HomeMy WebLinkAboutInterlocal Agreement Seminole County - Construction and Maintenance of Wall Projects 1997 l ,
r Seminole County Government
Board of County Commissioners 1101 East First Street Sanford, Florida 32771-1468 (407) 321-1130
June 19, 1997 JCIE17I
JUN 2 3 1997
Mr. Ron McLemore
City Manager CITY OF WINTER SPRINGS
City of Winter Springs City Manager
1126 East SR 434
Winter Springs, Florida 32708
Dear Mr. McLemore:
Please find attached, the original copy of the Interlocal Agreement between
Seminole County and the City of Winter Springs, regarding the Tuskawilla wall
project. This agreement was approved by the Board of County Commissioners
at their meeting of June 10, 1997, and has been executed by the appropriate
County officials.
Please have the necessary signatures executed by the City and return this
original to me for recording in the public records. After recording of the
document I will forward to you a certified copy of the original for your records.
If you have any questions regarding this matter, please do not hesitate to
contact me.
Sincerely,
J
OeKevin Grace
puty County Manager
cc: Gary E. Kaiser, County Manager
SEMINOLE COUNTY AND CITY OF WINTER SPRINGS TRANSPORTATION PLAN
INTERLOCAL AGREEMENT AND AGREEMENT RELATING TO DESIGN,
CONSTRUCTION AND MAINTENANCE OF WALL PROJECT
THIS INTERLOCAL AGREEMENT is made and entered into this /0
day of , 1997, 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, hereinafter 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,
hereinafter referred to as the "CITY. "
W I T N E S S E T H:
WHEREAS, the COUNTY and the CITY are firmly committed to the
development of transportation improvements for the benefit of the
residents of the COUNTY and the CITY and the enhancement of the
quality of life of the residents of the COUNTY and the CITY; and
WHEREAS, Phase III and Phase IV of the Tuskawilla Road Road
Improvement Program extend approximately from Station 210+30 to
Station 285+90 and are projects which are important in many
respects to both the COUNTY and the CITY; and
WHEREAS, the CITY has proposed shifting certain of the project
costs planned for the project described as follows "Traffic
Operations and Capacity Improvements (sic) To Be Designated" in the
interlocal agreement entitled "Seminole County Transportation Plan
Amended Interlocal Agreement" , dated August 30, 1996, (the project
will be hereinafter referred to as the "CITY Project" ) and the
COUNTY has favorably evaluated that proposal which would thereupon
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allow for augmentation of the Tuskawilla Road Phase III and IV Road
Improvement Projects (hereinafter referred to as the "COUNTY
Project" ) by virtue of the collaborative "Wall Project" (hereinaf-
ter described) being incorporated into the COUNTY Project as set
forth in this Interlocal Agreement being incorporated; and
WHEREAS, the CITY and the COUNTY recognize the importance of
prudently expending road improvement funds for public purposes
associated with roadway improvements, which expenditure of funds
includes the addressing of public impacts arising from road
construction and improvements and have determined that it is
desirable, beneficial and advantageous for the parties and their
citizens to enter this Interlocal Agreement and shift certain
funding from the CITY Project to the augmented COUNTY Project in
accordance with the terms set forth herein; and
WHEREAS, this Interlocal Agreement provides a public benefit,
furthers a public purpose, serves the public interest and is
consistent with the provisions of Chapters 125, 163 and 166,
Florida Statutes, the Seminole County Home Rule Charter, the
comprehensive plans of the parties, and other applicable law,
NOW, THEREFORE, in consideration of the recitals, mutual
covenants, and agreements herein contained, and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties covenant and agree as follows :
Section 1. Recitals. The foregoing recitals are true and
correct and form a material part of this Interlocal Agreement upon
which the parties have relied.
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Section 2 . Agreement Relating To The CITY Project and the
COUNTY Project and the Wall Project.
(a) The CITY hereby agrees that the sum of an amount not
exceeding TWO HUNDRED NINETY-TWO THOUSAND AND NO/100 DOLLARS
($292, 000 . 00) , (reappropriated sum) , which has been projected to be
expended on the CITY Project shall be reappropriated to be expended
on the COUNTY Project for the purposes of wall design and below
grade construction of the retaining wall portion of the Wall
Project and the CITY further covenants and agrees to make no claim,
of any type or nature whatsoever, relative to said sum against the
COUNTY or any other City within the COUNTY and, further, covenants
and agrees that only the remaining sum of money that was earmarked
for the CITY Project will be potentially available for the CITY
Project in accordance with the terms of the aforereferenced August
30, 1996 Seminole County Transportation Plan Amended Interlocal
Agreement .
