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PUBLIC WORKS DEPARTMENT
SEMINOLE COUNTY r:e
BUSINESS OFFICE FLORIDA'S NATURAL CHOICE
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February 5, 2014
Ms. Cynthia Porter,
yn City Clerk
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
RE: Interlocal Agreement between Seminole County and the City of Sanford
Relating to Jurisdictional Road Transfer of Segments of 13th Street and Celery Avenue
Dear Ms. Porter:
Transmitted herewith for your file is a fully executed Original Interlocal Agreement between
Seminole County and the City of Sanford Relating to Jurisdictional Road Transfer of Segments
of 13th Street and Celery Avenue. By copy of this letter, we are forwarding a Certified Copy of
said executed document to the State of Florida, Department of Transportation, for their file.
Thank you for your assistance and if you have any questions, please contact us.
Sincerel ,
Antoine I. Khoury, P.E., Director
Department of Public Works
AIK/dr
Attachment (1)
c: Dawn DiMartino, Maintenance Department,
Florida Department of Transportation (w/Certified Copy Attached)
200 West County Home Road.Sanford,Florida 32773
(Voice)407-665-5768,(Fax)407-665-5600.(Email)akuouryiwsemutolecountyf.gov
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THIS INSTRUMENT PREPARED BY: ""�
DAVID G. SHIELDS ko A
ASSISTANT COUNTY ATTORNEY
1101 EAST FIRST STREET
SANFORD, FL 32771 Crl
(407) 665-7259 (�"(
INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY AND THE CITY OF SANFORD
RELATING TO JURISDICTIONAL ROAD TRANSFER
OF SEGMENTS OF 13TH STREET AND CELERY AVENUE
THIS AGREEMENT, entered into this day of 3;9 4./ , 2014, 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, (hereafter
referred to as the "COUNTY") and the CITY OF SANFORD, a Florida municipal corporation,
whose address is 300 North Park Avenue, Sa.xiford Florida 32771, (hereafter referred to as the
"CITY").
WITNESSETH:
WHEREAS, the parties have the common power to construct and maintain roads within
their geographical jurisdictions; and
WHEREAS, certain roads in the jurisdictional boundaries of the COUNTY road system
are located within the boundaries of the CITY; and
WHEREAS, the COUNTY and the CITY are agreeable to transferring ownership,
maintenance and functional responsibility of the road hereinafter specified; and
Interlocal Agreement
Seminole County/City of Sanford
Relating to Jurisdictional Transfer of Segments of 13th Street and Celery Avenue
Page 1 of 7
WHEREAS, on November 1, 2010, COUNTY and CITY entered into a Joint Planning
Agreement which called for the transfer of jurisdiction for certain road segments from COUNTY
to CITY; and
WHEREAS, the CITY and the COUNTY wish to advise the Florida Department of
Transportation ("FDOT") of the transfer provided for herein by means of the COUNTY providing
FDOT, District 5,with a certified copy of this Interlocal Agreement; and
WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125,
163, and 166, Florida Statutes (2013), and by Sections 335.0415 and 337.29, Florida Statutes
(2013), and other applicable law; and
WHEREAS, the parties hereto have determined 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. The purpose of this Agreement is for the COUNTY to assign
and transfer to the CITY ownership of, jurisdiction over and full functional responsibility for
13th Street from U.S. Highway 17-92 to Sanford Avenue and Celery Avenue from Sanford
Avenue to the eastern city limits of Sanford (collectively the "road segments"), as depicted on
the attached Exhibit A.
Section 3. Transfer of Responsibility/Ownership. Upon the date this Agreement is
executed by both parties, the CITY has ownership of, plenary authority over and full
responsibility for the functional operation and maintenance of the road segments specified in
lnterlocal Agreement
Seminole County/City of Sanford
Relating to Jurisdictional Transfer of Segments of 13th Street and Celery Avenue
Page 2 of 7
Section 2 above. All of the COUNTY's rights, responsibilities, liabilities, duties and obligations
as to the referenced roads including, but not limited to, appurtenant stormwater and drainage
facilities, are transferred to and assumed by the CITY and the subject road segments are deemed
CITY streets for all intents, purposes, and effects, except as provided in Section 4.
Section 4. Conditions.
(a) These road segments must remain collector roads as defined in Section 334.03(4),
Florida Statutes (2013). The CITY agrees to continue to maintain these road segments as a
collector road pursuant to the Florida Department of Transportation Manual of Uniform
Standards for Design, Construction and Maintenance for Streets and Highway provisions for
collector roadways.
