HomeMy WebLinkAbout511-Construction of 46A & I4 Sanford, FTori
P.O. Box 1788 · 32772-1788
Telephone (407) 330-5eO"f 5600
Fax (407) 330-5606
July 16, 1997
Mr. Jerry McCollum, P.E.
County Engineer
SEMINOLE COUNTY GO VERNMENT
Engineering Division
520 W. Lake Mary Boulevard, Suite 200
Sanford, Florida 32773
RE: County Road 46A/Interstate 4 Interchange
Dear Mr. McCollum:
Your letter of June 11, 1997 addressed to Mr. William L. Colbert, forwarded for City
of Sanford's approval a proposed "Letter Agreement" extending a prior agreement
regarding the CR46A/Interstate 4 Interchange. Execution of this Letter Agreement has been
approved by the Sanford City Commission. One (1) signed original is forwarded
herewitk Following execution by the Board of County Commissioners' Chairman, please
return one copy to me for our files.
WAS/acd
Enclosure
cc:
City Clerk ~'
City Attorney
(#8CM)a:\letter\McCollum
Qty Manager
d/
"The Friendly City"
Seminole County Governmen t
County Attorney's Office 1101 East First Street Sanford, Florida 32771 Telephone (407) 321-1130 Extension 7254 FAX 328-5827
June 11, 1997
William L. Colbert, Esq.
P.O. Box 4848
Sanford, FL 32772-4848
Re:
Letter Agreement
County Road 46-A (Interstate 4 Interchange)
City of Sanford
Dear Mr. Colbert:
This "Letter Agreement" is to establish .modifications to the Agreement entitled
"Interlocal Agreement Between Seminole County And The City of Lake Mary Relating To
Funding Of I-4/CR-46A Interchange, Assignment Of Rights Under 'Stipulation And
Agreement' And Funding Of Rinehart Road With Consents" dated Febru.a:ry 28, 1994 and
as modified December.-15, 1994.
The parties agree that Restrictive Covenants 2(c) and (d) in Exhibit 2-1 are deleted
in their entirety and restrictive covenants (c) and (d) set forth below are substituted
therefore:
Construction plans for the Project shall be completed by October 31,
(d) The Project shall be advertised for construction no later than January
31, 1998 and construction commenced by May 31, 1998.
The parties agree that all obligations of the parties set forth in the underlying
Agreement shall continue in full force and effect unless modified herein.
William L. Colbert, Esq.
June 11, 1997
Page 2
Once this Letter Agreement is fully executed, a copy of same will be forwarded to .
you on behalf~-of the City 9f Sanford.
ATTEST~: . .... .,
\
For the use and reliance
of City of Sanford' only.
Approved as to form and
e a u icienc .
Cxty Attorney
Date:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARYANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency
By: :
RANDALL C. MORRIS, Chairman
Date:
As authorized for execution by
the Board of County Commission-
ers at their ,
19 , regular meeting.
County Attorney
HMB\dre
061197
F: \USERS\DEB\LTR\COLB46A. SAN
emino[e Countr Goveenment
Engineering Division 520 W. Lake Mary BIrd Suite 200 Sanford FL 32773 Telephone (407) 323-2500 Ext 5674 FAX 330-9515
September 22, 1997
Mr. William A. Simmons, City Manager
City of Sanford
Post Office Box 1788
Sanford, Hod& 32772
RE: County Road 46A/hterstate 4 Interchange
Dear Mr. Simmons:
Transmitted herewith for your :records is a certified copy of the fully executed Letter
Agreement in conjunction with the referenced project.
Thank you for your continued cooperation and if you have any questions or would
like to discuss any issues related to the Interchange, please feel free to contact me.
Sincerely,
SEMINOLE COUNTY
JM/dr
Attachment
J ,~ M~cCo~
C6unty Engineer
Mr. Robert H. Cortelyou, Director of Prodaction, FDOT
Randall C. Morris, Chairman, BCC
Lonnie N. Oroot, Deputy County Attorney
Henry M. Brown, Assistant County Attorney (w/attachment)
Frank M. Van Pelt, III, Assistant County Engineer/Transportation
John C. Moore, Jr., P.E., Production Manager (Major Projects)
Seminole County Governmen t
County Attorney's Office 1101 East First Street Sanford, Florida 32771 Telephone (407) 321-1130 Extension 7254 FAX 328-5827
June 11, 1997
William L. Colbert, Esq.
