1009-Sanford Airport AuthorityCITY OF SANFORD/SANFORD AIRPORT AUTHORITY
INTERLOCAL AGREEMENT
RELATING TO STORMWATER UTILITY PAYMENTS
THIS INTERLOCAL AGREEMENT is made and entered into this
day of ~_~.¢..~J~¢"~;- , 2004, by and between the SANFORD
AIRPORT AUTHORITY, a dependent special district of the State of Florida, whose
address is, 1200 Red Cleveland Boulevard, Sanford, Florida 32773, hereinafter referred
to as the "SAA", and the CITY OF SANFORD, a Florida municipal corporation, whose
address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as
"SANFORD".
WlTNESSETH:
WHEREAS, since about November, 1998 issues have arisen between the SAA
and SANFORD relative to the payment of stormwater management utility service
charges or fees; and
WHEREAS, representatives of the SAA and SANFORD have been meeting
regularly to address the issues pertaining to the payment of stormwater management
utility service charges or fees; and
WHEREAS, the contacts and discussions between SANFORD and the SAA
have resulted in the amicable resolution of the issues that have arisen relative to the
assessment, charging and payment of stormwater management utility service charges
or fees; and
WHEREAS, the parties hereto desire to express and articulate their amicable
agreement by the approval of this Interlocal Agreement; and
WHEREAS, this Interlocal Agreement is authorized pursuant to the provision of
Chapters 163, 166 and 171, Florida Statutes, the City Charter of the City of Sanford,
Chapter 71-294, Laws of Florida, as well as other applicable law,
NOW, THEREFORE, in consideration of the mutual promises, understandings
and covenants set forth herein and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and form a
material part of this Interlocal Agreement upon which the parties have relied.
SECTION 2. PAYMENT OF STORMWATER UTILITY PAYMENTS.
(a) The parties agree that all uncollected sums due from the SAA as a result of
stormwater management utility service charges or uncollected fees and sums due from
the tenants of the SAA arising from stormwater management utility service charges or
fees accruing any time prior to the effective date of this Interlocal Agreement and
running through and until September 30, 2003 shall be forgiven and shall not be
assessed against the SAA and/or its tenants and the SAA and its tenants shall have no
obligation to pay such sums.
(b) The parties agree that, effective October 1, 2003, the SAA shall pay all sums
due to SANFORD for stormwater management utility service charges or fees, except as
provided for in Section 2 (d), in accordance with the codes and ordinances of
SANFORD. The SAA represents that prior to September 30, 2003, it has advised all
non-aviation related commercial tenants of the SAA of their obligation to pay stormwater
utility fees to SANFORD commencing on October 1, 2003 and the SAA agrees that it
shall cooperate with SANFORD to encourage all non-aviation related commercial
tenants of the SAA to make such stormwater management utility service charges or
fees payments to SANFORD.
(c) The parties agree that the provisions of all codes and ordinances of
SANFORD relating to the assessment, charging and collection of stormwater
management utility service charges or fees apply to the SAA and the tenants of the SAA
in accordance with the terms, provisions and conditions set forth in such codes and
ordinances.
(d) In consideration for the level of stormwater management and drainage
improvements provided by the SAA each year on property owned by SANFORD and by
the SAA, SANFORD shall grant the SAA and all aviation related tenants a stormwater
management utility fee credit equal to the amount of the stormwater utility fee scheduled
for each such facility. The term "facility" shall mean construction of stormwater retention,
detention, treatment and/or conveyance projects that accomplish the purposes of
SANFORD's Stormwater Management Utility Program as delineated in Article Xll,
Sanford City Code. This utility fee credit will commence on the effective date of this
Interlocal Agreement and shall continue until such time as SANFORD's City
Commission shall determine that the services provided by the SAA are not adequate to
offset the utility fee credit.
(e) Any stormwater drainage improvements accomplished by the SAA after the
effective date of this Interlocal Agreement shall be considered for a stormwater
management utility service charge or fee credit in accordance with the provisions of the
codes and ordinances of SANFORD.
SECTION 3. JOINT PLANNING/WORK BY SANFORD RELATING TO
STORMWATER SYSTEMS.
