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Home My WebLink About2002 06 10 Regular A Conceptual Development Plan for U.S. 17-92 and Nursery Road COMMISSION AGENDA June 10. 2002 Meeting Consent Information Public Hearine Reeular X Il'EM A MGR,~ /Deptl_ REQUEST: Community Development Department requesting Commission consider and approve a conceptual development plan for a 7.561-acre tract at the northeast comer of the intersection of U.S. 17 - 92 and Nursery Road, as a prerequisite to the Future Land Use amendment, rezoning, and development agreement. PURPOSE: The purpose of this Agenda Item is to request that the Commission approve a conceptual development plan addressing issues and concerns pertinent to amending the Future Land Use (FLU) map, rezoning, and approving a development agreement for the 7,561-acre tract at the northeast comer of the .' intersection of U.S. 17 - 92 and Nursery Road, A consensus on these issues should ensure that any major controversies associated with the future development of the site have been or are being or will be adequately addressed, A consensus on these issues will allow staff to bring the FLU map amendment, rezoning, and development agreement to the next regularly scheduled City Commission meeting. A full site plan approval is required before phase II of the project may be permitted or commence construction, APPLICABLE LAW: Chapter 163, Florida Statutes, Chapter 166, Florida Statutes. Chapter 9, City Code. June 10, 2002 Regular Item A Page 2 of2 FINDINGS: 1, The proposed development agreement, FLU amendment, and rezoning are consistent with the City's Comprehensive Plan and Code of Ordinances, 2, The development concept provides for reasonable use ofthe subject property, while addressing issues and concerns pertinent to the present and future use of the site, 3. The City is amending the C-2 zoning district to restrict the permissible uses, CONSIDERATIONS: Staff has attended meetings with both the applicant and area residents. Mr. Reece states that he has attended 12 meetings with area residents. Staff believes that the combination of rezoning and development agreement, in combination with the City taking over responsibility for Nursery Road and amending the C-2 zoning district regulations provide adequate assurances that rezoning the subject 7,561-acre tract to C-2 will not create or worsen the negative impact upon the nearby residences - and, in fact, will lessen the negative impact. The FLU amendment, rezoning, and development agreement were deferred by the City Commission on February 11, 2002, on February 25,2002, and again on March 11,2002, RECOMMENDATION: Staff recommends that the City Commission approve the attached conceptual development plan, which addresses future development phasing, traffic, parking, and buffering, ATTACHMENTS: A Conceptual Development Plan B Minutes of the March 11, 2002, City Commission meeting. C Un-executed copy of an inter-local agreement between the City and Seminole County relating to road transfers, COMMISSION ACTION: 2 '.'.::~~.. ~'"4:'" . '. -.'. : .(.~.~ . . . .. , ~ = ATTACHMENT A N o >-+> N ..... ...~~:..~ I ~~.,..""..- .... ~;"::'~~;::'~::~t:;;;"';::O~'"l"-'-l~"_"""~~'_~_. . _. '/- ~ fi",,::::~t;J", . ~"",-".,~~.:>i:A:;,o..",t ~ t\ ' d:' I I .. I".:a ' !.. II.; -.J - I ~~ I! "! ., ~ i ,)"] I ",. I ,0, -..~: .~. lnql11il\,!,II\1LL:1~~. 1" i H-,;:-.-' .\ 1: ~. ~1 II :JJ..l.l."'.~-'.~=..:;'._.."" ,., I' OM__.. .....-\.. 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".. ...\/e; .', f4 "'I IL , ".. ~ '.'i .....,.... ~ ... ...,... \ 'r....~. :hv.,. ,_~~.:" . <... ~~ , " -.- - ~ <, ~ I ~ " \ ~ '.'~ ~ '~~<; ~\~ n;r"-ml'.~:qI7..\:!'::~rtJ:r....(.z;~..IJ' ' ~ ~~ l,i:l ~ ~ 1\ ',\ It '~ ~ ~ u j-!. .. " >; ~ i ~ e . ~ ~ ~~ ~ H " I (i I\! "d o t') ~ ..~.. "d ~ '" .,: ~ . t . U\ :x: fT1 fT1 -i Z a "'" RICHARD ),I, LABINSKY, P,lll.,INC, Con.ult.ln. Bln.ln..rln. S.r"lo. - J:D~00070811 lOB II...:.: Drl... Lon.wood. P'lorl4a 511.,.,0 Ph. (407) 78B~BaB'1/rAX (40.,) .,00.00150 PHIL REmCE C/O Ro..r AU.n L.l b.n . A..oolat... aloo ~~.:.:::~:~;:I:~c:t 1~"8~"~t... aoo Pb. (.0.,) "08-7&"& NSSCSPNOPSN7'Y t 0120/00 200!ll0 """"" PBii'.l.fN.fHABY S.f7'& P.lAH PHASii' .f.f COHS7'Bl/C7'.fOH R,U.L, an CCMIDn'S 111IO l' . 40' ""''''' DtseRPT'Ot ATTACHMENT B CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11. 