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1256-US 17-92 CRA for median landscaping-mtnINTZRLOCAL AGREEMZNT BETWEEN THE U.S. 17 -91 CRA AND THZ CITY OF SANFORD RELATING TO MEDIAN LANDSCAPING AND MULINTENRUCZ THIS INTERLOCAL AGRZZNZNT, is made and entered into this 3 day of 204, by and between the U.S. 17 -92 COMMUNITY REDZVELOPlZWT AGENCY, a Public Agency created by Resolution No. 97 -R- 130, pursuant to Chapter 165, Florida Statutes, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771 (hereafter referred to as the "CRA ") and the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida 32771 (hereafter referred to as "CITY "). N I T N E S S E T Ht WHEREAS, U.S. 17 -92 is a road which is partially located in the CITY limits and within the U.S. 1792 Community Redevelopment Area and is of significant interest and concern to the citizens of the CITY and Seminole County; and wHZREAS, the planned and uniform development of this road as a well landscaped, scenic roadway will contribute to the general health, safety and welfare of the residents of the CITY and Seminole County; and WZZRZAS, the CITY and the CRA have worked together in a 0 cooperative manner relating to this road and desire to continue to mutually cooperate with each other in order to enhance the quality of life of the citizens of the CITY and Seminole County. NOW TBERZFORZ, in consideration of the promises, covenants and commitments contained herein and other good and valuable U.S. 17 -92 CRA and City of Sanford Median Landscaping Maintenance Page 1 of 7 consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged as to both parties, the parties agree as follows: SECTION 1. PURPOSE OF THIS AGRZZMZNT. The purpose of this Agreement is to provide for landscaping and maintenance of the landscaping on that portion of U.S. 11 -92 lying between Airport Boulevard and Park Drive (hereinafter referred to as the "PROJECT AREA "). Attached as Exhibit "A" is a map of the PROJECT AREA. SECTION Z. TERM OF AGREEMENT. The initial term of this Agreement shall be six (6) years. Should the CITY terminate this Agreement prior to completion of the six (6) year term, then the CITY shall reimburse the CRA for the costs associated with the CRA's compliance with the terms of this Agreement (changed plans and landscaping /maintenance of the medidiq). SECTION 3. CITY'S OBLIGAT20iff. Throughout the term of this Agreement the CITY shall: (a) Provide all services to the PROJECT AREA as contained in the Scope of Work, attached hereto as Exhibit B, including hiring and coordinating all contractors for the Project, securing all necessary permits, providing lighting that is FDOT compliant, energy efficient and of the same style, color and design as the lighting in the Fern Park CRA Project, and maintaining the PROJECT AREA for a period of five (5) years after the initial completion date. (b) Upon completion of the Project, be solely responsible for providing all necessary functional and aesthetic maintenance of the landscaping located within the PROJECT AREA including, but not limited U.S. 17 -92 CRA and City of Sanford Median Landscaping Maintenance Page 2 of 7 to, watering, mowing, fertilizing, litter removal, aesthetic appearance, replacement and sustainable care of plantings (replacing like with like, to the maximum extent possible), and the replacement and sustainable care of decorative pavements and concrete damaged as a result of any of the foregoing activities; and (c) Indemnify and hold the CRA harmless from and against all liability, claims, demands, attorneys fees (both at trial and on appeal), judgments and costs relating to personal injuries, including death, and property damage arising from CITY's acts and omissions in the performance of the CITY's obligations under this Agreement. (d) Be solely responsible for any costs incurred in the performance and service under this Agreement in excess of the reimbursement amount as stated in:S�ction 4 below. SECTION 4. CRA OHLIGA►TIOKS. - ' , 'die CRA shall: (a) The CRA agrees to reimburse the CITY for the cost of services as outlined in the Scope of Work. Said reimbursement shall be paid as follows: 1. Upon execution of this Agreement - ONE HUNDRED TWENTY - FOUR THOUSAND SIX HUNDRED FIFTY AND N01100 DOLLARS ($124,650.00) 2. Upon fifty percent (50 %) completion of the Scope of Work (excluding maintenance) - a sum not to exceed ONE HUNDRED