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Home My WebLink About1997 05 19 Regular Item A <:OMMISSION AGENDA IT1B:M A REGULAR X CONSENT INFORMATIONAL May 19. 1997 Meeting MGRJi j..tt//DEPT Authorization JruEQUEST: City Manager requesting the Commission to authorize the Mayor ~o sign an interlocall ~greement witln Seminole County to coordinate the design and construction of road nmjt)rovements necessary to build the Oak Forest wall, to coordinate the design and i!:~rrnstJrUction of !the wall, and to provide funding for said services and perpetual maintenance. JID1URlP'OSE: The purpose of this Agenda Item is to effectuate an interlocal agreement with the County authorizing the County to coordinate the design and construction of improvements necessary to construct the Oak Forest wall and to provide funding for these services and the perpetual maintenance of the wall, CONSIDERA. nONS: On April 14, 1997 the City Commission authorized the City Manager and Commissioner McLeod to request the County Commission to assist the City in the design and construction of the Oak: Forest wall and related road work. On April 22, 1997 the County Commission agreed to this proposal and authorized the County Attorney to prepare the attached interlocal agreement memorializing the terms of the service agreem ent. Since the County is agreeing to the wall being constructed in the County right of way it is requiring a stipulation for perpetual maintenance, FUNDING: Page 1 The agreement provides that all cost associated with the cost of the services and improvements associated with road improvements in the County right of way will be financed through the 1 cent Local Option Infrastructure Transportation Sales Tax, and that all cost associated with the construction of the wall will be funded through an assessment district or municipal source of funds, The anticipated costs are as follows: Source of Funds Road Improvements Wall Improvements Total Sales Tax Assessments Total $292,000 $292,000 $446,000 $446,000 $292,000 $446.000 $738,000 IRECOMMENIDA TION: It is recommended that the City Commission approve the attached interlocal agreement. IIMPLEMENTATION SCHEDULE: Favorable Mail Ballot/Commission Approval to Proceed Construction Begins Construction Complete July 14, 1997 March 1998 December 1999 A. Tl'ACHMENTS: 1) Interlocal Agreement 2) Commission Agenda Item C, April 14, 1997 Page 2 FPml '3Ei'l I ~ICiLE ':DJt'ITy' g,)>G'1 F'f-G IE ~'lIJ. 33l]'350::: 1'1.3, ':.1. 14 1 '3'3 -;' 83: 50AM P2 SEMINOLE COUNTY AND CITY OF WINTER SPRINGS TRANSPORTATION PLAN INTERLOCAL AGREEMENT AND AGREEMENT RELATING TO DESIGN, CONSTRUCTION AND MAINTENANCE OF WALL PROJECT THIS INTERLOCAL AGREEMEN'T is made ar..d ente2:.'ed into this day of 1997, by and b~~ween SEMINOLE COUNTY, a political subdivision of the State or ?:o~ida, whose address is Seminole County Services Building, 1101 East First Street, Sanford. Florida 32771, hereir!afte:c referred to as the II COUNTY." and the CrTY OF WINTER SPRINGS, a Florida municipal corporacion, whose address is 1126 East State Road 434. Wincer Springs, Florida 32708, hereinafter referred to as the "CITY." WIT N E SSE T H: WHEREAS I the COUNTY and the CITY a::C2 firmly committed to the development of transportation improvemen=s for the benefit of the residents of the COUNTY and the CITY a:c.d the enhancement of the quality of life or the residents of the COUNTY and the CITY; and WHEREAS.. Phase III and Phase IV of c.he Tuskawilla Road Road Improvement Program extend approximately from Station 210+30 to Sta t ion 285 + 90 and are proj ect s whic:r: are important In many respects to both the COUNTY and the CrT'!; and WHEREAS, the CITY has proposed shift~~g certain of che project costs planned for the projecc de8cri~ed as follows "Traffic Operations and Capacity Improvements (sic) To Be Designated" in the interlocal ag'reement entitled "Seminole Co~ncy Transportation Plan .i\mended Intel:'local Agreement", daced Aug1..:.3L: 30, 1996. (the project will be hereinafter referred to 3.9 -~~ !- - .'