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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 1 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. 2 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 3 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 4 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 . n~~~ LNG/gn 5/7/90 LNG/gg 06/22/90