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491-Seminole-Oregon Ave
INTIil~LOCAL AGBEEMENT BETWEIN SEMINOLE COUNTY AND THE. CITY OF SANFORD IIRIATING TO OREGON AVENUE 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 the "COUNTY') and the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida, 32771, 01ereinafter the "CITY")~ WITNESSETH: WIrEREAS, the parties hereto have the common power to construct and maintain wads within their geographical jurisdictions; and WIW, REAS, certain local roadswithln Seminole County, Florida, are located partially in the COUNTY and partially in the CITY; and WIn~.REAS, certain roads in the jurisdictional boundaries of the COUNTY road system are located within the boundaries of the CITY; and WBRREAS, the COUNTY and the CITY are agreeable to transferring full functional responsibility for a portion of Oregon Avenue (located partially in COUNTY and partially in CITY) to the CITY; and · t I WHRREAS, the CITY desires to cooperate with the COUNTY in acqniring necessary fight-of-way for the expansion and upgrading of wads within the COUNTY wad system which are located in the jurisdictional boundaries of the CITY: and WltEREAS, certain developments require the issuance of right-of-way utilization permits and construction in order to proceed; and WHEREAS, the CITY and the COUNTY wish to advise the Florida Department of Transportation ("FDOT') of the transfer and obtain acknowledgment of said transfer fwm FDOT; and W!tF. REAS, this Agreement is authorized pursuant to the provisions o f Chapters 163, 166 and 125, Florida Statutes, and Sections 335.04 and 337.29, Florida Statues; and CERTIFfED COPY ~ ~ARY,~.NNE f~ORSE CLERK OF CIRCUIT COURT WI~REAS, the parties hereto have determined that this Agreement is in furtherance of the community health, safety and welfare and the public interest. NOW TI~.REFORE, in consideration of the premises herein, the parties hereby agree as follows: SECTION 1. RECITALS. The above redtais 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 jurisdiction over and full functional responsibility for a portion of Oregon Avenue, which is located partially in the COUNTY and partially in the CITY. SECTION 3. TRANSFER OF RESPONSIBHITY. Upon the date of this Agreement as executed by both parties and the execution of the Interlocal Transfer attached hereto as Exhibit "B" to this Agreement, said Exhibit being incorporated herein by this reference thereto as ff fully set forth verbafim~ the CITY shall have plenary, full and complete control and authority over the responsibility for the functional operation and maintenance of that portion of Oregon Avenue lying between the State Road 46 south right- of-way and Rinehart Road west right-of-way line. All of the COUNTY's right's responsibilities, liabilities, duties and obligations as to the said portion of Oregon Avenue shall be transferred to and assumed by the CITY by operation of this Agreement and the Interlocal Transfer. From the date of the execution of the Interlocal Transfer, the subject readway shall be deemed to be a CITY street for all intents, purposes and effects. In addition to the transfer of authority to the CITY provided for herein, the parties shall jointly apply, in accordance with the provisions of Section 335.04(1)(b)4, Fbtida Statutes, D artm to to the Fbrida Department of Transportation for the ~p" ent functionally evaluate .dregon Avenue and classify Oregon Avenue as a CITY street; provided, however, that the : results of such application shall not affect the provisions of this Agreement. SECTION 4. LIMITATIONS OF AGREEMENTS. 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 parties hereto. The maintenance of side roads, street name signs and stop signs are the responsibilities of the parties in which such roads and signs are located, except as otherwise proved herein. SECTION 5. OTltE, R AGREEMF,,NI~. The parties agree to execute such instwments and documents as are required to effectuate this Agreement to or with the FDOT. Should the FDOT functionally reclassify that portion of Oregon Avenue included within this agreement as a collector mad in the future and rectassify it into the COUNTY read system, such determination shall prevail over the terms of this Agreement The parties will seek the execution of the Acknowledgment set forth as Exhibit "C" by the FDOT. Said Exhibit is incorporated herein by this reference as if fully set forth herein verbatim. SECTION 6. EMPLOYIll STATUS. Persons employed by the CITY in the performance of services and functions pursuant to this Agreement shall not be deemed to be COUNTY employees or agents nor shall they have any claims to pensions, worker's compensation, civil service or other c~nployee rights or privileges 8ranted by the COUNTY to its offices and employees. SECTION 7. INDEMNIFICATION. Neither party to this Agreement, its officers, employees or agents shall be deemed to assume any liability for the acts, omissions or negligence of the other party, its officers, employee or agents; provided, however, that the terms of the Interlocal Transfer and Section 2 hereof shall be deemed incorporated in this Section and shall prevail as to liability over the portion of Oregon Avenue transferred hereby. SECTION 8. NOTICES. Whenever either lmrty desires to give notice trot0 the other, notice may be sent to: For the COUNTY Ron H. Rabun, County Manager Seminole County Services Building 1101 East First Street Sanford, Hotida 32771 For the CITY Bill Simmons, P.E., City Manager City of Sanford 300 North Park Avenue Sanford, Horida 32771 SECTION 9. EFFECTIVE I}A'IT, This Agreement shah take effect on the date that it is executed by beth parties hereto. IN WITNESS WtlRRETO, the parties hereto have made and executed this Agreement on the date first above written, ATIEST: CITY OF SANFORD (SEAL) Vate:V~ ~ 1~3 As authorized for execution by the City of Sanford Comm i$~iOll lit i[3 ~]/~ , 1993. regular meeting, For use and reliance of CiD] of Sanford only. Approved as lo form mid ]cSa[ mifficiency. City Attorney Print or type name BOARD OF COUNTY COMMISSIONERS ATIEST: SEMINOLE COUNYY, FLORIDA Board BIn' ' ~n authorized for execution by the Board of County Commissioners at their ~/-~ ~3 iAJ93, regular meeting. For use and reliance of Seminole County only. Approved as to form and legal sufficiency. nty Attome EXHIBIT "A" " F'D'O.'F. R'/VV .