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Home My WebLink AboutIII(B) Approval And Authorization For Mayor And City Clerk To Execute Fourth Amendment To The Intergovernmental Agreement With Greater Orlando Aviation Authority Agenda 10-7-97 Item III B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee COMMISSIONERS OY .•y CITY OF OCOEE�io DANNY HO WELL 150 N.LAKESHORE DRIVE SCOTT ANDERSON SCOTTV 44..+ii Q OCOEE,FLORIDA 34761-2258 NANCY J.A GLASS (+� (407)656-2322 J.PARKER > .�� CITY MANAGER � Of GOOA ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: October 1,1997 RE: GREATER ORLANDO AVIATION AUTHORITY AGREEMENT I have been advised by Jim Sheppard, Manager of Planning for the Greater Orlando Aviation Authority, that the current agreement between GOAA, Orlando, Winter Garden, Apopka and the State of Florida DOT has expired and should be renewed for a period of one year to allow the completion of a study to be done by GOAA as to where a new general aviation reliever airport should be placed in West Orange County. We would recommend approval of the Fourth Amendment of this Agreement so that the study can be completed and we can have the appropriate information to determine whether this will be placed in the right place for the right purposes. Mr. Sheppard will be at the meeting to answer any questions. Respect 1 mitted, ES:fdg Attachment ter- GREATER ORLANDO AVIATION AUTHORITY • Orlando International Airport One Airport Boulevard Orlando, Florida 32827-4399 (407) 825-2001 September 29, 1997' Mr. Ellis Shapiro City Manager City of Ocoee 150 North Lake Shore Drive Ocoee, Fla. 34761 Dear Mr. Shapiro: Pursuant to our conversation, enclosed is the proposed Fourth Amendment to the Intergovernmental Agreement that has provided for study of a new general aviation reliever airport in West Orange County. This amendment extends the original agreement, as previously amended, for one year to September 30, 1998. This will allow time to complete study and analysis and brief the City of Ocoee and other parties to the Agreement on the.current status of the project. (Other parties are the Greater Orlando Aviation Authority, Cities of Orlando, Winter Garden, Apopka and the State of Florida Department of Transportation) . The referenced briefing is expected to take place in the near future to respond to questions and concerns the parties to the Agreement may have. • Six signature pages of the Amendment are enclosed-. -If the Agreement is acceptable, please have all pages executed on behalf of the City and return the executed original with all six signature pages to my attention. After all parties have signed, I will provide you a fully executed original. Please notify me of the date on' which the City Council will consider this matter. The current amendment expires September 30, 1997. Your expediting. this matter to the extent possible is very much appreciated. If you have any questions, please call me at 825-4072. Sincerely, im Sheppard Manager, Planning FOURTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT THIS FOURTH AMENDMENT, entered into as of September 30, 1997,by and among the City of Apopka, the City of Ocoee,and the City of Winter Garden (hereinafter the "Cities"), and the City of Orlando, all of the foregoing being municipalities existing under the laws of the . State of Florida, and the Greater Orlando Aviation Authority, an agency of the City of Orlando existing under the laws of the State of Florida (hereinafter the "Aviation Authority"), and the State of Florida Department of Transportation (hereinafter the "DOT"); WITNESSETH: WHEREAS, the parties to this Fourth Amendment entered into an Agreement as of August 20, 1982, with respect to the disposition of lands previously acquired by the Cities for a general aviation reliever airport in West Orange County, Florida, and providing for distribution of the proceeds resulting from such sale (hereinafter the "1982 Agreement"); and WHEREAS, the parties subsequently entered into an Amendment to the 1982 Agreement as of January 20, 1988 (hereinafter the "1988 Amendment"), acknowledging therein that certain obligations and goals created by the 1982 Agreement had been satisfied, including,among other things, the payment to the Cities of certain proceeds from the sale of lands and verification of the need and feasibility of a general aviation reliever airport in West Orange County; and WHEREAS, the 1988 Amendment extended the time during which the Aviation Authority might use the Net Proceeds to identify and purchase a site in West Orange County for a general aviation reliever airport to maximize the potential benefit of the Net Proceeds by allowing for an opportunity for the Aviation Authority to apply for grants from the DOT and from the Federal Aviation Administration (the "FAA") to assist in funding the costs of the land acquisition, and possibly for expenses of developing a general aviation reliever airport in West Orange County; and WHEREAS, the 1982 Agreement was subsequently amended by that certain Second Amendment to Intergovernmental Agreement, dated as of August 20, 1991 (the "1991 Amendment") which further extended the time during which the Aviation Authority might use the Net Proceeds as described above, until September 30, 1994; and WHEREAS, the 1982 Agreement was subsequently amended by that certain Third Amendment to Intergovernmental Agreement dated as of September 30, 1994 (the "1994 Amendment") which further extended the time during which the Aviation Authority might use the Net Proceeds as described above, until September 30, 1997; and WHEREAS, the Aviation Authority has initiated site selection studies for a general aviation reliever airport site in West Orange County but the site selection process has not yet been completed; and WHEREAS, because of the matters recited hereinabove, additional time is desired to complete the site selection process. NOW, THEREFORE, in consideration of the mutual covenants and understandings recited herein, the parties to this Fourth Amendment hereby agree as follows: 1. The introductory sentence of Paragraph 7 of the 1982 Agreement, as amended by the 1988 Amendment, the 1991 Amendment, and the 1994 Amendment is hereby further amended by the deletion of, each time it appears therein, the date "September 30, 1997" and substituting therefor the date "September 30, 1998." 2. Except as herein expressly provided, all of the terms, conditions, and provisions of the 1982 Agreement, as amended by the 1988 Amendment, the 1991 Amendment, and the 1994 Amendment shall continue in full force and effect. 3. This Fourth Amendment shall be executed in counterparts by each party hereto, and shall become binding upon each party at such time as all such counterparts have been executed. Once this Fourth Amendment has become effective in the manner aforesaid, each counterpart shall be regarded as an original, enforceable as against all parties hereto. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the day and year first above written. GREATER ORLANDO AVIATION STATE OF FLORIDA DEPARTMENT AUTHORITY OF TRANSPORTATION By: By: Attest: Attest: CITY OF OCOEE, FLORIDA CITY OF APOPKA, FLORIDA By: By: S. Scott Vandergrift, Mayor Attest: Attest: Jean Grafton, City Clerk CITY OF WINTER GARDEN, CITY OF ORLANDO, FLORIDA FLORIDA By: By: Attest: Attest: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1997. FOLEY & LARDNER By: City Attorney Approved by Ocoee City Commission in a meeting held on , 1997 under Agenda Item No. .