and OVIEDO to cooperate in their
economic development ac�tivities and programs; and � �
WHEREAS, it is beneficial to the public for the parties to this lnterlocal
Agreement to work together in a spirit of harmony and cooperation; and �
WHEREAS, WINTER SPRINGS and OVIEDO desire to protect the health,
safety and weffa�e of the citizens of their respecfiive jurisdictions by ensuring
� sound and beneficial economic development; and
� WHEREAS, this Interiocal Agreement is authorized pursuant to the
provisions of Chapters 163, 166, Florida Statutes, and other applicable law,
NOW� THEREFORE, in consideration of the mutual understandings and
; covenants set forth herein and other good and valuable consideration, the receipt
:_ and sufficiency of which is hereby acknowledged, the parties agree as folfows:
SECTION 1. RECITALS.
. The above recitafs are true and correct and form a material part of this
Interlocal Agreement upon which the parties have relied.
,. SECTION 2. CREATION OF THE WINTER SPRINGS - OVIEDO
� ECONOMIC DEVELOPMENT TASK F�RCE; PROCEDURES.
(a). A Joint Economic Development Task Force of WtNTER SPRINGS
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and OVIEDO is hereby created.
(b). The Joint Economic Development Task Force of WINTER .
SPRINGS and OVIEDO shall consist of seven {7) voting members who shall be
appointed for finro (2) year terms expiring on December 39 of each year
commencing in the year 2092 and four (4) ex oflrcio non-voting members. The
initial appointed voting members shall senre their initial term until December 31,
2012. Upon expiration of their terms, members may be reappointed by #he
applicable local goveming body. A quorum of the Joint Economic Development
Task Force shall be constituted of five (5) voting members. Failure of any voting
member to attend two (2) of three (3) successive meetings of the Joint Economic
Development Task Force, without good cause and without prior approval of the
; j Chairperson, shal[ be immediate cause for removal by the appointing local
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governing body. The appointing local goveming body shall promptfy fill any
vacancies on the Joint Economic Development Task Foroe and the vacancy shall
: be filled for the remainder of the unexpired term of office.
(c). The power to appoint the Chairperson of the Joint Economic
Development Task Force shall altemate on a rotating basis be#ween OVIEDO
� and V1/1NTER SPRINGS every finro years. The initial Chairperson shall be the at-
large appointee of WINTER SPRINGS and shall serve until the initial term
expires on December 31, 2012. The Deputy-Chairperson shall be the at-large
appointee of the local goveming body who does not appoin# the Chairperson.
The Deputy-Chairperson shall have the power to chair meetings of the Joint
Economic Development Task Force in the absence of the Chairperson.
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(d). The goveming bodies of WINTER SPRINGS. and OVIEDO shali
each appoint one {1) at large voting members to the Joint Economic
Development Task Force.
(e). The goveming bodies of WINTER SPRINGS and OVlEDO shall
jointly appoint five (5) additional voting members to the Joint Economic
Development Task Force as follows: (i) two (2) members who are employees of
the University of Cerrtral Florida; (ii) a senior Seminole County staff inember
designated by the Board of County Commissioners of Seminole County to
represent the County; (ii� a member employed by the Metro-Orlando Economic .
Development Commission; arxi (iv) a member employed by Seminote State
College.
�� (fl. All appointed voting members of the Joint Economic Development
Task Force serve at the pleasure of the local goveming body appoinfing the
_ member or both local goveming bodies if a joint appoinfee. As such, each
governing body reserves the right to remove and replace any of its appointed
members for any reason and agrees to give full consideration to � views of the
other local goveming body in the case of joint appointees.