- "CITY Proj eCl:" ) and the COG~JTY has favorably evaluated that propcsal which would thereupon 1 FF'iJf'l :3Ef'l I rlCiLE f:J]U~jT' ( BCC/Cf"l Pf-O.JE ~IIJ. 330'~5~l3 May. 14 1997 09:51AM P3 allow for augmenta~ion of ~he ~uskawilla Road Phase III a~d IV Road Improvement proj ects (hel-eina:ter l'efe:'red to as the "COUNTY Projectlf) by virtue of the collaboracive 'fWall Project" (hereinaf- ter described) being incorporaced inca c~e COUNTY Project as set forth in this Interlocal Agreeme~c 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 decermined that it is desirable, beneficial and advantageous for the parties and their citizens to enter this Im:.erlocal Agr~ement and shift certain funding from the CITY Project to the a~s~ented COu~TY Project in accordance with the terms set forth here~n; and WHEREAS, chis Interlocal F-.g::eerne.:1.c provides a publ ic benef it, furthers a public purpose, serves the public interest and is consistent ....rith the provisions of Cn.3.p::.ers 125, 163 and 166, Florida Statutes, the Seminole COUI'-1:.y rtome Rule Charter, the comprehensive plans of the parties, and other applicable law, NOW, THEREFORE, In consideration of the recitals, mutual covenants, a,nd agreements he:t:"ein contained, ,?nd ocher 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 ~orm a material part of this :nterlocal Agreement upon which the parties have relied, 2 F?Cii'l :3Ei~1 I t'ICiLE (OU~lr'( B':C /G'1 PH:;~IE ~IO. 330'3'S'03 Ma~. 14 1997 09:52AM P4 Section 2. Agreement Relating To The CITY Project and the COUNTY Proj E!ct and the Wall proj ect. (a) The CITY hereby agrees that ::he sum of an amount not exceeding TWO HUNDRED NINETY-TWO THOUS.~D A1~D NO/100 DOLLARS ($292,000,00), (reappropriated 81..1rn) , which has been projected to be expended on ':he CITY proj ect shall be reappropriated to be 8xpencied on the COUNTY Proj ect f02- the purposes of wall design and below grade construction of the retaining '''1all po~-tion of the Wall Project and the CITY further covenants and agrees to make no claim, of any type or nature whatsoever, relati7e to said sum against the COUNTY or any other City wi thin the COu"NTY 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 CI~Y Project in accordance with the terms of t~e aforereferenced August 30, 1996 Serr:inole County Transportatior: Plan Amended Interlocal Agl-eement. (b) Th.:= COUNTY agrees that it will use the reappropriated sum to accomplish the design of the Wall Project below grade construc- c.ion of the Wall Project, as staced abo'le, as part of the COUNTY Project on t~e west side of Tuskawilla R~ad which wall will, in general terms of description, extend 89p:::-oximately r:!.-om 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 t:;.e CITY with draft plans, mate:::-ials and correspondence, notices of meetings, etc., relating 3 FPIJr'l ';:,Ei1 I ~ICLE ClJU~lr( E:CC/Ci"l PHmlE 1'10. 330SSCC i"1.31:J. 14 1'3'37 0'3: 521=1i"1 P5 co the design and below grade construction or the Wall Project to the extent :?racticable in accordance with the demands of the COUNTY, Upon the ultimate determination of the design or the wall Project, the COUNTY shall advise the CIT~ of such determination. (c) On or before October 31, 1997, the CITY shall issue to the COUNTY a Notice of Intent co have -ehe subj ect Wall proj ect constructed. The Wall proj ect shall cc.nsist of the design and construction of a subdivision wall, cons~stent and in conformity with all applicable codes and of a type, design and aesthetic and structural ~ature essentially equivalent to existing subdivision walls in the general area of the COUNTY P~oject from Station 21030 co 285+90 (excluding the crossing of en~ranceways to subdivisions and previously constructed walls chat ar~ 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 ehe aforementioned II seminole County Transportation Plan Amended Interlocal Agreemenc." I to fund a:1Y and a::"l Wall Project. expenses in excess of the amount set forL1 i:1. Sectior: 2 (a) of whatever type or nature and howsoever arising, and tha:: the CITY shall fund the construccion of the Wall Project in the full amount necessary in excess of the amount set forth in Section 2(a) i 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 o~ the reappropriated Bum will be dedicated to above grade construction o~ che Wall project- If the 4 FRIJfYl SEi'l I