HomeMy WebLinkAbout623-Seminole-Courthouse Expansion JUL 2
SEMINOLE COUNTY AND CITY OF SANFORD
COURTHOUSE EXPANSION INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this
day of ~ , 1996, 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 the "COUNTY," and the
CITY OF SANFORD, a Florida municipal corporation, whose mailing
address is Post Office Box 1788, Sanford, Florida 32772-1788,
hereinafter referred to as the "CITY."
WITNES'SETH:
WHEREAS, the COUNTY has generally identified its spatial needs
to the year 2010 for certain Seminole County governmental facili-
ties including the Seminole County Courthouse; and
WHEREAS, the COUNTY obtained a Site Analysis and Evaluation
for the Seminole County Courthouse comparing two (2) alternative
sites for the facility including identification of needed improve-
ments and estimated costs; and
WHEREAS, the Site Analysis and Evaluation for the Seminole
County Courthouse indicated that the two (2) sites were comparable
with respect to estimated costs considering the COUNTY's overall
spatial needs; and
WHEREAS, the CITY, recognizing the importance of the Seminole
County Courthouse to i~s downtown redevelopment, adopted Resolution
Number 1708 indicating that the CITY Commission was interested in
a cooperative arrangement with the COUNTY in limiting the costs of
CERTIFIED COPY
M~YANNE
I CLERK OF CIRCUIT COURT
INOLE ~ UNTY,~jt,,'
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the Seminole County Courthouse; specifically the proposed parking
structure(s); and
WI{EREAS, the CITY has indicated that the proposed parking
structure(s) for the Seminole County Courthouse would be an
integral element in downtown redevelopment; specifically for night
time and weekend activities; and
W~EREAS, the Board of County Commissioners of Seminole County
voted, on November 14, 1995, in support of the Downtown Sanford
location for the Seminole County Courthouse subject to the approval
of an interlocal agreement between the COUNTY and the CITY
identifying specific actions that the CITY would initiate to
provide financial incentives to lower the actual costs of the
downtown site,
NOW, THEREFORE, in consideration of the recitals, mutual
covenants, and agreements herein contained, and other 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 form a material part of this interlocal Agreement upon
which the parties have relied.
Section 2. Definitions.
(a) Seminole County Courthouse. The existing Courthouse
facility located in downtown Sanford and the planned future
expansions to that facility. The use of the terms "Seminole County
Courthouse," "County Courthouse" and "Courthouse" are all terms
that can be used interchangeably within this interlocal Agreement.
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(b) Parking. Surface parking, parking garage(s) or struc-
ture(s), or a combination thereof, to be constructed in support of
the Seminole County Courthouse. Such parking shall be generally
located within an area bounded by Sanford Avenue to the east'~'~First
Street to the south, Seminole Boulevard to the north, and Myrtle
Avenue or parcels contiguous to Myrtle Avenue to the west.
(c) Structured Parking. Multi-storied parking structures or
garages.
Section 3. Purpose of CITY-COUNTY Partnership to Expand the
Courthouse.
(a) Subject to the terms and conditions hereinafter set
forth, the COUNTY and the CITY agree to cooperate in developing the
Seminole County Courthouse and associated parking needs supporting
the Courthouse and implementing the downtown Sanford Redevelopment
Program as specified within this Interlocal Agreement.
(b) The CITY agrees to make available to the COUNTY, by means
of instruments of grant or conveyance acceptable to the COUNTY and
at no cost to the COUNTY, the property encompassing approximately
4.75 acres, owned by the CITY and presently being utilized as
parking lots located east and west of the existing Seminole County
Courthouse for the COUNTY's use in constructing the expanded
Seminole County Courthouse including, but not limited to, ancillary
facilities such as parking structures.
(c) The COUNTY and the CITY agree to maintaining a collabora-
tire approach to meeting the need for Courthouse expansion which
has the goal of developing the downtown Sanford Courthouse
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expansion project in a way that, to the maximum extent practicable,
enhances the CITY's downtown development while providing essential
public facilities required to support the judicial functions of
government. The CITY and the> COUNTY recognize that the parking
needs for the Courthouse will be further refined once the COUNTY
defines its spatial needs for the Courthouse facility during the
initial programming phase of the Courthouse design engineering
services. The COUNTY and CITY agree to work toward a mutual
agreement with regard to the ultimate location, footprint and
design parameters of the Courthouse and associated parking. The
CITY recognizes that the COUNTY is statutorily and ultimately
responsible for providing judicial facilities.
