HomeMy WebLinkAboutItem #08 b. City of Ocoee Signs - Use Agreement Between City of Ocoee and Orange Countyflorido
AGENDA ITEM COVER SHEET
Meeting Date: January 21, 2114
AM #
Reviewed By:
Contact Name: Russ Wagner, AICP, CRA Department Director:
Administrator
Contact Number: (407) 905 -3157 City Manager: _
Subject: Use Agreement Between City of Ocoee and Orange County
Background Summary:
One of the 10' Ocoee Welcome signs is proposed to be placed at the Eastern City Limits on the north side of
Clarcona -Ocoee Road. Orange County has stipulated that a Use Agreement needs to be signed by the City
and County to ensure that the sign is properly installed, maintained and covered for liability purposes. The
County furnished a standardized agreement which they have previously utilized for similar cases. Our City
Attorney has reviewed this document and has recommended some possible minor modifications as indicated
on the attached draft of the agreement. Since staff has not discussed those revisions with the County Attorney,
the City Commission may considered approving the Orange County Agreement and further authorize staff to
negotiate any changes that are mutually agreeable, and further, authorize the Mayor and City Clerk to execute
the revised agreement when finalized.
Issue:
Should the Mayor and City Commissions approve an agreement between the City and Orange County
regarding placement of signs within Orange County right -of -way.
Recommendations
Staff respectfully recommends that the Mayor and City Commissioners approve the attached Use Agreement
Between the City of Ocoee and Orange County pertaining to Welcome signs and authorize staff to negotiate
minor wording changes, and further, authorize the Mayor and City Clerk to execute the final revised agreement
on behalf of the City.
Attachments:
Use Agreement Between City of Ocoee and Orange County
Revision to Use Agreement Between City of Ocoee and Orange County
Financial Impact:
None
Type of Item: (please mark with an 'k')
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
Commission Approval
X 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. N/A
Reviewed by () N/A
USE AGREEMENT BETWEEN
CITY OF OCOEE AND ORANGE COUNTY
THIS AGREEMENT (the "Agrcement "). is entered into by and hetween City of Ocoee. a
municipality duly enacted under the la«s of the State of Florida ("City" ").with a mailing address
at 150 N. Lakeshore Drive. Ocoee. FI. 34761. and ORANGE COt_ NTY. a charter county and
political subdivision of the State of Florida ("County " "), with a mailing address at P.O. Box 139>.
Orlando. FI, 32802 -1393.
RFCITA 1 C
WHEREAS. City is proposing to erect an 'Ocoee Welcome Sign " (the "Improvements ")
within certain County rights of way more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof:
WHEREAS, City desires to obtain a Right - of -Wav Utilization Permit (the "'Permit " ") from
County. whereby City will be allowed to install. construct. and maintain the above described
improvements within the County rights of way: and
W}IEREAS, County requires that City be solely responsible for the fulfillment of certain
commitments and covenants to assure the perpetual and continuous maintenance of the
Improvements, which commitments and covenants are more particularly set forth herein.
NOW. THEREFORE, in consideration of the foreuoin <u and of the terms and conditions
set forth herein, the parties agree as lollovvs:
1. RECITALS The loregoing recitals are true and correct and lorm a material part
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<cit\ name. roachvm name(,)`
of this Agreement.
2. RIGHT -OF -WAY UTILIZATION PERMIT CountN shall issue a Permit to
City. subject to the terms ol'this Agreement. Cite shall not. vyhile installing or
maintaining the Improvements. dama or disturb any portion of the County
rights of way without prior written approval by County and County"s prior written
approval of a plan to restore the County riuhts of way . Nothing contained herein
or by virtue of the issuance of the Permit shall "ive or grant the City any
ownership rights to any portion of the County rights of vvay.
3. IMPROVEMENTS Any Improvements that. in C'ountv's sole opinion, impede
the functional operation of planned. proposed, or eXistin(I underdrains shall not he
permitted under this Agreement. The Improvements shall be established and
maintained in such a manner as will neither interfere vKith the use 01'111C County
rights of way by the public or County nor create a safety hazard on such County
rights of way. If Countv determines. in its sole discretion. that the Improvements
present a safety hazard. then City. at its sole expense and at no cost to COLlllty,
shall relocate the hnproyements in such a manner as to eliminate the hazard, to
the satisfaction of County.
4. REMOVAL/ RELOCATION It. in the sole opinion ofCounty. the
Improvements interfere with any construction. reconstruction. alteration.
improvement. or maintenance which County desires to perto111 on, around. or
under the County rights of way. or if County rcqucsts removal for anv reason.
