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Home My WebLink About2002 05 13 Consent B Interlocal Agreement Relating to Spring Avenue ., COMMISSION AGENDA ITEM B CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR , May 13,2002 Meeting MGR~DEPT J~ Authorization REQUEST: Public Works Department Recommending the City Commission approve the Interlocal Agreement Relating to Spring Avenue. PURPOSE: The purpose of this Board item is to request that the City Commission approve the Interlocal Agreement between Seminole County and the City of Winter Springs Relating to Spring Avenue Paving and Maintenance. CONSIDERA nONS: This agenda item is needed for Seminole County to pave and maintain that portion of Spring Avenue in the City to benefit unincorporated residents until such time as adjacent development occurs and the road is built to urban standards. The City Commission had previously requested that staff work with the County to discuss interim improvements to Spring Avenue. Staff's position during discussions with the County was that using City funds for interim improvements that solely benefit unincorporated residents was not prudent. Due to numerous complaints from County residents and the County's acquisition of Hiley's Fish Camp at the end of Spring Avenue, the County desires to improve Spring Avenue in advance of development. This Interlocal Agreement provides for the County to pave and maintain Spring Avenue until adjacent development occurs. The City retains regulatory jurisdiction over that portion of Spring Avenue in the City. FUNDING: No funding is needed. 121001 Consent E Spring Avenue . "I May 13,2002 Consent Agenda Item B Page 2 1M!! ----- I edlllll II. 11 Il...:.. ...J~,u';._'_":~1 I r \ LJ..t-- I'- u RECOMMENDATION: It is recommended that the City Commission approve the lnterlocal Agreement between Seminole County and the City of Winter Springs Relating to Spring Avenue Paving and Maintenance. ATTACHMENTS: I. lnterlocal Agreement between Seminole county and the City of Winter Springs Relating To Spring Avenue Paving and Maintenance COMMISSION ACTION: 12100 I Consent E Spring AValUC '1.. .', A TT ACHMENT NO. 1 INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS RELATING TO SPRING AVENUE PAVING AND MAINTENANCE THIS AGREEMENT, entered into this day of , 2002, 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, (hereafter 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, (hereafter referred to as the "CITY"). WIT N E SSE T H: WHEREAS, the parties have the common power to construct and maintain roads within their geographical jurisdictions; and WHEREAS, Spring Avenue from SR 434 to the City limits (hereafter referred to as "Spring Avenue") is an unpaved CITY street; and WHEREAS, the COUNTY finds and determines that there is a public purpose in paving Spring Avenue with CqUNTY funds; and WHEREAS, the CITY is willing to allow the COUNTY to pave and maintain Spring Avenue. NOW THEREFORE, in consideration of the premises herein, the parties hereby agree as follows: Section 1. Recitals. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. Section 2. Purpose. The purpose of this Agreement is to authorize the COUNTY to pave and maintain Spring Avenue. 1 , Section 3. COUNTY Responsibilities. The COUNTY shalf, using COUNTY funds, pave that portion of Spring Avenue specified in the Whereas clauses of this agreement. The COUNTY shall undertake the paving with reasonable dispatch subsequent to the execution of this agreement and shall use its best efforts to complete the paving within the first year thereafter. Subsequent to paving the roadway the COUNTY shall maintain the paved portion thereof until termination of this agreement. In no event shall the COUNTY have any financial responsibilities to the CITY as a result of this agreement. Section 4. CITY Responsibilities. The CITY hereby permits the COUNTY to enter upon and use the right-of-way for Spring Avenue for the purposes specified in this agreement. The CITY shall continue to exercise regulatory jurisdiction over Spring Avenue, including the right to approve development of adjacent properties and to require reconstruction and relocation of the roadway as part of the development process. The COUNTY shall not be responsible for the reconstruction" relocation or maintenance of any portion of the roadway that i:;; subject to development order(s) issued and approved by the CITY. Section 5. Other Agreements. The parties agree to execute such instruments and documents as may 0 be required to effectuate this Agreement. Section 6. Employee Status. Persons employed by the CITY in the performance of services and functions pursuant to this Agreement shall not be deemed to be the employees or agents of the COUNTY, nor shall they have any claims to pensions, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY's officers and employees either by operation of law or by the COUNTY. Persons employed by the COUNTY in the .r-. 2 y " - -.