�_ (g). In addfion to voting members, the following ex officio and non-
voting members shall serve on the Joint Economic Development Task Force: (i)
the mayors of OVlEDO and WINTER SPRINGS; (ii) the President of the
Oviedo�nter Springs Chamber of Commerce; and (iii) a designated member
� from the Seminole County Regional Chamber of Commerce. These members
may fully participate in the discussions and proceedings of the Joint Economic
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Development Task Force, but may not vote on any matter. The goveming bodies
of OVIEDO AND WiNTER SPRlNGS may jointly appoint other ex officio
members to the Joint Economic Development Task Force if deemed necessary
in the future.,
(h). The local governing body having the power to ap�int the
Chairperson shall concurrently have the administrative responsibilities relative to
� the Joint Economic Development Task Force while that local goveming body's
appoirrted member serves as Chairperson. Such responsibilities sha11 indude,
but not be limited to, the preparation of agendas and meeting notices, the taking .�.
of minutes, and related clerical and logistical matters. The preparation of
agendas shall be coordinated befinreen OVIEDO and WINTER SPRINGS in
� advance of publication to the Joint Economic Development Task Force in order
to give each party the ability to place matters before the Task Force for
information purposes or advice.
(i). The Joint Economic Development Task Force shall meet as
; frequently as the Task Force deems necessary in order to fuffill its
responsibilities, or as jointly deemed necessary by the governing bodies of
OVIEDO or WINTER SPRINGS for special purposes. The frequency of ineetings
shall be determined by a majority vote o� the Joint Economic Development Task
� Force membership. All meetings of the Joint Economic Development Task Force
: shall be dufy noticed and open to the public at all times. Meetings shall take
place in the jurisdictional limits of either the City of OVIEDO o� City of WINTER
' SPRINGS unless othervvise authorized jointly by the local goveming bodies of
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OVIEDO and WINTER SPRINGS in accordance with law. The Joint Economic
Development Task Force shall be allowed to approve by-laws for the conduct of
their meetings; provided, however, such by-laws shail not conflict with the
provisions of this Interlocal Agreement or any implementation memorandum or
memoranda approved by the city managers pursuant to Section 5 herein.
Minutes of the meetings of the Joint Economic Development Task Force shall be
prepared and maintained in accordance with the requirements of controlling law.
Q). The Joirrt Economic Development Task Force shall neither have
the power or authorizafion to expend any public funds nor the power to pledge
the revenues or taxing authority of WINTER SPRINGS and OVIEDO. Further, the
Joint Economic Development Task Force shatl not have contracting authority or
� the power to contra�tually bind OVfEDO and WINTER SPRINGS. The expenses
and contractual servioes relating to the Joint Economic Development Task Force
shall be subject to joint approval by the loca! goveming bodies of OVIEDO and
' WINTER SPRiNGS and shall, absent a specific written agreement to the
contrary, be equally apportioned and equally paid.
(k) Annualfy at the end of November, the Joint Economic Development
Task Force shall prepare and deliver to the local goveming bodies of OVIEDO
and WINTER SPRINGS a brief, annual written report of the Joint Economic
Development Task Force's actnrities which occurred during the previous year
� along with any advice or recommendations for the upcoming year. For example,
suct� relevant advice or recommendafions may include, but not be limited to,
strategies for achieving the primary objectives set forth in Section 3 of this
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Interlocal Agreement and ways to improve the role and govemance of the Joint
Economic Development Task Force for the mutual berief�t of WINTER SPRINGS
� and OVIEDO.
SECTION 3. OBJECTIVES
The Joint Economic Development Task Force shall have the following two
' (2) primary objectives:
Objective 1: Incxeasing the non-residential portion of "the tax base �within
each of the cities; and
Objective 2: Creating high paying, employment opportunities for residents
of OVIEDO, WINTER SPRINGS and Seminole County.
SECTtON 4. ACTIVITfES
The primary objectives set forth in Section 3 shall be realized through the
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i performance of specific activities by the Joint Economic Development Task
Force. These activities shall include, at a minimum, the following:
; 1. Engaging in and promoting activities for purposes of retaining, relocating
and recruiting businesses and enterprises to the cfies of OVIEDO and
WINTER SPRINGS especially those from targeted industries;
2. Promoting, soliciting and 000rdinating economic development in the cities
of OVIEDO and WINTER SPRINGS through existing businesses and
economic enterprises within the cities;
3. Participating in the development of primary business recruitrr�ent materials
and programs within each of the cities;
4. Providing suggestions to the OVIEDO City Counci! and the WINTER
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. Springs City Commission regarding potential economic development
opportunities, projects and programs.
5. Senring as ambassadors to the business community by representing the
. cities' interests in local and regional business deve{opment organizations
and activities.