2002 PAGE 9 OF 28 COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. A cake was presented to Commissioner Martinez in honor of his Birthday. Mayor Partyka called a Break at 8:05 p.m. Mayor Partyka reconvened the Meeting at 8:26 p.m. Mayor Partyka said, "I have got three (3) here for 'Public Input' - Charles Cordero, Pam Cordero, and Maryann Avery - that's in terms of the Parks. We've already handled that issue, so we'll just put that as part of the record." Commissioner Blake returned to the Commission Chambers at 8:27 p.m. .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED IN THE ORDER AS DOCUMENTED. .:. .:. V. PUBLIC HEARINGS PUBLIC HEARINGS C. Community Development Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM) Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling 7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. Commissioner Blake stated, "I am very surprised to see this back on the Agenda in its exact original form, I think, as it was the last time we passed over it. I think the only hope at this point is for us to 'Table' this at this point in time and have Staff bring it back to us as we have already stated, I believe as a Commission we desire it to be brought back. I will disclose that I did have a conversation with the property owner and the applicant shortly after our last Meeting and we discussed a method by which he could place a Land Use and Zoning classifications on that property that works for everybody." Manager McLemore explained that "We're proposing that we clean up your Zoning Ordinance and take Industrial uses out of the C-2, fix the 'Commercial' and 'Industrial' permitted uses in your Ordinance and then come back at a later date, as soon as this goes CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 10 OF 28 through the Planning Commission and processes through, and then apply the appropriate Zoning with an appropriate zone, which we do not have at this point in time." Commissioner Blake said, "Point of Order " and commented on the Motion. Mayor Partyka summarized the Motion on the floor - "Read this by 'Title' only, that's the Motion right now." VOTE: DEPUTY MAYOR GENNELL: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. Commissioner Blake stated, "Point of Order" and spoke on legal procedures associated with this Agenda Item "MAYOR, I AM GOING TO MAKE THE MOTION THAT WE MOVE DISCUSSION OlF THIS ITEM, THAT BEING ORDINANCE 2002-01 FOR DISCUSSION PURPOSES ONLY TO THE REGULAR AGENDA." COMMISSIONER BLAKE REITERATED HIS MOTION AS, "MY MOTION WAS TO MOVE CONSIDERATION OF ORDINANCE 2002-01 AND ITS DISCUSSION TO A REGULAR AGENDA ITEM." MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE FURTHER CLARIFIED HIS MOTION AS, "MAYOR, MY MOTION IS TO NOT READ THIS ORDINANCE AND TO MOVE IT TO THE REGULAR AGENDA FOR FURTHER DISCUSSION." SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MARTINEZ ADDED, "WE NEED A P ARLIMENT ARIAN HERE." VOTE: COMMISSIONER MILLER: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: A YlE MOTION CARRIED. PUBLIC HEARINGS D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2002-02 To Rezone A 7.S61-Acre Tract, Located On Nursery Road On CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH II, 2002 PAGE 11 OF 28 The East Side Of U.S. 17-92, ]From (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-2 "One And Two Family Dwelling", And R- I-A "Single Family Dwelling" District To (City) C-2 "Commercial & Industrial." "MAYOR, I WOULD MAKE THE SAME MOTION FOR PUBLIC HEARINGS ITEM 'D,' THAT'S ORDINANCE 2002-02, WHICH IS THE SAME QUESTION ONLY DEALING WITH THE ZONING ISSUE ON THE SAME PARCEL." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: NAY MOTION CARRIED. Mayor Partyka stated, "What we are doing is now discussing 'c' and 'D.' We will allow some input from the public, and then after that we are going to go into Regular Item 'A,' which is the Development Agreement." Further, Mayor Partyka explained, "We moved all three (3) items to this time, so we could handle all the people - so we are going to handle this right now, just as under the Regular Agenda." .