Loading...
HomeMy WebLinkAboutItem #06 Approval of Revised Interlocal Agmt. w/ OC - Center Street Pond AGENDA ITEM COVER SHEET Meeting Date: April 18, 2006 Item # ~ Contact Name: Contact Number: Bob Zaitooni 6003 Reviewed By: Department Director: City Manager: ~- Subject: Approval of Revised Interlocal Agreement with Orange County Regarding Center Street Pond Background Summary: City Conunission previously approved this Agreement on December 6. 2005 and it was submitted for execution by tlIe Orange ComIty Board of ComIty Conullissioners. Orange Comlty has now requested minor revisions to add provisions for insurance requirements during construction to the Agreement. Staff has reviewed the revisions and recommends approval by the City Conullission. The original staff report describing the need for tIus Agreement is attached for clarity. Issue: Should tile city approve the revised interlocal agreement and accept ownership. maintenance. and control duties for an easement near Center Street? Recommendations Staff is requesting City Commission approve the revised Interlocal Agreement witIl Orange County as this is necessary to the plamled improvements associated with the Center Street Retention Pond pr~iect. Attachments: Original Interlocal Agreement, Revised lllterlocal Agreement Financial Impact: Type of Item: o Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution o Commission Approval o Discussion & Direction For Clerk's OeD' Use: 181 Consent Agenda o Public Hearing o Regular Agenda 181 Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept Reviewed by ( ) ?-,,,-O to D N/A D N/A D N/A City l\lana~er Robert Frank Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty ,Johnson. District :3 ,Joel F. Keller. District 4 Mayor S. Scott Vander~rift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Bob Zaitooni, Director of Public Works DATE: April 11, 2006 RE: Approval of revised Interlocal Agreement with Orange County Regarding Center Street Pond ISSUE Should the Honorable Mayor and City Commission approve the revised interlocal agreement with Orange County and accept ownership, maintenance, and control duties for an easement near Center Street? BACKGROUND/DISCUSSION City Commission previously approved this Agreement on December 6, 2005 and it was submitted for execution by the Orange County Board of County Commissioners. Orange County has now requested minor revisions to add provisions for insurance requirements during construction to the Agreement. Staff has reviewed the revisions and recommends approval by the City Commission. The original staff report describing the need for this Agreement is attached for clarity. This Agreement is necessary to (1) transfer the property over to the city for ownership, maintenance, and control and (2) transfer Center Street to the city formally. The county agrees with the city that it is in the best interest of the public that jurisdiction over Center Street be transferred to the city and that it is further in the public interest to make drainage improvements to the area for the benefit of the residents of the city and those in unincorporated Orange County. RECOMMENDA nON Staff respectfully requests that the City Commission approve the revised Interlocal Agreement with Orange County, as this is necessary to the planned improvements associated with the Center Street Retention Pond project; and to formally transfer Center Street to the city. THIS DOCUMENT PREPARED BY John P. Lowndes, Esq. Orange County Attorney's Office 201 S. Rosalind Avenue Orlando, FL 32801 INTERLOCAL AGREEMENT between ORANGE COUNTY, FLORIDA and CITY OF OCOEE, FLORIDA regarding CONSTRUCTION OF CERTAIN DRAINAGE IMPROVEMENTS TO COUNTY PROPERTY AND SUBSEQUENT CONVEYANCE TO CITY Approved by the Orange County Board of County Commissioners ,2006 Approved by City of Ocoee City Commission ,2006 1 THIS AGREEMENT (the "Agreement") effective as of the date oflast execution, is made by and between ORANGE COUNTY, FLORIDA, a charter county and a 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 WHEREAS, County has authority pursuant to section 125.01, Florida Statutes, to enter into agreements; and WHEREAS, City has authority pursuant to section 166.021, Florida Statutes, to enter into agreements; and WHEREAS, County and City have authority pursuant to section 163.01, Florida Statutes, to enter into interlocal agreements; and WHEREAS, County and City have jurisdiction pursuant to section 335.0415(1), Florida Statutes, over public roads within their respective road systems as of June 10, 1995; and WHEREAS, County and City have authority pursuant to section 335.0415(3), Florida Statutes, to transfer jurisdiction of public roads within their respective road systems by mutual agreement of the governmental entities; and WHEREAS, County, pursuant to its home rule power and Section 125.38 of the Florida Statues (2005), has authority to determine that County property is not needed for County purposes and to convey said property, for nominal price or otherwise, to any municipality of Florida; and WHEREAS, City has made application to County to obtain ownership, maintenance, control, and responsibility over a segment of Center Street as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Road Segment"); and WHEREAS, City has made application to County for conveyance of certain real property owned by County, as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference (the "County Property"), which property is adjacent to Center Street and the City; and WHEREAS, County has considered City's applications and has determined that the County Property and the Road Segment are no longer needed for County purposes and that the conveyance of the County Property and the Road Segment to City is in the public interest; and 2 WHEREAS, City and County have determined that it is in the public interest that jurisdiction over Center Street is transferred to, and/or confirmed to be part of, the City; and WHEREAS, City intends to make certain drainage improvements to the County Property for the benefit of the residents of City and the unincorporated County (the "Drainage Improvements," as defined below); and ' WHEREAS, City and County desire to memorialize the terms and conditions under which jurisdiction and property interests will be transferred to City and under which the Drainage Improvements will be constructed, operated, and maintained. NOW, THEREFORE, in consideration of the covenants and conditions herein and for other good and valuable consideration, each to the other given, the receipt and sufficiency of which is hereby acknowledged by both parties, the parties hereby agree as follows: Section 1. Recitals Incorporated. The foregoing recitals are true and correct