P.O. Box 4848
Sanford, FL 32772-4848
Re: Letter Agreement
CERTIFIED COPY
MARYA ,NN,r r~qORSE
CEERK OF CIRCUIT COURT
County Road 46-A (Interstate 4 Interchange)
City of Sanford
Dear Mr. Colbert:
This "Letter Agreement" is to establish modifications to the Agreement entitled
"Interlocal Agreement Between Seminole County And The City of Lake Mary Relating To
Funding Of I-4/CR-46A Interchange, Assignment Of Rights Under 'Stipulation And
Agreement' And Funding Of Rinehart Road With Consents" dated February 28, 1994 and
as modified December 15, 1994.
The parties agree that Restrictive Covenants 2(c) and (d) in Exhibit 2-1 are deleted
in their entirety and restrictive covenants (c) and (d) set forth below are substituted
therefore:
Construction plans for the Project shall be completed by October 31,
(d) The Project shall be advertised for construction no later than January
31, 1998 and construction commenced by May 31, 1998.
The parties agree that all obligations of the parties set forth in the underlying
Agreement shall continue in full force and effect unless modified herein.
William L. Colbert, Esq.
June 11, 1997
Page 2
Once this Letter Agreement is fully executed, a copy of same will be forwarded to
you on behalf of the City of Sanford.
ATTEST:
For the use and reliance
of City of Sanford only.
Approved as to form and
ATTEST:
MORSE
the Board of
County Commissioners of
Seminole County, Florida.
BOARD OF COUNTY COMMISSIONERS
SEMINOL OUNTY, FLORIDA
By:~/~/~//~
~ORRIS, Chairman
Date: ~//~/f7
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency
Cojn~ty At orney~ ~
HMB\dreAt~
061197
F: \USERS\DEB\LTR\COLB46A. SAN
As authorized for execution by
19 f~ , re~lar m~.
C_,-SII
emino[e Count , Govennment
Engineering Division 520 W. Lake Mary Blvd Suite 200 Sanford FL 32773 Telephone (407) 323-2500 Ext 5674 FAX 330-9515
January 10, 1995
REC~IVEKI
JAN 11 1 95
Pos~ Office Box ~788
Sanford, F1 ori da 32772 , ~
RE= Interstate 4/County Road 46A Interchange-. '~
Dear Mr. Si m~ns: ~ ~
Lake ~ar~ Re]ating to Funding of :Z-4!OR-46Ainte~hange, Assignmnt of R~ghts
Bnder 'Stipulation and M~emnt' and FuMing of R~nehaet Road u~th Consents"
Relating to Change of P~jeot ~hedule fop youP: files.
Thank ~ou fop youp ooopepation and assistance ~n th~s matteP and ~f you
have an~ questions, please fee] f~e to contact me.
Si ncerel y,
JMldr
Enclosure
SEMINOLE COUNTY
,l~ry McCollum, P.E.
C, nty Engineer
CC:
James Kimbler, District Director, Planning & Public Transportation, FDOT
George S. Lovett, District General Counsel, District Five, FDOT
Ron H. Rabun, County Manager
Lonnie N. Groot, Deputy County Attorney
Larry L. Sellers, P.E., Director, Department of Public Works
MODIFICATION TO "INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND
THE CITY OF LAKE MARY RELATING TO FUNDING OF I~4/CR-46A INTER-
CHANGE, ASSIGNMENT OF RIGHTS UNDER ~STIPULATION AND AGREEMENT'
AND FUNDING OF RINEHART ROAD WITH CONSENTS"
RELATING TO CHANGE OF PROJECT SCHEDULE
THIS MODIFICATION AGREEMENT is made and entered into this
/~7~ day of ~~F~ , 1994, 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
"COUNTY," and the CITY OF LAKE MARY, a Florida municipal corpora-
tion, whose address is 100 West Lake Mary Blvd., Lake Mary,
Florida, 32795-0700, the CITY OF SANFORD, a Florida municipal
corporation, whose address is Post Office Box 1788, Sanford,
Florida 32772-1788, SANFORD INTERSTATE PROPERTIES, a Florida Joint
Venture, SANFORD .VENTURE LTD., a Florida Limited Partnership and
SANFORD INTERSTATE PROPERTIES, INC., a Florida Corporation, whose
address is 7829 Greenbriar Parkway, Orlando, Florida 32819,
SEMINOLE TOWNE CENTER LIMITED PARTNERSHIP, an Indiana limited
partnership duly authorized to conduct business in the State of
Florida, c/o Melvin Simon & Associates, Inc., whose address is 115
West Washington Street, Indianapolis, Indiana 46204, and EAST
CENTRAL FLORIDA REGIONAL PLANNING COUNCIL, whose address is 1011
Wymore Road, Winter Park, Florida 32789.