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE DISCUSSED NEXT UNDER THE REGULAR AGENDA, AS DOCUMENTED. .:. .:. VI. REGULAR (FORMERLY PUBLIC HEARINGS AGENDA ITEM "C") Community DeveDopment Department Requests The City Commission Conduct A Public Hearing For The First Reading Of Ordinance 2002-01 That Would Assign A Future Land Use Map (FLUM) Designation Of (City Of Winter Springs) "Commercial" To The Properties Totaling 7.561 Acres, Located North And South Of Nursery Road And Adjacent To U.S. Highway 17/92. (FORMERLY PUBLIC HEARINGS AGENDA ITEM "0") Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2002-02 To Rezone A 7.561-Acre Tract, Located On Nursery Road On The East Side Of U.S. 17-92, From (County) C-2 "Retail Commercial", c-3 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11, 2002 PAGE 12 OF 28 "General Commercial & Wholesale", R-2 "One And Two Family Dwelling", And R- I-A "Single Family Dwelling" District To (City) C-2 "Commercial & Industrial." (FORMERLY REGULAR AGENDA ITEM "A") Community Development Department Requesting Commission Consider And Approve A Development Agreement For A 7.561-Acre Tract At The Northeast Corner Of The Intersection Of U.S. 17-92 And Nursery Road. Manager McLemore spoke briefly on the Zoning classifications; and then Mr. Charles Carrington, AICP, Community Development Department Director gave a historical perspective on the properties in question. With further discussion, Manager McLemore stated that "There are extreme site conditions that have got to be a part of this solution. Simply zoning the property is not going to solve the problem." Further comments were made by Mr. Carrington. Mr. Phil Reece, 681 Virginia Drive, Winter Park, Florida: addressed the Commission and stated, "My suggestion would be that the property that is - currently being used as 'Commercial' including the duplexes which are non-conforming in that area, - from there west to 17-92 be your Zoning of C-2. The property to the rear - 'Residential.' I guess you call it R-3, I'm not totally familiar with that density - 'High Density Residential' - and the property across the street, the same way; and I don't see, you know that that would cause me any great heartaches and I could still eliminate the parking problem that I've got up there, because I could at that point utilize some of that R-3 or R- T or whatever you call it as a parking area. So, the only thing that would be developed in the back is 'Residential Multi-Family' or duplex or something on that order. I guess that again has to go through your Planning Department and whatever traffic it generates it has to take care of that or it can't be developed, or make it into a park or give it to a church or do something with it." Mayor Partyka said to Mr. Reece, "But, conceptually it sounds like you are agreeing with what the things are being said right now." Mr. Reece stated, "Conceptually, I am agreeing with that, yes." For clarification purposes, Mr. Reece pointed out to the City Commission the property he was speaking about. Tape 2/Side B With discussion on the parking situation, Mr. Reece stated, "I along with the tenants have created a problem that needs to be corrected." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH II, 2002 PAGE 13 OF 28 Mr. Rick Labinsky: as an engineer working for Mr. Reece, addressed the Commission on parking issues and the duplex concept. Manager McLemore said to Mr. Reece, "If you developed a multi-family arrangement back there, you would need parking to accommodate multi-family, then also parking to accommodate really what is off-site parking for the commercial area, right?" Mr. Reece responded, "I don't need off-site parking. I've got more than adequate parking." Manager McLemore then said to Mr. Reece, "And the front end of your recommendation - the front would be C-2?" Mr. Reece stated, "Yes, sir." Manager McLemore then stated, "Is it the Commission's desire for that to be inclusive of the current industrial uses?" Commissioner Blake stated, "As revised." Mayor Partyka added, "I believe the comment made by Mr. Carrington was that they're talking about a revised C-2 Zoning that is going to he - developed shortly for this Commission to ultimately make that decision." Manager McLemore stated, "Correct." Further discussion. Commissioner Blake suggested that "I would like to at this point, send it back to Staff. I don't know that it necessarily has to go back through P and Z [Planning and Zoning Board/Local Planning Agency]." Furthermore, Commissioner Blake stated, "I think we could certainly send this back to Staff to have them develop a Developer's Agreement, put together a Developer's Agreement with the