HomeMy WebLinkAboutItem 11 Approval of the Interlocal Agreement between Orange County and City of Ocoee for the Transfer of Jurisdiction of the Spring Lake Drain Well NI$04yr
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: June 15, 2021
Item # 11
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager:
Subject: Approval of the Interlocal Agreement between Orange Coun and City of Ocoee for the
Transfer of Jurisdiction of the Spring.Lake Drain Well. Commissioner Wilsen, District 2.
Background Summary:
Orange County and the City have been working together on the relocation of the Spring Lake drain well
for several years. The existing drain well is located within a County easement on private property at
1405 Spring Lake Terrace on the west side of Spring Lake. The drain well provides a positive outfall for
the otherwise closed drainage basin, however the well is in need of repairs and located a few feet from a
City residence. As the Spring Lake Terrace property has been annexed into the City, and more than
ninety percent (90%) of the properties within the Spring Lake drainage basin are within the City, Public
Works is recommending the City accept the transfer of the drain well easement and maintenance in
order for the well to be relocated to an easily accessible location on the east side of the lake on City
owned property. Environmental regulations allow existing drain wells to be relocated within the same
basin. The County is contributing $25,000.00 towards the expected $200,000.00 cost to relocate the
well. The cost of the new well construction and existing well abandonment is funded in the current
Stormwater budget.. The drainage easement for the existing well will be vacated at a future date
following abandonment of the well. Public Works recommends approval of this agreement.
Upon City Commission approval, the executed Agreement will be sent to Orange County for formal
approval and execution.
Issue:
Request the Honorable Mayor and City Commission approve the Interlocal Agreement with Orange
County for the Transfer of Jurisdiction of the Spring Lake Drain Well.
Recommendations:
Staff recommends the Honorable Mayor and City Commission approve the Interlocal Agreement with
Orange County for the Transfer of Jurisdiction of the Spring Lake Drain Well.
Attachments:
Interlocal Agreement with Exhibits.
Financial Impact:
The City has adequately funded the project in the Stormwater Capital Improvements budget. The
County will contribute $25,000.00 to the project.
Type of Item: (please mark with an "x")
Public Hearing ' For Clerk's.Dept Use:
Ordinance First Reading 1 Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x 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 N/A
Reviewed by Finance Dept. GL N/A
Reviewed by ( ) N/A
2
INTERLOCAL AGREEMENT
between
ORANGE COUNTY, FLORIDA
and
CITY OF OCOEE, FLORIDA
regarding
TRANSFER OF JURISDICTION OF
SPRING LAKE DRAIN WELL
Approved by the Orange County
Board of County Commissioners
,20_
Approved by the City of Ocoee
City Council
,20_
2
INTERLOCAL AGREEMENT
between
ORANGE COUNTY, FLORIDA
and
CITY OF OCOEE, FLORIDA
regarding
TRANSFER OF JURISDICTION OF
SPRING LAKE DRAIN WELL
THIS INTERLOCAL AGREEMENT is made and entered into by and between Orange
County, Florida, a Charter County and political subdivision of the State of Florida ("County"),
and the City of Ocoee, Florida, a municipal corporation created and existing under the laws of
the State of Florida("City").
RECITALS
A. The County has authority pursuant to Section 125.01, Florida Statutes, to enter into
agreements.
B. The City has authority pursuant Section 166.021, Florida Statutes, to enter into
agreements.
C. The County and the City have authority pursuant to Section 163.01, Florida Statutes,
to enter into interlocal agreements.
D.The conveyance and transfer of real or personal property of the County to a municipality
of this state is governed by Section 125.38, Florida Statutes.
E. The County currently operates and maintains that certain existing drain well and
associated pipes located within the City's limits off of Flewelling Avenue, as shown on Exhibit
3
"A" (the "Existing Well").
F. The Existing Well is in poor condition, and the County and the City desire to abandon
the Existing Well and replace it with a new drain well and associated pipes to be constructed on
property owned by the City bearing Parcel Identification Number 16-22-28-8039-00-002, as
shown on Exhibit"A" (the "New Well").