(b) The COUNTY agrees that it will use the reappropriated sum
to accomplish the design of the Wall Project below grade construc-
tion of the Wall Project, as stated above, as part of the COUNTY
Project on the west side of Tuskawilla Road which wall will, in
general terms of description, extend approximately from Station
210+30 to Station 285+90, but will not include the crossing of
entranceways to subdivisions and previously constructed walls that
are not impacted by road construction pertaining to the COUNTY
Project . The COUNTY shall provide the CITY with draft plans,
materials and correspondence, notices of meetings, etc . , relating
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to the design and below grade construction of the Wall Project to
the extent practicable in accordance with the demands of the
COUNTY. Upon the ultimate determination of the design of the Wall
Project, the COUNTY shall advise the CITY of such determination.
(c) On or before October 31, 1997, the CITY shall issue to
the COUNTY a Notice of Intent to have the subject Wall Project
designed and constructed. The Wall Project shall consist of the
design and construction of a subdivision wall, consistent and in
conformity with all applicable codes and of a type, design and
aesthetic and structural nature essentially equivalent to existing
subdivision walls in the general area of the COUNTY Project from
Station 21030 to 285+90 (excluding the crossing of entranceways to
subdivisions and previously constructed walls that are not impacted
by the road construction pertaining to the COUNTY Project . At such
time, the CITY shall notify the COUNTY in the Notice of Intent that
it has funding sources in effect, which is not the funding deriving
from the aforementioned "Seminole County Transportation Plan
Amended Interlocal Agreement" , to fund any and all Wall Project
expenses in excess of the amount set forth in Section 2 (a) of
whatever type or nature and howsoever arising, and that the CITY
shall fund the construction of the Wall Project in the full amount
necessary in excess of the amount set forth in Section 2 (a) ;
provided, however, that, if the COUNTY does not expend the total
reappropriated sum on its efforts for design and below grade
construction of the Wall Project, the remaining amount of the
reappropriated sum will be dedicated to above grade construction of
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the Wall Project . If the CITY fails to deliver the Notice of
Intent, the COUNTY shall have no obligations relating to the CITY
with regard to COUNTY Project or the Wall Project and any and all
matters relating thereto. The COUNTY will not initiate design of
the Wall Project until it receives the Notice of Intent from the
CITY. The issuance of the Notice of Intent shall irreversibly
obligate the CITY to the terms and conditions of this Interlocal
Agreement
(d) The COUNTY agrees to keep the CITY reasonably apprised as
to it construction efforts as to the Wall Project and related
matters as the construction of the Wall Project is initiated and
proceeds . The COUNTY agrees to issue a right-of-way utilization
permit to the CITY with regard to the CITY' s continuing obligation
of maintaining the Wall Project on a perpetual basis said permit
being issued subject to all standard terms and conditions of said
type of permit .
Section 3 . Force Majeure. In the event any party hereunder
fails to satisfy a requirement imposed in a timely manner, due to
a hurricane, flood, tornado, or other Act of God or force majeure,
then said party shall not be in default hereunder.
Section 4 . Binding Effect.
(a) This Interlocal Agreement shall be binding upon and inure
to the benefit of the parties hereto and the successors in interest
transferees and assigns of the parties; provided, however, that
this Interlocal Agreement shall not be deemed to pledge the full
faith and credit of the COUNTY.
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(b) The CITY shall own the brick, mortar and concrete as well
as all related materials pertaining to, and consisting of, the wall
which results from the Wall Project, but shall not own the real
property or hold any right, title or interest in the real property
on which the wall resulting from the Wall Project is located.
(c) The CITY shall, by means of a special assessment,
perpetually be obligated for any and all maintenance costs,
expenses, fees and charges, of whatsoever type or nature relating
to or arising from the construction of the Wall Project, the
functioning of the wall resulting from the Wall Project, and the
maintenance of the Wall Project . The CITY intends to initiate a
special assessment district to provide funding as necessary for
payment of the obligations resulting from this Interlocal Agree-
ment .
Section 5 . Assignment. This Interlocal Agreement shall not
be assigned by either party without the prior written approval of
the other.
Section 6 . Public Records . The parties shall allow public
access to all documents, papers, letters or other materials which
have been made or received in conjunction with this Interlocal
Agreement subject to exceptions to public records laws as set forth
in the Florida Statutes and with records retention accomplished in
accordance with State law.
Section 7 . Notices/Designated Contact For Approval .
(a) Whenever either party desires to give notice unto the
other, notice may be sent to :
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For the COUNTY: County Engineer
520 W. Lake Mary Boulevard #200
Sanford, Florida 32773
For the CITY: City Manager
City of Winter Springs
1126 East S . R. 434
Winter Springs, Florida 32708
(b) Either of the parties may change, by written notice as
provided herein, the addresses or persons for receipt of notices .
All notices shall be effective upon receipt .
Section 8 . Indemnification.