property owner that embraces everything that we've talked about this evening, go through that C-2 list and scratch out those things - in my opinion, some of the items that we have talked about moving from C-2 to 'Industrial' would end up making some of these parcels that he has already - as non- conforming uses and we need to decide whether, and I think this is a Staff issue to work on and bring it back to us to decide whether we want those three (3) or four (4) non- conforming uses for the period of time or if we want to through a Developer's Agreement allow those uses because of currently allowed Zoning in the future." Commissioner Blake added, "We need to have it go back to you folks to work and bring it back to us in two (2) weeks or four (4) weeks or whatever." Deputy Mayor Gennell spoke of her concerns with the "linear junkyard" and said that she was not in support of accommodating more "So-called parking spaces." Commissioner Martinez voiced his concerns with Commissioners speaking with applicants. Commissioner Blake stated, "Point of Order" and asked Mr. Reece to clarify who called who. Mr. Reece stated that he had personally called Commissioner Blake. Attorney Garganese addressed the most recent comments and added that this was a legislative matter. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH 11,2002 PAGE 14 OF 28 Ms. Cindy Slack, 1220 George Street, Winter Springs, Florida: spoke on behalf of her neighbors and commented that they had met with Mr. Reece on three (3) occasions; mentioned an oil slick which was a concern; noise problems; parking concerns; problems with tenants; and a previous consultant. Ms. Slack added, "We talked at the last Meeting and requested possible annexation into the City. You had directed - I'm not sure who on your Staff to get information to me, that I would be the person that would spearhead it. I've not received any of that information yet, and these are issues that really could be addressed with that information if we had some enforcement." Mayor Partyka said, "So, follow up on that with the City Manager." Manager McLemore spoke of Commissioner Blake's recommendation and reiterated, "We'll hold off on this Development Agreement and meet back with the parties and see if we can deal with this permitted uses situation." Manager McLemore added, "I would like to bring back this original PUD [Planned Unit Development] plan and see what it was in there that people seem to be agreeable to." Mr. Reece then stated, "Those duplexes that are next door have a well, and those wells are monitored by Seminole County and they have to have - the water has to be checked I believe, every ninety (90) days, and the well has never failed and the well was there when I bought the property, and it's still in use. So, I assume that it is much closer to all this pollution that is going on and the oil that is going in the ground and - it's still in good shape. I intend to hook that up to City water. But, be that as it may, they may not have that option. The other is, as the City Manager pointed out, if I go in there and build a wall and do a parking lot and with proper retention it meets all the requirements of the City, it seems to me that that would be more palatable to the neighborhood than a commercial building, which she is alluding to - and I am saying I don't want any commercial buildings back there on that property. All I would like to do is clean up the property that I've got up front. I can't do that without a parking lot. I can leave the property as is - just right where it is and not do anything." Manager McLemore explained, "We need your concurrence to take a rezoning scheme back to the Planning Commission. At the same time, I will meet with Mr. Reece and the Staff - you are welcome to come along - we need to discuss these permitted uses we are talking about and how we are going to deal with them, even though we think we already have a way of doing it - and see if we can get another step closer to where we could come back at either the next or right after that Commission Meeting with a Development Agreement." Ms. Slack stated, "Agreed." Commissioner Martinez asked to correct the record about previous comments that were stated and said "My words very clearly, which are still on the record say that they 'should be' - big difference from saying they 'are' or they 'should' be." "I