(b) Ultimate responsibility for maintenance of the traffic signals along the road
segments is transferred from the COUNTY to the CITY. However, the COUNTY will continue
to have access to the traffic signals at the following intersections:
• Celery Avenue and Mellonville Avenue
• Park Avenue, Sanford Avenue, and 13th Street
• Sanford Avenue and Celery Avenue
• U.S. Highway 17-92 and 13th Street
as needed under the Traffic Signal Maintenance Agreement between the COUNTY and the
CITY.
(c) These conditions may be specifically enforced by the COUNTY.
Section 5. 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 jurisdictional boundaries of each party hereto. The
Interlocal Agreement
Seminole County/City of Sanford
Relating to Jurisdictional Transfer of Segments of 13th Street and Celery Avenue
Page 3 of 7
maintenance of side roads, street name signs and stop signs are the responsibilities of the parties
in whose jurisdiction such roads and signs are located, except as otherwise proved herein.
Section 6. Other Agreements. The parties agree to execute such instruments and
documents as may be required to effectuate this Agreement.
Section 7. Employee Status. Persons employed by the CITY in the performance of
services and functions pursuant to this Agreement are deemed not to be the employees or agents
of the COUNTY, nor do these employees 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 this
Agreement are deemed not to be the employees or agents of the CITY, nor do these employees
have any claims to pensions, worker's compensation, unemployment compensation, civil service
or other employee rights or privileges granted to the CITY's officers and employees either by
operation of law or by the CITY.
Section 8. Indemnification. Each party to this Agreement, its officers, employees
and agents do not assume and specifically disclaim any liability for the acts, omissions or
negligence of the other party, its officers, employee or agents, except as provided by this
Agreement.
Section 9. Notices.
(a) Whenever either party desires to give notice to the other party, notice may be sent
to:
lnterlocal Agreement
Seminole County/City of Sanford
Relating to Jurisdictional Transfer of Segments of 13th Street and Celery Avenue
Page 4 of 7
For the COUNTY:
Director, Public Works Department
200 West County Home Road
Sanford, FL 32773
For the CITY:
City Manager
300 North Park Avenue
Sanford, FL 32771
(b) Either of the parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices. Each such notice will 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, if mailed, or on the date of delivery by overnight delivery
services as evidenced by a service receipt, as the,case may be
Section 10. Recording. The CITY shall record this Agreement in the Public Records of
Seminole County, Florida, and is responsible for all fees associated with the recording.
Section 11. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, constitutes an original, but all
counterparts shall together constitute one and the same instrument.
Section 12. 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 be altered, modified, waived, deleted or amended except by a written instrument equal
in dignity herewith and executed by the parties to be bound thereby. This Agreement supercedes
all oral agreements and negotiations between the parties relating to the subject matter of this
Agreement.
Interlocal Agreement
Seminole County/City of Sanford
Relating to Jurisdictional Transfer of Segments of 13th Street and Celery Avenue
Page 5 of 7
Section 13. Binding Effect. This Agreement is binding upon and inures to the benefit
of the successors in interest, transferees and assigns of the parties.
Section 14. Public Records. The parties shall allow public access to all documents,
papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes
(2013), as this statute may be amended from time to time, which have been made or received in
conjunction with this Agreement.
Section 15. Conflict of Interest. Both parties agree that they shall 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 (2013), as this statute may be amended from
time to time.
Section 16. Effective Date. This Agreement takes effect on the date that it has been
executed by both parties hereto.
tw-
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the date first written.
ATTEST: CITY OF SANFORD I
�' I
Oti%$ By: i'1�7,
CY HIA PORTER, City Clerk JEFF TRIPLET , 7e
Date: (-41.7 —p?O/T
For use and reliance of the City of
Sanford City Commission only.
A to ,-.' . f• .•a IeQ_ali W (
' vits6iit illiam L. Colbert, City Attorney
Lo C y
��
47 il /Signatory page continues on Page 71
Interlocal Agreement
Seminole County/City of Sanford
Relating to Jurisdictional Transfer of Segments of 13th Street and Celery Avenue
Page 6 of 7
BOARD OF COUNTY C• q I' IONERS
ATTEST: SEM ' ' • or. O'
•By: �i
M• ' #- E MORSE R• .ERT II • LARI, airman
Clerk to the Board of
County Commissioners of
Seminole County, Florida. Date:
For the use and reliance of As authorized for execution by the Board of
Seminole County only. County Commissioners at its í- l g
2014, regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
DGS/dre
12/18/13
Exhibit A—Map
p:\users\dedge\my documents\agt\celery ave and 13th st transfer sanford.doc
Interlocal Agreement
Seminole County/City of Sanford
Relating to Jurisdictional Transfer of Segments of 13th Street and Celery Avenue
Page 7 of 7
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