2179 Interlocal w/Seminole County - Oregon Ave PUBLIC WORKS DEPARTMENT Or=�Y_
SIA111NOit- COUNTY
ENGINEERING DIVISION h0RImN��O«�
April 4, 2Ol7
Mr. Bi|a| |ftikhor
Public Works Director
City ofSanford
3ODNorth Park Avenue
Sanford, Florida 3277l
KE: Interlocal Agreement—Jurisdictional Road Transfer ofOregon Avenue
Dear Mr. |ftikhar:
Transmitted herewith is the following document approved and executed by the Chairman of
the Seminole County Board ofCounty Commissioners onMarch 38, 2O17:
�* I—Original Interlocal Agreement between Seminole County and City of Sanford
relating toJurisdictional Road Transfer ofOregon Avenue
Thank you for your assistance with this matter. If you have any questions, please feel free to
contact nmeat4O7-GG5-5703.
Jean ]re', PE
' . .
Director ofPublic Works/County Engineer
]j:sh
Attachment (1)
100 E luc STREET,8ANFORD,FLORIDA 32771 ' TELEPHONE(487)605-5674' FAX(407)665-5772
THIS INSTRUMENT PREPARED BY:
DAVID G.SHIELDS
ASSISTANT COUNTY ATTORNEY
1101 EAST FIRST STREET
SANFORD.FL 32771
(407)665-7254
INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY AND CITY OF SANFORD
CONCERNING OREGON AVENUE
THIS AGREEMENT, entered into by and between SEMINOLE COUNTY, a Charter
County and political subdivision of the State of Florida, whose address is Seminole County
Services Building, 1101 East I st Street, Sanford, Florida 32771, in this Agreement referred to as
"COUNTY," and the CITY OF SANFORD, a Florida municipal corporation, whose address is
300 North Park Avenue, Sanford,Florida 32771, in this Agreement referred to as "CITY."
WITNESSETH:
WHEREAS, the parties have the common power to construct and maintain roads within
their geographical jurisdictions; and
WHEREAS, Oregon Avenue and South Oregon Avenue are located between the eastern
right-of-way line of Rinehart Road and the north right-of-way line of County Road 46A, all as
shown on the attached Exhibit "A" (collectively "Oregon Avenue"); and
WHEREAS, due to historical circumstances an issue has arisen between CITY and
COUNTY as to which entity has the ownership,jurisdiction, and maintenance responsibility for
Oregon Avenue; and
Interlocal Agreement relating to Jurisdiction Transfer—Oregon Avenue
Seminole County/City of Sanford
Page 1 of 9
WHEREAS, this issue also involves a retention pond requiring restoration work that is
an appurtenance to Oregon Avenue and is located between the Mayfair Oaks subdivision and
Oregon Avenue(the "Mayfair Oaks Pond").- and
WHEREAS, CITY and COUNTY desire to resolve amicably this issue by each
contributing payment of 50% of the cost necessary to restore the functionality of the Mayfair
Oaks Pond; and
WHEREAS, CITY and COUNTY desire to resolve this issue amicably additionally by
COUNTY transferring all ownership,jurisdiction, maintenance, and functional responsibility for
Oregon Avenue that COUNTY may have to CITY; and
WHEREAS, it is appropriate for CITY to have full ownership, jurisdiction, and
maintenance responsibility for Oregon Avenue because this road is abutted entirely by property
that has been annexed into CITY; and
WHEREAS, CITY and COUNTY wish to advise the Florida Department of
Transportation ("FDOT") of the transfer provided for in this Agreement by means of 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,
126, 163, and 166, Florida Statutes (2016), and by Sections 335.0415 and 337.29, Florida
Statutes(2016); and
WHEREAS, the parties have determined that this Agreement is in furtherance of the
community health, safety and welfare and the public interest;
NOW THEREFORE, in consideration of the premises in this Agreement, the parties
hereby agree as follows:
Interlocal Agreement relating to Jurisdiction Transfer—Oregon Avenue
Seminole County/City of Sanford
Page 2 of 9
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 COUNTY to assign and
transfer to CITY ownership, jurisdiction over and full functional responsibility for Oregon
Avenue to the extent COUNTY has any such ownership, jurisdiction, or maintenance
responsibility.