(a) The parties agree to engage in good faith joint planning efforts relating to the
stormwater needs of the SAA in relation to the plans and programs of SANFORD
relating to the stormwater management.
(b) The SAA hereby agrees to provide SANFORD with a report detailing all
stormwater management activities occurring on property owned, operated, controlled or
leased by the SAA during the previous twelve (12) months period commencing on or
before October 1 of each year beginning in 2004.
(c) The SAA and SANFORD agree to coordinate their efforts relative to
stormwater drainage needs, systems and programs when there could be a mutual
impact or effect upon the parties.
(d) SANFORD agrees to treat stormwater drainage/maintenance projects needed
on non-aviation commercial tenant property in a manner consistent with other property
owners and users of properties that are assessed the stormwater management utility
service charge or fee by SANFORD in accordance with the codes and ordinances of
SANFORD.
SECTION 4. NOTICES.
Whenever either party desires to give notice unto the other, notice may be sent
(a)
to:
SAA
Mr. Larry Dale
President and CEO
1200 Red Cleveland Boulevard
Sanford, Florida 32773
SANFORD
Mr. Al Grieshaber
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City Manager
City of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
(b) Either of the parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices or invoices.
upon receipt.
(a)
SECTION 5. INDEMNITY AND INSURANCE.
All notices shall be effective
Each party to this Interlocal Agreement is responsible for all personal injury and
property damage attributable to the negligent acts or omissions arising out of this
Interlocal Agreement of that party and the officers, employees and agents thereof.
(b) To the extent allowed by law, each party to this Interlocal Agreement shall
indemnify, save and hold harmless the other party and all of its respective officers,
agents and employees from and against all losses and all claims, demands, payments,
suits, actions, recoveries and judgments of every nature and description whatsoever,
including claims for property damage and claims for injury to or death of persons
brought or recovered against the other party to this Interlocal Agreement by reasons of
any act or omission of the responsible party, its respective officers, agents,
subcontractors or employees, in the execution of this Interlocal Agreement.
(c) The parties further agree that nothing contained herein shall be construed or
interpreted as denying to any party any remedy or defense available to such parties
under the laws of the State of Florida, nor as a waiver or sovereign immunity of either
party beyond the waiver provided for in Section 768.28, Florida Statutes.
(d) The waiver of a provision herein by either party shall not constitute the further
waiver of said provision or the waiver of any other provision.
SECTION 6. COMPLIANCE WITH LAWS AND REGULATIONS.
In performing under this Interlocal Agreement, the parties shall abide by all laws,
statutes, ordinances, rules and regulations pertaining to, or regulating the performance
set forth herein, including those now in effect and hereafter adopted. Any material
violation of said laws, statutes, ordinances, rules or regulations, subject to a reasonable
opportunity to cure, shall constitute a material breach of this Interlocal Agreement.
SECTION 7. CONSTRUCTION OF INTERLOCAL AGREEMENT. This
Interlocal Agreement shall not be construed more strictly against one party than against
the other merely by virtue of the fact that it may have been prepared by counsel for one
of the parties, it being recognized that both parties, the SAA and SANFORD, have
contributed substantially and materially to the preparation hereof.
SECTION 8. ALTERNATIVE DISPUTE RESOLUTION. Any and all disputes
arising hereunder shall be attempted to be resolved through a collaborative and
mutually acceptable informal process with open discussions and a cooperative effort
and the parties shall exercise good faith in all efforts to resolve disputes without
litigation. Whenever possible, disputes or disagreements as to the level of service and
standards of performance shall be resolved at the lowest comparable levels between
SANFORD and the SAA.
SECTION 9. EQUAL OPPORTUNITY EMPLOYMENT. Both SANFORD and the
SAA shall assure that no person shall be excluded on the grounds of race, color, creed,
national origin, handicap, age, or sex from participation in, denied the benefits of, or be
otherwise subjected to discrimination or sexual harassment in any activity pursuant to
this Interlocal Agreement.
SECTION 10. GOVERNING LAW. This Interlocal Agreement shall be governed
by and interpreted according to the laws of the State of Florida. The parties hereto and
their employees, agents, vendors, and assigns shall comply with all applicable Federal,
State, and local laws, codes and regulations relating to the performance of this
Interlocal Agreement.