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<cit% name. roadN%a\ name(s)
then City, upon receipt ol'a written notice from County. shall remove or relocate
the Improvements as requested b', COLInt\. and to C'ountv's satisfaction, within
thirty (30) days of receipt of said notice. Anv such relocation or removal of the
Improvements shall be at the sole expense of City.
5. INDEMNIFICATION Each party agrees to defend, indernrilk. and hold
harmless the other party. its officials. and employees from all claims, actions.
losses, suits, judgments. tines. liabilities. costs. and expenses (including attorney
fees) attributable to its negligent acts or omissions. or those of its officials and
employees acting within the scope of their employment, or arising out of or
resulting from the indemnifNing parth's ne-ligent performance under tills
agreement. Nothing contained herein shall constitute a waiver of sovereign
imnnmity or the provisions of Section 768.28. Florida Statutes. The foregoing
shall not constitute an agreement by either party to assume any liahilit% for the
acts. omissions and /or negligence of the other party.
6. INSURANCE Without «awing its right to soVereign immunity as provided in
Section 768.28, Florida Statutes. Cite acknovv lcdges to be self= insured for General
Liability and Automobile Iiability vy ith cov eragc limits of as set forth in Section
768.28, Florida Statutes. Cite agrees to maintain commercial insurance or to be
self - insured for Workers' Compensation & Employers' Liabilit} in accordance
with Florida Statute 440. Upon request City shall provide an affidavit or
Certificate of Insurance evidencing self= insurance or commercial insurance up to
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t'se Aurcement_?U
<citc namr. road\vm namels)
sovereign 1111111 Lill limits. which C'ounty a� (Urees to find acceptable for the
coverage mentioned above. County's failure to request proof of insurance or to
identify any deficiency in coycra��e or compliance with the loregoin�()
requirements shall not relieve City of its liability and obligations under this
agreement. City shall require all contractors performing work Within the County
rlgllts of way or easement areas to pl'OClll'C and maintain workers compensatloll.
commercial general liability. business auto liability, and contractor's pollution
liability coverage. Fach party shall be listed as an additional insured on all
general liability policies.
7. RECORDING This A<�reement shall be recorded in the Public Records of
Orange County. Florida. within thirty (30) days of its execution hN the last party
to execute it. Promptly upon execution of this Agreement. City shall pay to
County an anlowlt equal to the applicable cost of'recordino this Agreement in the
Public Records of Orange County. Florida, or in the alternative. City shall record
this Agreement at its cost in the Public Records of Orange Cotulty. Florida.
9. DURATION The provisions. restrictions. and covenants of this Agreement shall
bind the parties for a period of twenty -live (?>) years from the date this
Agreement is recorded in the Public Records of Orange County. Florida.
Thereafter. this Agreement shall be automatically extended for successive periods
of ten (10) years each. tulles a written instrument agreeing to revoke said
provisions. restrictions. and covenants is approy ed by a majority of the Orange
Pa <ue 4 ol'-4
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<citc name. roadw<n name(i)
County Board Of C011nty C'onlnllssloners and the C'Ity. No SUCK a0reenlent to
revoke shall be effective until said written instrunlCnt has been signed.
acknowledged. and recorded in the Public Records of Orange Count }'. Florida.
Notwithstanding any of the above provisions, County shall have the right to
cancel this Agreement upon thirty (30) days prior written notice to City. No such
cancellation shall be effective until a written instrument has been eXecuted and
acknowledged by the Board of County Commissioners and recorded in the Public
Records of Orange C011nly. l' lorida.
10. AMENDMENT The provisions. restrictions. and coycnants of this Agreement
shall not be modified or amended except in a vyritten instrument approved by a
majority of the Orange County Board of County C'onullissioners and the City. No
such modification or amendment shall be Cffcctiye until said written instrument
has been signed. acknowledged. and recorded in the Public Records of Orange
County, Florida.
11. COMPLIANCE WITH APPLICABLE LAWS City shall comply with all
applicable state laws and county ordinances. including the Orange County Right-
of -Way Utilization Regulations.
12. DISCLAIMER OF COUNTY RESPONSIBILITY Nothing contained herein
shall create any obligation on the part of County to maintain or participate in the
maintenance of the Improvements.
13. EFFECTIVE DATE This Agreement shall take cficct upon being recorded in
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t Esc n,rcenunt_ 20
<citc name. road\vm names)
the Public Records of Oranee COMM Florida.