Section 3. Transfer of Responsibility. Upon the Effective Date of this Agreement,
all of COUNTY's ownership, jurisdiction, rights, plenary authority, maintenance, and all other
responsibilities, duties, and obligations as to Oregon Avenue, if any, are hereby transferred to
and assumed by CITY and Oregon Avenue will be deemed a CITY street for all intents,
purposes, and effects. CITY assumes liability for any events related to Oregon Avenue
occurring on or after the Effective Date of this Agreement. COUNTY and CITY represent to
one another that they have no knowledge of any events related to Oregon Avenue occurring prior
to the Effective Date of this Agreement that could give rise to liability for CITY or COUNTY.
Each party assumes liability for any events not disclosed by the party and contrary to party's
representation in the preceding sentence and which would or could result in liability to the party
under controlling law. Nothing in this Agreement reimposes any liability on CITY or COUNTY
that is barred by any applicable statute of limitation, sovereign immunity, or controlling law as of
the Effective Date of this Agreement. Nothing in this Agreement imposes any liability on
COUNTY that did not exist prior to the Effective Date of this Agreement.
Section 4. 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 in this
Agreement. All other policies, rules, regulations, and ordinances of COUNTY and CITY will
Interlocal Agreement relating to Jurisdiction Transfer—Oregon Avenue
Seminole County/City of Sanford
Page 3 of 9
continue to apply as to properties located within the jurisdictional boundaries of each party. The
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 in this
Agreement.
Section S. Restoration of Mayfair Oaks Pond. CITY has entered a contract for
perfonnance of the work needed to restore the Mayfair Oaks Pond for$45,400.00. The CITY has
completed this work. Within 30 days of the Effective Date of this Agreement COUNTY shall
pay to CITY $22,700.00. This payment by COUNTY is in full satisfaction of any and all
obligations COUNTY may have regarding the Mayfair Oaks Pond.
Section 6. Prior CITY Actions Regarding Oregon Avenue. CITY acknowledges
that COUNTY has no responsibility or liability for any prior action taken by CITY with respect
to Oregon Avenue including: (a) CITY's Ordinance No. 3678, adopted on November 26, 2001
and recorded on November 28, 2001 in Official kecord Book 4228, Page 494, et seq., vacating
part of Hughey Street a/k/a Oregon Avenue; (b) the design and construction work on Oregon
Avenue in 2000-2001 relative to which the CITY rejects any liability on its part; and (c) all other
actions taken by CITY regarding Oregon Avenue.
Section 7. Other Agreements. The parties agree to execute such instruments and
documents as may be required to effectuate this Agreement.
Section S. Employee Status. Persons employed by CITY in the perfonnance of
services and functions pursuant to this Agreement are deemed not to be the employees or agents
of 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
COUNTY's officers and employees either by operation of law or by COUNTY. Persons
Interlocal Agreement relating to Jurisdiction Transfer—Oregon Avenue
Seminole County/City of Sanford
Page 4 of 9
employed by COUNTY in the performance of services and functions pursuant to this Agreement
are deemed not to be the employees or agents of 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 CITY's officers and employees either by operation of
law or by CITY.
Section 9. Indemnification. Neither party to this Agreement, its officers, employees,
or agents may be deemed to assume any liability for the acts, omissions, or negligence of the
other party, its officers, employees, or agents, except as provided by this Agreement. To this
end, neither party waives its protections under sovereign immunity afforded under controlling
law nor does either party accept any liability for its acts beyond the scope and Iii-nits set forth in
Section 768.28, Florida Statutes(2016).
Section 10. Notice. Any notice delivered with respect to this Agreement must be in
writing and will be deemed to be delivered (whether or not actually received) when (i) hand-
delivered to the persons designated below, or (ii) when deposited in the United States Mail,
postage prepaid, certified mail, return-receipt requested, addressed to the person at the address
for the party as set forth below, or such other address or to such other person as the party may
have specified by written notice to the other party delivered according to this section:
As to COUNTY:
Public Works Director
200 West County Home Road
Sanford, FL 32773
As to CITY:
City Manager
300 North Park Avenue
Sanford, FL 32271
Interlocal Agreement relating to Jurisdiction Transfer—Oregon Avenue
Seminole County/City of Sanford
Page 5 of 9
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 together constitute one and the same instrument
Section 12. Entire Agreement.