and are incorporated herein as a material part of this Agreement. Section 2. Design of Drainage Improvements. The parties have approved plans for the Drainage Improvement (the "Plans"), prepared for City by Professional Engineering Consultants, Inc., dated February, 2005, with identifying number 0E-388. The Plans are on file with the Director of the County's Public Works Division. The drainage improvements depicted on the Plans shall be termed herein the "Drainage Improvements." Section 3. Construction of Drainage Improvements. City shall be responsible for obtaining all permits and approvals necessary and obtainable for the construction of the Drainage Improvements. Within six (6) months after the effective date of this Agreement, City, at its own cost and expense, shall cause the Drainage Improvements to be constructed in substantial accordance with the Plans and permits. City shall ensure that all appropriate bonds are secured pursuant to Section 255.05, Florida Statutes (2005) and other applicable law. IfCity determines it necessary to alter the Plans (other than insubstantial field alterations), City shall submit such changes to County for approval prior to construction. Section 4. Conveyance of County Property to City. No more than thirty (30) days after the City and County accept the completed Drainage Improvements and City provides to County adequate evidence of all payment therefor, County shall convey to City, and City shall accept, the County Property pursuant to a statutory county deed in substantially the form attached hereto as Exhibit "C", and shall be deemed to have accepted as well all structures, improvements and facilities thereon. Within fifteen (15) days of receipt of the county deed, City shall accept it and County Property by recording the deed in the official records of Orange County at City's expense. 3 Section 5. Right of Entry. The County hereby grants the City a right of entry onto the County Property for the purposes of constructing the Drainage Improvements. The City hereby agrees to indemnify and hold harmless the County, to the extent pennitted by law, from and against any and all claims, damages, debts, suits, costs, expenses, losses, liabilities and obligations (including without limitation reasonable attorneys fees prior to and upon appeal) arising in connection with this right of entry. This right of entry shall expire eighteen months after the Effective Date of this Agreement, or upon the County's acceptance of the completed construction of the Drainage Improvements, whichever occurs sooner. This indemnification and hold harmless provision shall survive the termination of the right of entry. Section 6. Insurance. The City shall acquire and maintain throughout the term of this Agreement such general liability, automobile liability and workers' compensation insurance as required by their current rules and regulations. In the event the City subcontracts any work under this Agreement, the City shall require its subcontractor(s) to acquire and maintain throughout the course of its contract period workers' compensation, commercial general liability, business automobile liability, professional liability (for design components) in amount acceptable to the County. The City and the County shaH be listed as additional insureds on the general liability policies. All insurance policies shall include a provision that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the County. Section 7. Operation and Maintenance. At all times prior to, during, and after completion of the Drainage Improvements by City, City hereby assumes all obligation and liability for the operation and maintenance of drainage upon and over the County Property, and shall, to the extent permitted by law, indemnify and hold harmless the County, from and against any and all claims, damages, debts, suits, costs, expenses, losses, liabilities and obligations (including without limitation reasonable attorneys fees prior to and upon appeal) arising in connection with therefrom. Section 8. Transfer of Property Interest and Jurisdiction of Segment of Center Street. Jurisdiction over the Road Segment is hereby transferred to, and/or confirmed to be part of, the City, and the Road Segment shall, as of the effective date of this Interlocal Agreement, become a part of the City street system, including the authority to issue pennits and collect permit fees. County shall transfer County's right, interest and title to and in any and all right-of- way for the Road Segment that is or may be held in fee title by the County or that is or may be in the possession of the County by dedication, right-of-way deed, easement or operation of law by delivery of a statutory county deed in favor of the City in substantially the form attached hereto as Exhibit "c" within thirty (30) days of execution of this Interlocal Agreement. Within fifteen (15) days of receipt thereof, City shall accept the deed and right-of-way by recording the deed in the official records of Orange County at City's expense. Section 9. City's Jurisdiction over the Road Segment; Limitation of City's Jurisdiction. City's jurisdiction over the Road Segment includes the authority and obligation to 4 own, maintain, control, repair, or improve the Road Segment, and to regulate, warn, or guide traffic on the Road Segment, regardless of any future alteration, realignment, construction, extension, widening, or renaming of the Road Segment. Section 10. Disclaimer of Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives, heirs, successors and assigns. Section 11. Entire Agreement This Agreement embodies and constitutes the entire understanding of the parties with respect to the subject matter addressed herein, and all prior or contemporaneous agreements, undertakings, representations and statements, oral or written are merged into this Agreement. Section 12. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail, postage prepaid, certified mail, return-receipt requested, addressed to the person at the address set forth opposite the party's name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: H to County: Director, Orange County Public Works Department 4200 South John Young Parkway Orlando, Florida 32839 Facsimile: (407) 836-7716 With copy to: County Administrator 201 South Rosalind Avenue, Fifth Floor Orlando, Florida 32801 Facsimile: (407) 836-7399 H to City: Director, Public Works City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 With copy to: City Manager, City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 5 All such notices or other communication shall be deemed effective (i) upon delivery, if delivered by hand, certified mail, private courier, or by facsimile transmission, or (ii) upon refusal of delivery if properly addressed. Section 13. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. Section 14. Time is o(the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 15. Limitation of Remedies. County and City expressly agree that the consideration, in part, for each of them entering into this Agreement is the willingness of the other to limit the remedies as provided herein. Except as otherwise provided herein, in redress for the failure of either party to perform its obligations under this Agreement, the parties shall have only the following remedies available against each other: (i) action for specific performance; or (ii) action for injunction; or (iii) action for declaratory judgment regarding the rights and obligations of City or County; or (iv) any combination of the foregoing. Both parties hereto expressly waive their respective rights to sue for damages of any type for breach of or default under this Agreement by the other. Both parties expressly agree that each shall bear the cost of its own attorney's fees for any action arising out of or in connection with this Agreement. Venue for any actions initiated under or in connection with this Agreement shall be in the circuit court for the Ninth Judicial Circuit of Florida in Orange County. Section 16. Force Majeure. Neither Party shall be liable for any delay or damage arising out of or resulting from a strike, slowdown, lockout, act of God, inability to obtain labor or materials, war, enemy action, terrorist attack, civil commotion, fire, casualty, a court order, or any other cause beyond the reasonable control of a Party. Notwithstanding any other provision of this Agreement, in the event that after the execution of this Agreement but prior to the County's Contribution toward the Drainage Improvements there shall have occurred any outbreak: of hostilities, any national or international calamity or crisis, including a financial crisis, or any event or incident of terrorism or attack by a foreign power or terrorist group or individual, the effect of which, in the reasonable judgment of County Mayor would materially adversely affect the availability of revenues or funds available for the completion of this Agreement's obligations, County may provide written notification to City, then this Agreement and all rights and obligations hereunder shall thereupon cease, terminate and be null and void. 6 Section 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 18. Effective Date. The effective date of this Agreement shall be the date when the last party has properly executed this Agreement as determined by the date set forth immediately below the respective signatures of said parties. [SIGNATURES ON FOLLOWING PAGES] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year indicated below. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Richard T. Crotty Orange County Mayor Date: ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk Date: 8 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,20_. FOLEY & LARDNER LLP By: City Attorney CITY: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Date: ATTEST: Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING BELDON ,20_ UNDER AGENDA ITEM NO. 9 EXHmIT "A" Legal Description of Road Segment 10 EXHmIT "B" Legal Description of County Property 11 EXHIBIT "c" Form of County Deed COUNTY DEED TIllS QUIT -CLAIM DEED, Made the ~ day of AD., 20-, by ORANGE COUNTY, a political subdivision of the state of Florida, whose address is Box 1393, Orlando, Florida 32802-1393, GRANTOR in favor of TIlE CITY OF OCOEE, a municipal corporation created by and existing under the laws of the State of Florida, GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the sum of $1.00 and other valuable considerations, in band paid by the GRANTEE, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit-claim unto the said GRANTEE forever, all the right, title, interest, claim, and demand which the GRANTOR has in and to the following described lot(s), piece(s), or parcel(s) ofland, situate, lying and being in the County of Orange, State of Florida, to-wit: [INSERT LEGAL DESCRIPTION] TIllS COUNTY DEED is being given in accordance with the Interloca1 Agreement between Orange County, Florida and the City of Ocoee, Florida regarding Construction of Certain Drainage Improvements to County Property and Subsequent Conveyance to City. TO HA VB AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the GRANTOR, either in law or equity, to the only proper use, benefit, and behoove of the GRANTEE forever. IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed in its name by its Board, acting by the County Mayor, the day and year aforesaid. (Official Seal) ORANGE COUNTY, FLORIDA BY: Board of County Commissioners BY: _[DO NOT EXECUTE]_ Richard T. Crotty Ornnge County Mayor DATE ATIEST: Martha O. Haynie, County Comptroller, Clerk to the Board BY: Deputy Clerk Printed Name 12 Si6 AGENDA ITEM COVER SHEET Meeting Date: December 6, 2005 Item # Contact Name: Contact Number: T onya Elliott 6003 Reviewed By: Department Director: City Manager: SUbject: Approval of Interlocal Agreement with Orange County Regarding Center Street Pond Background Summary: Currently a portion of property necessary to the drainage improvement prqject scheduled for the Center Street area is owned by Orange Calmty. An interlocal agreement is necessary to (1) transfer the property over to the city for ownership. maintenance. and control and (2) transfer Center Street to tlle city fonnally. The comIty agrees with the city that it is in the best interest of the public that jurisdiction over Center Street be transferred to the city and that it is fhrther in tbe public interest to make drainage improvements to the area for the benefit of the residents of tlle city and tllose in muncorporated Orange ComIty. The interlocal agreement defines issues such as design and constmction of the drainage improvements. a timeframe for conveyance of the property to the City. a granting of right of entry for tlle purpose of design and constmctiolL setting of liability for operation and maintenance of the area. defilution of the city's jurisdiction over the roadway. exclusion of any third party benefits. acknowledgment of an Imderstanding of the entire agreement by all parities. notification requirements. stating that the agreement shall be interpreted by the law. time is of the essence declared. remedies available to each party for failure to perfonll contract obligations. neither party is liable for delay or dan13ge arising from natural occurrences. etc.. this agreement can have further counterparts wluch will become part of the original instnunent and shall provide for an effective date. Issue: Should the city