(d) The CITY shall, to the maximum extent practicable,
participate with the COUNTY at decision-making junctures regarding
the ultimate location, footprint and design parameters of the
Courehouse. In general the CITY shall receive draft plans,
materials and correspondence, notices of meetings, etc., as
customary in the process of designing improvements and structures.
(e) The preliminary programming and design phase shall refine
needs and develop alternative Courthouse site design alternatives.
The optimal site design shall identify parking that is adequate for
COUNTY and CITY facilities. Such determination may include
considerations regarding phasing, cost-benefit strategies and other
similar and mutually agreed upon matters.
(f) Upon the COUNTY determining the ultimate location,
footprint and design parameters of the Courthouse, the COUNTY shall
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tender a Memorandum Of Understanding to the CITY relating to all
such matters and the CITY shall have forty-five (45) days in which
to approve of the Memorandum Of Understanding. Upon mutual
approval by the CITY andS!the COUNTY the Memorandum Of Understanding
shall be deemed to be an addendum to this Interlocal Agreement.
(g) Upon execution of the Memorandum Of Understanding the
CITY shall convey insurable and marketable title of such CITY-owned
land to the COUNTY upon which the Seminole County Courthouse is to
be located. In addition, if parking structures are constructed in
support of the Courthouse expansion, the CITY shall convey
insurable and marketable title of such CITY-owned land to the
COUNTY upon whlch such parking structures are to be located.
(h) The CITY and COUNTY generally agree that long term goals
for the economic redevelopment of the waterfront and downtown area
of Sanford may involve changing land uses. Therefore, while both
parties agree that the CITY shall maintain ownership of lands
utilized for surface parking in order to provide flexibility for
future redevelopment opportunities, the CITY shall covenant or
otherwise guarantee that the agreed upon number of parking spaces
supporting the Courthouse upon CITY-owned lands shall be available
and provided for the COUNTY Courthouse. Likewise, the COUNTY shall
covenant/guarantee same for COUNTY lands upon which parking may
primarily serve CITY facilities. Further, if parking structures
are constructed by/owned by the COUNTY, the COUNTY shall covenant
and guarantee to the CITY that such parking shall be available for
use by the general public consistent with Courthouse use. The
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COUNTY may reserve a reasonable number of parking spaces for the
exclusive use of appropriate officials and personnel. If the CITY
desires to sell, lease or otherwise take actions that would
decrease the number of surface parking spaces guaranteed for the
Seminole County Courthouse, the CITY shall replace such parking
spaces within the agreed upon parking area. Should the CITY desire
to decrease the number of surface parking spaces guaranteed to the
Courthouse, such decrease shall not be effected unless and until
agreed upon by the COUNTY.
(i) The CiTY agrees to provide, when needed and at no cost to
the COUNTY, the necessary water, reclaimed water and sewer
infrastructure improvements and connections as may be necessary to
meet the needs of the Seminole County Courthouse with the maximum
amount of water, reclaimed water and sewer infrastructure improve-
ments and connections to be as projected to be required at the
Courthouse's projected build out in the year 2010. The CITY agrees
that said improvements will be in place as necessary to meet the
Courthouse's construction schedule. While the CITY shall provide
for water, sewer and reclaimed water availability, the COUNTY shall
not be exempt from applicable CITY impact fees and shall pay same
when due. However, the CITY covenants and agrees to provide new
jobs-based economic development incentives up to an amount equal to
the CITY impact fees. Qualifying additional positions filled on or
after October 1, 1996 shall be counted for calculation of the
economic development incentive. Said incentive funds shall be in
the amount of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00) for
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every five (5) new jobs created in the CITY. The CITY covenants
and agrees not to terminate its economic development programs until
the commitment set forth herein is fulfitled and agrees to fund
said incentives with general fund monies or any other appropriate
source of revenue.
Section 4. Financial Participation by the CITY.
(a) The CITY's obligations and commitments as set forth in
this Interlocal Agreement shall become null and void if the COUNTY
does not commence physical construction. of the Courthouse in
downtown Sanford by fiscal year 2000/200t.
(b) The CITY believes that parking facilities required to
serve the Courthouse and City Hall facilities can be accomplished
most cost effectively and adequately by utilizing surface parking
and avoiding the high costs of parking structures for the required
facilities. In addition, the CITY believes that the future
redevelopment of the downtown Sanford waterfront area may be
enhanced through a cost-saving, land-banking concept that provides
greater flexibility for future construction of both a public and
private nature in downtown Sanford. Specifically, if Structured
Parking is not reflected in the agreed-upon site design, the CITY
shall pay up to one-half (~) the cost up to a maximum of FIVE
HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) for all costs
associated with publicly owned parking including, but not limited
to, pavement, landscape, drainage, design, land acquisition, etc.