G. The City desires to own(or accept dedication of,whatever the case may be),maintain,
control, and have responsibility over the Existing Well and will properly abandon the Existing
Well after completion of construction of the New Well.
H. The City also desires to accept an assignment of, and maintain, control, and have
responsibility over, the easements associated with the Existing Well recorded in Official Records
Book 660, Page 237 and Official Records Book 660, Page 238, both of the Official Records of
Orange County, Florida(the "Drainage Easements").
NOW,THEREFORE,in consideration of the mutual covenants and conditions contained
herein, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. New Well.
A. Construction. The City or its contractor shall construct the New Well in
accordance with those certain plans attached hereto as Exhibit "C" (the "Work") on or before
June 30, 2022.
B. Permits. The City shall obtain any permits and other governmental
approvals required for the Work.
C. Inspection. During the course of construction, each party may inspect the
4
Work. Upon completion of the Work, the City shall conduct a final inspection and identify any
deficiencies in the Work. Once all identified deficiencies are addressed, the Work will be
considered completed.
D. Costs of Construction. The County shall contribute $25,000 towards the
costs of the Work (the "County's Contribution"). The City shall be responsible for all costs of
the Work in excess of the County's Contribution. Upon completion of the Work and correction of
any identified deficiencies, the City shall invoice the County for the County's Contribution. The
County shall pay the County's Contribution to the City within 30 days after receipt of the invoice
for the County's Contribution.
E. Design Changes; Change Orders. During the course of the Work, if the
City or County observe, or otherwise become aware of, any defects, conflicts, or necessary
changes to the Work, each party shall immediately notify the other party of the defects, conflicts,
or necessary changes. The City and County agree that time is of the essence in making any
decisions, interpretations, and/or changes with respect to design, materials, and other matters
pertinent to the Work so as not to materially delay the work. As the City shall have sole ownership
and maintenance responsibility for the New Well upon completion,the Parties agree that the City
shall have the right of final determination regarding decisions, interpretations, design changes,
and change orders for the Work as it deems necessary in its sole discretion, provided, however,
that absent emergency circumstances posing a reasonable threat of death, bodily injury, or
property damage, the City shall provide the County with a minimum of 7 days' notice to review
and comment on any proposed change orders that will increase the cost of the Work.
F. Operation and Maintenance of the New Well. Upon completion of the
New Well,the City shall own,maintain, control,repair, and improve the New Well. The County
5
shall have no interest in or liability for the New Well.
2. Transfer of Jurisdiction of Spring Lake Drain Well.
A. Transfer of Jurisdiction. The County hereby transfers to the City, and the
City hereby accepts and acknowledges jurisdiction over the following(collectively,"Spring Lake
Drain Well"): (1)the Existing Well; and(2) the Drainage Easements.
B. Scope. The City's jurisdiction over Spring Lake Drain Well means the
authority and responsibility to maintain,control,repair,and improve Spring Lake Drain Well. The
County shall have no further interest in or liability for the Spring Lake Drain Well.
3. Bill of Sale and Assignment of Drainage Easements.
A. Bill of Sale. The County shall execute and deliver a Bill of Sale in favor
of the City substantially in the form attached hereto as Exhibit `B," for the Existing Well.
B. Assignment of Drainage Easements. Furthermore, the County shall
execute, record (at the City's expense), and deliver a County assignment of drainage easement in
favor of the City substantially in the form attached hereto as Exhibit "D," for the Drainage
Easements.
4. "As Is" and "Where Is" Transfer. The City,having had the opportunity to inspect
the Spring Lake Drain Well prior to conveyance,accepts the Spring Lake Drain Well in its"AS IS"
and "WHERE IS" condition, with no warranties whatsoever, except as otherwise provided in this
Interlocal Agreement.
5. Abandonment of the Existing Well. Upon completion of the Work, the City, at
the City's sole cost and expense, shall abandon the Existing Well, cap, grout, or otherwise render
the site of the abandoned Existing Well safe to the public and release the Drainage Easements.
The City shall obtain any permits and other governmental approvals required to abandon the well.
