HomeMy WebLinkAbout289-Road Maintenance Agrmt ROAD MAINTENANCE AND RIGHT-OF-WAY DEDICATION
INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY AND THE CITY OF SANFOND
THIS AGREEMENT, entered into this /~/~--/ day of
I~/~-~/~/~/~ , 1987 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, (herelnafter "COUNTY") and the CITY OF SANFORD, a Florida
municipal corporation, whose address is 300 N. Park Avenue,
Sanford, Florida 32771, (hereinafter "CITY").
WITNESSETH:
WHEREAS, the parties hereto have the common power to
construct and maintain roads within their geographical jurisdic-
tions; and
WHEREAS, certain local roads are located partially in the
COUNTY and partially. in the CITY; and
WHEREAS, certain roads in the COUNTY road system are
located within the jurisdictional boundaries of the CITY; and
WHEREAS, the COUNTY and the CITY are agreeable to
transfering full functional responsiblility for a portion of Bevier
Road (located partially in COUNTY and partially in CITY) to the
CITY; and
WHEREAS, the CITY desires to cooperate with the COUNTY in
acquiring necessary right-of-way for the expansion and upgrading of
roads in the COUNTY road system which are located within the juris-
dictional boundaries of the CITY; and
WHEREAS, certain developments require the issuance of
right-of-way utilization permits in order to proceed; and
WHEREAS, this Agreement is authorized pursuant to the
provisions of Section 163.01, Florida Statutes, which authorizes
the exercise by Agreement of two or more public agencies of any
power common to them.
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NOW, THEREFORE, in consideration of the promises and the
mutual covenants contained herein to be undertaken by the respec-
tive parties hereto, the parties mutually agree and covenant as
follows:
SECTION 1. PURPOSE. The purpose of this Agreement is
for the COUNTY to assign and transfer full functional responsibil-
ity for a portion of Bevier Road, which is located partially in the
COUNTY and partially in the CITY, to the CITY.
SECTION 2. TRANSFER OF RESPONSIBILITY. Upon the date
that this Agreement is executed by both parties, the CITY shall
have the responsibility for the operation and maintenance of that
portion of Bevier Road lying between State Road 46 and Jewett Lane.
All of the COUNTY's responsibilities and obligations as to said
portion of Bevier Road shall be assumed by the CITY. In addition to
the transfer of authority to the CITY provided for herein, the
parties shall jointly apply, in accordance with the provisions of
Section 335.04(1)(b)4, Florida Statutes, to the Florida Department
of Transportation for the Department to functionally evaluate
Bevier Road and classify said portion of Bevier Road as a CITY
street; provided, however, that the results of such application
shall not affect the provisions of this Agreement.
SECTION 3. PAVING OF BEVIER ROAD. Within one hundred
twenty (120) days of the effective date of this Agreement, the CITY
shall cause the roadbed of Bevier Road to be paved with twenty-four
feet (24') of pavement width said paving to be accomplished in
conformity with Bevier Road reconstruction plans to be submitted to
the County Engineer for, and subject to, his approval.
SECTION 4. REQUIREMENTS AS TO LON RESEARCH. The CITY
shall, within five (5) days of the date that this Agreement is exe-
cuted, obtain from the developer of that development within the
CITY known as the LON RESEARCH development, the dedication to the
COUNTY of a thirty foot (30') one-half right-of-way for Bevier Road
as' to all property owned by the developer of said development
abutting Bevier Road.
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SECTION 5. FUTURE BEVIER ROAD DEVELOPMENT. The CITY
covenants and agrees with the COUNTY that all developers of prop-
erty located within the CITY or within the COUNTY whose property
abuts Bevier Road shall be required, as a condition precedent to
development approval, to dedicate to the COUNTY a thirty-five foot
(35') one-half (1/2) right-of-way as to all property owned by any
developer developing property abutting Bevier Road. After such
time as the Florida Department of Transportation shall functionally
reclassify Bevier Road as a City street such dedications shall be
made to the CITY.
SECTION 6. OT~ER COUNTY ROADS WITHIN THE CITY. As to
all other roads within the County road system, when any development
occurs on or upon any property located within the jurisidlctional
boundaries of the CITY which property abuts a road within the
County road system; the CITY to the extent of its ability, agrees
with the COUNTY that, as a condition precedent to development
approval, the owner of said property shall be required to dedicate
to the COUNTY a one-half (1/2) right-of-way consistent with the
future right-of-way requirements of the Seminole County road system
as set forth in the Seminole County Planning Guidelines for
Transportation.
SECTION 7. CITY ROADS ABUTTING DEVELOPMENT IN THE
COUNTY. COUNTY agrees that it will, when any development occurs on
property located within the jurisdictional boundaries of the COUNTY
which property abuts a CITY Street, to the extent of its ability,
require, as a condition precedent to development approval, the
owner of said property to dedicate to the CITY a one-half (1/2)
right-of-way consistent with future right-of-way requirements of
the CITY.
SECTION 8. LIMITATIONS OF AGREEMENT.
(a) It is not the intent of this Agreement to change the
jurisdiction of the parties in any manner except as specifically
provided for herein. All other policies, rules, regulations and
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ordinances of the COUNTY and the CITY will continue to apply as to
properties located within the jurisdictional boundaries of each
party hereto. The maintenance of side roads, street name signs and
stop signs are the responsibility of the party in which they are
located.
(b) Should the Florida Department of Transportation
functionally reclassify Bevier Road as a collector road in the
future and reclassify Bevier Road into the County road system, such
determination shall prevail over the terms of this Agreement.
SECTION 9. EMPLOYEE STATUS. Persons employed by the
CITY in the performance of services and functions pursuant to this
Agreement shall not be deemed to be COUNTY employees nor shall they
have any claim to pension, worker's compensation, civil service or
other employee rights or privileges granted by the COUNTY to its
officers and employees.
SECTION 10. 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, employees or agents.
SECTION 11. NOTICES. Whenever either party desires to
give notice unto the other, notice may be sent to:
FOR COUNTY
Kenneth R. Hooper
County Administrator
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
FOR CITY
Frank A. Faison
City Manager
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
SECTION 12. 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 above written.
ATTE S T:
ATTEST:
D~~ ~~
Seminole County, Florida.
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
LNG/gg
082487
RAM/gg
090487
CITY OF SANFORD
BY:BTT~y~. S~ITH, Ma~yor
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
Date= q/9/ 7
AS authorized for execution
by the Board of Co ty Commis-
sioners at their ~ . ~ ,
19_e_Q, regular me~ti~.
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