TWENTY - FOUR THOUSAND SIX HUNDRED FIFTY AND N01100 DOLLARS ($124,650.00) 3. Upon one hundred percent (100 %) completion of the Scope of Work (excluding maintenance) - a sum not to exceed ONE U.S. 17 -92 CRA and City of Sanford Median Landscaping Maintenance Page 3 of 7 r Y' ($124,650.00) 4. Upon completion of the first year of PROJECT AREA maintenance - a sum not to exceed EIGHT THOUSAND AND N01100 DOLLARS ($8,000.00) 5. Upon completion of the second year of PROJECT AREA maintenance - a sum not to exceed EIGHT THOUSAND AND N01100 DOLLARS ($8,000.00) Said amounts, except for the initial payment, shall be made only after the CRA receives and approves an invoice submitted by the CITY detailing the work performed and the costs incurred by that work. Invoices must be accompanied by documentation showing proof of all expenditures by the CITY. (b) The CRA shall review thce I nal project design, the Scope of Work and the deliverables prior to the start of work, to ensure that the proposed plantings are drought tolerant and low maintenance and that the soil composition in the PROJECT AREA is appropriate for the proposed plantings. The CRA shall also review the Project upon completion of the Scope of Work (excluding maintenance) to certify that it has been completed in accordance with the approved final design, Scope of Work and deliverables. The CRA shall not be obligated to make the final payment due on the Project (excluding maintenance) until the Project has been completed to the satisfaction of the CRA. U.S. 17 -92 CRA and City of Sanford Median Landscaping Maintenance Page 4 of 7 SECTION 5. ASSIGMEENT. This Agreement shall not be assigned by either party without the prior written approval of the other, however, this prohibition shall not prevent either party from meeting its obligations hereunder by using independent contractors. SECTION 6. PUBLIC RECORDS. The parties shall allow public access to all documents, papers, letters or other materials which have been made or received by the parties in conjunction with this Agreement. SECTION 7. RECORDS AND AUDITS. The parties shall maintain any and all records, documents, papers, and other evidence pertaining to the work performed under this Agreement. Such records shall be available at reasonable times and places during the term of this Agreement and for so long as such records are maintained thereafter. Records shall be maintained in accordance with State law, including but not limited to Chapter 1194,' 'Florida Statutes, and generally accepted accounting and auditing principles. SECTION S. NOTICES. (a) Whenever either party desires to give notice to the other, notice may be sent to: For the CRUs John Metsopoulos Seminole County Services Building 1101 East First Street Sanford, Florida 32771 For the CITY: City Manager 300 North Park Sanford, Florida 32771 U.S. 17 -92 CRA and City of Sanford Median Landscaping Maintenance Page 5 of 7 (b) Either of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices or receipt of invoices. All notices shall be effective upon receipt. SZCTION 9. BZhDINGS. All sections and description headings in this Agreement are inserted for convenience only, and shall not affect the construction or interpretation of this Agreement. SZCTION 10. ZNTIRZ AG JCZM T. This Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and may not be modified or amended except by a written instrument equal in dignity to this Agreement, and executed by the parties to be bound by the amendment to the Agreement. SIMION 11. COUNTZRPARTS. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all cottAterparts shall together constitute one and the same instrument. 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ATTEST: PJAN Ci y Cler CITY OF SANFORD LINDA KUHN Mayor Date: ' -t . - �? (� -® 9 For use and reliance of the Sanford City Commission only. Approved as to form and legality. ILLIAM L. COLBERT City Attorney / OD ; Lo,v,J I n / (�'z s U.S. 17 -92 COMMUN Y REDEVE M A By. Chairman Date: a -9ic Approved as to form and legal suffic' cy. Cou ty Attorney As authorized for execution by the CRA at its 20e F meeting. AEC /sjs 10/20/08 P: \Uaera \Legal Secretary CSB \Economic DRVelopmenOUS 17 -92 CIA 4 Sanford Median Landscape Maintenance Agmt.docx Attachment: Exhibit A - Map of Project Area Exhibit B - Scope of Work U.S. 17 -92 CRA and City of Sanford Median Landscaping Maintenance Page 7 of 7