6
6. Miscellaneous.
A. Validity. The County and the City each represents,warrants,and covenants
to and with the other its respective authority and power under Florida law to enter into this
Interlocal Agreement, acknowledges the validity and enforceability of this Interlocal Agreement,
and waives any future right of defense based on claim of illegality, invalidity, or unenforceability
of any nature. The County and the City each hereby represents, warrants, and covenants to and
with the other that this Interlocal Agreement has been validly approved by its respective governing
body,and that this Interlocal Agreement constitutes a legal,valid,and binding contract enforceable
against the respective party in accordance with the terms hereof(assuming the due authorization,
execution and delivery hereof by the other party hereto).
B. Ambiguities. Both parties have been allowed equal input regarding the
terms and wording of this Interlocal Agreement and have had the benefit of consultation with their
respective legal counsel prior to its execution, such that all language herein shall be construed
equally against the parties, and no language shall be construed strictly against its drafter.
C. Headings. The headings or captions of sections or subsections used in this
Interlocal Agreement are merely for the convenience of the parties for reference only and are not
intended to define or limit their contents, nor are they to affect the construction of or to be taken
into consideration in interpreting this Interlocal Agreement.
D. Severability. The provisions of this Interlocal Agreement are declared by
the parties to be severable only to the extent that the remaining provisions can effectuate the
purpose and intent of the parties.
E. Governing Law; Venue; Attorney's Fees and Costs.
(1) This Interlocal Agreement shall be governed by and construed in
/ 7
accordance with laws of the State of Florida.
(2) Venue for any action arising out of or related to this Interlocal
Agreement shall be in the Circuit Court for the Ninth Judicial Circuit in Orange County, Florida.
(3) In the event a party deems it necessary to take legal action to enforce
any provisions of this Interlocal Agreement, each party shall bear its own attorney's fees and costs
at both the trial and appellate levels.
F. Entire Agreement. This Interlocal Agreement, along with any exhibits,
constitutes the entire agreement between the parties regarding the subject matter hereof. Any prior
oral or written agreements or understandings of any kind between the parties relating to the subject
matter hereof are null and void and of no further effect.
G. Amendments. This Interlocal Agreement may be amended only by
express written instrument approved by the Board of County Commissioners of the County and
the City Council of the City, and executed by the authorized officers of each party.
H. Counterparts. This Interlocal Agreement and any amendments thereto
may be executed in one or more counterparts, each of which shall be deemed an original, but all
of which shall constitute one and the same instrument.
I. No Waiver of Regulatory Jurisdictions. Neither this Interlocal
Agreement,nor any provision hereof, shall be construed as a waiver of any regulatory jurisdiction
of the County that exists on the Effective Date or at any other time thereafter.
J. Assignment. Neither party may sell, assign, or transfer this Interlocal
Agreement or any interest it may have hereunder, without prior written approval of the other
party, such approval to be not unreasonably withheld, and provided that any such assignment
shall not unreasonably interfere with the rights of the non-assigning party hereunder. All
covenants, terms, conditions, and provisions of this Interlocal Agreement shall be binding upon
the parties hereto and shall extend to and be binding upon the successors and permitted assigns
of the parties hereto.
K. No Third-Party Beneficiaries. This Interlocal Agreement is solely for the
benefit of the formal parties hereto and no rights or cause of action shall accrue upon or by reason
hereof,to or for the benefit of, any third party not a formal party hereto.
L. Notices. Any notice required to be given or otherwise given by one party
to the other party shall be in writing and shall be deemed delivered when given by hand delivery;
five (5) days after being deposited in the United States Mail, postage prepaid, certified, or
registered; or the next business day after being deposited with a recognized overnight mail or
courier delivery service; and addressed as follows:
If to the County: Director, Orange County Public Works Department
4200 South John Young Parkway
Orlando, Florida 32839
With a copy to: County Administrator
Orange County Administration Center
201 South Rosalind Avenue
Orlando, Florida 32802
With a copy to: County Attorney
Orange County Administration Center
201 South Rosalind Avenue
Orlando, Florida 32802
If to the City: City Manager
City of Ocoee, Florida
150 N. Lakeshore Drive
Ocoee, Florida 34761
With a copy to: City Attorney
Shuffield Lowman&Wilson, P.A.