HOLE CDUt'ITY BCC/C1'l PHOt'IE r.IO, 3389583 fYla '::J. 14 1'397 09: 53RM P6 CITY fails to deliver the Notice of Inte~~, the COG~TTY shall have no obligations relating to the CITY with regard to COUNTY Project or the Wall Project and any and all matte=s relating thereto. The COUNTY lNill not initiate desig:l of the Ttlall proj eCl: until l.t receives the Notice of Intent fro~ the CITY, The issuance of the Notice of In~ent shall irreversibly obligaee the CITY to the terms and conditions of this Interlocal Agreement (d) The COUNTY agrees to keep the CITY reasonably apprised as to it const::-uction efforts as to the Hall Proj ect and :t-elated matters as the construction of the Wall ?roject is initiated a~d proceeds. The COUNTY agrees to issue a right-of-way utilization permit to th~ CITY with regard to the CITY's continuing obligation of maintaini~g 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 sat~sfy a requirement imposed i~ a timely manner, due to a hurricane, flood, tornado, or ocher Ace of God or force majeure, then said party shall not be in default hereunder. Section 4. Binding Effect. (a) This Interlocal Agreemer;,t 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 ~ot be deemed to pledge the full faith and crE:dit of the COUNTY, FRiJI'l '3Ei'1 I t IDLE COU~IT'( BeC/CM FHOt'IE ~IIJ. 3309503 t"la'::J. 14 1'397 09: 53AM P7 (b) The CITY shall own the b~ick, mo~ta~ and concrete as well as all rela~ed materials per:aining 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 inc=rest in the real property on which the wall resulting from the Wall Project is located. (c) The CITY shall, by means or 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 or the Wall proj eet., 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 pa::;m.ent of I:he obligations resulting f2:'om this Interlocal Agree- ment. Section 5. Assignment. This Inte.::-local Agreement shall not be assigned by either party without the prior written approval of the other. See tion. 6. Public Records. The parties shall allow public letters or other materials which access to all documents, papers, have been m,;tde or received in conju:1.c::.ion witi1 this Interlacal Agreement su,bj ect to exceptions to publ ic rl3cords laws as set fort:h in th~ Florida Statutes and with records retention accomplished in accordance with State law. Section 7. Notices/Designated Contact For Approval. (a) Whenever either party desires co give notice unto the other, notice may be sent to: :5 Fr:'Oi'l '3Efvl I ~IJ]LE CCIU~ITY 130> 0'1 PHmlE 1'10. 330'3~03 Ma~. 14 1997 09:54AM P8 cor the COUNTY: Counc:.y Engineer 520 W. Lake Mary Boulevard #200 Sanford, Florida 32773 For the CITY: City f';Ianager City of Wincer Spri~gs 1126 East S. R. 434 Winter Springs, F~o~ida 32708 (b) Either of the parties may ct.a~ge, by written notice as provided herein, the addresses Or perSO~3 foy receipt of notices. All notices shall be effective uoon r~ceipt. Section 8. Indemnification. (a) The CITY hereby agrees, to the max~mum extent authorized by law, to i.ndemnify, save and hold the COUNTY harmless from and against aLlY and all costs, damages, expenses, losses, claims, injuries, la'wsuits and liabilities arising or resulting from Or in connection "",ith the CITY's or it.s officers, employees, agents, successors' or assigns' actions or activities relating in any way to the CITY Project and the Wal~ Projecc, and any and all claims and actions brought by third parties resulting from or arising in connection with said actions, The CITY ~lso agrees to indemnify, save and hold the COUNTY harmless frorr, and against any and all costs, damages, expenses, losses, claims, injuries, la'';/sui ts and liabilities ~elacing in any way to the wall resulting from the Wall Project.. To the extent requi~ed by law, ~f specific consideration for the indemnification provided herein is required to be given by the COUNTY t.