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HomeMy WebLinkAbout2011 03 28 Consent 207 Termination of Interlocal with OviedoCOMMISSION AGENDA ITEM 207 March 28,2011 Regular Meeting Consent X Informational Public Hearin Regular MGR. /DEPT. � C, Authorization � r REQUEST: The City Attorney's office requests that the City Commission provide final approval for the Termination Agreement, which terminates the City of Oviedo /City of Winter Springs Interlocal Agreement Relating to a Joint Economic `bask Force. SYNOPSIS: Final approval of the Termination of City of Oviedo /City of Winter Springs Interlocal Agreement Relating to a Joint Economic Development Task Force « `ennination Agreement will formally authorize the termination of the City of Oviedo /City of Winter Springs Interlocal Agreement Relating to a Joint Economic Development Task Force ("Interlocal Agreement"). CONSIDERATIONS: I. On January 10 2011, the City of Oviedo and the City of Winter Springs entered into the Interlocal Agreement, which was recorded in the official records of Seminole County on February 23, 20 2 . On March 14 2011, the City Commission authorized the City Manager to work with the City of Oviedo to terminate the Interlocal Agreement. Pursuant to this direction, the City Attorney's office prepared the Termination Agreement. Upon execution of the Termination Agreement by both the cities of Winter Springs and Oviedo, the Interlocal Agreement would he terminated, effective immediately upon recordation in the official records of Seminole County. 3 . To date, the City of Oviedo has not voiced any objection to tennination of the Interlocal Agreement, and has indicated that the 'Termination Agreement is currently being scheduled for consideration by the Oviedo City Council. 4 . At this time, the City Attorney's office is requesting final approval of the germination Agreement. FISCAL IMPACT: The fiscal impact will be nominal. Where may be a reduction in administrative costs to the Cit in connection with staffing of certain public meetings of the Joint Economic Development Task Force. REGULAR, MEETING - MARC 28,201 CONSENT AGENDA nEM "207" FATE 2 OF COMMUNICATION EFFOR'T'S: This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's w b �t , Laseff ache, an the City's S erver. Fur her, information related to this Agenda Item has been sent to me dia/press representat w h ave requested Agendas /Agenda Item information, all Homeowner's Assoeiatio s on file with the City, all individuals who have requested Agendas/Agenda Item information, Department Directors; and also posted outside City all; posted inside City Hall with additional copies available for the general public; and posted at five different locations around the City. RIECoMNDA'TINS: The City Attorney's office recommen that the City Commission provide final a pproval of the Termination Agreement, which terminates the Interlocal Agreement. ATTACIINTS: 1. Termination Agreement 2. Interlocal Agreement TERMINATION of CITY OF OVIEDOICITY of WINTER SPRINGS S INTER LOCAL CAL I EE E 1T RELATING TO A JOINT ECONOMIC DEVELOPMENT TASK FORCE THIS TERMINATION of INTER LOCAL AL A F EEME[ T is made and entered into this day of , 2011 by and between the City of Oviedo, Florida, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32766, (hereinafter referred to as "Oviedo") and the City of Winter Springs, hereinafter referred to as "Winter Springs"), a Florida municipal corporation, whose address Is City of Winter Springs, City Hall, 1126 East State Road 434, Winter Springs, Florida 32708 ("Termination Agreement"). WHEREAS, Oviedo and Winter Springs entered into the City of Oviedo /City of Winter Springs Interlocal Agreement Relating to a Joint Economic Task Force ("Interlocal Agreement); and WHEREAS, Oviedo and Winter Springs mutually desire to terminate the Interlocal Agreement, effective immediately upon recordation of this Termination Agreement; and NOW, THEREFORE, E, in consideration of the mutual covenants and conditions contained herein, the parties agree a s follows: SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Amendment upon which the parties have relied. SECTION 2. TERMINATION of INTEILOCAL AGREEMENT. Pursuant to section 8 of the Interlocal Agreement, OVIEDO and WINTER TEI SPRINGS hereby agree to immediately terminate the Interlocal Agreement. SECTION 3. EFFECTIVE DATE, This Termination Agreement shall take effect upon signature of both of the parties and the recordation of this Termination Agreement in the official public records of Seminole County, Florida as required by Section 163.01 Florida Statutes. IN WITNESS WHEREOF, the parties to this Interlocal Agreement have caused their names to be affixed hereto by the proper officers therein. ATTEST: CITY OF WINTER SPRINGS Andrea Lorenzo- Luaces, City Clerk Approved as to form and legal sufficiency. Anthony Garganese, City Attorney TT ST. Barbara J. Barbour, City