1000 Legion Place, Suite 1700
Orlando, Florida 32801
8
In all cases, notices shall be deemed delivered to a party only upon delivery of copies to
the persons indicated above in the same manner as for the party being notified. Either party may
change its designated official or address for receipt of notice by giving notice of such change to
the other party in the manner provided in this section.
7. Effective Date. This Interlocal Agreement shall become effective on the date of
execution by the County or the date of execution by the City, whichever date is later.
[THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
9
IN WITNESS WHEREOF,the parties have executed this Interlocal Agreement as of the
day and year indicated below.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
Jerry L. Demings, Mayor
Date: , 20
ATTEST: Phil Diamond, CPA, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
10
CITY OF OCOEE,a Florida municipal corporation
By:
RUSTY JOHNSON
Mayor
Date:
Attest:
Melanie Sibbitt, City Clerk
Date:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,2021,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of , 2021.
SHUFFIELD,LOWMAN & WILSON,P.A.
By:
City Attorney
11
Exhibit"A"
Location of Existing Well and New Well
12
EXHIBIT "A"
That certain drain well on property in or adjacent to Spring Lake within the City of Ocoee that is
located in Orange County Property Appraiser Parcel No. 16-22-28-0000-00-032 also known as
1405 Spring Lake Terrace, together with the associated in-flow pipes and pipes connecting the
wells.
Attached hereto as Exhibit"B" is a diagram that depicts the drain well.
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CITY Or 0001=1=+ FL SPRING LAKE DRAINWELL EXHIBIT
50. afe ow DEPARTMENT EXISTING AND ]PROPOSED
0coee PAa+o79o7777e-faf WELL LOCATIONS
Exhibit "B"
Bill of Sale
13
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS:
That ORANGE COUNTY, a charter county and political subdivision of the state of
Florida (the "COUNTY"), for and in consideration of the sum of One Dollar ($1.00) in lawful
money (and other good and valuable considerations, the receipt and adequacy of which is hereby
acknowledged) to it paid by CITY OF OCOEE, a Florida municipal corporation (the "CITY")
has granted, bargained, sold, transferred, set over and delivered, and by these presents does
hereby grant, bargain, sell, transfer, set over and deliver unto the CITY, its successors and
assigns, the assets more particularly described on the attached Exhibit "A" (hereinafter the
"Assets").
TO HAVE AND TO HOLD the same unto the CITY, its successors and assigns forever.
IN WITNESS WHEREOF, the COUNTY hereby executes this Bill of Sale on the date
set forth below.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
Jerry L. Demings
Orange County Mayor
Date:
ATTEST: Phil Diamond, CPA, Orange County Comptroller
As Clerk to the Board of Orange County Commissioners
By:
Deputy Clerk
Date:
Exhibit"C"
Construction Work
14
EXHIBIT C
LAND SURFACE STEEL MANHOLE
LAKE LEVEL CONTROLLED
�► BY INVERT ELEVATION OF
INLET PIPE
CONCRETE VAULT
INLET STRUCTURE -*
INLET PIPE
PRELIMINARY PLAN 12 INCH DIAM. (I.D.)
SPRING LAKE ,4 STEEL CASING GROUTED
REPLACEMENT WELL INTO THE TOP OF THE
LIMESTONE BEDROCK
NOTE:
Per Florida Department of
Environmental Protection
requirements the preliminary
plan illustrated herein is an
exact duplicate of the existing
drainage well on Spring Lake. BOTTOM OF CASING
As such, the final well design @ 193 FT. BELOW LAND SURFACE
may have to undergo minor
adjustments to account for
unforeseen field conditions.
NOMINAL 12 INCH DIAM.
OPEN BOREHOLE
• ; .4__ TOTAL WELL DEPTH
397 FT. BELOW LAND SURFACE
Exhibit"D"
Assignment of Drainage Easements
15
Prepared by and return to:
Aleas Koos,Assistant County Attorney
Orange County Attorney's Office
P.O.Box 1393
Orlando,FL 32802
Project: Transfer of jurisdiction of Spring Lake Drain Well
Assignment of Easements
This Assignment of Easements(the"Assignment")is made as of the latest day of execution(the"Effective
Date")by Orange County, a charter county and political subdivision of the state of Florida,whose address is P. O.
