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289-Road Maintenance ROAD NAINTENANCE AND RIGHT-OF-WAY DEDICATION INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF SANFORD THIS AGREIEMENT, entered into this /~/~/ day of f~/'-~z/~/~/e , 1987 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 jurisdic- tionsl 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 transferlng full functional responsiblillty for a portion of Bevier Road (located partially in COUNTY and partially in CITY) to the CITYI 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 juris- dictional boundaries of the CITY~ and WHEREAS, certain developments require the issuance of right-of-way utilization permits in order to proceed~ and 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. -1- 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 responsibil- ity for a portion of Bevier Road, 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 Bevier Road lying between State Road 46 and Jewett Lane. All of the COUNTY'S responsibilities and obligations as to said portion of Bevier 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 provisions of Section 335.04(1)(b)4, Florida Statutes, to the Florida Department of Transportation for the Department to functionally evaluate Bevier Road and classify said portion of Bevier Road as a CITY street; provided, however, that the results of such application shall not affect the provisions of this Agreement. SECTION 3. PAVING OF BEVIER ROAD. Within one hundred twenty (120) days of the effective date of this Agreement, the CITY shall cause the roadbed of Bevier Road to be paved with twenty-four feet (24') of pavement width said paving to be accomplished in conformity with Bevier Road reconstruction plans to be submitted to the County Engineer for, and subject to, his approval. SECTION 4. REQUIREMENTS AS TO LON RESEARCH. The CITY shall, within five (5) days of the date that this Agreement is exe- cuted, obtain from the developer of that development within the CITY known as the LON RESEARCH development, the dedication to the COUNTY of a thirty foot (30') one-half right-of-way for Bevier Road as to all property owned by the developer of said development abutting Bevier Road. -2- SECTION 5. FUTURE BEVIER ROAD DEVELOPMENT. The CITY covenants and agrees with the COUNTY that all developers of prop- erty located within the CITY or within the COUNTY whose property abuts Bevier Road shall be required, as a condition precedent to development approval, to dedicate to the COUNTY a thirty-five foot (35') one-half (1/2) right-of-way as to all property owned by any developer developing property abutting Bevier Road. After such time as the Florida Department of Transportation shall functionally reclassify Bevier Road as a City street such dedications shall be made to the CITY. SECTION 6. OT~ER COUNTY ROADS WITHIN THE CITY. As to all other roads within the County road system, when any development occurs on or upon any property located within the jurisidictional 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 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 7. CITY ROADS ABUTTING DEVELOPMENT IN THE COUNTY. 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 8. LIMITATIONS OF AGREEMENT. (a) 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 -3- 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 Bevier Road as a collector road in the future and reclassify Bevier Road into the County road system, such determination shall prevail over the terms of this Agreement. SECTION 9. 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. SECTION 10. 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 11. NOTICES. Whenever either party desires to give notice unto the other, notice may be sent to: FOR COUNTY Kenneth R. Hooper County Administrator 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 12. EFFECTIVE DATE. This Agreement shall take effect on the date that it is executed by both parties hereto. -4- IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first above written. ATTEST: CITY OF SANFORD B TTY~D. SMITH, Mayor BOARD OF COUNTY COMMISSIONERS ATTEST: SEMINOLE COUNTY, FLORIDA DAVID ~ By: ~\ ii I man Board of County Commissioners of Date: ~/~/~7 Seminole County, Florida. For the use and reliance As authorized for execution of Seminole County only. ~ by the Board of Cou ty Commis- Approved as to form and sioners at their n~.' ~ ' legal sufficiency. 19_~Q, regular me~ti LNG/gg 082487 RAM/gg 090487 -5-