IN WITNESS WHEREOF, the Parties have caused this A ( to be duly executed
by their respective duly authorized representatives on the dates set lorth below.
ORANGE COUNTY, FLORIDA
Bv: Board of County Commissioners
Bv:
I cresa .Jacobs.
OranUe C'ount\ Mayor
Date:
ATTEST: Martha O. 1 laynie, County Comptroller
As Clerk of the Board of County Commissioners
Bv:
Deputy Clerk
Pa <,c 6 46
Use A <,reemcnt.'_0
<cit\ name. ruadvca\ name(s).
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
FOR USE AND RELIANCE ONLY BY TH1`:
CITY OF OCOEE. APPROVED AS - 10
FORM AND LEGALITY THIS DAY
OF 2014.
SHUFFIELD. LOWMAN AND WILSON
City' Attorney
CITY OF OCOEE, FLORIDA, a
Florida municipal corporation
B\:
S. Scott Vandergrift, Mavor
Attest:
Beth Fikenberrv, City Clerk
APPROVED BY TI IF OCOFE CITY
COMMISSION A I A MEETING HFLD ON
.2014 UNDER
AGENDA ITEM NO.
Pa <,e 7 of 7
Use A�-'reenrent_ Zo
<cits name_ road\vac namc(s1>
EXHIBIT "A"
Location and Description ot' Improvements
1. N. side Clarcona -Ocoee Road at East Ocoee City limits
Ten Foot Tall Welcome Sion
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S \RAIi'omsoAPuhIic �\ orks\( sc Aatrccm ell I[ Sc Aem. IocsI so\ I duce
Pa'ue 8 of 8
Wagner, Russ
From:
Scott Cookson <scookson @ShuffieldLowman.com>
Sent:
Wednesday, January 08, 2014 1:32 PM
To:
Wagner, Russ
Cc:
Shadrix, Craig
Subject:
RE: UseAgreement_OrangeCo.docx
Attachments:
Orange County Use Agreement for Signage (REDLINE v2 vs vl) 010814.pdf; Orange
County Use Agreement for Signage (v2) 010814.docx
Attached please find a revised version incorporating my suggested changes. Also attached is a redline showing the
changes. Please do not hesitate to contact me should you have any questions.
Scott A. Cookson, Esq.
ShuffieldLowman
1000 Legion Place, Suite 1700
Orlando, FL 32801
407- 581 -9715 (direct)
scookson shuffieldlowman.com
- - - -- Original Message---- -
From: Wagner, Russ [ mailto:rwagner(@ci.ocoee.fl.us
Sent: Wednesday, January 08, 2014 12:56 PM
To: Scott Cookson
Subject: RE: UseAgreement_OrangeCo.docx
Not this one.
- - - -- Original Message---- -
From: Scott Cookson [ mailto :scookson @ShuffieldLowman.com
Sent: Wednesday, January 08, 2014 11:56 AM
To: Wagner, Russ
Subject: Re: UseAgreement_OrangeCo.docx
Will the sign be lighted?
1
USE AGREEMENT BETNVEFN
CITY OF OCOEE AND ORANG F COUNTI
PHIS AGRITAIIA I (the "Agreemmnt "). is entered into h\ and het\veen City of )CoCC. a
municipality duly enacted under the laws of the Statc of'[ lorida ( °CitC). \\ ith a mailing address
at 150 N. Lakeshore Drive. Ocoee. IT 34761. and ORANG I. UM \ IY. a charter countv and
political subdivision of the State of I-]orida (Countv"). vv it II a until it address at P.O. 13o\ 1393.
Orlando. F1. 32802 -1393.
DUCATAI C
w'I II-:REAS. City is proposing to erect an - Ocoee k elcome Slum consistent with that
depicted on Exhibit "A" attached hereto and by this reference made a part hereof (the
'Improvements') within certain Countv right, of \va\ more particularly described in Exhibit
pa
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C'ounu. wherehv Cite will he allowed to install. construct_ and maintain the
i +s lmprovements within the Countv rights of vvav: and
w'l ILRII CCount\ requires that City he solely responsible for the Cult 111111C111 of certain
commitments and covenants to assure the ptrpttual and continuous maintenance ol'the
Improvements, which commitments and covenants are more particularly set lorth herein.
MAk . I HF:RFFORF: in consideration of the toregoing and of the terms and conditions
set firth herein. the parties agree as follow s:
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1. RECITALS The foregoing recitals arC true Mid CorreCt and form a nunCrial part
of this Ao rcement.