Alternatively, if the agreed-upon site design includes parking
structures, the CITY shall pay one-half (~) of the total costs of
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publicly owned parking up to a maximum of ONE MILLION AND NO/100
DOLLARS ($1,000,000.00) for the parking. In no event shall the
CITY's total direct financial contribution exceed the parameters
set forth in this paragraph. Direct monetary contribution by the
CITY shall include the purchase of land if such purchase is
accomplished by the CITY; provided, however, that the purchase of
land hereunder shall be subject to COUNTY approval.
(c) The CITY agrees to participate with the COUNTY in the
costs of planning, designing and construction of the Seminole
County Courthouse parking as set forth in this Section. The CITY
shall be responsible fo~ submitting tQ the COUNTY the source of
said funding before the date that the COUNTY awards the construc-
tion portion of the Courthouse in order that all funds relied upon
for construction will be appropriately encumbered. Said funds may
be spaced over the construction time frame if consistent with the
COUNTY's obligations under its construction contracts, but only in
accordance with the COUNTY's anticipated construction draw
schedule.
(d) The COUNTY recognizes that the CITY's participation may
be in the form of a public/private partnership or other such means
for reducing the overall costs of the Courthouse program. In
regards to such public/private partnership, any such CITY contribu-
tion other than monetary shall be submitted to the COUNTY and shall
be subject to its consideration and approval, which shall not be
unreasonably withheld consistent with the provisions of Section 3
herein, before any non-monetary contribution is deemed to be part
of the facility improvement program.
(e) Barring financial or budgetary difficulties, the COUNTY
agrees to proceed in good faith with the planning and designing of
the Courthouse during fiscal year 1996/97. The COUNTY anticipates
that design services will encompass approximately twenty-four (24)
months from contract award. It is further the COUNTY's intent to
proceed with construction of the Courthouse, including ancillary
structures, as soon as practicable once design services are
complete. Such construction shall be contingent upon funding
having been identified, ~ecured and approved for the facility.
Section 5. Force Majeure. In the event any party hereunder
fails to satisfy a requirement imposed in a timely manner, due to
a hurricane, flood, tornado, or other Act of God or force majeure,
then said party shall not be in default hereunder.
Section 6. Binding Effect. This Interlocal Agreement 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, this InterlocalAgreement shall not be deemed to
pledge the full faith and credit of the COUNTY or the CITY.
Section 7. Assignment. This Interlocal Agreement shall not
be assigned by either party without the prior written approval of
the other.
Section 8. Public Records. The COUNTY and the CITY shall
allow public access to all documents, papers, letters or other
materials which have been made or received by the COUNTY and the
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CITY in conjunction with this Interlocal Agreement or the Court-
house project, subject to exceptions to public records laws as set
forth in Florida Statutes.
Section 9. Records and Audits. The COUNTY an~]the CITY shall
maintain in its place of business any and all books, documents,
papers and other evidence pertaining to work performed under this
Interlocal Agreement. Such records shall be available at the
COUNTY's and the CITY's place of business at all reasonable times
during the term of this Interlocal Agreement and for so long as
such records are maintained.
SECTION 10. Notices.
(a) Whenever either party desires to give notice unto the
other, notice may be sent to:
For the COUNTY: County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For the CITY: City Manager
City of Sanford
P.O. Box 1788
Sanford, Florida 3277~
(b) Either of the parties may change, by written notice as
provided herein, the addresses or persons for receipt of notices.
All notices shall be effective upon receipt.
Section 11. Indemnification. The CITY hereby agrees, to the
extent authorized by law, to indemnify, save and hold the COUNTY
harmless from and against any and all damages, expenses, losses,
claims, injuries and liabilities arising or resulting from or in
connection with the CITY's or its officers, employees, agents,
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successors' or assigns' actions or activities relating in any way
to the Courthouse project, and any and all claims and actions
brought by third parties resulting from or arising in connection
with said actions. To the extent required b~ law, if specific
consideration for the indemnification provided herein is required
to be given by the COUNTY to the CITY then ONE AND NO/t00 DOLLARS
($1.00) of the value for the consideration set forth in this
InterlocalAgreement shall be deemed to be such specific consider-
ation. The CITY acknowledges the adequacy and sufficiency of said
specific consideration.