Clerk Approved as to form and legal sufficiency. Lonnie N. Groot, City Attorney Charles Lacey, Mayor CITY of OV IEDO k Dominic Persampiere, Mayor 1 a E F }j CITY OF OVIEDO /CITY OF WINTER SPRINGS INTERLOCAL AGREEMENT RELATING TO A JOINT ECONOMIC DEVELOPMENT TASK FORCE THIS INTERLOCAL AGREEMENT is made and entered into this LO 'day 1 Of Ah , 201 by and between the City of Oviedo, Florida, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765, thereinafter referred to as the "OVIEDO ") and the City of Winter Springs, (hereinafter referred to as the "WINTER SPRINGS"}, a Florida municipal corporation, whose address is City of Winter Springs, City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. MTNESSETH. WHEREAS, the parties have the desire to ensure that WINTER SPRINGS and OVIEDO and their environs are desirable for economic development of a positive nature for the benefit of their citizens; and WHEREAS, WINTER SPRINGS and OVIEDO desire to and shall designate an "economic development agency' in accordance with Section 288.075(1)(a)4., Florida Statutes, which consists of municipal officers or employees assigned the duty to promote the general business interests or industrial interests of the municipality or the responsibilities related thereto; and WHEREAS, Section 166.021 (9), Florida Statutes, provides as follows: "(9 )ta) The Legislature finds and declares that this state faces 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 and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic 1 ID t .- M r 77 - -- , ' c Z ,. m �m m0 cri �m J C �• r7 th ° T z 0 M C n z IL%:. M tj:� IJD it C) 4 Lh 0 k> US to P 6 6 % C) 1 CD 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 municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the goveming body of a " municipality, including any powers not specifically prohibited by law which can be exercised by the goveming body of a municipality, shall be liberally construed in order to _effecWely carry out the _ purposes of this subsection. (c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, 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 attraction of new businesses to the community. (d) Nothing contained in this subsection shall be construed as a limitation on the home rule powers granted by the State Constitution for municipalities." ; and WHEREAS, Section 187.201(21), Florida Statutes, (part of the State Comprehensive Plan) provides as follows: u(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. -- 2 1. Attract new job- producing industries, corporate headquarters, distribution and service centers, regional offices, and research and development facil'r#ies to provide quality employment for the residents of Florida. 2. Promote entrepreneurship and small and minority -owned business startup by providing technical and information resources, facilitating capital formation, and removing regulatory restraints which are unnecessary for the protection 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, and agricultural and natural resources. 4. Strengthen Florida's position in the world economy through attracting foreign investment and- prornoting.. 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 film, television, and recording production. 6. Promote economic development for Florida residents through partnerships among education, business, industry, agriculture, and the arts. 7. Provide increased opportunities for training Florida's workforce to provide skilled employees for new and expanding business. 8. Promote economic self - sufficiency through training and educational programs which result in productive employment. 9. Promote cooperative employment arrangements between private employers and public sector employment efforts to provide productive, permanent employment opportunities for public assistance recipients through provisions of education opportunities, tax incentives, and employment training. 10. Provide for nondiscriminatory 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 opportunities for the growth and expansion of existing k] 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 development 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 enhanbe economic and employment opportunities! and WHEREAS, the parties desire that the economies of WINTER SPRINGS and OVIEDO be vibrant, creative, flexible, dynamic and modern as well as be economies that attract and retain high quality businesses and economic generators to WINTER SPRINGS and OVIEDO; 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 economic development entities, Seminole County, other local government 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 aforedescdbed effective and beneficial manner would be to create an Economic Development Task Force serving both WINTER SPRINGS and OVIEDO; and n W 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, it is mutually 