approve the interlocal agreement and accept ownership. maintenance. and control duties for an easement near Center Street? Recommendations Staff is requesting City Commission approve tlle InterlocaJ Agreement with Orange ComIty as tlus is necessary to the planned improvements associated with the Center Street Retention Pond pr~ject. Attachments: Interlocal Agreement Financial Impact: Type of Item: o Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution o Commission Approval o Discussion & Direction For Clerk's DeDt Use: ~ Consent Agenda o Public Hearing o Regular Agenda r83 Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed bv ( ) ~ N/A o N/A n N/A City Mana~er Robert Frank center of litJOd 1./1 _ ~ Commissioners Gary Hood. District 1 Scott Anderson. District 2 Rusty ,Johnson. District :3 Nancy ,1. Parker. District 4 l\layor S. Scott Y ander~rift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Bob Zaitooni, Director of Public Works DATE: November 21, 2005 RE: Approval of Interlocal Agreement with Orange County Regarding Center Street Pond ISSUE Should the Honorable Mayor and City Commission approve the interlocal agreement with Orange County and accept ownership, maintenance, and control duties for an easement near Center Street? BACKGROUND/DISCUSSION Currently a portion of property necessary to the drainage improvement project scheduled for the Center Street area is owned by Orange County. An interlocal agreement is necessary to (1) transfer the property over to the city for ownership, maintenance, and control and (2) transfer Center Street to the city formally. The county agrees with the city that it is in the best interest of the public that jurisdiction over Center Street be transferred to the city and that it is further in the public interest to make drainage improvements to the area for the benefit of the residents of the city and those in unincorporated Orange County. The interlocal agreement defines issues such as design and construction of the drainage improvements, a timeframe for conveyance of the property to the City, a granting of right of entry for the purpose of design and construction, setting of liability for operation and maintenance of the area, definition of the city's jurisdiction over the roadway, exclusion of any third party benefits, acknowledgment of an understanding of the entire agreement by all parities, notification requirements, stating that the agreement shall be interpreted by the law, time is of the essence declared, remedies available to each party for failure to perform contract obligations, neither party is liable for delay or damage arising from natural occurrences, etc., this agreement can have further counterparts which will become part of the original instrument, and shall provide for an effective date. RECOMMENDATION Staff respectfully requests that the City Commission approve the Interlocal Agreement with Orange County, as this is necessary to the planned improvements associated with the Center Street Retention Pond project; and to formally transfer Center Street to the city. O~I ~I^, fir L.. - mlS DOCUMENT PREPARED BY John P. Lowndes, Esq. Orange County Attorney's Office 201 S. Rosalind Avenue Orlando, FL 32801 INTERLOCAL AGREEMENT between ORANGE COUNTY, FLORIDA and CITY OF OCOEE, FLORIDA regarding CONSTRUCTION OF CERTAIN DRAINAGE IMPROVEMENTS TO COUNTY PROPERTY AND SUBSEQUENT CONVEYANCE TO CITY Approved by the Orange County Board of County Commissioners . 2005 Approved by City of Ocoee City Commission ,2005 1 THIS AGREEMENT (the "Agreement") effective as of the date of last execution, is made by and between ORANGE COUNTY, FLORIDA, a charter county and a 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 WHEREAS, County has authority pursuant to section 125.01, Florida Statutes, to enter into agreements; and WHEREAS, City has authority pursuant to section 166.021, Florida Statutes, to enter into agreements; and WHEREAS, County and City have authority pursuant to section 163.01, Florida Statutes, to enter into interlocal agreements; and WHEREAS, County and City have jurisdiction pursuant to section 335. 0415( 1), Florida Statutes, over public roads within their respective road systems as of June 10, 1995; and WHEREAS, County and City have authority pursuant to section 335.0415(3), Florida Statutes, to transfer jurisdiction of public roads within their respective road systems by mutual agreement of the governmental entities; and WHEREAS, County, pursuant to its home rule power and Section 125.38 of the Florida Statues (2005), has authority to detennine that County property is not needed for County purposes and to convey said property, for nominal price or otherwise, to any municipality of Florida; and WHEREAS, City has made application to County to obtain ownership, maintenance, control, and responsibility over a segment of Center Street as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Road Segment"); and WHEREAS, City has made application to County for conveyance of certain real property owned by County, as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference (the "County Property"), which property is adjacent to Center Street and the City; and WHEREAS, County has considered City's applications and has determined that the County Property and the Road Segment are no longer needed for County purposes and that the conveyance of the County Property and the Road Segment to City is in the public interest; and 2 WHEREAS, City and County have detennined that it is in the public interest that jurisdiction over Center Street is transferred to, and/or confirmed to be part of, the City; and WHEREAS, City intends to make certain drainage improvements to the County Property for the benefit of the residents of City and the unincorporated County (the "Drainage Improvements," as defined below); and WHEREAS, City and County desire to memorialize the tenns and conditions under which jurisdiction and property interests will be transferred to City and under which the Drainage Improvements will be constructed, operated, and maintained. NOW, THEREFORE, in consideration of the covenants and conditions herein and for other good and valuable consideration, each to the other given, the receipt and sufficiency of which is hereby acknowledged by both parties, the parties hereby agree as follows: Section 1. Recitals Incorporated The foregoing recitals are true and correct and are incorporated herein as a material part of this Agreement. Section 2. Design of Drainage Improvements. The parties have approved plans for the Drainage Improvement (the "Plans"), prepared for City by Professional Engineering Consultants, Inc., dated August, 2005, with identifying number OE-388. The Plans are on file with the