2. RIGHT -OF -WAY UTILIZATION PERMIT Countv shall issue a Permit to
Cite on or before 2014 subject to the terms of this :lgreemcnt.
In connection with the installation of
the Improvements. City, at its sole expense and at no cost to County, will restore
and portions of the County rights of wav damaged or disturbed by such
installation. Thereafter. Citv shall not damage. or disturb any portion of the
Countv rights of vv av vv ithout prior vv ritten approv al b\ C'ount\ and Countv 's
prior ritten approval of a plan to restore the County rights ol'\v a\. Nothing
contained herein or by virtue 01' the issuance ol the Permit shall givC or grunt the
Cite am ownership rights to any portion () I , ti Countv rights Of vvay. Nothing
contained herein or by virtue of the issuance of the Permit shall give or grant the
County any ownership rights to any portion of the Improvements.
3. IMPROVEMENTS Am Impro\emcnts that. in Count } 's sele reasonable
opinion, impede the liinctional operation ol planned. proposed. or evi,ting
underdrains shall not he permitted under this :1grCCniCnt. I he Impro�emcnls
shall be established and maintained in such a manner as vv ill IlellhCl'— interfere
�yith the usC of the COMM ri(Ohts ()I'\\ a\ h\ the puhliC or Countv nor create a
saletc hai.ard on such Countv rights If County determines, in its
seAe reasonable discretion. that the ImprovcmCnt, present a haiard. then
Puce' of ,
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cl�� name rutid��a� naintUl
('it%. at its sole expense and at no cost to Countv. shall rclocatC the ImproNemdnts
within the County rights of wav in such a manner as to slim inatc the hazard. to
the reasonable satisfaction of Count.
4. REMOVAL/ RELOCATION It. in the se�l reasonable opinion oCCounty_ the
Improvements interfere v%ith any construction- reconstruction. alteration.
improvement. or maintenance which County desires to perform on. around. or
under the Countv rights of vv Iv -
then City. upon receipt of "a Noritten notice fivm County. shall rei*O -V I
the Improvements within the County rights of way as requested by Count. and to
Countv's satisfaction. within thirty (?U) dais of receipt oCsaid notice. -Inv such
relocation or removal of the Improvements shall he at the sole expense oCC'ity.
5. ]NDEMNIFICATION To the extent provided by law, each partv a( to Formatted: Left
Formatted: Font. 12 pt, Bold
defend. indemnify. and hold harmless the other part- its ofTicials. and cmplocces
from all claims. actions. losses. suits. judgments. lines. liahilitics. costs. and
expenses (including attorney fees) attributable to its negligent acts or omissions.
or those of' its officials and emplo\ecs acting \\ ithin the scope of their
empIoyment. or arising out ofor resulting from the indCmnily ing party's
negligent performance under this aureement. Nothims contained herein shall
constitute a \\aiver of soy a'eign imnnmity or the prov isions of Section 768?8.
Florida Statutes. I he foregoing shall not constitute an agreement I" either partv
PaLO 3 of
tic -A erccmenL ^u
I'll name, a>zd", "an"(')
to assume am liahilit" Ibr the acts. omissions and 'or of file other
part.
6. INSURANCE Without %vairing its tight to soy ereign immunity as prov idCd in
Section 768.28. Florida Statutes. Cite ackno\\ IcducS to he Self- insured for ( cIlcraI
Liabilily and Automobile Liability with covcragc limits of aS set forth in Section
768.28. Florida Statutes City agrees to maintain commercial insurance or to he
Sell = insured for Workers' Compensation K I'.mploVcr;' I.iahility in accordance
v� ith Section 440. Florida Statute 440 Statutes . t upon requcSt City Shall prop idc an
al'fida\ it or Certificate of Insurance ev idcncin Sclf- insurance or commercial
insurance up to sova inunu116 limits. \\hich C ountc a-(-'l to 1111
acceptable for the covcrage mentioned ahoy C. County'., FailLIN to request prool'
o1 insurance or to identif\ any deficiency in coy cra_ge or compliance kith the
foregoing requirements shall not relieve ('itv obits liability and ohligatiuns under
this ag ee et Agreement Cite shall require all contractors perfi rming \\ork
ithin the Cuuim rights of \\a\ or casement area,, to procure and maintain
vvorkers' compensation_ commercial general liahility. husineSS auto liahilit\. and
contractor's pollution liabditN coy cra,'c. Fach partv shall he listed as an
additional insured on all general liahility policies.