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 activities and programs; and WHEREAS, it is beneficial to the public for the parfies to this Interlocal Agreement to work together in a spirit of harmony and cooperabon; and WHEREAS, WINTER SPRINGS and OVIEDO desire to protect the health, safety and welfare of the citizens of their respective jurisdictions by ensuring sound and beneficial economic development; and WHEREAS, this Interlocal 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 follows: SECTION 1. RECITALS. The above recitals 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 FORCE: PROCEDURES. (a). A Joint Economic Development Task Force of WINTER SPRINGS 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 two (2) year terms expiring on December 31 of each year commencing in the year 2012 and four (4) ex officio non - voting members. The initial appointed voting members shall serve their initial term until December 31, 2012. Upon expiration of their terms, members may be reappointed by the applicable local governing 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 Chairperson, shall be immediate cause for removal by the appointing local e governing body. The appointing local governing body shall promptly fill any vacancies on the Joint Economic Development Task Force 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 alternate on a rotating basis between OVIEDO and WINTER SPRINGS every two 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 governing body who does not appoint 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. 0 (d). The goveming bodies of WINTER SPRINGS. and OVIEDO shall each appoint one (1) at large voting members to the Joint Economic Development Task Force. (e). The governing bodies of WINTER SPRINGS and OVI EDG 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 Central Florida; (ii) a senior Seminole County staff member designated by the Board of County Commissioners of Seminole County to represent the County; (iii) a member employed by the Metro - Orlando Economic Development Commission; and (iv) a member employed by Seminole State College. ft All appointed voting members of the Joint Economic Development Task Force serve at the pleasure of the local goveming body appointing the member or both local goveming bodies if a joint appointee. 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 the views of the other local goveming body in the case of joint appointees. (g). In addition to voting members, the following ex officio and non- voting members shall serve on the Joint Economic Development Task Force: (i) the mayors of GVI EDG and WINTER SPRINGS; (ii) the President of the GviedoN inter 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 7 Development Task Force, but may not vote on any matter. The governing bodies of OVIEDO AND WINTER SPRINGS 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 appoint the Chairperson shall concurrently have the administrative responsibilities relative to the Joint Economic Development Task Force while that local goveming body's appointed member serves as Chairperson. Such responsibilities shall include, but not be limited to, the prep aration of agendas and meeting notices, the taking of minutes, and related clerical and logistical matters. The preparation of agendas shall be coordinated between 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 fulfill its responsibilities, or as jointly deemed necessary by the governing bodies of OVIEDO or WINTER SPRINGS for special purposes. The frequency of meetings shall be determined by a majority vote of the Joint Economic Development Task Force membership. All meetings of the Joint Economic Development Task Force shall be duly noticed and open to the public at all times. Meetings shall take place in the jurisdictional limits of either the City of OVIEDO or City of WINTER SPRINGS unless otherwise authorized jointly by the local goveming bodies of 8 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 by4aws shall not conflict with the provisions of this I nterlocal 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 requirement of controlling law. �). The Joint Economic Development Task Force shall neither have the power or authorization 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 shall not have contracting authority or the power to contractually bind OVIEDO and WINTER SPRINGS. The expenses and contractual services relating to the Joint Economic Development Task Force shall be subject to joint approval by the local governing bodies of OVIEDO and WINTER SPRINGS and shall, absent a specific written agreement to the contrary, be equally apportioned and equally paid. (k) Annually at the end of November, the Joint Economic Development Task Force shall prepare and deliver to the local governing bodies of OVIEDO and WINTER SPRINGS a brief, annual written report of the Joint Economic Development