SECTION 11. INTERPRETATIONS. In the event any prevision of this Interlocal
Agreement conflicts with, or appears to conflict with, the other terms of this Interlocal
Agreement, it shall be interpreted as a harmonious whole with a good faith effort to
resolve any inconsistency. SANFORD and the SAA agree to engage in positive and
constructive communication to ensure that the positive collaboration occurs.
SECTION 12. FORCE MAJEURE. Notwithstanding any provisions of this
Interlocal Agreement to the contrary, the parties shall not be held liable if failure or delay
in the performance of this Interlocal Agreement arises from fires, floods, strikes,
embargoes, acts of the public enemy, unusually severe weather, outbreak of war,
restraint of Government, riots, civil commotion, act of terrorism, force majeure, act of
God, or for any other cause of the same character which is unavoidable through the
exercise of due care and which is beyond the control of the parties.
SECTION 13. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No
modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
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SECTION 14. ASSIGNMENT/THIRD PARTY BENEFICIARIES.
(a) Neither the SAA nor SANFORD shall assign, delegate, or otherwise transfer
its rights and obligations hereunder to any third person or entity without the prior written
consent of the other party.
(b) There are no third party beneficiaries to this Interlocal Agreement.
SECTION 15. TIME.
Time is of the essence with this Interlocal Agreement.
SECTION 16. BINDING EFFECT. This Interlocal Agreement shall be binding
upon and inure to the benefit of the parties hereto and the successors in interest,
transferees and assigns of the parties; provided, however, this Interlocal Agreement
shall not be deemed to pledge the full faith and credit of either party.
SECTION 17. PUBLIC RECORDS. The parties shall allow public access to all
documents, papers, letters, electronically/digitally stored records or other materials
which have been made or received in conjunction with this Interlocal Agreement,
subject to exceptions of public records laws as set forth in the Florida Statutes, which
records shall be maintained in accordance with records retention requirements of State
law. The parties shall maintain in their place of business any and all books, documents,
papers and other evidence pertaining to work performed pursuant to this Interlocal
Agreement. Such records shall be available at the regular place of business for each
party at all reasonable times during the term of this Interlocal Agreement and for so long
as such records are maintained.
SECTION 18. CONFLICTS OF INTEREST. The Parties agree that they will not
engage in any action that would create a conflict of interest in the performance of its
obligations pursuant to this Interlocal Agreement, or which would violate or cause others
to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in
government.
SECTION 19. SEVERABILITY. Should any term of this Interlocal Agreement be
held to any extent invalid or unenforceable, as against any person, entity or
circumstance during the term hereof, by force of any statute, law, or ruling of any forum
of competent jurisdiction, such invalidity shall not affect any other term or provisions, or
impair the enforcement rights of the parties, their successors and assigns.
SECTION 20. TERMINATION. This Interlocal Agreement is intended to be
perpetual in duration, but shall expire in the event that SANFORD repeals its codes and
ordinances relating to Stormwater Utility Fees.
SECTION 21. HEADINGS. All sections and descriptive headings in this Interlocal
Agreement are inserted for convenience only, and shall not affect the construction of
interpretation hereof.
SECTION 22. ENTIRE AGREEMENT. This Interlocal Agreement states the
entire understanding between the Parties and supersedes any written or oral
representations, statements, negotiations, or agreements to the contrary.
SECTION 23. COUNTERPARTS. This Interlocal Agreement may be executed in
any number of counterparts each of which, when executed and delivered, shall be an
original, but all counterparts shall together constitute one and the same instrument.
SECTION 24. EFFECTIVE DATE. Notwithstanding the date of execution of this
Interlocal Agreement, this Interlocal Agreement shall take effect upon October 1, 2003
and SANFORD and the SAA shall take any and all necessary implementing actions in
order to give effect to that effective date.
IN WITNESS WHEREOF, the parties to this Interlocal Agreement have caused
their names to be affixed hereto by the proper officers thereof.
A TTES T:
n Dougherty, Cit~/Clerk ~
ATTEST:
"~. Geoffreyf~3g.~, Secretary
<_, CITY OF~,~~__~
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Date: ~z~ ~/~,,~/'~ ~/
SANFORD AIRPORT AUTHORITY
William R. Miller, Chairman
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