Likewise, the COUNTY hereby agreeS, to the extent authorized
by law, to indemnify, save and hold the CITY harmless from and
against any and all damages, expenses, losses, claims, injuries and
liabilities arising or resulting from or in connection with the
COUNTY's or its officers, employees, agents, successors' or
assigns' actions or activities relating in any way to the Court-
house project, and any and all claims and actions brought by third
parties resulting from or arising in connection with the said
actions. To the extent required by law, if specific consideration
for the indemnification provided herein is required to be given by
the CITY to the COUNTY then ONE AND NO/100 DOLLARS ($1.00) of the
value for the consideration set forth in this Interlocal Agreement
shall be deemed to be such specific consideration. The COUNTY
acknowledges the adequacy and sufficiency of said specific consideration.
Section 12. Conflict of Interest. The COUNTY and the CITY
agree that they will not engage in any action that would create a
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conflict of interest in the performance of its obligations pursuant
to this interlocal Agreement with the other party or which would
violate or cause others to violate the provisions of Part III,
Chapter 112, Florida Statutes, relating to ethics in government.
Section 13. Equal Opportunity Employment. The CITY and
COUNTY agree that they will not discriminate against any contrac-
tor, employee or applicant for employment or work under this
Interlocal Agreement because or on account of race, color,
religion, sex, age, disability or national origin and will take
affirmative steps to insure that applicants are employed and
employees are treated d~ring employment without regard to race,
color, religion, sex, age, disability or national origin. This
provision shall include, but not be limited to, the following:
retention; award of contracts; employment; upgrading, demotion or
transfer; recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training,
including apprenticeship.
Section 14. Compliance with Laws and Regulations. In
performing under this Interlocal Agreement, the parties shall abide
by all laws, statutes, ordinances, rules, and regulations pertain-
ing to, or regulating the performance set forth herein, including
those now in effect and hereafter adopted. Any violation of said
laws, statutes, ordinances, rules, or regulations shall constitute
a material breach of this interlocal Agreement, and shall entitle
the non-violating party to terminate this interlocal Agreement
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immediately upon delivery of written notice of termination to the
violating party.
Section 15. Employee Status.
(a) ~ersons employed or retained by the COUNTY or CITY in the
performance of services and functions pursuant to this interlocal
Agreement shall have no claim to pension, workers' compensation,
unemployment compensation, civil service or other employee rights
or privileges granted to the other parties officers and employees
either by operation of law or by the other party.
(b) The CITY assumes total responsibility for salaries,
employment benefits, cqntractual rights and benefits, contract
payments, and Federal, State and local employment taxes, if any,
attributable to personnel or contractors hired by the CITY only,
and agrees to indemnify and hold the COUNTY harmless from any
responsibility for same.
(c) The COUNTY assumes total responsibility for salaries,
employment benefits, contractual rights and benefits, contract
payments, and Federal, State and local employment taxes, if any,
attributable to personnel or contractors hired by the COUNTY only,
and agrees to indemnify and hold the CITY harmless from any
responsibility for same.
Section 16. Dispute Resolution. Any and all disputes arising
hereunder shall be attempted to be resolved through a collaborative
and mutually acceptable informal process with open discussions and
a collaborative effort. In the event that formal dispute resolu-
tion processes become necessary, the parties recognize that such
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matters will be subject to the processes and procedures set forth
in the agreement entitled "Interlocal ~reement on Mediation and
Intergovernmental Coordination," dated January 24, 1995.
Section 17. Entire Agre~ent. This Interlocal ~reement
constitutes the entire agreement of the parties with respect to the
subject matter hereof, and may not be modified or amended except by
a written instrument equal in dignity herewith and executed by the
parties to be bound thereby.
IN WI~ESS WI{EREOF, the parties hereto have made and executed
this Interlocal Agreement for the purposes herein stated on the
date first above written.
ATTEST: CITY O S~/FOR
Date: ~/~,/~
~proved as to form and
a su icienc
City Attorney
ATTEST:I BOARD OF COUNTY CO~ISSIONERS
DICK VAN DER WEIDE, Chairman
C o the Board of
Date: S
Seminole County, Florida.
For the use and reliance As authorized for execution by
of Se 'nole County only. the Board of County Commiss-
Appr ed as to form and ioners at their
le suffi en~/~ 1996, regular meeting.
LNG/dre
061796 CO~T~OU.A~
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