WOULD LIKE TO MAKE A MOTION TO DISPOSE OF ITEMS 'c' AND 'D' ENTIRELY AND START NEW THE NEXT TIME, FOR THE SIMPLE REASON THAT AS THEY ARE CURRENTLY WRITTEN, THEY DON'T REFLECT THE CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MARCH I I, 2002 PAGE 15 OF 28 WILL OF THE COMMISSION A YEAR AGO - AND THERE ARE ALL KINDS OF DISAGREEMENTS BETWEEN THE DOCUMENTATION FOR THE AGENDA ITEM AND THE ORDINANCE ITSELF - THE MINUTES THAT ARE HERE REFLECT THE FACT THAT LAST YEAR THIS WAS BROUGHT TO US AS A C-2 PROPOSAL. WE AS A COMMISSION VOTED TO SEND IT TO SECOND READING AS C-l, AND IT CAME BACK IN FACT AS C-2." MOTION BY DEPUTY MAYOR GENNELL. DEPUTY MAYOR GENNELL ADDED, "WE ARE GOING TO BE DEALING WITH A DIFFERENT - ENTIRE ORDINANCE ANYHOW, AND I WOULD JUST LIKE TO SEE IT START OVER, FRESH AND CLEAN." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ATTORNEY GARGANESE STATED, "AT THIS POINT, 'C' AND 'D' WOULD HA VE TO BE RE-ADVERTISED." VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. Manager McLemore stated, "We will contact Mr. Reece and his consultants and have a meeting with us and Staff." Mayor Partyka said, "Tomorrow, sometime call Mr. Reece, call up Ms. Slack, set up a Meeting as quickly as possible and start this process. Can you do that?" Manager McLemore stated, "Yes." Deputy Mayor Gennell commented on the unlicensed vehicles mentioned earlier and said for the record, "There is a large number of vehicles out there that are unlicensed, sitting right there on the road." Mayor Partyka stated, "City Manager, get Code Enforcement people out there to take a look at that." .:. .:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED. .:..:. V. PUBLIC HEARINGS PUBLIC HEARINGS : ','.. "-:.. ATTACHMENT C -- , ' ATTACHMENT NO.1 INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS RELATING TO ROAD TRANSFERS 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 327'71, (hereafter referred to as the "COUNTY") and the CITY OF WINTER SPRINGS, I 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, certain local roads within Seminole County, Florida, are located partially in or abutting the COUNTY and partially in or abutting the CITY; and WHEREAS, certain roads in the jurisdictional boundaries of the COUNTY road system are located within tile boundaries Df.the.cIJJ::~.and".. WHEREAS, the COUNTY and the CITY are agreeable to transferring ownership, maintenance and functional responsibility of the roads hereafter specified,; and WHEREAS, the CITY and the COUNTY wish to advise the Florida Department of Transportation ("FOOT") of the transfers provided for herein by means of the COUNTY providing FOOT, District 5, with a certified copy of this lnterlocal Agreement; and WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125, 126, 163, and 166, Florida Statutes, and by Sections 335.0415 and 337. 29,Florida Statutes, and other applicable law; and 1 -/ /' .... .'.... WHEREAS, the parties hereto have determined that this Agreement 'is In furtherance of the community health, safety and welfare and the public interest; 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. . (a) The purpose of this Agreement is for the COUNTY to assign and transfer tQ the CITY ownership, jurisdiction over and full functional responsibility for the following roads: (i). That portion of Shepard Road which is located east of State Road 15-600 (United States Highway 17/92); and (ii) That portion of Brantley Avenue from State Road 434 to Lake Jesup;and (iii) Railroad'Avenl.Je;'a-n-d' r. (iv) Milky Way; and (v) Natures Way; and (vi) Old Sanford Oviedo Road; and-.n. . ....... (vii) Nursery Road from US 17/92 to Phillip Street; and (viii) Magnolia Street from Phillip Street to the dead end. (b) It is further the purpose of this Agreement for the CITY to assign and transfer to the COUNTY ownership, jurisdiction over and full functional responsibility for the following roads: (i) Boat Club Road; and 2 >'.y..).