Task Force's activities which occurred during the previous year along with any advice or recommendations for the upcoming year. For example, such relevant advice or recommendations may include, but not be limited to, strategies for achieving the primary objectives set forth in Section 3 of this 9 Interlocal Agreement and ways to improve the role and governance of the Joint Economic Development Task Force for the mutual benefit of WINTER SPRINGS and OVIEDO. SECTION 3. OBJECTIVES The Joint Economic Development Task Force shall have the following two (2) primary objectives: Objective 1: Increasing 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. SECTION 4, ACTIVITIES The primary objectives set forth in Section 3 shall be realized through the 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 cities of OVIEDO and WINTER SPRINGS especially those from targeted industries; 2. Promoting, Soliciting and coordinating economic development in the chies of OVIEDO and WINTER SPRINGS through. existing businesses and economic enterprises within the cities; 3. Participating in the development of primary business recruitment materials and programs within each of the cities; 4. Providing suggestions to the OVIEDO City Council and the WINTER 10 Springs City Commission regarding potential economic development opportunities, projects and programs. 5. Serving as ambassadors to the business community by representing the cities' interests in local and regional business development organisations and activities. 8. Supporting the economic development agencies of the cities of WINTER SPRINGS and OVIEDO subject to any applicable 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 from time- to-rime 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 meeting notices and agendas, meeting minutes, and other clerical and logistical support. When formalising a memorandum of understanding, the city managers of WINTER SPRINGS and OVIEDO shall address the confidentiality of records under the public records laws of the State of Florida in appropriate circumstances when the activities of the Joint Economic Development Task Force will relate to activities in which records are granted a 11 confdenbai status by controlling laver including, but not limited to, the confidentiality requirements of Section 288.075, Florida Statutes.. SECTION 8. INSURANCE AND INDEMNIFICATION. (a). The parties shall maintain their respective insurance programs and policies in effect during the term of this Intedocal Agreement. (b). To the fullest extent permitted by law, each party to this Agreement shall indemnify, save and gold harmless the other party and its agents, servants, officers, officials, attorneys, 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 - description whatsoever including, but not limited to, claims for property damage, attorneys fees and other legal costs and claims for injury or death of persons brought or recovered against the other party to this Agreement by reason of any act or omission of the responsible party, its respective agents, servants, officers, officials, attorneys, and employees in the execution of the work relating to this Interlocal Agreement. (c). Nothing contained 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 OVI EDO or WINTER SPRINGS beyond the express waiver set forth in Section 758.28, 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 12 } records of Seminole County, Florida as required by Section 1 63.01, Florida Statutes SECTION 8. TERM, This Interlocal Agreement and the appointment of all members of the Joint Economic Development Task Forge shall remain in effect until- either WI NTE R SPRINGS or OVIEDO notifies the other party in wr'rfing of its' desire to terminate this Interlocal Agreement. Nonce of termination shall be delivered on or before September Y tuber 1 of an calendar year and such termination shall take effect thereafter an December 31 of the year that written native of termination is timely given. In addition, OVIEDO and WINTER SPRINGS may mutually agree in writing to the termination of this Interlocal Agreement. In the event of 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 to wind down the operations of the Joint Economic Development Task Farce prior to the termination 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 the position hereinafter designated, or upon deposit in the United States mail, postage prepaid, addressed as set forth herein, or at such other address as shall 13 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 Winter Springs Attu: City Manager City Hall 1126 East State Road 434 Winter Springs, Florida 32708 For OVI EDO: The.