() the CITY then ONE AND NO/lOa DOLLARS ($1.00) of the value for thE~ consideration set ::orth in this Int.erlocal .Z\greement shall be del~med to be such s:;,ecific considerat ion, The CITY ~ , FPCf'I SEi., I ~IOLE COIj~jTy' :3CC/r:J'1 PHO~IE HO. 3309503 1"1.3. ':J. 14 1 997 09: 55 AM pc. ack..'1.owle:dges tile adequacy and suffi~i~r!.cy 0: said specific co:::.s iderat ion . (b) The CITY further acknolN'ledges that the wall proj eet I is a Project of the CITY and thac the CI~~ shall bear any and all cost.s in any way relating t.o claims, disputes and litigation arising or ]~esulting from the d~sign anj construction of the Wall Project and any and all related ~atters. CITY employees shall not be deemed COUNTY employees for any reasOn or PU1:pose 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 ar!.Y action that would create a conflict of interest in the performance of its obligations pursuant to this Interlocal Agreement wit.h the other party or which would violate or cause others to violate the p.l::ovisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. Section 10. Dispute Resolution. ."-...-:..y and all disputes arising hereunder shall be attempted to be resol'lad through a collaborative and mutually acceptable informal process with ope~ discussions and a cooperative effort. In th~ eV8~t t~a~ formal dispute resolution processes become necessary, the parties recognize that such matters will be subject to the processes and p::-ocedures set forth in the agreement:. entitled" Inte:r:'local Agreemen': cn P'lediation and Incergov- er'nrnental Coordination", dated January 24, 1995. Section 11. Term. (a) This Interloca1 Agree:nent s::al1 become effective: upon execution by the COUNTY and th-;: '2I'I'Y. 8 FFIJI'I '::,El'l r ~IC:LE CIJU~.lr( Bcc/cn F'HIJ~IE ~IO. 330'35LZ13 Ma~. 14 1997 09:55AM P (b) The COmITY I s obI igat i.on her-:'~ndeY shall cease upon construction of che Wall Projecc except with regard to the issuance of a right-ai-way utilization permit for maintenance by the CITY as stated herein. ecl The CITY's obligations hereu~der shall be perpetual. Section 12. Governing Law/Attorneys' Fees. This Interlocal Agreement ~;hall be construed and interp::::'eced according to the laws of the State of Florida, In the event of litigation between the parties ari.sing 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. Secticln 13. Construction Of Agreement. This Interlocal Agreement sihall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been ?repared by counsel for one of the parties, it being recognized that both parties, the COli"NTY and the CITY, have contributed substantially and materially ::'0 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 COu~ITY are applicable only to the excent they are within and consiste~t with the constitutional and statutory limitations O~ the auchority of the COUNTY. Specifically, the parties acknowledge L~at the COUNTY is without authority to grant or pledge a security interest in any of the COUNTY I S revenue sources 01' property. 9 FPiJi'l ':;EI'1 [1'liJLE CiJU~ITY B'::C/CI'1 PHiJl'IE t'IO. 338'3'3123 Ma~. 14 1997 09:56AM F Section 15. Counterparts. This In~erlocal Ag~eement may be executed in any number of counterpar::.s each of which, when executed and delivered, shall be an original, but all counc.erparts shall together c~nstitute ODe and the same instrument, Section 16. Headings. All secti0DS and descriptive headings in this Interlocal Ag:t-eement are inse:c::~d for convenience only, and shall not affect the construction or interpretation hereof. See tion J. 7. Entire Agreement, This Int.erlocal Agreement constitutes the entire agreeme~c or che parties with respect to the subject matter hereof, and may not be nodified or amended except by a written instrument equal in dignity ~erewith and executed by the parties to b2 bound thereby. IN WITNESS WHEREOF, the p:;:;,rt les ::-_~reto have r.lade cmd executed this rnterlocal Agreement for the P\.:.~?oses he:t-ein stated on the dace first above writt~n. l\TTEST: c=~y OF WINTSR SP~INGS By; j';]j\...RGO M. HOPKIN.3, Clerk ?~~L PARTYKA, Mayor Approved ~l9 to form and legal sufficiency. :)ate: City Attorney ATTEST: 3eARD OF COUNTY COrvlMISSIONERS SS;''1INOLE counTY, FLORIDA fVli;,RYANNE HORSE Clerk to the Board of County Commissioners of Seminole County, Florida. By: Ku~DALL c. MORRIS, Chairman :Jat.e: 10 FP(]'I '.:.Ei'1 [i liTE ,~[lUtlr,.. BCe/cr'l PH[I~ IE t IiJ. For the use and reliance of Seminole County only, Approved as to form and legal sufficiency. Count:.y Attorney LG/jrw 5/12/97 l' ~ \ ::SERS\ ,:..),.J'i~(..': \A;;T\ T~r;?Lt:.