(a) The CITY hereby agrees, to the maximum extent authorized
by law, to indemnify, save and hold the COUNTY harmless from and
against any and all costs, damages, expenses, losses, claims,
injuries, lawsuits and liabilities arising or resulting from or in
connection with the CITY' s or its officers, employees, agents,
successors' or assigns' actions or activities relating in any way
to the CITY Project and the Wall Project, and any and all claims
and actions brought by third parties resulting from or arising in
connection with said actions . The CITY also agrees to indemnify,
save and hold the COUNTY harmless from and against any and all
costs, damages, expenses, losses, claims, injuries, lawsuits and
liabilities relating in any way to the wall resulting from the Wall
Project . To the extent required by law, if specific consideration
for the indemnification provided herein is required to be given by
the COUNTY to the CITY then ONE AND NO/100 DOLLARS ($1 . 00) of the
value for the consideration set forth in this Interlocal Agreement
shall be deemed to be such specific consideration. The CITY
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acknowledges the adequacy and sufficiency- of said specific consideration.
(b) The CITY further acknowledges that the Wall Project, is
a Project of the CITY and that the CITY shall bear any and all
costs in any way relating to claims, disputes and litigation
arising or resulting from the design and construction of the Wall
Project and any and all related matters . CITY employees shall not
be deemed COUNTY employees for any reason or purpose and CITY
contractors shall not be deemed COUNTY contractors for any reason
or purpose .
Section 9 . Conflict Of Interest . The COUNTY and the CITY
agree that they will not engage in any action that would create a
conflict of interest in the performance of its obligations pursuant
to this Interlocal Agreement with the other party or which would
violate or cause others to violate the provisions of Part III,
Chapter 112 , Florida Statutes, relating to ethics in government .
Section 10 . Dispute Resolution. Any and all disputes arising
hereunder shall be attempted to be resolved through a collaborative
and mutually acceptable informal process with open discussions and
a cooperative effort . In the event that formal dispute resolution
processes become necessary, the parties recognize that such matters
will be subject to the processes and procedures set forth in the
agreement entitled "Interlocal Agreement on Mediation and Intergov-
ernmental Coordination" , dated January 24, 1995 .
Section 11. Term.
(a) This Interlocal Agreement shall become effective upon
execution by the COUNTY and the CITY.
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(b) The COUNTY' s obligation hereunder shall cease upon
construction of the Wall Project except with regard to the issuance
of a right-of-way utilization permit for maintenance by the CITY as
stated herein.
(c) The CITY' s obligations hereunder shall be perpetual .
Section 12 . Governing Law/Attorneys' Fees. This Interlocal
Agreement shall be construed and interpreted according to the laws
of the State of Florida . In the event of litigation between the
parties arising from or pertaining to this Agreement, the prevail-
ing party shall be entitled to recover from the other, reasonable
trial and appellate attorneys' fees and costs .
Section 13 . Construction Of Agreement. This Interlocal
Agreement shall not be construed more strictly against one party
than against the other merely by virtue of the fact that it may
have been prepared by counsel for one of the parties, it being
recognized that both parties, the COUNTY and the CITY, have
contributed substantially and materially to the preparation hereof .
Section 14 . Constitutional and Statutory Limitation on
Authority of the COUNTY. The terms and conditions of this
Interlocal Agreement placed upon the COUNTY are applicable only to
the extent they are within and consistent with the constitutional
and statutory limitations on the authority of the COUNTY.
Specifically, the parties acknowledge that the COUNTY is without
authority to grant or pledge a security interest in any of the
COUNTY' s revenue sources or property.
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Section 15 . Counterparts. This Interlocal 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 16 . Headings. All sections and descriptive headings
in this Interlocal Agreement are inserted for convenience only, and
shall not affect the construction or interpretation hereof .
Section 17 . Entire Agreement. This Interlocal Agreement
constitutes the entire agreement of the parties with respect to the
subject matter hereof, and may not be modified or amended except by
a written instrument equal in dignity herewith and executed by the
parties to be bound thereby.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Interlocal Agreement for the purposes herein stated on the
date first above written.
ATTEST: CITY OF WINTER SPRINGS
By:
MARGO M. HOPKINS, Clerk PAUL PARTYKA, Mayor
Approved as to form and
legal sufficiency. Date :
City Attorney
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ATTEST: BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
.(//_ _ ./. _ 0,- /'� - B :
.;!-YA ,. E MORSE RANDALL C. MORRIS, Chairman
le to the Board of /
County Commissioners of Date : /l' 7,
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Seminole County, Florida.
For the use and reliance As authorized for execution by
of Seminole County only. the Board of County Commiss-
Approved as to for and ioners at their 7/ ,
1.,ega�,ufficiency// 1997, regular meeti
p ATi
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orne , ;
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5/20/97
TRNPLNAM.WS
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