-C ity, of Oviedo Attn: City Manager 400 Alexandria Blvd. Oviedo, Florida 32765 -5514 (c). Written notice requirements of this Interlocal Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of this Interlocal Agreement. SECTION 10. STANDARDS of CON DUCTlPUBLIC 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 Interlocal Agreement or violate any Laws pertaining to civil rights, equal protection or discrimination. (b). The parties reserve the right to unilaterally terminate this Interlocal Agreement immediately with written notice if the other party refuses to allow public access to all documents, papers, letters, or other materials subject to 14 provisions of Chapter 119, Florida Statutes, and other applicable 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 actin that would create a conflict of interest or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to . ethics in government. - SECTION 11, CONTROLLING LAWSIVENUEIINTERPRETATION. (a). This Interlocal Agreement is to be g oven ed by the laws of the State of Florida. (b). Venue for any legal proceeding related to this Interlocal Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. (c). This Interlocal Agreement is the result of bona fide arms length negotiations between WINTER SPRINGS and OVI EDO and all parties have contributed substantially and materially to the preparation of the Intedocal Agreement. Accordingly, this Interlocal Agreement shall not be construed or interpreted more strictly against any one party than against any other party. SECTION 12, ASSIGNABILITY. 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 performance of any provision of this Interlocal Agreement, or to exercise any right or privilege 15 granted to the party hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTtoN 14. CAPTIONS. Section numbers and other captions contained in this Interlocal Agreement are for reference purposes only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Interlocal Agreement, or any provision hereto. - SECTION 15. SEVERABILITY. Each p rovision of this Interlocal Agreement is Intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this Interlocal Agreement, SECTION 15. ENTIRE AGREEMENTfINTEGRATION. This I ntedocal Agreement constitutes the complete and entire agreement between WINTER SPRINGS and OVIEDO with respect to the subject matter hereof, and supersedes 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. MODIFICATION. This Interlocal Agreement may not be amended, changed, or modified, 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 memoranda of understanding as set forth in Section 6 herein. 16 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 constitute one and the same document. IN WITNESS WHEREOF, the parties to this lnterlocal Agreement have caused their names to be affixed hereto by the proper officers lberain low A S�'. CITY of ' r • � 3 �� r ek 0 . r r • M s � � Charles Laced o �. , •, , 4 " Approved as to form and S legal sufficiency. +'' •. •., ... - . . Anthony Garganese, City Attomey ara J. B 66idr, Cit Clerk Approved as t o f and le s nc 6n n'i e - N. • • • 1 CITY of OVIEDO ."* * Do Per�sampiere, Mayor ;.�! T �'' ,j 0, 0 a 0 ■ ~ r r � ■ �0f • * l ,+ �ffi�f ■ii 17 TERMINATION OF CITY OF OVIEDO/CITY OF WINTER SPRINGS INTERLOCAL AGREEMENT RELATING TO A JOINT ECONOMIC DEVELOPMENT TASK FORCE THIS TERMINATION OF INTERLOCAL AGREEMENT is made and entered into this day of , 2011, by and between the City of Oviedo, Florida, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765, (hereinafter referred to as "Oviedo") and the City of Winter Springs, (hereinafter referred to as "Winter Springs"), a Florida municipal corporation, whose address is City of Winter Springs, City Hall, 1126 East State Road 434, Winter Springs, Florida 32708 ("Termination Agreement"). WITNESSETH: WHEREAS, Oviedo and Winter Springs entered into the City of Oviedo/City of Winter Springs Interlocal Agreement Relating to a Joint Economic Task Force ("Interlocal AgreemenY'); and WHEREAS, Oviedo and Winter Springs mutually desire to terminate the Interlocal Agreement, effective immediately upon recordation of this Termination Agreement; and NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Amendment upon which the parties have relied. SECTION 2. TERMINATION OF INTERLOCAL AGREEMENT. Pursuant to Section 8 of the Interlocal Agreement, OVIEDO and WINTER SPRINGS hereby agree to immediately terminate the Interlocal Agreement. SECTION 3. EFFECTIVE DATE. This Termination Agreement shall take effect upon signature of both of the parties and the recordation of this Termination Agreement in the official public records of Seminole County, Florida as required by Section 163.01, Florida Statutes. IN WITNESS WHEREOF, the parties to this interlocal Agreement l;ave caused their names to be affixed hereto by the proper officers therein. ATTE CITY OF NTER S°i31NGS An r orenzo-Luaces, City Clerk Charle Lacey, r Approve to form and legal s ici Anthony Garganese, City Attorney ATTEST: CITY OF OVIEDO Barbara J. Barbour, City Clerk Dominic Persampiere, Mayor Approved as to form and legal sufficiency. Lonnie N. Groot, City Attorney 1