~J'1. i;~ 330'3::~j3 Ma~. 14 1997 09:56~M P12 As auc~~~:=2d for execution by ~he 2o;.~-:i ?f, COlmty Commiss- loners 3.: \:nelr 1997, reS~lar meeting. 11 FROM : SEl'l I t'-IOLE COUNTY BCC/CM PHOt'-IE NO. 3309503 Apr. 18 1997 07:22AM P3 CiOMMISSION AGENDA AD:O ON REGuLAR CONSENT X INFOR.J.\1A TrONAL ITE:M C April 14 1997 Meeting 'MARt2t.JMlDEPT Authorization REQUEST: City Manager ~e!questjng the City Commission to authorize the expenditure of 1 % Infrastructure Sales Tax Funds to fund improvements to Tuskawilla Road to facilitate the construction of the Oak Forest Subdivision 'WaIl financed by residents of Oa,k Forest through a proposed non llldlvalorem assessment district and to authorize Commissioner l\-IcLeod and the City lVIanagel' to present the request to the County Commission at its April 22, 1997 Commission Meeting. PURPOSE: The purpose of this Agenda Item is to have the Commission 1) to approve the expenditure of $292,000 of the City's portion of the Local Option Infrastructure Transportation Improvements Sales Tax for modifications to the Tuskawilla Road Improvement Project needed to facilitate the construction of the Oak Forest wall in the road right of way, and 2) to authorize Commissioner McLeod and the City Manager to appear before the April 22, 1997 meeting of the County Commission to request formal approval of the County Commission to construct the wall in the road right of way, and to .:l.llocate sales tax revenues to finance the modifications to the road right of way needed to facilitate the wall construction in the right of way, CONSIDERA nONS: The residents of Oak Forest Subdivision desire to construct a wall to reduce the impact on their neighborhood resulting from the widening and other improvements to Tuskawilla Road. To make this project feasible, the City Commission authorized Commissioner McLeod and the City Manager to explore with the County two issues: 1) The use of county road right of way upon which to construct the wall, and 2) Alternative ~:neans of financing the project. Page 1 FROM SEMINOLE COUNTY BCC/CM PHONE NO. 3309503 Apr. 18 1997 07:23AM P4 Based upon discussions to date with County staff and Commissioner's Morris and Maloy, construction of the wall in the right of way is possible, and funding of the moditica6ons to Tuskawilla Rod improvements to accommodate the wall can be funded from the City's allocation of 1% Local Option Infrastructure Sales Tax Transportation revenues, Under this scenario the Wall would be financed by the residents through the proposed Oak Forest Assessment District and the modification to the road right of way from the sales tax. In order to proceed, the full County Commission will need to approve construction of the wall in the road right of way and the allocation of$292,000 of the City's portion of 1 % Infrastructure Sales Tax Transportation revenues to pay for modifications to Tuskawil1a Road improvements. FU~NnING: Modifications to Tuskawilla Road improvements will cost an estimated $292,000, As stated these costs can be financl~d from the City's share of the 1 % Infrastructure Sales Tax Transportation Improvements Revenues as follows: Current Sales Ta..x AllocatiofJ Revised Sales Tax ALLocation Unspecified City PrCljects TuskawilIa Road Modifications $1,800,000 -&: $1,800,000 $1,508,000 222.000 $1,800,000 RECOlVL\tIENDA nON: 1) The City Commission approve the allocation of $292,000 of its share of 1 % Infrastructure Sales Ta..'( Transportation Improvement Revenues to finance modifications to Tuskawilla 2) The City Commission authorize Commissioner McLeod and the City Manager to appear before the April 22, 1997 meeting of the County Commission to formally request the County Commission i:O: a) Permit the construction of the Oak Forest Wall in the Tuskawil1a Road right of way, and b) To approve the allocation of $292,000 the City's share of the 1% Local Option InJrastructure Transportation Improvements Sales Tax Revenues to finance the modification to Tuskawilla Road Improvements needed to facilitate construction of the w2,1l in the road right of way. 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