6. Supporting the economic development agencies of the cities of WiNTER
SPRINGS and OVIEDO subject to any applic�ble confidentiality
requirements set forth in controlling law including, but not limited to,
Section 288.075, Florida Statutes.
SECTION 5. IMPLEMENTATION OF AGREEMENT.
The City Managers of WINTER SPRINGS and OVIEDO shall execute a
;; memorandum or memoranda of understanding ftom time-to-time as may be
necessary to implement this Interlocal Agreement; provided, however, any such
memorandum or memoranda shall not conflict with the provisions of this
Interlocal Agreement Furthermore, the City Managers of Winter Springs and
Oviedo are authorized to take all necessary and appropriate actions to provide
support for the activities of the Joint Economic Development Task Force
including the preparation of ineeting notices and agendas, meeting minutes, and
other clerical and logistical support. When formalizing a memorandum of
understanding, the city managers of WINTER SPRtNGS and OVIEDO shall
� address the confidentiality of records under the public records laws of the State
of Floricfa in appropriate circumstances when the activities of the Joint Economic
: Development Task Force will relate to activities in which records are granted a
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confidential status by controlling law including, but not limited to, the
confidentiality requirements of Section 288.075, Florida S#atutes..
SECTION 6. INSURANCE AND INDEMNIFICATION.
(a). The parties shall maintain their respective insurance programs and
policies in efFect during the term of this Interlocal Agreement.
(b). To the fullest extent permitted by law, each party to this Agreement
shall indemnirfy, save and hold harmless the other party and its agents, servants,
officers, offiaals, attomeys, and employees, or any of them, from and against any
. and all claims, damages, losses, payments, suits, actions, recoveries, judgments
and expenses of every nature and descxiption whatsoever including, but not
limited to, claims for property damage, attomeys fees and other legal costs and
�� claims for injury or death of persons brought or recovered against the other party
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to this Agreement by reason of any act or omission of the responsible party, its
; respective agents, servants, officers, officials, attomeys, and employees in the
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execution of the work relating to this Interlocal Agreement.
�� (c). Nothing con#ained herein shall be construed or interpreted as
denying to any party any remedy of defense available to such parties under the
- laws of the State of Florida, nor a waiver of sovereign immunity of OVIEDO or
WlNTER SPRINGS beyond the express waiver set forth in Section 768.28,
� Florida Statutes.
SECTION 7. EFFECTIVE DATE.
This Interlocal Agreement shall take effect upon signature of both of the
parties and the recordation of this Interlocal Agreement in the official public
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records of Seminole County, Florida as required by Section 163.01, Fforida
Sta#utes
SECTION 8. TERM.
This Interlocal Agreement and the appointrnent of all members of the Joint
Economic Development Task Force shall remain in effect until either WINTER
SPRINGS or OVlEDO notifies the other party in wr�ing of its�desire to terminate
this Interlocat Agreement. Notice of terrnination shall be delivered on or before
September 1 of any calendar year and sucfi termination shall take effect
thereafter on Deoember 31 of the year that written notice of terminatbn is timefy
given. In addition, OVIEDO and WINTER SPRINGS may mutually agree in
� writing to the termination of this Interlocal Agreement. In tf�e event of
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termination, the Joint Economic Development Task Force shall continue to
function until the termination date becomes effective and the City Managers of
WINTER SPRINGS and OVIEDO shall take actions #o wind down the operations
of the Joint Economic Development Task Force prior to the termina#ion becoming
effective.
SECTION 9. NOTICES.
(a). Notices required or permitted hereunder shall be in writing, or by other
� electronic means, and be deemed properly made when hand delivered to #he
position hereinafter designated, or upon deposit in the United States mail,
� postage prepaid, addressed as set forth herein, or at such o#her address as shall
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been specified by written notice to all other parties delivered in accordance
� herewith.
(b). Addresses for receipt of notices are as follows:
For WINTER SPRINGS:
The City of Wir�ter Springs
Attn: City Manager
City Hall
� 1126 East State Road 434
Wirrter Springs, Florida 32708 � �
For OVIEDO:
Th�..City of Quiedo . . _ __ _ ..