Box 1393, Orlando, Florida 32802-1393 ("Assignor"), to and in favor of City of Ocoee, a municipal corporation
established under the laws of the State of Florida,whose address is 150 N.Lakeshore Drive, Ocoee,Florida 34761
("Assignee").
A. Assignor is the holder of easement interests pursuant to that certain Drainage Easement recorded
December 22, 1959, in Official Records Book 660, Page 237 and that certain Drainage Easement recorded
December 22, 1959, in Official Records Book 660, Page 238, both of Official Records of Orange County, Florida
(the"Easements").
B. By virtue of annexation by Assignee,all of the lands encumbered by the Easements are now located
within the jurisdictional limits of the City of Ocoee.
C. Subject to the provisions of this Assignment and the provisions of the Interlocal Agreement
between Assignor and Assignee for the transfer of jurisdiction of Spring Lake Drain Well, Assignor desires to
assign, and Assignee desires to assume, all of Assignor's right, title, duties, obligations, and interest in the
Easements.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,Assignor and Assignee agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Assignment. Assignor hereby assigns and transfers to Assignee,to the extent assignable,
all of the Assignor's right,title, duties, obligations, and interest in the Easements.
3. Assumption. Assignee hereby assumes from Assignor all of Assignor's rights,duties,and
obligations under the terms and conditions of the Easements, including the maintenance of existing easement areas,
and Assignee further agrees that, as a condition of this Assignment, Assignee shall assume and abide by all terms
and conditions of the Easements.
4. Indemnification. Assignee will indemnify and hold harmless Assignor, its officials and
employees, against any loss, cost, damage, or other expense (including attorneys' fees)that arises from use of the
Easements after the Effective Date. Assignor will indemnify and hold harmless Assignee, its officials and
employees, against any loss, cost, damage, or other expense (including attorneys' fees)that arises from use of the
Easements on or before the Effective Date.Notwithstanding the foregoing,nothing in this Assignment is intended
to be: (a)a waiver of Assignor or Assignee's sovereign immunity or the provisions of Section 768.28 of the Florida
Statutes; or(b) an agreement by Assignor or Assignee to indemnify the other party for any loss, damage, or other
Project: Transfer of jurisdiction of Spring Lake Drain Well
matter, other than for injury or loss of property,personal injury,or death caused by the negligent or wrongful act or
omission of any employee of Assignor or Assignee while acting within the scope of the employee's office or
employment under circumstances in which Assignor or Assignee,if a private person,would be liable to the claimant,
in accordance with the general laws of the State of Florida; or (c) an agreement by Assignor or Assignee to pay a
claim or a judgment which exceeds the limits per claim and per occurrence set forth for tort liability in Section
768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against Assignor
and Assignee related to this Assignment and are not confined to tort liability.
[SIGNATURE PAGE AND EXHIBITS FOLLOW]
Project: Transfer of jurisdiction of Spring Lake Drain Well
IN WITNESS WHEREOF,Assignor and Assignee have executed this Assignment of Easements, as of
the dates respectively written below.
ASSIGNOR
(Official Seal) ORANGE COUNTY,FLORIDA
By: Board of County Commissioners
By:
Jerry L.Demings
Orange County Mayor
Date:
ATTEST: Phil Diamond, CPA, County Comptroller
As Clerk of the Board of County Commissioners
BY:
Deputy Clerk
Printed Name
Project: Transfer of jurisdiction of Spring Lake Drain Well
ASSIGNEE
CITY OF OCOEE,
a Florida municipal corporation
RUSTY JOHNSON
Print Name: Mayor
Date:
Attest:
Print Name: Melanie Sibbitt, City Clerk
Date:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,2021,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of ,2021.
SHUFFIELD,LOWMAN&WILSON,P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑ online
notarization,this day of ,20 ,by Rusty Johnson,as Mayor,and Melanie Sibbitt,as City
Clerk, of the City of Ocoee, a Florida municipal corporation, on behalf of the corporation. They are personally
known to me or produced and as identification.
Notary Public, State of Florida
Print Name:
My Commission Expires: