385-Rand Yard Road RAND YARD ROAD MAINTENANCE
INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY AND THE CITY OF SANFORD
THIS AGREEMENT, entered into this 16th day of
July , 1990 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 "COUNTY") and the CITY OF SANFORD, a Florida
municipal corporation, whose address is 300 N. Park Avenue,
Sanford, Florida 32771, (hereinafter "CITY").
WITNESSETH:
WHEREAS, the parties hereto have the common power to construct
and maintain roads within their geographical jurisdictions; and
WHEREAS, certain local roads are located partially in the
COUNTY and partiallyin the CITY; and
WHEREAS, certain roads that once were in the COUNTY road
system are now located as a result of annexations within the
jurisdictional boundaries of the CITY; and
WHEREAS, Rand Yard Road, north of State Road 46, is a road
which is located partially within the CITY and partially within the
COUNTY.
WHEREAS, the COUNTY and the CITY are agreeable to transferring
full functional responsibility for a portion of Rand Yard Road
(located partially in COUNTY and partially in CITY) to the CITY;
and
WHEREAS, certain developments require the issuance of right-
of-way utilization permits in order to proceed; and
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WHEREAS, this Agreement is authorized pursuant to the
provisions of Section 163.01, Florida Statutes, which authorizes
the exercise by Agreement of two or more public agencies of any
power common to them.
NOW, THEREFORE, in consideration of the promises and the
mutual covenants contained herein to be undertaken by the respec-
tive parties hereto, the parties mutually agree and covenant as
follows:
SECTION 1. PURPOSE. The purpose of this Agreement is for
the COUNTY to assign and transfer full functional responsibility
for a portion of Rand Yard Road, which is located partially inthe
COUNTY and partially in the CITY, to the CITY.
SECTION 2. TRANSFER OF RESPONSIBILITY. Upon the date that
this Agreement is executedby both parties, the CITY shall have the
responsibility for the operation and maintenance of that portion of
Rand Yard Road lying north of State Road 46. All of the COUNTY's
responsibilities and obligations as to said portion of Rand Yard
Road shall be assumed by the CITY. In addition to the transfer of
authority to the CITY provided for herein, the parties shall
jointly apply, in accordance with the provisigns of Section
335.04(1)(b)4, Florida Statutes, to the Florida Department of
Transportation for the Department to functionally evaluate Rand
Yard Road and classify said portion of Rand Yard Road as a CITY'
street; provided, however, that the results of such application
shall not affect the provisions of this Agreement.
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SECTION 3. PAVING OF RAND YARD ROAD. On or before October
1, 1990 the COUNTY shall cause the roadbed of Rand Yard Road north
of Narcissus Avenue to be resurfaced said paving to be accomplished
under the supervision of the County's Roads Superintendent and
under the direction of the County's Director of Public Works.
SECTION 4. FUTURE RAND YARD ROAD DEVELOPMENT. The CITY
covenants and agrees with the COUNTY that all developers of
property located within the CITY or within the COUNTY whose
property abuts Rand Yard Road shall be required, as a condition
precedent to development approval, to dedicate to the COUNTY land
necessary to create a one-half (1/2) right-of-way, as determined
necessary under the provisions of the applicable land development
regulations, to the extent that such regulation may be legally
enforced, as to all property owned by any developer developing
property abutting Rand Yard Road. After such time as the Florida
Department of Transportation shall. functionally reclassify Rand
Yard Road as a CITY street such dedications shall be made to the
CITY.
SECTION 5. OTHER COUNTY ROADS WITHIN THE CITY. Consistent
with and to reaffirm the provisions of the Agreemen~ of the parties
relating to Bevier Road, dated September 14, 1987, as to all other
roads within the County road system, when any development occurs on
or upon any property. located within the jurisdictional boundaries
of the CITY which property abuts a road within the County road
system; the CITY, to the extent of its ability, agrees with the
COUNTY that, as a condition precedent to development approval, the
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owner of said property shall be required to dedicate to the COUNTY
a one-half (1/2) right-of-way consistent with the future right-of-
way requirements of the Seminole County road system as set forth in
the Seminole County Planning Guidelines for Transportation.
SECTION 6. CITY ROADS ABUTTING DEVELOPMENT IN THE COUNTY.
Consistent with and to reaffirm the provisions of the Agreement of
the parties relating to Bevier Road, dated September 14, 1987, the
COUNTY agrees that it will, when any development occurs on property
located within the jurisdictional boundaries of the COUNTY which
property abuts a CITY street, to the extent of its ability,
require, as a condition precedent to development approval, the
owner of said property to dedicate to the CITY a one-half (1/2)
right-of-way consistent with future right-of-way requirements of
the CITY.
SECTION 7. LIMITATIONS OF AGREEMENT.
(a) It is not the intent of this Agreement to change or
modify the jurisdiction of the parties in any manner except as
specifically provided for 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 maintenance of side roads,
street name signs and stop signs are the responsibility of the
party in which they are located.
(b) Should the Florida Department of Transportation
functionally reclassify Rand Yard Road as a collector road in the
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future and reclassify Rand Yard Road into the County road system,
such determination shall prevail over the terms of this Agreement.
SECTION 8. EMPLOYEE STATUS. Persons employedby the CITY
in the performance of services and functions pursuant to this
Agreement shall not be deemed to be COUNTY employees nor shall they
have any claim to pension, worker's compensation, civil service or
other employee rights or privileges granted by the COUNTY to its
officers and employees.
SECTION 9. INDEMNIFICATION. Neither party to this Agree-
ment, its officers, employees or agents shall be deemed to assume
any liability for the acts, omissions or negligence of the other
party, its officers, employees or agents.
SECTION 10. NOTICES. Whenever either party desires to give
notice unto the other, notice may be sent to:
FOR COUNTY
County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
FOR CITY
City Manager
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
SECTION 11. EFFECTIVE DATE. This Agreement shall take
effect on the date that it is executed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the date first above written.
~%T R. D ~_HOE, Clerk By: r
Date: ~ r/~ - ~
BOARD OF COUNTY COMMISSIONERS
of ~ By: SANDR~. LL~2 a
~ GLE h lrman
County Comxnissioners Of Date: ~[P 4 ~9~N
seminole county, Florida.
For the use and reliance As authorized'for execution
of Seminole County on~y. by the Beard o~ County ~o~is?
Approved as to form and r~e 1 ~e
legal ufficienc .
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LNG/gn
5/7/90
LNG/gg
06/22/90