Director of the County's Public Works Division. The drainage improvements depicted on the Plans shall be tenned herein the "Drainage Improvements." Section 3. Construction of Drainage Improvements. City shall be responsible for obtaining all permits and approvals necessary and obtainable for the construction of the Drainage Improvements. Within six (6) months after the effective date of this Agreement, City, at its own cost and expense, shall cause the Drainage Improvements to be constructed in substantial accordance with the Plans and pennits. City shall ensure that all appropriate bonds are secured pursuant to Section 255.05, Florida Statutes (2005) and other applicable law. If City determines it necessary to alter the Plans (other than insubstantial field alterations), City shall submit such changes to County for approval prior to construction. Section 4. Conveyance of County Property to City. No more than thirty (30) days after the City and County accept the completed Drainage Improvements and City provides to County adequate evidence of all payment therefor, County shall convey to City, and City shall accept, the County Property pursuant to a statutory county deed in substantially the fonn attached hereto as Exhibit "C", and shall be deemed to have accepted as well all structures, improvements and facilities thereon. Within fifteen (15) days of receipt of the county deed, City shall accept it and County Property by recording the deed in the official records of Orange County at City's expense. 3 Section 5. Right of Entry. The County hereby grants the City a right of entry onto the County Property for the purposes of constructing the Drainage Improvements. The City hereby agrees to indemnify and hold harmless the County, to the extent pennitted by law, from and against any and all claims, damages, debts, suits, costs, expenses, losses, liabilities and obligations (including without limitation reasonable attorneys fees prior to and upon appeal) arising in connection with this right of entry. This right of entry shall expire eighteen months after the Effective Date of this Agreement, or upon the County's acceptance of the completed construction of the Drainage Improvements, whichever occurs sooner. This indemnification and hold harmless provision shall survive the tennination of the right of entry. Section 7. Operation and Maintenance. At all times prior to, during, and after completion of the Drainage Improvements by City, City hereby assumes all obligation and liability for the operation and maintenance of drainage upon and over the County Property, and shall, to the extent pennitted by law, indemnify and hold hannless the County, from and against any and all claims, damages, debts, suits, costs, expenses, losses, liabilities and obligations (including without limitation reasonable attorneys fees prior to and upon appeal) arising in connection with therefrom. Section 8. Transfer of Property Interest and Jurisdiction of Segment of Center Street. Jurisdiction over the Road Segment is hereby transferred to, and/or confinned to be part of, the City, and the Road Segment shall, as of the effective date of this Interlocal Agreement, become a part of the City street system, including the authority to issue pennits and collect permit fees. County shall transfer County's right, interest and title to and in any and all right-of- way for the Road Segment that is or may be held in fee title by the County or that is or may be in the possession of the County by dedication, right-of-way deed, easement or operation of law by delivery of a statutory county deed in favor of the City in substantially the fonn attached hereto as Exhibit "C" within thirty (30) days of execution of this Interlocal Agreement. Within fifteen (15) days of receipt thereof, City shall accept the deed and right-of-way by recording the deed in the official records of Orange County at City's expense. Section 9. City's Jurisdiction over the Road Segment; Limitation of City's Jurisdiction. City's jurisdiction over the Road Segment includes the authority and obligation to own, maintain, control, repair, or improve the Road Segment, and to regulate, warn, or guide traffic on the Road Segment, regardless of any future alteration, realignment, construction, extension, widening, or renaming of the Road Segment. Section 10. Disclaimer of Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives, heirs, successors and assigns. Section 11. Entire Agreement This Agreement embodies and constitutes the entire 4 understanding of the parties with respect to the subject matter addressed herein, and all prior or contemporaneous agreements, undertakings, representations and statements, oral or written are merged into this Agreement. Section 12. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail, postage prepaid, certified mail, return-receipt requested, addressed to the person at the address set forth opposite the party's name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: . H to County: Director, Orange County Public Works Department 4200 South John Young Parkway Orlando, Florida 32839 Facsimile: (407) 836-7716 With copy to: County Administrator 201 South Rosalind Avenue, Fifth Floor Orlando, Florida 32801 Facsimile: (407) 836-7399 H to City: Director, Public Works City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 With copy to: City Manager, City ofOcoee 150 N. Lakeshore Drive Ocoee, FL 34761 All such notices or other communication shall be deemed effective (i) upon delivery, if delivered by hand, certified mail, private courier, or by facsimile transmission, or (ii) upon refusal of delivery if properly addressed. Section 13. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. Section 14. Time is of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 15. Limitation of Remedies. County and City expressly agree that the consideration, in part, for each of them entering into this Agreement is the willingness of the 5 other to limit the remedies as provided herein. Except as otherwise provided herein, in redress for the failure of either party to perform its obligations under this Agreement, the parties shall have only the following remedies available against each other: (i) action for specific performance; or (ii) action for injunction; or (iii) action for declaratory judgment regarding the rights and obligations of City or County; or (iv) any combination of the foregoing. Both parties hereto expressly waive their respective rights to sue for damages of any type for breach of or default under this Agreement by the other. Both parties expressly agree that each shall bear the cost of its own attorney's fees for any action arising out of or in connection with this Agreement. Venue