-----4~~:........',1..,. . . . . \ \ performance of services and functions pursuant to this Agreement shall not be deemed to be the employees or agents of the CITY, nor shall they have any claims to pensions, worker's compensation, unemployment compensatioh, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. Section 7. Indemnification. Neither party to this Agreement, its officers, t' employees or agents shall be deemed to assume any liability for the acts, omissions or negligence of the other party, its officers, employee or agents, except as provided by this Agreement. Section 8. Termination. Either party may tenninate this agreement upon thirty (30) days written notice. Upon lennination of this agreement the COUNTY shall have no further obligation to maintain any portion of Spring Avenue covered by this agreement. Section 9. Notices. (a) Whenever either party desires to give '1otice to the other party, notice may be sent to: For the COUNTY: Gary Johnson, P.E., Public Works Director 520 West Lake Mary Boulevard Reflections Plaza Suite 200 Sanford, FL 32773 For the CITY: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 3 ?~~~~ " ;:. ~~'- .~ " -.' .. .~- -~ i;;I[~~:~ !ilIW~ iiiC'. ) ;;[:,./ It! .....".'1 ';'im!,i~l. . '<: '", ~"' ~ .~w... - y" (b) Either of parties may change, by written notice as provided herein, the" addresses or persons for receipt of notices. Each such notice shall be deemed delivered on the date delivered if by personal delivery or on the date of transmission if by facsimile, or on the date upon which the return receipt is signed or delivery is refused or notice is designated by the postal authorities as not deliverable, as the case may be, if mailed or date of delivery by overnight delivery services as evidenced by a service Section 10. Counterparts. This Agreement may be executed in any number of i i j i ;/ 1/ receipt. counterparts each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. Section 11. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and neither this Agreement nor any portion of it may not be altered, modified, waived, deleted or ame,!ded except by a written instrument equal in dignity herewith and executed by the parties to be bound thereby. This Agreement supercedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement, as well as any previous agreements in effect between the parties relating to the subject matter of this Agreement. Section 12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the parties. Section 13. Public Records. The parties shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, which have been made or received in conjunction with this Agreement. )r: 4 ,'J"jr .'-"' .. Section 14. Conflict of Interest. Both parties agree that they will not com~it \ any act in the performance of its obligations pursuant to this Agreement that would create a conflict of interest, as defined by Chapter 112, Florida Statutes. Section 15. Effective Date. This Agreement shall take effect on the date that it is executed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have made and execut~d this Agreement on the date first written. ATTEST: ANDREA LORENZO LUACES, City Clerk For the use and reliance of the City of Winter Springs only. Approved as to form and legal sufficiency. City Attorney ATTEST: MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. For the use and reliance of Seminole County only. Ap- proved as to fonn and legal sufficiency. County Attorney 04 \9\02 P:IUserslCasIO l\AgreementslWinlef Springs Inlerlocal (~ng Avenue).doc CITY OF WINTER SPRINGS By: PAUL PARTYKA, Mayor Date: As authorized for execution by the City Com- mission at its , 2002 regular meeting. BOARD .OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: DARYL G. MCLAIN, Chainnan Date: As authorized for execution by the Board of County Commissioners at its 2002 regular meeting. 5 ,. INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS RELATING TO SPRING AVENUE PAVING AND MAINTENANCE THIS AGREEMENT, entered into this /0 day of tdu#-e-, 2002, 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, (hereafter 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, (hereafter referred to as the "CITY"). WIT N E SSE T H: WHEREAS, the parties have the common power to construct and maintain roads within their geographical jurisdictions; and WHEREAS, Spring Avenue from SR 434 to the City limits (hereafter referred to as "Spring Avenue") is an unpaved CITY street; and WHEREAS, the COUNTY finds and determines that there is a public purpose in paving Spring Avenue with COUNTY funds; and WHEREAS, the CITY is willing to allow the COUNTY to pave and maintain Spring Avenue. NOW THEREFORE, in consideration of the premises herein, the parties hereby agree as follows: Section 1. Recitals. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. Section 2. Purpose. The purpose of this Agreement is to authorize the COUNTY to pave and maintain Spring Avenue. CERTIFIED COpy MARYANNE MORSE CLERK OF CIRCUIT COURT SEMINOLE COUNTY. FLORIDA BY S'. ~~jlLt flu A\,(J\ ~ 1 P/( 2K3 rGt In. / " ' t. .'