Attn: City Manager
400 Alexandria Btvd.
Oviedo, Florida 32765-5514
{c). Written notice requirements of this Interlocal Agreement shall be
� strictly construed and such requirements are a condfion precedent to pursuing
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� any rights or remedies hereunder. Computer notification (e-mails and message
boards) shall not constitute proper wriiten notice under the terms of this
Interlocal Agreement.
� SECTION 10. STANDARDS OF CONDUCTIPUBLIC RECORDS.
(a}. The parties shall not discriminate on the grounds of race, color,
religion, sex, or national origin in the perFormance of work under this Inter{ocal
Agreement or violate any (aws pertaining to civil rights, equal protection or
discrimination.
• (b). The parties reserve the right to unilaterally terminate this Interlocal
Agreement immediately with written nodce if the other party refuses to allow
� public access to all documents, papers, letters, or other materials subject to
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provisions of Chap#er 119, Florida Sfafutes, and other appiicable law, and made
or received by the party in conjunction, in any way, with this Interlocal
Agreement.
{c). The parties shall not engage in any ac�ion that would create a
canflict of interest or which would violate or cause others to violate the
provisions of Part Ill, Chapter 112, Florida Stafutes, relating to .ethics in
government. � -
SECTION 11. CONTROLLING LAWSNENUE/INTERPRETATION.
� (a). This Interlocal Agreement is to be govemed by the laws of the State
of Florida.
{b). Venue for any legal proceeding related to this Interiocal Agreement
shall be in the Eighteenth Judicial Circuit Court in and for Seminole County,
s
. F{orida.
(c). This Interlocal Agreement is the resuft of bona fide arms length
negotiations between WINTER SPRINGS and OVIEDO and all parties have
contributed substantially and materia{ly to the preparation of the Interlocal
Agreement. Accordingly, this Interlocal Agreement shall not be construed or
. interpreted more strictly against any one party than against any other party.
SECTION 12. ASSIGNABtLITY.
The parties may not assign this Interlocal Agreement to any other party.
� SECTION 13 . WAIVER
The failure of a party to insist in any instance upon the strict performanoe
of any provision of this Interlocal Agreement, or to exercise any right or privilege
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grantetJ to the party hereunder shall not constitute or be construed as a waiver of
any such provision or right and the same shall corrtinue in force.
SECTION 14. CAPTIONS.
Section numbers and other captions contained_ in this Interlocal
Agreement are for referenoe purposes oniy and are in no way intended to
describe, interpret, define, or fimit the scc�pe, extent or intent of this Interlocal
Agreement, or any provision hereto. � �
� SECTION 15 . SEVERABILITY.
� Each provision of this InterEocal Agreement is intended to be severable. If -
any term or provision hereof is illegal or invalid for any reason whatsoever, such
illegality or inva{idity sha(I not affect the remainder of this Inte�local Agreemerit.
� SECTION 1fi. ENTIRE AGREEMENT/tNTEGRATION.
" This Interlocal Agreernent consti#utes the complete and entire agreement
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between WINTER SPRINGS and OVIEDO with respect to the subject maiter
hereof, and superse�es any and all prior agreements, arrangements or
understandings, whether oral or written, between the parties relating thereto, all
of which have been integrated herein.
SECTION 17. M4DIFICATION.
- This Interlocal Agreement may not be amended, changed, or mod�ed,
and material provisions hereunder may not be waived, except by a written
document, of equal dignity herewith; provided, however, that this Interlocal
Agreement anticipates the entering of inemoranda of understanding as set forth
in Section 6 herein.
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SECTION 18. COUNTERPARTS.
This Interlocal Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken
: together, shall consti#ute one and the same document.
IN WITNESS WHEREOF, the parties to this (nterlocal Agreement have
caused their names to be afF'rxed hereto by the proper officers,tjiereir���,,
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A ST.• CITY OF W�J�'F�S�Ril�S��'•.,�' �'.
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. Charles Lacey o : r► = �
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Approved as to form and �'� � ":'�SE3���=
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legal sufficiencY• �''`�►...,,.,... ..
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Anthony Garganese, City Attomey
ATTEST.• CITY OF OVIEDO
♦ �'H���
ara J. B r, City Clerk Do ' Persampiere, Mayor .••' Gf t �""•,
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Approved as to form and �
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onnie N. Groot, C' A ey y �, t ;o ,.•�
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