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346-Jewett Lane ~da T~IS AGREEMENT entered into this/~ y of g-/fL~, , 1989 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 partially in the CITY; and WHEREAS, certain roads in the COUNTY road system are located within the jurisdictional boundaries of the CITY; and WHEREAS, the COUNTY and the CITY are agreeable to transferring full functional responsibility for a portion of Jewett Lane (located partially in COUNTY and partially in CITY) to the CITY; and WHEREAS, the CITY desires to cooperate with the COUNTY in acquiring necessary right-of-way for the expansion and upgrading of roads in the COUNTY road system which are located within the jurisdictional boundaries of the CITY; and WHEREAS, certain developments require the issuance of right-of-way utilization permits in order to proceed; and W~EREAS, this Agreement is authorized pursuant to the provisions of Section 163.01, Florida Statutes, which authorizes the exercise by Agreement of two (2) 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 respective parties hereto, the parties mutually agree and covenant as follows: 1 SECTION 1. PURPOSE. The purpose of this Agreement is for the COUNTY to assign and transfer full functional responsibility for a portion of Jewett Lane, which is located partially in the COUNTY and partially in the CITY, to the CITY. SECTION 2. TRANSFER OF RESPONSIBILITY. Upon the date that this Agreement is executed by both parties, the CITY shall have the responsibility for the operation and maintenance of that portion of Jewerr Lane lying between Airport Blvd. and its Western limits located six hundred sixty feet (660') West of Kennel Road. All of the COUNTY's responsibilities and obligations as to said portion of Jewerr Lane 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 provisions of Section 335.04(1)(b)4, Florida Statutes, to the Florida Department of Transportation for the Department to functionally evaluate Jewerr Lane and classify said portion of Jewett Lane as a CITY street; provided, however, that the results of such application shall not affect the provisions of this Agreement. SECTION 3. 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 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. SECTION 4. EMPLOYEE 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 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. 2 SECTION 5. 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, employees or agents. SECTION 6. NOTICES. Whenever either party desires to give notice unto the other, notice may be sent to: FOR COUNTY Kenneth R. Hooper County Manager Seminole County Services Building 1101 East First Street Sanford, Florida 32771 FOR CITY Frank A. Faison City Manager City of Sanford 300 N. Park Avenue Sanford, Florida 32771 SECTION 7. 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. ATTEST: CITY OF SANFORD (SEAL) Date: aune 13. 1989 ATTEST~ BOARD OF COUNTY COMMISSIONERS ~ · Cl~th~e~:~oard of Chairman 'C~unty Commissioners of seminole County, Florida. Date: For the use and reliance As authorized for execution T19 ,regular meeting. legal s fficiencx ~ LNG/gg 041789 3