(a) It is understood and agreed that the entire agreement of the parties is contained in
this Agreement, which supersedes all oral agreements, negotiations, and previous agreements
between the parties relating to the subject matter of this Agreement.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement will be valid only when expressed in writing and duly signed by both parties, except
as otherwise specifically provided in this Agreement.
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. This Agreement is not
intended to confer and does not confer any rights or remedies upon any person other than CITY
or COUNTY.
Section 14. Public Records Law.
(a) CITY and COUNTY acknowledge each other's obligations under Article 1,
Section 24, Florida Constitution, and Chapter 119, Florida Statutes (2016), as this statute may be
amended from time to time, to release public records to members of the public upon request.
CITY and COUNTY acknowledge each other is required to comply with Article 1, Section 24,
Florida Constitution and Chapter 119, Florida Statutes (2016), as this statute may be amended
from time to time, in the handling of the materials created under this Agreement and that this
statute controls over the terms of this Agreement.
Interlocal Agreement relating to Jurisdiction Transfer—Oregon Avenue
Seminole County/City of Sanford
Page 6 of 9
(b) Failure to comply with this Section will be deemed a material breach of this
Agreement, for which the non-breaching party may terminate this Agreement immediately upon
written notice to the breaching party.
Section 15. Conflict of Interest.
(a) Each party agrees that it shall not engage in any action that would create a conflict
of interest in the performance of its obligations pursuant to this Agreement with the other party
or which would violate or cause third parties to violate the provisions of Part 11I, Chapter 112,
Florida Statutes (2016), as this statute may be amended from time to time, relating to ethics in
government.
(b) Each party hereby certifies that no officer, agent or employee of that party has any
material interest (as defined in Section 112.312(15), Florida Statutes (2016), as this statute may
be amended from time to time, as over 5%) either directly or indirectly, in the business of the
other party to be conducted here, and that no such person will have any such interest at any time
during the term of this Agreement.
(c) Each party has the continuing duty to report to the other party any information
that indicates a possible violation of this Section.
Section 16. Severability. If any provision of this Agreement or the application of this
Agreement to any person or circumstance is held invalid, it is the intent of the parties that the
invalidity will not affect other provisions or applications of this Agreement that can be given
effect without the invalid provision or application, and to this end the provisions of this
Agreement are declared severable.
Interlocal Agreement relating to Jurisdiction Transfer—Oregon Avenue
Seminole County/City of Sanford
Page 7 of 9
Section 17. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only, do not constitute a part of this Agreement, and
may not be used to define, describe, interpret or construe any provision of this Agreement.
Section 18. Effective Date. The Effective Date of this Agreement will be the date
when the last party has properly executed this Agreement as determined by the date set forth
inunediately below the respective signatures of the parties.
IN WITNESS WHEREOF, the parties have made and executed this greement for the
purposes stated above.
ATTEST: CITY OF SANFO
, Clerkt,N �' JEFF TRIPLE Vy
Date:
Approved as to form and legality for
the use and
liance of Sanfor onl .
'ye
f William L. Colbert,City Attorney
[Balance of this page intentionally blank;signatory continues on page 9.]
Interlocal Agreement relating to Jurisdiction Transfer—Oregon Avenue
Seminole County/City of Sanford
Page 8 of 9
x
- 3 BOARD OF COUNTY COMMISSIONERS
ATTESEMINOLE COUNTY,FL RIDA
r
N HORA ,Chairman
C ..G1c-tom Board of
1County�Cornirriissioners of
Seminole County, Florida. ate: r'�
For the use and reliance of As authorized for execution by the Board of
Seminole County only. County Commissioners at its
2417,regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
DGS/dre
1/27/17
Exhibit"A"—Map
P:\Users\dedge\My DocumentslAgt'20I7\San1'ord Interlocal(Road Transfer Oregon Avenue)3rd version.doc
Interlocal Agreement relating to Jurisdiction Transfer—Oregon Avenue
Seminole County/City of Sanford
Page 9 of 9
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