© L~/"'I~T Exh'ibH; "B".' SEMINOLE COUNTY AND CITY OF SANFORD OREGON AVENUE INTERLOCAL TRANSFER THIS INSTRUMENT is made this t/~ F~ day of 2~, , 1993, by S!~.MINO! .E COUNTY, a political subdivision of the State of Rotida, whZddress is Senfinole Couuty Services Building; 1101 East First Street, Sanford, Rotida, 32771, (hereina~er call tile "COUNTY"), and the CITY OF SANFORD, a Rotida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida, 32771, (hereina~er called the "CITY"). WITNESSETH: THE COUNTY for and in consideration of the sum of ONE and NO/100 DOLLARS ($1.00) in hand paid by the CITY, the receipt of which is hereby acknowledged, does hereby transfer, release and convey to the CITY, its successors and assigns forever, all interest and ownership (to the extent that it has any), responsibility, liability, control, fights and authority, to include, but not be limited to, specifically, the construction, maintenance, operation, repair and any and all other responsibilities, duties and obligations for the following roadway: that portion of Oregon Avenue lying between the State Road 46 south fight-of-way and Rinehart Road west right-of-By line. (See attached sketch). The terms of the Intedocal Agreemenl which this transfer document implements are merged into this inslrument of conveyance. IN W1TNESS WHEREOF the COUNTY has caused this instrument to be executed in its name by its Board of County Commissioners ading by'the Chairman of said Board, and the CITY acknowledges acceptance of this instrument by its City Commission acting by the Mayor of said Commission, on the day and year aforesaid, . ATmsT: OF SA Om TR/. DON~-tOE, City Clerk By: BETFY~ D. SMITtt, Mayor As authorized for execution by the City of Sanford Commission at its c,7 ,1993. regular meeting. For use and reliance of City of Sanford only. Approved as to form and legal sufficiency. City Altoruey Type or Print Name ATIEST: BOARD OF COUNTY COMMISSIONERS SEMINOtE COUNTY, FLORIDA As authorized for execution by the Board of County Commissioners at their ~-~ . 1993, regular meeting. For use and reliance of Seminole County only. Approved as to form and legal sufficiency. ~,. Exhibit '~C" ACKNOWLEDGMENT OF INTERLOCAL TRANSFER BY SEMINOLE COUNTY TO THE CITY OF SANFORD RELATING TO OREGON AVENUE This Acknowledgment is made and entered into this 10th day of May ,1993. by and between the FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter the "FDOT'), the CITY OF SANFORD, a Florida municipal corporation (hereinafler rite "CITY"), and SEMINOLE COUNTY, a political subdivision of the Slate of Florids. (hereinafter Ilie "COUNTY"). WHEREAS, pursuant to Interlocal Agreement doted March 2 6 , i 993, belween the CITY and the COUNTY, a portion of Oregon Avenue was transferred by !he COUNTY to the CITY; and WHEREAS, the portion of Oregon Avenue which the COUNTY transferred to the CI'IT pursuant to the Interlocal Agreement is: That portion of Oregon Avenue lying between State Road 46 south right-of- way and Rinehart Road west right-of-way. WHEREAS, the road which was transferred is functionally classified as a "County Road' pursuant to Section 335.04, Florido Statutes; and WHEREAS, although ~he M~h ~ .1993, Interlocal Agreement does not operate to change the functional classification of the road transferred to the CITY. said Agreement in accordance with its terms is effective to transfer the responsibilities and ~uriscliction for Oregon Avenue including, but not limited to, operation and maintenance pursuant to Sections 335.04 and 337.29, Florido Statutes; and WHEREAS, the CITY and the COUNTY wish to advise the FDOT of the transfer and obtain acknowledgment of said l~ansfer from FDOT;, a~.. . ~l WHERFAS, this Acknowledgment is undertaken pursuant to Chaplets 163. 166. and i 25. Florida Statutes, and Sections 335.04 and 337.29, Florida Statutes; and WIIF~REAS, the parties hereto have dotermlned that 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 do hereby agree as follows: 1. The CITY and the COUNTY hereby advise FDOT thai they have entered into an Interlocal Agreement doted March 26 ,1993, and attached hereto as Exhibit "A" for lhe purposes stated therein. In addition, the CITY and the COUNTY advise FDOT that they have recorded an instn~ment of transfer in the Official Records of Seminole Cotrely. Horida. a copy of whid~ is attached hereto as Exhibit "B". 2. The FDOT does ,reby acknowledge the transfer a_ described herein and the Exhibits thereto. IN WITNESS WREREOF, the parties hereto have caused this Agreement to be executed for the purposes stated herein on the date and year first above written. VqI'I'NESSES: FLORIDA DEPARTMENT OF TRANSPORTATION ..... Di~t~ S~etaW ~roved as to b~ ~d ~D~tfict ATTEST: CITY OF SANFORD ~X.NETR. DON~6 , '~ er BY: M ' ' ' ' of For ~ und ~elianee of the ~ of Sanford 1~, re~hr m~tin~ stde~. ~W ARomey ~ or Print Name ATYEST: BOARD OF COUNTY COMMISSIONERS ~/~ · . , unty Commissioners of Seminole County, Florida Date: As authorized [or execution by the Board of For use and refiance of Seminole Coun.ty only. County Commissioners at their , ' ' . 1993, regular meeting. App v d