-:r (ii) Jessup Road; and (iii) Lake Street; and (iv) Nancy Drive; and (v) Springs Avenue from the CITY limits to Lake Street; and (vi) Spring Drive; and (vii) . Orange Avenue from Brantley Avenue to the dead end. Section 3. Transfer of Responsibility. (a) Upon the date this Agreemenf is executed by both parties, the CITY shall have ownership of, plenary authority over and full responsibility for the functional operation and maintenance of the roads specified in Section 2(a) above. All of the COUNTY's rights, responsibilities, liabilities, duties and obligations as to the referenced roads shall be transferred to and assumed by the CITY and the subject roads shall be deemed CITY streets for all intents, purposes, and .effects. (b) Upon the date this Agreement is executed by both parties, the COUNTY . shall have owner..ship_of-. plenary authorityo.ver .and. full responsibility. Jar Jhe functional operation and maintenance of the roads specified in Section 2(b) above. All of the CITY's rights, responsibilities, liabilities, duties and obligations as to the referenced roads shall be transferred to and assumed by the COUNTY and the subject roads shall be deemed COUNTY roads for all intents, purposes, and effects. Section 4. Limitations of Agreement. It is not the intent of this Agreement to change the jurisdiction of the parties in any manner except as specifically provided herein. All other policies, rules, regulations and ordinances of the COUNTY and the CITY will continue to apply as to properties located within the jurisdiction boundaries of each party hereto. The maintenance of side roads, street name signs and stop signs 3 are the responsibilities of the parties in whose jurisdiction such roads and signs are located, except as otherwise proved herein. Section 5. Other -Agreements. The parties agree to execute such instruments and documents as may be required to effectuate this Agreement, including the attached exhibits, or as may be required by the Florida Department of Transportation. To the extent this Agreement is inconsistent with the Interlocal Agreement between - the parties dated February 9, 1987, the terms of this Agreement shall control. 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 performance of services and functions pursuant to t~is 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 servi~ 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. 4 Section 8. Notices. (a) Whenever either party desires to give notice 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 (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 9. 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 10. 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 5 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 11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the parties. I Section 12. Public Records. The parties shall allow public access to all . . documents, papers, letters or other materials subject to the provisions of Chapter 119, FIQrida Statutes, which have been made or received in conjunction with this Agreement. . Section 13. 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 14. 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 executed this Agreement on the date first written. ArrEST: CITY OF WINTER SPRINGS ~ ANDREA LORENZO LUACES, City Clerk By: PAUL PARTYKA, Mayor Date: For the use and reliance of the City of Winter Springs only. Approved as to form and legal sufficiency. As authorized for execution by the City Com- mission at its I 2002 regular meeting. City Attorney 6 ;-::" ~....:~ ArrEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: DARYL G. MCLAIN, Chairman MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. Date: For the use and reliance of Seminole County only. Ap- proved as to form and lega/ sufticiency. As authorized for execution by the Board of County Commissioners at its I 2002 regular meeting. County Attorney SPL\dre 04 \9\02 2 Attachments Exhibit "A" -Interlocal Transfer (City of Winter Springs) Exhibit "B" - Interlocal Transfer (Seminole County) P;IUserslCaslO1 \Ag1"eements\WlIller SpOngs nlet10caf (Road Transfer)l.doc :1 7 SEMINOLE COUNTY AND CITY OF WINTER SPRINGS INTERLOCAL TRANSFER OF ROADS THIS INSTRUMENT is made this day of , 2002, by 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: THE COUNTY for and in consideration of the sum of ONE and NO/100 DOLLARS ($1.00), in hand paid by the CITY, the receipt of which is hereby acknowledged, does hereby transfer, release,. and convey to the CITY, its successors. and assigns forever, all interest and ownership (to the extent that it has any), responsibility, liability, control, rights, and authority, to include, but not limited to, specifically. the construction, maintenance, operation, repair and any and all other responsibilities, duties, and