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HomeMy WebLinkAboutItem 06 Approval of Memorandum of Understanding between Orange County and the City of Ocoee for the Use of City Owned and Maintained Property for the Lake Apopka Connector Recreational Trail ocoee florida AGENDA ITEM COVER SHEET Meeting Date: June 2, 2020 Item # �p Reviewed By Contact Name: Ginger Corless Department Director: Mike Ru t Contact Number: 407-554-7126 City Manager: Subject: Approval of Memorandum of Understanding between Orange ounty and the City of Ocoee for the use of City owned and maintained property for the Lake Apopka Connector Recreational Trail. Background Summary: Orange County Parks and Recreation Division is pursuing the construction of the Lake Apopka Connector Trail. This trail will connect the existing Lake Apopka Loop Trail and the existing West Orange Trail The Connector Trail will run from the intersection of the existing West Orange Trail and McCormick Road, along the southern side of the road, west to Ingram Road, through a tract owned and maintained by the City of Ocoee. The tract is legally described as the Brynmar Phase 1 78/38 Tract I, Tax ID No. 32-21-28-0945-00-009 (see Exhibit A of the Memorandum of Understanding). The City owns and maintains a reclaimed water line that runs through this tract. The County is scheduled to design the trail in 2020/2021 and construction is anticipated for 2022/2023. The County will work with the City during the design process. Upon acceptance of final trail design, the City will grant a Recreational Trail Easement over the path of the trail in the City owned tract. The County Parks and Recreation Division will be responsible for maintaining the finished trail. The City maintains a reclaimed water line running under the proposed alignment for the trail. In the event the reclaimed water line requires repair by the City and the repair of the water line results in damage to the finished trail, the parties agree that the City will not be responsible for repairs to the trail resulting from said damage to the finished trail. Issue: Should the Honorable Mayor and City Commission approve and authorize the Mayor to sign the Memorandum of Understanding between Orange County and the City for the use of the City owned and maintained property for the Lake Apopka Connector Recreational Trail? Recommendations: Staff recommends to approve and authorize the Mayor to sign the Memorandum of Understanding between Orange County and the City for the use of the City owned and maintained property as shown in Exhibit A of the Memorandum of Understanding, as long as in the event the reclaimed water line requires repair by the City and the repair of the water line results in damage to the finished Trail, the City will not be responsible for repairs to the trail resulting from said damage to the finished trail by the repair of the water line. Attachments: Memorandum of Understanding, Exhibit A, Exhibit B, and Lake Apopka Connector Page from County's Trails Master Plan Financial Impact: There is no financial impact to the City. Staff added language to the Memorandum of Understanding clearly stating that if the trail is impacted due to the City needing to maintain the reclaimed water line that runs through the City's tract, the City would not be responsible for the costs of repairing the trail Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use- Ordinance First Reading / Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby-Collier N/A Reviewed by Finance Dept Rebecca Roberts N/A Reviewed by N/A 2 MEMORANDUM OF UNDERSTANDING BETWEEN ORANGE COUNTY,FLORIDA AND CITY OF OCOEE, FLORIDA FOR USE OF CITY OF OCOEE OWNED AND MAINTAINED PROPERTY FOR THE LAKE APOPKA CONNECTOR RECREATIONAL TRAIL THIS MEMORANDUM OF UNDERSTANDING ("MOU"), effective as of the latest date of execution, is made and entered into by and between the ORANGE COUNTY, FLORIDA, a charter county and political subdivision of the State of Florida, ("County") and the CITY OF OCOEE, FLORIDA, a Florida municipal corporation("City"). RECITALS: WHEREAS, the City owns certain real property located in Orange County and legally described as the BRYNMAR PHASE 1 78/38 TRACT I (ROAD RIGHT OF WAY), and identified as Tax ID No. 32-21-28-0945-00-009 ("Tract I"); and WHEREAS, the City is the maintenance agency for Tract I; and WHEREAS, the County Parks and Recreation Division is pursuing the design and construction of the Lake Apopka Connector Trail ("Trail") to connect the existing Lake Apopka Loop Trail and the existing West Orange Trail; and WHEREAS, the design of the Trail is scheduled for funding in state Fiscal Year 2020/2021 which runs from Is`day of July 2020 to 30" day of June 2021; and WHEREAS, the construction of the Trail is scheduled for funding in state Fiscal Year 2022/2023 which runs from the Pt day of July 2022 to the 30' day of June 2023; and WHEREAS, the Trail will run from the intersection of the existing West Orange Trail and McCormick Road, along the southern side of McCormick Road west to Ingram Road, through Tract I; and WHEREAS, the general area and path of the Trail through Tract I is depicted in Exhibit "A,"attached hereto and incorporated herein; and WHEREAS, the City agrees that, upon the final design of the Trail, it will grant a Recreational Trail Easement over the path of the Trail in Tract I as legally described in the final design; and WHEREAS, City agrees to grant access to Tract Ito the County as needed to design and construct the Trail. This access extends to the any outside consultants and contractors awarded contracts for design, construction, and construction engineering and inspection (CEI) services; and WHEREAS, the County Parks and Recreation Division will have sole responsibility to maintain the finished Trail, which will be typically fourteen (14) foot wide, concrete as depicted in Exhibit"B." attached hereto and incorporated herein; and WHEREAS, the County will forward design plans for the relevant segment(s) of the Trail to the City for review: and WHEREAS, the parties acknowledge that the City maintains a reclaimed water line running under the Trail. In the event the reclaimed water line requires repair by the City and the repair of the water line results in damage to the finished Trail, the parties agree that the City will not be responsible for repairs to the trail resulting from said damage to the finished Trail. IN WITNESS WHEREOF, the parties have caused this MOU to be executed and delivered on the day(s) and year(s) set forth below. CITY OF OCOEE, a Florida municipal corporation By: RUSTY JOHNSON Mayor Attest: Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND ON , 2020, UNDER LEGALITY this_day of , 2020. AGENDA ITEM NO. SHUFFIELD LOWMAN &WILSON, P.A. By: City Attorney ORANGE COUNTY,FLORIDA By: Board of County Commissioners By: Jerry L. Demings, Orange County Mayor Attest: Phil Diamond, CPA, County Date: ,2020 Controller, as Clerk of the Board of County Commissioners By: Deputy Clerk . ` 4 r N. *, EXHIBIT A .11JFJTF A EST.. 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TYPICAL STANDARD TRAIL SECTION SCALE Yz •I'-0' STANDARD EXPAMION JONT SECTION SCALE:Y:'=T-0' TYPICAL CONCRETE GREENWAY AND TRAIL SECTIONS ORANGE COUNTY PARKS AND RECREATION \I , , , I ' "� 1AREORANGE COUNTY, FLORIDA SCALE h'-Td PACE I OF I PARK o®MER n w MI IHRFATIDK AECOM Orange County Trans Master Plan © Clarcona—Ocoee Connector Trail Scale inFeat I—L!—L-1 I North 0 1.500 3.000 6.000 I / \ . • 4 NIL --\ • • ; lit _sem�r.a .—.J 1/— a :: :, I. 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