Section 1. Purpose. The purpose of this Agreement of
Modification is to modify the agreement of the parties as set forth
in the agreement of the parties, dated February 28, 1994 and
entitled "Interlocal Agreement Between Seminole County And The City
1
Of Lake Mary Relating To Funding Of I-4/CR-46A Interchange,
Assignment Of Rights Under ~Stipulation And Agreement' And Funding
Of Rinehart Road With Consents" (the Underlying Agreement) relative
to the modification of the project time schedules as set forth in
Exhibit "B" to that certain instrument entitled "County Deed - CR-
46A/I-4 Interchange Seminole County To Florida Department of
Transportation" pertaining to the property described in the Exhibit
"1" hereto. Except as modified herein, the agreement of the
parties as set forth in the Underlying Agreement shall continue in
full force and effect.
Section 2. Modification of FDOT Time Schedule. Notwithstand-
ing any provisions of the Underlying Agreement modified hereby to
the contrary, the parties agree that all obligations of the parties
set forth in the said Underlying Agreement shall continue in full
force and effect with all conditions relative to the subject road
improvement project as set forth in the Restrictive Covenants
(Exhibit "B") tothe above-referenced County Deed being replaced by
the time schedule attached hereto as Exhibit "2". The project time
schedule of the Florida Department of Transportation is modified
hereby in accordance with the contents of Exhibit "2".
Section 3. Exhibits Incorporated. The Exhibits attached
hereto are incorporated herein as if fully set forth herein
verbatim~=.
ATTESt: ":
FOSTER, City Clerk
~ Y k
By: X~~ayor
2
For the use d reliance
of City of are Mary only.
· rne
STATE OF F~or~da )
) ss
COUNTY OF 5emimo~e )
The foregoing instrument was acknowledged before me this/~'
day of ]ece ber, 19 q~ , by Lowry E. Rockett, as Mayor of the
Notary Public in and for the County
and State Aforementioned
My commission expires:
ATTEST:
F~r,i ~he"~SeI and reliance
of City of Sanford only.
Approved as to form and
CITY OF SANFORD
By: ~ ~- ~
B D. SMITH, Mayor
STATE OF )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me thisl~+~
~ 19 , by Bettye D. Smith, as Mayor of the CITY
day of ~_Ce~ ec , ~'
OF SANFORD, FLORIDA, who is personally known to me oK who has
produced. , as idu]~Lification and who did take an
oath, on behalf of the CITY OF SANFORD, FLORIDA.
Print Name
Notary Public in and for the County
and State Aforementioned
My commission expires:
DIANE CREWS
My Commbsion CC274616
Expire A~r 06, 1997
Bonded By ANB
4
By:
EAST CENT~L FLORIDA REGIONAL
P~NNING COUNCIL
S. Livingston, Esquire
Florida Bar No. 112090
Post Office Box 2151
Orlando, Florida 32802
STATE OF )
) ss
COUNTY OF )
The foreqoing instrument was acknowledged before me this/~
day of~0~n~, 19~, by Gerald S. Livingston, as attorney in
fact, who is personally known to me ~ who ha3 produccd
, ac idcntification and who did take an
oath, on behalf of the East Central Florida Regional Planning
Council.
key Oomm. ~e6 Nov. 29. 1998
No. CC 401406
B0~ded ThR] {~{[itlll ~lblr§ J~13dtl'
Print Name
Notary Public in and for the County
and State Aforementioned
My commission expires:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARYANNE MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
By:
Date:
, Chairman
As authorized for execution by
the Board of County Commis-
sioners at their ,
19 , regular meeting.