for any actions initiated under or in connection with this Agreement shall be in the circuit court for the Ninth Judicial Circuit of Florida in Orange County. Section 16. Force Majeure. Neither Party shall be liable for any delay or damage arising out of or resulting from a strike, slowdown, lockout, act of God, inability to obtain labor or materials, war, enemy action, terrorist attack, civil commotion, fire, casualty, a court order, or any other cause beyond the reasonable control of a Party. Notwithstanding any other provision of this Agreement, in the event that after the execution of this Agreement but prior to the County's Contribution toward the Drainage Improvements there shall have occurred any outbreak of hostilities, any national or international calamity or crisis, including a financial crisis, or any event or incident of terrorism or attack by a foreign power or terrorist group or individual, the effect of which, in the reasonable judgment of County Mayor would materially adversely affect the availability of revenues or funds available for the completion of this Agreement's obligations, County may provide written notification to City, then this Agreement and all rights and obligations hereunder shall thereupon cease, terminate and be null and void. Section 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 18. Effective Date. The effective date of this Agreement shall be the date when the last party has properly executed this Agreement as determined by the date set forth immediately below the respective signatures of said parties. [SIGNATURES ON FOLLOWING PAGES] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year indicated below. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Richard T. Crotty Orange County Mayor Date: ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk Date: 7 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,20_. FOLEY & LARDNER LLP By: City Attorney CITY: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Date: A TIEST: Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING BELDON ,20_ UNDER AGENDA ITEM NO. 8 EXHffiIT "A" Legal Description of Road Segment 9 EXHmIT "B" Legal Description of County Property 10 EXHIBIT "c" Form of County Deed COUNTY DEED TIllS QUIT -CLAIM DEED, Made the _ day of AD., 20-, by ORANGE COUNTY, a political subdivision of the state of Florida, whose address is Box 1393, Orlando, Florida 32802-1393, GRANTOR in favor of TIIE CITY OF OCOEE, a municipal corporation created by and existing under the Jaws of the State of Florida, GRANTEE. WITNESSETII: That the GRANTOR, for and in consideration of the sum of$I.OO and other valuable considerations, in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit-claim ooto the said GRANTEE forever, all the right, title, interest, claim, and demand which the GRANTOR has in and to the following described lot(s), piece(s), or parcel(s) ofland, situate, lying and being in the County of Orange, State of Florida, to-wit: [INSERT LEGAL DESCRIPTION] TIllS COUNTY DEED is being given in accordance with the Interlocal Agreement between Orange County, Florida and the City of Ocoee, Florida regarding Construction of Certain Drainage Improvements to County Property and Subsequent Conveyance to City. TO HA VE AND TO HOLD the same together with all and singular the appurtenances thereooto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the GRANTOR, either in law or equity, to the only proper use, benefit, and behoove of the GRANTEE forever. IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed in its name by its Board, acting by the County Mayor, the day and year aforesaid. (Official Seal) ORANGE COUNTY, FLORIDA BY: Board of County Commissioners BY: _[DO NOT EXECUTEJ_ Richard T. Crotty Orange Coooty Mayor DATE ATTEST: Martha O. Haynie, COooty Comptroller, Clerk to the Board BY: Deputy Clerk Printed Name 11 mIS DOCUMENT PREPARED BY John P. Lowndes, Esq. Orange County Attorney's Office 201 S. Rosalind Avenue Orlando, FL 32801 INTERLOCAL AGREEMENT between ORANGE COUNTY, FLORIDA and CITY OF OCOEE, FLORIDA regarding CONSTRUCTION OF CERTAIN DRAINAGE IMPROVEMENTS TO COUNTY PROPERTY AND SUBSEQUENT CONVEYANCE TO CITY Approved by the Orange County Board of County Commissioners . 2006 Approved by City of Ocoee City Commission .2006 1 THIS AGREEMENT (the "Agreement") effective as of the date of last execution, is made by and between ORANGE COUNTY, FLORIDA, a charter county and a political subdivision of the State of Florida ("County"), and THE CITY OF OCOEE, FWRIDA a municipal corporation created and existing under the laws of the State of Florida ("City"). RECITALS WHEREAS, County has authority pursuant to section 125.01, Florida Statutes, to enter into agreements; and WHEREAS, City has authority pursuant to section 166.021, Florida Statutes, to enter into agreements; and WHEREAS, County and City have authority pursuant to section 163.01, Florida Statutes, to enter into interlocal agreements; and WHEREAS, County and City have jurisdiction pursuant to section 335.0415(1), Florida Statutes, over public roads within their respective road systems as of June 10, 1995; and WHEREAS, County and City have authority pursuant to section 335.0415(3), Florida Statutes, to transfer jurisdiction of public roads within their respective road systems by mutual agreement of the governmental entities; and WHEREAS, County, pursuant to its home rule power and Section 125.38 of the Florida Statues (2005), has authority to determine that County property is not needed for County purposes and to convey said property, for nominal price or otherwise, to any municipality of Florida; and WHEREAS, City has made application to County to obtain ownership, maintenance, control, and responsibility over a segment of Center Street as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Road Segment"); and WHEREAS, City has made application to County for conveyance of certain real property owned by County, as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference (the "County Property"), which property is adjacent to Center Street and the City; and WHEREAS, County has considered City's applications and has determined that the County Property and the Road Segment are no longer needed for County purposes and that the conveyance of the County Property and the Road Segment to City is in the public interest; and 2 WHEREAS, City and County have determined that it is in the public interest that jurisdiction over Center Street is transferred to, and/or confirmed to be part of, the City; and WHEREAS, City intends to make certain drainage improvements to the County Property for the benefit of the residents of City and the unincorporated County (the "Drainage Improvements," as defined below); and