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629-Goldsboro School Joint Pond AN IN'r~RLOCAL AGREEMENT BETWEEN Title CITY OF SANFORD AND ~ SCHOOL BOARD OF SEMINOLE COUNTY This I~T~RLOCAL AGP,~BI~ENT (the "Agreement") is made and entered into by the CITY OF SANFORD, a body corporate existing under the laws of the State o[ Florida (the "City") and the SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA, a corporate body existing under the laws of the State of Florida (the "School Board"). WHRREAS, the parties to this Agreement have determined to collectively utilize their individual powers in the public interest to promote the expeditious expansion and on-site drainage improvement of Goldsboro Elementary School; and WHERIEAS, the parties to this Agreement have determined to collectively utilize their individual powers in the public interest to promote the expeditious and cost eifective improvement of the stormwater drainage system associated with Mill Creek; and WHEREAS, the State Regulations for Educational Facilities of the Florida Administrative Code govern the planning and construction of schools in Seminole County, and the Comprehensive Plan and Land Development Regulations govern planning and construction in the City of Sanford; and WHEREAS, Section 235.193, Florida Statutes, requires the coordination of planning between the School Board and the City of Sanford; and WHEREAS, the City and the School Board serve the same public constituency. THEREFORE, in consideration of the premises and for good and valuable consideration, receipt of which is hereby acknowledged by both parties, the parties hereby agree, stipulate, and covenant as follows: 1. The School Board desires to improve and expand facilities at Goldsboro Elementary School located in the City of Sanford. A necessarypart Of this expansion will be the increase in on- site stormwater retention facilities as requiredby the rules of both the City of Sanford and of the St. Johns River Water Management District (SJRWMD). 2. The City of Sanford has an approved Stormwater Improvements Master Plan for improvement of drainage along Mill Creek, of which a part of this conveyance system traverses along the south and west boundaries of the Goldsboro Elementary School property. One element of the drainage master plan includes provision of new stormwater retention/detention facilities along the drainageway. A portion of the existing Goldsboro Elementary School property immediately adjacent to the existing drainageway has been identified as a good potential site for establishment of a new stormwater retention/detention facility under the approved master plan. 3. It has been determined that the City and School Board needs addressed in the two (2) preceding paragraphs can be met within a joint use facility which has been properly designed, permitted, and constructed. The general location and dimensions of the planned joint stormwater retention facility, physical characteristics of this facility, and enclosing fencing are as shown on Attachment "A", hereto. 4. The joint use stormwater drainage facility is proposed to be a wet detention pond. Of the total stormwater storage capacity in the pond as measured between the normal water level (orifice level) and the peak overflow water level, a capacity not to exceed 5.0 acre-feet will be allocated to the School Board for the Goldsboro Elementary School renovations project. The remainder of the stormwater storage capacity in the pond shall be utilized by the City as part of the Mill Creek Drainage Improvement Project. 5. The City agrees to fund desiSrn, permitting, and construction of this joint use stormwater facility pond and to maintain the easement area, pond and surrounding fencing. Should the joint use pond facility be found non-permittable by the SJRWMD, the City shall not be held responsible for the construction of said facility, nor shall the School Board be bound to provide said drainage easement. 6. The School Board agrees to provide a suitably drawn, ~/tually acceptable, perpetual drainage and access easement to the City of Sanford providing for the joint stormwater drainage function. The School Board also agrees to provide the City with school renovation plans and information as may be needed for the City to obtain a permit from the SJRWMD. The School Board will be responsible for the design and construction of any new or improved stormwater collection systems internal to the school facilities. The School Board will provide the City with stormwater drainage information for the proposed school renovations, including but not limited to surface drainage patterns, drainage sub-basin delineations, and impervious area quantities. The City will not be responsible for any design, permitting, construction, or other for any improvements to the existing stormwater pond located on the School Board property. 7. The School Board agrees that any fill placed upon the School Board property with regard to the Goldsboro Elementary School renovations will not be placed in such a manner as to decrease the presently available flood storage, except as clearly shown on Goldsboro Elementary School Scheme C Site Plan (as prepared by Matz Design Associates, dated 1/17/96), without providing ~ for flood storage compensation in accordance with both City .= and SJRWMD requirements. 8. All notices and clarifications required under this Agreement !. shall be directed to the following offices: For the City: Sanford City Manager · P.O. Box 1788 Sanford, Florida 32772~1788 For the School Board: Superintenden~Ex. Dir. Fac., Planning Seminole County Public Schools 400 East Lake Mary Boulevard Sanford, Florida 32773 9. Each Of the parties hereto agree that they will execute and deliver such further instruments and do such further acts and things as may be necessary or desirable to carry out the purpose of this Agreement. 10. Employee Status: a. Persons employed or retainedby the School Board or the City in the performance of services and functions pursuant to this InterlocalAgreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the other party's officers and employees either by operation of the law or by the other party. b. The City assumes total responsibility for the 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 City only, and agrees to indemnify and hold the School Board harmless from any responsibility for same. c. The School Board assumes total responsibility for the salaries, employment benefits, contractual rights and benefits, contract payments, and federal, state and local employment taxes, if any, attributable to personnel or contractors hiredby the School Board only, and agrees to indemnify and hold the City harmless from any responsibility for same. 11. This InterlocalAgreement 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 WITNESS WHEREOP, the parties hereto have caused this instrument to be signed in their respective names by their proper 1996. sm~!R-d~ c~o,um~r,~ PUBLXC SCHOOLS~ CX~ OF ~0~ Print Name Print Name Dated: ~'j~' ~ Dated: q- ~7' q~ Attest: ~--~d~ Atte~~ (~1 Agreemnt\golds-b.oro) '~'P BY:HOLT SURUEYING, INC ; 9--17-96 9:111:~'4; 6299 4B? ~3S B'74~;i:I ' """' "~" ' '7 ' · '?' -.. ,.~,-~."~:~i'~'~:'<' ~ '.'....,~':., 5~~ ,.,i,~..:.....,. ?.:..,.,',-~.....,. , 'l .~, ""' ' ;'.'~' . . ' ~/...,.', '~ ~'~"' ~ m~ m~ ~m ~ , ~ /Point of ' / ~11 Curve Data ~ Point o/ anin8 · - 5;: "'- . ~~~ Radi~ ~ ~ , ~ $ Delta = ~ '~;,~, -,~ ~ .,....t '~=~ · , '.~.. ,': ~ ~o~nt~ .~,, ,.~ "'.. ,., '~.'.~..':,~ :I