1057-Interlocal-Road TransfersI IIII II Ill fl NI Illg llll Bill I III Bill I III I I I Iii I
B}< 05950 PGS 8647-~6.~-' / ~.-' ~. :-. ~,* ~
INTERLOCAL AGREEMENT B~EEN t~ *~:~ ~'~ :
SEMINOLE COUN~ AND THE CI~'OF SANFORD ~ - ~, ~
RELATING TO ROAD T~NSFERS . - ~ 2 ~"' ~' "'
THIS AGREEMENT, entered into this ~ day of ~2005, by and
be~een SEMINOLE COUNt, a political subdivision of the State of Florida, whose
address is Seminole County Se~ices Building, 1101 East First Street, Sanford, Florida
32771, (hereafter referred to as the "COUNt") and the CITY OF SANFORD, a Florida
municipal corporation, whose address is 300 No~h Park Avenue, Sanford, Florida
32771, (hereafter referred to as the "CITY").
WITNESSETH:
WHEREAS, the paAies have the common power to construct and maintain roads
within their geographical jurisdictions; and
WHEREAS, ce~ain roads in the jurisdictional boundaries of the COUNTY road
system are located within the boundaries of the CITY; and
WHEREAS, the COUNTY and the CI~ are agreeable to transferring ownership,
maintenance and functional responsibility of the roads hereafter specified; and
WHEREAS, the CITY and the COUNTY wish to advise the Florida DepaAment of
Transpo~ation ("FDOT") of the transfers provided for herein by means of the COUN~
providing FDOT, District 5, with a ce~ified copy of this Interlocal Agreement; and
WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters
~25, ~26, ~63, and 166, Florida Statutes, and by Sections 335.0415 and 337.29, Florida
Statutes, and other applicable law; and
WHEREAS, the pa~ies hereto have determined that this Agreement is in
fu~herance of the community health, safety and welfare and the public interest
a~o326 PG 2~5
NOW THEREFORE, in consideration of the premises herein, the parties hereby
agree 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.
Section 2. Purpose.
(a) The purpose of this Agreement is for the COUNTY to assign and transfer
to the CITY ownership, jurisdiction over and full functional responsibility for that portion
of Lowe Avenue lying between the north right-of-way line of Hughey Street and the
south right-of-way line of State Road 417, all as shown on the attached Exhibit "A".
Section 3. Transfer of Responsibility. Upon the date this Agreement is
executed by both parties, the CITY shall have ownership of, plenary authority over and
full responsibility for the functional operation and maintenance of the road specified in
Section 2 above. All of the COUNTY's rights, responsibilities, liabilities, duties and
obligations as to the referenced road shall be transferred to and assumed by the CITY
and the subject road shall be deemed a CITY street for all intents, purposes, and
effects.
Section 4. 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
herein. All other policies, rules, regulations and ordinances of the COUNTY and the
CITY will continue to apply as to properties located within the jurisdiction boundaries of
each party hereto. The maintenance of side roads, street name signs and stop signs
are the responsibilities of the parties in whose jurisdiction such roads and signs are
located, except as otherwise proved herein.
2
SectionS. Other Agreements. The padies agree to execute such
instruments and documents as may be required to effectuate this Agreement.
Section 6. Employee Status. Persons employed by the CITY in the
performance of services and functions pursuant to this Agreement shall not be deemed
to be the employees or agents of the COUNTY, nor shall they have any claims to
pensions, worker's compensation, unemployment compensation, civil service or other
employee rights or privileges granted to the COUNTY's officers and employees either
by operation of law or by the COUNTY. Persons employed by the COUNTY in the
performance of services and functions pursuant to this Agreement shall not be deemed
to be the employees or agents of the CITY, nor shall they have any claims to pensions,
worker's compensation, unemployment compensation, civil service or other employee
rights or privileges granted to the CITY's officers and employees either by operation of
law or by the CITY.
Section 7. 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, employee or agents, except as provided by
this Agreement.
Section 8. Notices.
Whenever either party desires to give notice to the other party, notice may
(a)
be sent to:
For the COUNTY:
Gary Johnson, P.E., Public Works Director
520 West Lake Mary Boulevard
Reflections Plaza
Suite 200
Sanford, FL 32773
BKO 326 P6121 7
3
For the CITY:
City Manager
300 North Park
Sanford, Florida 32771
(b) Either of parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices. Each such notice shall be deemed
delivered on the date delivered if by personal delivery or on the date of transmission if
by facsimile, or on the date upon which the return receipt is signed or delivery is refused
or notice is designated by the postal authorities as not deliverable, as the case may be,
if mailed or date of delivery by overnight delivery services as evidenced by a service
receipt.
Section 9. Counterparts. This 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.
Section10. Entire Agreement. This Agreement constitutes the entire
agreement of the parties with respect to the subject matter hereof, and neither this
Agreement nor any portion of it may be altered, modified, waived, deleted or amended
except by a written instrument equal in dignity herewith and executed by the parties to
be bound thereby. This Agreement supercedes all oral agreements and negotiations
between the parties relating to the subject matter of this Agreement.
Section 11. Binding Effect. This Agreement shall be binding upon and inure to
the benefit of the successors in interest, transferees and assigns of the parties.
Section 12. Public Records. The parties shall allow public access to all
documents, papers, letters or other materials subject to the provisions of Chapter 119,
Florida Statutes, which have been made or received in conjunction with this Agreement.
4
Section 13. Conflict of Interest. Both parties agree that they will not commit
any act in the performance of its obligations pursuant to this Agreement that would
create a conflict of interest, as defined by Chapter 112, Florida Statutes.
Section 14. 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 written.
'~/~N~TC~'. DOUGHE~TY, Clgrk
A~EST
Cl~rk to the Board of
Coun~ Commissioners of
Seminole Count, Florida.
CITY OF SANFORD
LINDJk KUHN, Mayor'
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
CARL'I--dN 'D. HJ::NLJ:Y, Chai)Jn~an
Date: ,~.~/.<,~.f¢ -Z ¢2'~E) ~ %-~
For the use and reliance of
Seminole County only. Ap-
proved as to form and legal
l~ouhty Attorney
As authorized for execution b..y the Board
of County Commissioners at its ~--2.~- 2005
regular meeting.
SPL
03/30/05
Exhibit "A" - Map
P:\Users~slee~,greements\Sanford Intedocal (Road Transfer Lowe Avenuer).doc
BK0326 P61
5
SR417
i! ~ ~ End Transfer
!L - ! ~ [ (at SR 417 R/VV)
! 1% bowe Ave
--- i ~ ! (990 ft +/-)
BeginT~~ ~
(from north R/W line of Hughey St) k. ~,,
~ -Hugbey St_ ~,
N
, ! I
Prepared for: JR Ball, III, P.E.
Date: June, 2005
Information taken from Seminole County Property Appraiser's Data
Exhibit "A"
I~1(0 3 2 6 ?Gl 250