7. RECORDI NG . phis Agreement shall he recorded in the Public Records of
Oran�c Countv. Florida. \� ithin thirty (30) day s ol' its esccution b\ the last partv
to c\ecutc it. Promptic upon evecution of this A,arccmcnL Cily Shall pay to
Pau,, 4 of 4
L �e:A!ream cnl_ `u
ci i� name. rund��sc nam of +l
Counu an amount c(lual to the applicahlc cost ol'rccording this Agreement in the
Public Records of Orange CountN. Florida_ or in the aIhcrnali\ C. City shall record
this Agreement at its cost in the Public Records of Change Connty_ Florida.
9. DURATION The proxisions. restrictions, and cmenant> ofthis Agrsmcnt shall
bind the parties Im period (25) vears from the date this
Agreement is recorded in the Public Records of )rangc Countv. Florida.
(hereafter. this Agreement shall he automatically e\tcndcd I01 successi�c periods
Often (10) years each. unless a vv ritten insuRument a,(rccinL to rep oke said
provisions. restrictions. and coy enants is approved h\ a majority of the Orange
CountN Board of Countv Commissioners and the City. NO such to
rewke shall be effecti until said \v ritten instrument has been signed.
acknovcledr ed. and recorded in the Public Records of Orange COMM- Florida.
NatwithstffHditig any of the abe,-N-e pfev Gatifity Shall have the fight to
D d Cn Co F lo r ida .
10. AMENDMENT I he prop isions. restriction~. and coy ell ants of this Agreement
shall not be modified or amended c\ccpt in a v\ ritten instrument appro\ rd h\ a
majority ofthe Orange COnnty Board ofCoulm Commissioners and the ('itv. Ao
such modification or amendment shall he eITCCtice until said Xcritten instrument
l - sc asrccmem_'_0
chc name roadwic name(,)
has been sinned. ackno\Nledged. and recorded in the I' tit) lic Rccordk OfOrange
Countv. Florida.
II. COMPLIANCE WITH APPLICABLE LAWS C'it\ shall cOmpl\ \v ith all
applicable state km s and countv Ordinance. including the Orange C011nty Right-
Of -Vva\ l tilization Regulations.
12. DISCLAIMEROF COLNTN RESPONSIBILIT I AOthing contained 11CIVIII
shall create any obligation On the 17,11-1 OI COMM to maintain or participate in the
maintenance of the Impr- enlents.
13. EFFECTIVE DATE phis Agi—cell -nt shall take effect upon heing recorded in
the Public Records ol'Orange C0U11ty. Florida.
Formatted: Indent: Left: 0 ", First line: 0 ",
Line spacing: single, Widow /Orphan control,
Adjust space between Latin and Asian text,
Adjust space between Asian text and numbers,
Tab stops: Not at -1"
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IN )XI INESS WHF,RI?OF. the Pw4e� ap !ties lim c caused this Agrea" ell t to he duly
esccuted by their respectiy e du1\ authorized representati\ cs on the date., set tirrth hclov\ .
ORANGE COL INTN , F LORI DA
1W Board of COUnty Conrnnissionas
Icresa Jacobs.
Orans�c County kla�or
Datc:
A I ITS F: Martha O. I laN nie. County Comptroller
As Clerk of the Board of' County Commissioner,
B\:
Depute Clerk
Par — 7 of 7
l se- �srrtmcm_'_
cite n.un r. road��m namcls)
Siencd. sealed and delivered
in the presence of:
Print Name.
Print Name:
FOR IISF. AND RITIANCF ONLY I3h' TI11:
C'FIY OF OCOIJF APPROVED AS TO
FORM AND ITGAFFI Y TI IIS . _ DAY
OF .2014.
SIIUFI II:LD. I OWMAN AND WILSON P.A.
Cite Attornc\
CITI OF OCOEE, FLORI DA, a
Ilorida municipal corporation
S. Scott VMIdungrilL Mayor
Beth 1 ikcnhern. ('itv ( Ierk
APPROVI 1) RY I III . OCO1:1. CI I)
COMMISSION A I A 191 -Ia1NG I11,I'D ON
20141'N AIR
AGI N'DA I I I tit W.
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EXHIBIT "A
Location and Dcscription ol
a--N. side C'larcona -ocoee Road at East Ocoee City hilliu
—� Ien Loot ball \\ cicomc Sion
Ar r
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S R:Vl'o -o Public Uorkslx,Asmenunh l.c ,Aeni_l"" eont dux.
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