County Attorney
LNG/gg
11/10/94
Exhibits 1 and 2
F:\US~S\~GT~LAKE~4CR.~OD
5
EAST CENTRAL FLORIDA REGIONAL
PLANNING COUNCIL
By:
Gerald S. LiVingston, Esquire
Florida Bar No. 112090
Post Office Box 2151
Orlando, Florida 32802
STATE OF )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by Gerald S. Livingston, as attorney in
fact, who is personally known to me or who has produced
, as identification and who did take an
oath, on behalf of the East Central Florida Regional Planning
Council.
ATTEST:~',,.=,.
Coun~y.domm~Ssioners of
Seminole County, Florida
For the Use and reliance
of Seminole County only.
Approved as to form and
~rne~
LNG/gg
11/10/94
Exhibits 1 and 2
F:\USERSXGG~~~.MOD
Print Name
Notary Public in and for the County
and State Aforementioned
My commission expires:
By:
Date:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
RANDALL C. MORRIS , Chairman
As authorized for execution by
'
19 ~, regular meeting. '
CONSENT BY SIP
'COMES NOW, SANFORD INTERSTATE PROPERTIES, a Florida Joint
Venture,·SANFORD VENTURE, LTD., a Florida Limited Partnership
SANFORD INTERSTATE PROPERTIES, INC., a Florida~·Corporation a
SEMINOLE TOWNE CENTER LIMITED PARTNERSHIP and executes
Interlocal Agreement a party and fully and completely join
consents to the terms and conditions of the Interlocal
set forth above and further agrees to accomplish all actio under·
the terms of the above-referenced Stipulation and Agreeme and t~~~
above Interlocal Agreement.
SANFORD INTERSTATE ES,
a Florida Joint re
By: SANFORD VENTURE,
Limited
., a Florida
and
By: SANFORD I PROPERTIES, INC.,·
a Flori. Corporation ='-'
By:
W' lliam Valenti, President
Sanford Interstate Properties, Inc.~
as general partner for Sanford
Interstate Properties Joint Venture
STATE OF )
· ) s
COUNTY OF )
I HEREBY CERTI that on this day, before me, an officer duly
authorized in the tate and County aforesaid to take acknowledge-
ments, personall appeared William Valenti, President for SANFORD
INTERSTATE PR ERTIES, INC., as genera 1 partner for SANFORD
INTERSTATE P ERTIES JOINT VENTURE to me known to be the person
described i and who, after being first duly sworn, executed the
foregoing- 'nstrument and he acknowledge before me that he executed
same for he purpose therein expressed with full authority to bind
said e . ity.
ITNESS my hand and official seal in the County and State last
1994
Print Name
Notary Public in and for the County
and State Aforementioned
My commission expires:
6
SEMINOLE TOWNE CENTER LIMITED
PARTNERSHIP, an Indiana Limited
Partnership
By:
By:
SIMON PROPERTY GROUP, L.P., a
Delaware Limited Partnership,
its general partner
SIMON PROPERT ROUP, INC., a
Maryland corp t'on, a
general part~
By:
Attest:
:istan~ y
STATE OF ~blA~ )
COUNTY OF ~ ~~ )
I ]{EREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledge-
ments, personally appeared ~dl~~o~ and
a general partner of~_~,~~.~~ ~m,~,~ P~r~<.,~ ~who
are personally known to me and did take an oath.-'They acknowledged
before me that they executed that foregoing instrument as such
officers in the name and on behalf of the
in its capacity as a general partner of~dnP~l~d~ d~ ~m,~a~
WITNESS my hand and official seal in the State and/cOunty last
aforesaid this %~ day of h~e~ , 1994.
Notary Public in and for.
and State Aforemention'e.~'
My commission expires:
7
That Portion of:
That part of the Northeast 1/4 of Section 6, Township 20 South, Range 30 East, Seminole
County, Flodda, lying North of the Sanford Grant Line and East of S.R. 400 (Interstate No. 4)
Less Rights-of-Way of County Road 46A on the North, and Rinehart Road on the East;
Lying within the following described Parcel of Land:
From the Southeast comer of the Northeast I/4 of Section 6, Township 20 SOuth, Range 30
East, run thence South 89°48'29" West along the South line of said Northeast 1/4 a distance of
2,320.71 feet to the Easte~y fight-of-way line of S.R. 400 (1-4); thence North 24°0Y25'' East
along said fight-of-way line a distance of 1,668.65 feet to the Point of Beginning; thence leaving
said fight-of-way line, North 27003'25" East a distance of 298.19 feet to the point of curvature
of a curve concave Easterly having a radius of 797.97 feet and a chord bearing of North
45°05'44" East; thence Northefty along the arc of said curve, through a central angle of
36°04'38'', a distance of 502.45 feet to the Point of Tangency; thence North 63°08'03'' East a
distance of 447.74 feet to the point of curvature of a curve concave Westerly having ,a radius
of 389.70 feet and a chord bearing of North 31°59'32'' East; thence Northerly along the arc of
said curve through a central angle of 62°17'02'' a distance of 423.63 feet to the Point of
Tangency; thence North 00°51'01'' Fast a distance of 236.47 feet; thence South 89°49'35'' East
a distance of 364.57 feet to the Westerly fight-of-way line of Rinehart Road; thence North
00000'45" East along the Westerly fight-of-way line of Rinehart Road a distance of 70.00 feet
to the Southerly fight-of-way line of C.R. 46A (Paola Road); thence North 89°49'35'' West
along said Southerly fight-of-way line of C.R. 46A (Paola Road) a distance of 404.00 feet;
thence continuing along said Southerly fight-of-way llne, South 87°25'39" West a distance of
417.43 feet to the Easterly fight-of-way line of S.R. 400 (1-4); thence South 24°03'25" West
along said Easterly fight-of-way line a distance of 1,584.03 feet to the Point of Beginning.
RfXO0S01MXI94X~MPINX02.25 B
940221
RESTRICTIVE COVENANTS
The Property hereby conveyedShall be subject to the following
restrictive covenants. which shall run with the Property and be
binding upon GRANTOR and GRANTEE, their successors and assigns:
1. The legal description of the Property is an approximation
of the right-of-way required by GRANTEE to construct the planned
interchange of Interstate Highway 4 at County Road 46A (the "Pro-
ject"). Any land currently described within the Property not
needed for the final Project 'right-of-way will be promptly
reconveyed by GRANTEE to GRANTOR without consideration.
2. Upon the recording of this County Deed to
GRANTEE shall proceed with Project permitting, design and construc-
tion as follows:
(a) GRANTEE shall immediately commence preparation,
review and submittal to the Federal Highway Administration (FHWA)
of the Project Interchange .Modification Report (IMR).
(b) The IMR shall be approved by the FHWA and construc-
tion plans shall be commenced for the Project on or before May 1,
1995.
(c) Construction plans for the Project shall be
completed by June 30, 1997.
(d) Project construction shall commence no later than
January 31, 1998.
(e) The foregoing deadlines may be extended for reasons
beyond the reasonable control of GRANTEE such as acts of God,
This document prepared by:
Lonnie N. Groot, Deputy County Attorney
1101 East First Street
Sanford, Florida 32771
litigation commenced by other parties, labor disputes, etc., but in
no event shall any deadline be extended by more than two (2) years.
(f) Funds currently appropriated for the Project,
identified by Federal Aid Number DE-0012-(801), shall remain
committed to the Project until completion of construction.
3. In the event the GRANTEE fails to meet the deadlines set
forth in paragraph 2 of these Restrictive Covenants, or if the
Federal funds currently appropriated shall no longer be committed
to the Project, title to the Property shall automatically revert to
the GRANTOR without any further action by either party. However,
in such event, GRANTOR may record an affidavit in the Seminole
County Public Records evidencing the occurrence of the event which
gave rise to the application of this reverter and thereafter the
GRANTEE shall have no further right, title or interest in the
Property. The recording of such affidavit shall conclusively serve
to vest title to the Property in GRANTOR.
4. The reverter right reserved herein by GRANTOR shall
automatically terminate upon execution by GRANTEE of a binding,
bonded construction contract for the Project as evidenced by a
recorded affidavit signed by both GRANTOR and GRANTEE. The GRANTEE
agrees not to allow any liens or encumbrances to attach to the
subject property during its term of ownership prior to a reverter
and if a reverter shall occur, the GRANTEE agrees that title to the
subject property shall revert in the same quality as was conveyed.
Sanford. FloricZ
P.O. Box 1788- 32772-1788
Telephone (407) 330-5601
Fax (407) 330-5666
February 17, 1994
Mr. Ron H. Rabun, County Manager
County of Seminole
County Services Building
1101 East First Street
Sanford, Florida 32771-1468
RE: Construction of CR-46A/I-4 Interchange
DearRon:
Forwarded herewith, please find one (1) cqpy of the revised Agreement
forwarded by your letter of February 14, 1994 which ha~ been executed by Mayor
Smith. Execution of this Agreement was authorized by City Commi.~sion on February
14, 1994. Hopefully, we are making progress toward the ultimate construction of
this interchange.
Very truly yours,
W. A. Simmons, P.E.
City Manager
WAS / acd
Enclosure
a: \letter\rabun-cr. 46A
"The Friendly City"
INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY
AND THE CITY OF LAKE MARY RELATING TO FUNDING OF
I-4/CR-46A INTERCHANGE, ASSIGNMENT OF RIGHT8 UNDER
"STIPULATION AND AGREEMENT" AND FUNDING OF RINEHART ROAD
WITH CONSENTS
THIS AGREEMENT is made and entered into this day of
, 1994, 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 "COUNTY," and the CITY OF LAKE
MARY, a Florida municipal corporation, whose address is 100 West
Lake Mary Blvd., Lake Mary, Florida, 32795-0700, the CITY OF
SANFORD, a Florida municipal corporation, whose address is Post
Office Box 1788, Sanford, Florida 32772-1788, SANFORD INTERSTATE
PROPERTIES, a Florida Joint Venture, SANFORD VENTURE LTD., a
Florida Limited Partnership and SANFORD INTERSTATE PROPERTIES,
INC., a Florida Corporation, whose address is 7829 Greenbriar
Parkway, Orlando, Florida 32819, SEMINOLE TOWNE CENTER LIMITED
PARTNERSHIP, an Indiana limited partnership duly authorized to
conduct business in the State of Florida, c/o Melvin Simon &
Associates, Inc., whose address is 115 West Washington Street,
Indianapolis, Indiana 46204, and EAST CENTRAL FLORIDA REGIONAL
PLANNING COUNCIL, whose address is 1011 Wymore Road, Winter Park,
Florida 32789.
WHEREAS, the parties agree that the construction of the
interchange to be located atInterstate Highway 4 and County Road
46A would benefit both the citizens of the COUNTY, the CITY OF
SANFORD and the CITY OF LAKE MARY and would serve a general public
1
purpose by relieving traffic congestion and thereby benefit the
traveling public within the East Central Florida area; and
WHEREAS, the CITY OF LAKE MARY has been pledged the sum of
FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) by SANFORD
INTERSTATE PROPERTIES (hereinafter "SIP") or its successors and
assigns under the terms of the instrument entitled "Stipulation and
Agreement", dated in February and March of 1991 and executed by the
CITY OF LAKE MARY, SIP, the CITY OF SANFORD and the EAST CENTRAL
FLORIDA REGIONAL PLANNING COUNCIL; and
WHEREAS, said pledge from SIP to the CITY OF LAKE MARY is
intended to provide a portion of the funding necessary to construct
a road improvement project relating to Rinehart Road which project
would consist of four-laning Rinehart Road between County Road 46A
and Lake Mary 'Boulevard; and
WHEREAS, the parties agrees and SIP consents to FOUR HUNDRED
THIRTY-FIVE THOUSANDAND NO/100 DOLLARS ($435,000.00) of said funds
being transferred to the COUNTY from the CITY OF LAKE MARY upon
said funds being paid unto the CITY OF LAKEMARY in accordance with
the terms and conditions of the above-referenced Stipulation and
Agreement; and
WHEREAS, this Interlocal Agreement
provisions of Chapters 125, 163 and 166,
is authorized by the
Florida Statutes, and
other applicable law and serves a valid and essential public
purpose:
NOW, THEREFORE, for and in consideration of the premises and
the mutual grants, covenants, agreements and promises hereinafter
2
set forth, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties agree
as follows:
SECTION 1. RECITALS. The above recitals are true and correct
and form a material part of this Interlocal Agreement upon which
the parties have relied.
SECTION 2. ASSIGNMENT OF RIGHTS. The CITY OF LAKE MARY
hereby fully and completely assigns its right, title and interest
to the sum of FOUR HUNDRED THIRTY-FIVE THOUSAND AND NO/100 DOLLARS
($435,000.00) to which the CITY OF LAKE MARY is entitled pursuant
to the above referenced Stipulation and Agreement. The CITY OF
LAKE MARY agrees to demand said sums in accordance with the terms
of the Stipulation and Agreement and to pay said sums over to the
COUNTY within five (5) business days of the receipt of said sums
from SIP. Time is of the essence as to the CITY OF LAKE MARY's
payment to the COUNTY. Should a condition set forth i~' the
Restrictive Covenants set forth in the County Deed attached hereto
as Exhibit "B" occur such that the reversion contemplated therein
shall occur, the COUNTY shall, upon receipt of funds for such
purpose in accordance with the terms and conditions of the
agreement entitled "CR-46A/I-4 Interchange Contract for Sale and
Purchase Between Seminole County and Bank of Central Florida"
(attached hereto as "Exhibit "C"), reimburse the CITY OF LAKE MARY
for the sums received from the CITY OF LAKE MARY pursuant to the
terms of this Interlocal Agreement.
3
SECTION 3. USE OF FUNDS. The COUNTY agrees to use the funds
assigned by the CITY OF LAKE MARY to the COUNTY solely and
exclusively for the purposes of acquiring right-of-way for ~he
benefit of the Florida Department of Transportation in order that
the interchange at Interstate Highway 4 and County Road 46A can be
expeditiously completed. The right-of-way that will be purchased
with said sum along with other dedicated sums is described in
Exhibit "A" hereto.
SECTION 4. FUNDING FOR RINEHART ROAD. The-parties acknowl-
edge that funding for road improvements'for Rinehart Road is set
forth in the interlocal agreement entitled "Seminole County
Transportation Plan Interlocal Agreement", dated April and May,
1991, and that such funding shall continue to exist for said CITY
road improvement project in accordance with the terms, limitations
and conditions of said interlocal agreement.
ATTEST:
CAROL A. FOSTER, City Clerk
For the use and reliance
of City of Lake Mary only.
Approved as to form and
legal sufficiency.
By:
Date:
CITY OF LAKE MARY
LOWRY E. ROCKET, Mayor
City Attorney
STATE OF )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 19 , by Lowry E. Rocket, as Mayor of the CITY
OF LAKE MARY, FLORIDA, who is personally known to me or who has
produced , as identification and who did take an
oath, on behalf of the CITY OF LAKE MARY, FLORIDA.
Print Name
Notary Public in and for the County
and State Aforementioned
My commission expires:
ATTEST:
For the use and reliance
of City of Sanford only.
Approved as to form and
legal sufficiency.
CITY OF SANFORD
By: T~! B
Date =
City Attorney
STATE OF FLORIDA )
) ss
COUNTY OF SEMINOLE )
The foregoing instrument was acknowledged before me this 17th
day of February , 19.94 .... , by Bettye D. Smith, as Mayor of the CITY
OF SANFORD, FLORIDA, who is personally known to me e~--wh~-~ae
pr~uc.e~ , as identification and who did take an
oath, on behalf of the CITY OF SANFORD, FLORIDA.
P~int Name Diane Crews
Notary Public in and for the County
and State Aforementioned
My commission expires:
DiE CREWS
My Commission CC2N61
Expires Apr 06, 1997
Bonded By ANB
800-852-5878
6