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345-Cochran Trail· /"' ""~ CERTIFfED COPY " ~ARYA~N~ ~ORSE OLERKOFCIRCUiTOOURT P SEMINOLE COUNTY, FLORIDA INTEI:E, OCAL'AGREE"ENT BEatEN SEMINOLE COUNTY AND THE CITY OF SANFORD BY ' DEPUTy CLERK RELATING TO COCHRAN TRAIL TEMPORARY RIGHT-OF-WAY UTILIZATION PERMIT THIS AGREEMENT is made and entered into this c~_~~3 day of F~{' ~.. , 1989 by and between SEMINOLE COUNTY, a political subdivision of the State of Florida~ whose address is ~eminole County Services Building, 1101 East First Street, Sanford, Florida 3277~, (hereinafter "COUNTY") and the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida ~'~71, (hereinafter "CITY"). WIT,NESSETH: WHEREAS, the CITY desires to obtain a temporary right- of-way utilization permit relating to Cochran Trail from the COUNTY for an indefinite period of time in order for the CITY to accomplish the development of so-called "Site 10" for the purposes of agriculturai reclaimed water irrigation; and WHEREAS, the CITY requires the issuance of said right- "~f~way utilization permit in order'to'--proceed'-with--its 'project; and WHEREAS, the COUNTY has jurisdiction over the unopened Cochran Trail which tr'averses 'property owned by the CITY known as "Site 10" which lies East of Lake Jessup and South of State Road 46; and WHEREAS, the COUNTY desires to assist the CITY insofar as it practically can in its efforts. 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: SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. 1 SECTION 2. PURPOSE. Thei purpose of this Agreement is for the COUNTY to grant a temporary' right-of-way utilization permit over unopened COUNTY right-of-way known as Cochran Trail to the CITY. 1 SECTION 3. TERM OF PERMIT. Although indefinite in length, the permit issued hereunder is temporary. If the COUNTY, subsequent to the issuance of this permit, requires the right-of- way which is the subject of this A~reement for a public purpose, theCITY agrees to restore ~he subject right-of-way to a condition e~uivalent to or better than that which existed on the date that the CITY commenced its work'within said right-of-way. The C~ONTY agrees to provide the CITY with reasonable prior notice of the CITY'S obligation to cease work within the right-of-way and to restore the ~ight-of-way as stated above. · SECTION 4. PERMIT ISSUED/INCORPORATION BY REFERENCE. The CITY agrees to fully abide by the terms and conditions of the attached permit issued by t.he COUNTY (said permit being incorporated herein as if ~u'lly'S~"f6rt~rein verbatim) as well as all of the terms and conditions of this Agreement. SECTION 5. LIMITATIONS OF AGREEMENT. It is not the intent of this Agreement to change the jurisdiction of the parties in any manner. All policies, rules, regulations and ordinances of the COUNTY will continue to apply as to the Cochran Trail right-of-way. SECTION 6. INDEMNIFICATION. Except as provided in the permit incorporated herein, neither party to this Agreement, its o'~ficers, 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 7. NOTICES. Whenever either party desires to give notice unto the other, notice may be sent to: FOR COUNTY Jerry McCollum County Engineer 274 Bush Boulevard San~ord, Florida 32771 FOR CITY Frank A. Fa~son City Manager City of Sanford 300 North Park Avenue Sanford, Florida 32771 SECTION 8. EFFECTIVE DATE. This Agreement shall take effect on the date that it is executed by both parties hereto. IN WITNESS W~EREOF, the parties hereto have made and executed this Agreement on the date~first above written. ~TTEST: CITY OF.S~NFORD ~.~N DONAHOE~ Clerk 'BE~TY~D. SMITH, Mayor Date: Jun~ 13, 1989 BOARD OF COUNTY COMMISSIONERS ATTEST: SEMINOLE COUNTY, FLORIDA  GLENN the Board of ' county CommissiOners of. Date: ~UN ZO ~B~ Seminole County, Florida. For use and benefit of As authorized for execution of Seminole County only. by the Board of Cp n~t~.Commis- legal sufficiency. ' g i LNG/mad 05/11/89 Check Appropriate Block. SITE ................. [3 DRIVEWAY ............. [] UNDERGROUND UTILITIES, SUBDIVISION .......... D OPENING ROAD ......... {] (WATER & SEWER) ..... RIGHT-OF-WAY UTIL. ---~ OTHER-CONSTRUCTION ~_.El EMERGENCY REPAIRS .... C] · ~;. ~..; ... .SECTION I GENERAL INFOPJ4ATION : .' Applicants Name: Frank A. Faison, City Mgr~irm Name: City of Sanford Address: P.O. BOx 1778 Sanford, Florida 32772-1778 Phone No: 330-5600 De~crlptio. of Proposed Work: AcTricultlLre with ' Sched. Start Date: 1990 · ' Reclaimed Water Irrigation qether wi h a ~aCen Cit c~ed SDCIlON:__7_~ TOWNSHIP: ~O SOUTH RANGE: 31 EAST 8EC'rION II CO)4PLETE T~I8 8EC'rlON POR RIGHT OF WAY UTILIZATION PER~IIT BEQUEST NUMBER AND TYPE DF ROAD CROSSINGS ~NONE " OPEN CUT (PAVED) __OPEN CUT (UNPAVED} BORE/JACK Letter of Notification sent to the following Agencies on {Indicate Name of Agency):. N/A Indefinite"use' of Cockran Tr~l within City owned Site 10. WATE~ N/A ELECTR]C N/A SEWER N/A GAS N/A I D~ TELEPHONE N/A OTHER N/A 8ECTIOK !II COAiPLETE TH IS SECTION FOR UNDERGROUND FrlLITY PERMIT REQUEST TITLE OF APPROVED PLANS AND DATE OF APPROVAL (IF APPLICABLE): · Underground Utility Cost (Contract Amount) $ ;' , , - , .... _ ISECTIOX IV OFFICE USE ONLY .. PERMIT N0. FEE: $ DISTRICT N0. PERMIT NO. FEE: $ ' RECEIPT NO. ENGINEERING ESIIMAIE ~ FIXED CONTRACT PRICE FEE PAYMENT RECORD: INITIAL PAYMENT $ DATE FINAL PAYMENT $ DATE ~lHIS PERMI', EXPIRES ON: ) APPLIC~TIO){ APPROVED iCONSIRUCTiOK STARTED: For the County Engineer !SECTION V PERMIT COMPLETED[Z] PERMIT NOT COMPLETED[Z] PERMIl EXPIRED~ iCOMMENTS: DATE: ' l { INSPECTOR: ]MPORTAI~T: SEE INSIRUCTIONS AND COI~DITIOhS 0~ REVERSE 9F THIS PERMIT White-Project File;Lt. Yellow-Public Works Finance Fiie;Pink-]nSDectors File;GoldenRod-Applicant