obligations for the following roadways: (i). That portion of Shepard Road which is located east of State Road 15-600 (United States Highway 17/92); and (ii) That portion of Brantley Avenue from State Road 434 to Lake Jesup; and (iii) Railroad Avenue; and (iv) Milky Way; and (v) Natures Way; and (vi) Old Sanford Oviedo Road; and (vii) Nursery Road from US 17/92 to Phillip Street; and EXHIBIT "A-1" " (viii) Magnolia Street from Phillip Street to the dead end. The terms of the Inter/ocal Agreement which this transfer document implements are merged into this instrument of conveyance. IN WITNESS WHEREOF the COUNTY has caused this instrument to be executed in its name by the Chairman of the Board of County Commissioners and the CITY acknowledges acceptance of this instrument by its Mayor, on the day and year aforesaid. ATTEST: CITY OF WINTER SPRINGS By: PAUL PARTYKA, Mayor ANDR.EA LORENZO LUACES, City Clerk Date: For the use and reliance of the City of Winter Springs only. Approved as to form and legal sufficiency. As authorized for execution by the City Com- mission at its , 2002 regular meeting. City Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: DARYL G. MCLAIN, Chairman MARYANNE MORSE Clerk to the Board of County Commissioners..of _ _. _ .. _ . Seminole County, Florida. Date: For the use and reliance of Seminole County only. Ap- proved as to form and legal sufficiency. As authorized for execution by the Board of County Commissioners at its 2002, regular meeting. County Attorney 04/9/02 P:\USEI1S\CASLO I\AGI1EEMEtlTS\WINTER SPI1II1GS INTEI1LOCAL 110AOS TMNSFEI1 (COUNTY) I.DOC EXHIBIT "A-2" }, SEMINOLE COUNTY AND CITY OF WINTER SPRINGS INTERLOCAL TRANSFER OF ROADS THIS INSTRUMENT is made this day of , 2002, by 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: THE CITY for and in consideration of the sum of ONE and NO/100 DOLLARS ($1.00), in hand paid by the COUNTY., the receipt of which is hereby acknowledged, does hereby transfer, release, and convey to the COUNTY, its successors and assigns forever, all interest and ownership (to the extent that it has any), responsibility, liability, control, rights, and authority, to include, but not limited to, specifically, the construction, maintenance, operation, repair and any and all other responsibilities, duties, and obligations for the following roadways: (i) Boat Club Road; and (ii) Jessup Road; and (iii) Lake Street; and (iv) Nancy Drive; and (v) Springs Avenue from the CITY limits to Lake Street; and (vi) Spring Drive; and (vii) Orange Avenue from Brantley Avenue to the dead end. EXHIBIT "B-1" The terms of the Inter/ocal Agreement which this transfer document implements are merged into this instrument of conveyance. IN WITNESS WHEREOF the CITY has caused this instrument to be executed in its name by its Mayor and the COUNTY acknowledges acceptance of this instrument by its Chairman of the Board of County Commissioners, on the day and year aforesaid. ATTEST: CITY OF WINTER SPRINGS By: PAUL PARTYKA, Mayor ANDREA LORENZO LUACES, City Clerk Date: For the use and reliance of the City of Winter Springs only. Approved as to form and legal sufficiency. As authorized for execution by the City Com- mission at its , 2002' regular meeting. City Attorney A ITEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: DARYL G. MCLAIN, Chairman MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. Date: For the use and reliance of Seminole County only. Ap- proved as to form and legal sufficiency. As authorized. .f.or.- execution . by . the .. Board. u of County Commissioners at its 2002, regular meeting. County Attorney. ....... SPL\dre 03\ 13\02 P:\USERS\CASL01\AGREEMENTS\WINTER SPRINGS INTERLOCAL ROADS TRANSFER (CITY).DOC EXHIBIT "B-2" " UXIi n:sup North CITY OF WINTER SPRINGS MASTER PLANNING MAP April 2002 , =~ lAKE IESVP ~ ~ ---..... _"__1;00 ~ -j -{ ~ o J: ~ m 2 -{ 2 o llcno __111.'''_'' ....--... I\) .. = ...:...-.-.- tx::!ril'.IfJ1tC " u.<J srrrr. Em ( ~ yo" i ~ Pi ;i NURSERY ROAD/MAGNOLIA ROAD '-- o OLD SANFORD/OVIEDO ROAD 051 )02 Consml C Roads IlIlcrloc.1 051302 COflSUlt C Road, Intcrloc.1 ~ z: n\ :0 <n -U :0 2: ~ ---.. ---- -"'--- -----.- ----.-- -'-. ------ ------- SPRING A VENUE AREA ~ 1_- ~__H_ r=: I n.--1 __-1 _ i--'TT- I i J : NATURES WAY/MILKY WAY ~ST --- -i ---L- I I I I I _ lOUT I ORANGE AVENUE ( I I RAILROAD A VENUE lJ51302 C"'lSUll C Road, lnlu-Iocal