.' ..... Section 3. COUNTY Responsibilities. The COUNTY shall, using COUNTY funds, pave that portion of Spring Avenue specified in the Whereas clauses of this agreement. The COUNTY shall undertake the paving with reasonable dispatch subsequent to the execution of this agreement and shall use its best efforts to complete the paving within the first year thereafter. Subsequent to paving the roadway the COUNTY shall maintain the paved portion thereof until termination of this agreement. In no event shall the COUNTY have any financial responsibilities to the CITY as a result of this agreement. Section 4. CITY Responsibilities. The CITY hereby permits the COUNTY to enter upon and use the right-of-way for Spring Avenue for the purposes specified in this agreement. The CITY shall continue to exercise regulatory jurisdiction over Spring Avenue, including the right to approve development of adjacent properties and to require recor:lstruction and relocation -of the roadway as part .of the development process. The COUNTY shall not be responsible for the reconstruction, relocation or maintenance of any portion of the roadway that i~ subject to development order(s) issued and approved by the CITY. Section 5. Other Agreements. The parties agree to execute such instruments and documents as may be required to effectuate this Agreement. Section 6. Employee Status. Persons employed by the CITY in the performance of services and functions pursuant to this Agreement shall not be deemed to be the employees or agents of the COUNTY, nor shall they have any claims to pensions, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY's officers and employees either by operation of law or by the COUNTY. Persons employed by the COUNTY in the 2 T3K- 2~3 PGz 7~1" ~ " performance of services and functions pursuant to this Agreement shall not be deemed to be the employees or agents of the CITY, nor shall they have any claims to pensions, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. Section 7. Indemnification. Neither party to this Agreement, its officers, employees or agents shall be deemed to assume any liability for the acts, omissions or negligence of the other party, its officers, employee or agents, except as provided by this Agreement. Section 8. Termination. Either party may terminate this agreement upon thirty (30) days written notice. Upon termination of this agreement the COUNTY shall have no further obligation to maintain any portion of Spring Avenue covered by this agreement. Section 9. Notices. (a) Whenever either party desires to give n,otice to the other party, notice may be sent to: For the COUNTY: Gary Johnson, P.E., Public Works Director 520 West Lake Mary Boulevard Reflections Plaza Suite 200 Sanford, FL 32773 " For the CITY: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 3 B/C J./63 pc;, 7~~3 -, I , ., (b) Either of parties may change, by written notice as provided herein, the addresses or persons for receipt of notices. Each such notice shall be deemed delivered on the date delivered if by personal delivery or on the date of transmission if by facsimile, or on the date upon which the return receipt is signed or delivery is refused or notice is designated by the postal authorities as not deliverable, as the case may be, if mailed or date of delivery by overnight delivery services as evidenced by a service receipt. Section 10. Counterparts. This 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 11. Entire Agreement. This Agreement constitutes the entire , agreement of the parties with respect to the subject matter hereof, and neither this Agreement nor any portion of it may not be altered, modified, waived, deleted or amended except by a written instrument equal in dignity herewith and executed by the parties to be bound thereby. This Agreement sUp'ercedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement, as well as any previous agreements in effect between the parties relating to the subject matter of this Agreement. Section 12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the parties. Section 13. Public Records. The parties shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, which have been made or received in conjunction with this Agreement. 4 [?i:- 2f3 fG 7~' Y ,.. Section 14. Conflict of Interest. Both parties agree that they will not commit any act in the performance of its obligations pursuant to this Agreement that would create a conflict of interest, as defined by Chapter 112, Florida Statutes. Section 15. Effective Date. This Agreement shall take effect on the date that it is executed by both parties hereto. Agreement on the date first written. 1, ATTEST: !~ i:_..__ r---'''<~'''''- ANDREA L<D ENZO LUACES, City Clerf</t /' . .....''''''-,''''''\.\\.-. made__-alid ~e.9U!t~d this 0''';- ' .' . . . , . ',. . ": .f ;"7"' -::~ .... .. ~"I :/~~. . <~v\) <r~ '. ":' ~~~ G'> .- IN WITNESS WHEREOF, the parties hereto have ~ '~\~,., . '::':j .'. ' MAY 13, 2002 ',,:. ,,,;.". Date: For the use and reliance of the City of W~ r Springs only. Approved ~ for . .:~~~egaISUffiCienCy City. eJtOU1.~' ' . " . J... ........ j t-~EST: (' 0 ~ · . " , I). · i"{O: ,\- If ;'1 .. :, , r.. ,&) ~ , 't .If ,'1 \~Nt:,:.' E ~~J~,!{"'" .,(r,.,f,~.l':',.c"'t:..,.,,.," \'::cCIaJ. ~t~~~8~r~~o.t' f ; ~... , OUpJY~i;.~-vri1mlssloriers 0 ." . ~""'~""""""'_ ~ ~ '1.," 'I Seminole, County., Florida. . . ~' ',: ';1 As authorized for execution by the City Com- mission at its MAY 13 I 2002 regular meeting. BOARD .OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA y:WY DARYL G. MCLAIN, Chairman Date: n/'. i~ ( 0 02-6o;u ~ ) For the use and,reliance of Seminole Cou'nty only. Ap- proved as to form and legal sufficiency. ~ County Attorney As authorized for execution qy; the Board of County Commissioners at its Y'- 2.3- 2002 regular meeting. 04\9\02 P:IUserslCasl01lAgreemenlslWinter Springs Inle~ocal (SpOng Avenue),doc 5 (!; Ie ~f'3 ? 6 7 ffJ- :5 I