WHEREAS, City and County desire to memorialize the terms and conditions under which jurisdiction and property interests will be transferred to City and under which the Drainage Improvements will be constructed, operated, and maintained. NOW, THEREFORE, in consideration of the covenants and conditions herein and for other good and valuable consideration, each to the other given, the receipt and sufficiency of which is hereby acknowledged by both parties, the parties hereby agree as follows: Section 1. Recitals Incorporated. The foregoing recitals are true and correct and are incorporated herein as a material part of this Agreement. Section 2. Design of Drainage Improvements. The parties have approved plans for the Drainage Improvement (the "Plans"), prepared for City by Professional Engineering Consultants, Inc., dated February, 2005, with identifying number OE-388. The Plans are on file with the Director of the County's Public Works Division. The drainage improvements depicted on the Plans shall be termed herein the "Drainage Improvements." Section 3. Construction of Drainage Improvements. City shall be responsible for obtaining all permits and approvals necessary and obtainable for the construction of the Drainage Improvements. Within six (6) months after the effective date of this Agreement, City, at its own cost and expense, shall cause the Drainage Improvements to be constructed in substantial accordance with the Plans and permits. City shall ensure that all appropriate bonds are secured pursuant to Section 255.05, Florida Statutes (2ooS) and other applicable law. If City determines it necessary to alter the Plans (other than insubstantial field alterations), City shall submit such changes to County for approval prior to construction. Section 4. Conveyance of County Property to City. No more than thirty (30) days after the City and County accept the completed Drainage Improvements and City provides to County adequate evidence of all payment therefor, County shall convey to City, and City shall accept, the County Property pursuant to a statutory county deed in substantially the form attached hereto as Exhibit "C", and shall be deemed to have accepted as well all structures, improvements and facilities thereon. Within fifteen (15) days of receipt of the county deed, City shall accept it and County Property by recording the deed in the official records of Orange County at City's expense. 3 Section 5. Right of Entry. The County hereby grants the City a right of entry onto the County Property for the purposes of constructing the Drainage Improvements. The City hereby agrees to indemnify and hold harmless the County, to the extent permitted by law, from and against any and all claims, damages, debts, suits, costs, expenses, losses, liabilities and obligations (including without limitation reasonable attorneys fees prior to and upon appeal) arising in connection with this right of entry. This right of entry shall expire eighteen months after the Effective Date of this Agreement, or upon the County's acceptance of the completed construction of the Drainage Improvements, whichever occurs sooner. This indemnification and hold harmless provision shall survive the termination of the right of entry. Section 6. Insurance. The City shall acquire and maintain throughout the tenn of this Agreement such general liability, automobile liability and workers' compensation insurance as required by their current rules and regulations. In the event the City subcontracts any work under this Agreement, the City shall require its subcontractor(s) to acquire and maintain throughout the course of its contract period workers' compensation, commercial general liability, business automobile liability, professional liability (for design components) in amount acceptable to the County. The City and the County shall be listed as additional insureds on the general liability policies. All insurance policies shall include a provision that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the County. Section 7. Operation and Maintenance. At all times prior to, during, and after completion of the Drainage Improvements by City, City hereby assumes all obligation and liability for the operation and maintenance of drainage upon and over the County Property, and shall, to the extent permitted by law, indemnify and hold harmless the County, from and against any and all claims, damages, debts, suits, costs, expenses, losses, liabilities and obligations (including without limitation reasonable attorneys fees prior to and upon appeal) arising in connection with therefrom. Section 8. Transfer of Property Interest and Jurisdiction of Segment of Center Street. Jurisdiction over the Road Segment is hereby transferred to, and/or confirmed to be part of, the City, and the Road Segment shall, as of the effective date of this Interlocal Agreement, become a part of the City street system, including the authority to issue permits and collect permit fees. County shall transfer County's right, interest and title to and in any and all right -of- way for the Road Segment that is or may be held in fee title by the County or that is or may be in the possession of the County by dedication, right-of-way deed, easement or operation oflaw by delivery of a statutory county deed in favor of the City in substantially the form attached hereto as Exhibit "C" within thirty (30) days of execution of this Interlocal Agreement. Within fifteen (15) days of receipt thereof, City shall accept the deed and right-of-way by recording the deed in the official records of Orange County at City's expense. Section 9. City's Jurisdiction over the Road Segment; Limitation of City's Jurisdiction. City's jurisdiction over the Road Segment includes the authority and obligation to 4 own, maintain, control, repair, or improve the Road Segment, and to regulate, warn, or guide traffic on the Road Segment, regardless of any future alteration, realignment, construction, extension, widening, or renaming of the Road Segment. Section 10. Disclaimer of Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a party hereto. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, other than the parties hereto and their respective representatives, heirs, successors and assigns. Section 11. Entire Agreement This Agreement embodies and constitutes the entire understanding of the parties with respect to the subject matter addressed herein, and all prior or contemporaneous agreements, undertakings, representations and statements, oral or written are merged into this Agreement. Section 12. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail, postage prepaid, certified mail, return-receipt requested, addressed to the person at the address set forth opposite the party's name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: H to County: Director, Orange County Public Works Department 4200 South John Young Parkway Orlando, Florida 32839 Facsimile: (407) 836-7716 With copy to: County Administrator 201 South Rosalind Avenue, Fifth Floor Orlando, Florida 32801 Facsimile: (407) 836-7399 H to City: Director, Public Works City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 With copy to: City Manager, City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 5 All such notices or other communication shall be deemed effective (i) upon delivery, if delivered by hand, certified mail, private courier, or by facsimile transmission, or (ii) upon refusal of delivery if properly addressed. Section 13. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. Section 14. Time is of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 15. Limitation of Remedies. County and City expressly agree that the consideration, in part, for each of them entering into this Agreement is the willingness of the other to limit the remedies as provided herein. Except as otherwise provided herein, in redress for the failure of either party to perform its obligations under this Agreement, the parties shall have only the following remedies available against each other: (i) action for specific performance; or (ii) action for injunction; or (iii) action for declaratory judgment regarding the rights and obligations of City or County; or (iv) any combination of the foregoing. Both parties hereto expressly waive their respective rights to sue for damages of any type for breach of or default under this Agreement by the other. Both parties expressly agree that each shall bear the cost of its own attorney's fees for any action arising out of or in connection with this Agreement. Venue for any actions initiated under or in connection with this Agreement shall be in the circuit court for the Ninth Judicial Circuit of Florida in Orange County. Section 16. Force Majeure. Neither Party shall be liable for any delay or damage arising out of or resulting from a strike, slowdown, lockout, act of God, inability to obtain labor or materials, war, enemy action, terrorist attack, civil commotion, fire, casualty, a court order, or any other cause beyond the reasonable control of a Party. Notwithstanding any other provision of this Agreement, in the event that after the execution of this Agreement but prior to the County's Contribution toward the Drainage Improvements there shall have occurred any outbreak of hostilities, any national or international calamity or crisis, including a financial crisis, or any event or incident of terrorism or attack by a foreign power or terrorist group or individual, the effect of which, in the reasonable judgment of County Mayor would materially adversely affect the availability of revenues or funds available for the completion of this Agreement's obligations, County may provide written notification to City, then this Agreement and all rights and obligations hereunder shall thereupon cease, terminate and be null and void. 6 Section 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 18. Effective Date. The effective date of this Agreement shall be the date when the last party has properly executed this Agreement as determined by the date set forth immediately below the respective signatures of said parties. [SIGNATURES ON FOLLOWING PAGES] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year indicated below. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Richard T. Crotty Orange County Mayor Date: ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk Date: 8 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,20_. FOLEY & LARDNER LLP By: City Attorney CITY : CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Date: ATTEST: Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HErnON ,20_ UNDER AGENDA ITEM NO. 9 EXHmIT "A" Legal Description of Road Segment 10 EXHIBIT "At? LEGAL DESCRIPTION FOR THE TRANSFER OF CENTER STREET RIGHT OF WAY TO THE CITY OF OCOEE A portion olright of way lying in the Northwt-%-of-SeCdoU-17. ToWnship 2fSoutli:- Range 28 East. Orange County. Florida and being more particularly described as foUows: All that right of way for Center Street lying East of the West line of the Northeast ~ of said Section 17 and West of the West right of way line of Ocoee Hills Road as descnbed in, but not limited to. the following Public Records of Orange County, Florida: 1. Lakeview Fourth Addition, as described in Plat Book "V". page 47 2. Lakeview Fifth Addition, as described in Plat Book "'W', page 7 3. Ocaee Hills, as desCribed in Plat Book ..x", page 106 4. Sunny Slopes, as described in Plat Book "U", page 99 5. RepJat ofLakewood ~ls, as descn"bed in Plat Book "V", page 7 6. HiUcrcst Heights, as described in Plat Book "M"$ page 98 7. Official Record Book 2263, page 471 8. Official Record Book 2993, page 1366. Containing 3.2 acres, more or less. , . I . . ~ LEGAL OEseR/PTlON PARCEl 801. ESTATE: PERPETUAL EASEMENT PURPOSE: DRAINAGE lEGAl.. OESCfi60TlON A JHlfTd tlf It1nd /ftII# ill S<<1ifJ1I 17, Ttnms/llJ 22 St1urlJ, R""gw 28 E(lst. OrDf19' Ctlun'J', FlNitItIlJh(/ H;~ IHIW JHJrfkultJrlJ Hsn-ibed qS 1tNkJ",s." F.- (f PtNRf tI~ IM~. r~ iN..... NmWtlf.,N ~;. tJ/'-fIH!-StluHtWsI 1/4- "f r_ NtJrfl>>OsI 1/4 tit $tIitI SHI. 17 /inti 111# "',II"",sl CDrIlN of P~ I (IS tMsc"'d ill 0ffie'fi!II ~ 8tH1k 58N. ,. 1114 t1IIM PuIJIic IkCNds t1f Ort1l1lM C~ F'MidtI.. I~"'" SfHllh 00 IhltWs-oo Mi/HINs-.]() Srcontls Wesf t1/ong 1M "SI JiM ., 1M StJUfhwsf 1/4 (J' "" Nt1rfhnt 1/4 (11 stlill $/tcfitJII I}' t1M/ lit, aSI .. (Jf Hid PtJITt1I I " fhh/IItU tlf 248.9!J tNI f# 1M S,1I1h1l'tfSl CNIIN 11{ _ill """' , fHNf 1M Pt1i1II,f 8~' *"" rllll $#11'" 47 O#grHs-4<1 ""i1111~S- 35 S<<tJnIb E"st .", 1M StHnft /inti of stlid Pt1ITd I (I tNslt11Kt! tI' """-00 Irtlt.. 1ht11II:. Mt1IIing 1M Slw1lt 6M "f StIit/ Pttf'uII "", NtH'lh (X) o.,-..s-aJ Mi1lll"s- 57 SIIN1nd$ ElISI " disltlhu (Jf ~Q!' /HI: 111.,," run AW/h 87 lh{/THs-<l" MinuNS- >> S~hds 8sl/Hlifrllltll ,. fIIId .1ac:t:' !HI AWtIt 11' ItT/JM _~d ~ndkultJr 1# l/w Stllllh ,.,. (11 S4ItI plJInI , (I (/isltnKt! 01.312.03 /'HI hi 11 pDint OIP IhII WIISI "'-111 1M SIN//hwSI 1/4 tlf lit. NrN'fIIHsl 1/4 tll stlitl SecliM 17 qn;J 1M WeSI 1M ,f stlitl p~" I,' IM11n1I1III $IN/lh 00 /)'I'ees-OO "''''utrs-.JO S<<tJ/tds ASI iW. 11>> II+slliM tI'lIte $t1Ulflwsl 1/4 "f ". Nt1r~SI ,/4 01 smd $<<fitJn I}' ilnd 1M II't/sl nn. "f Si1id PtINII (I (/;s1"m:tJ t11.Jaae' Ii1tU hi 1M Ptliflf t1f B~ill- ni"9o . C{}IP1tlillil19 10.260 s~ k,f ",. al'4 <<r,s, mor, tH' len. ".... 10.-00 __, STORMWATER MANAGEMENT ORANGE COUNTY ENGIIEERING DfPARlKNT - SURYE:Y SECTlGf 4100 JCHlf YGUtIG 'KWt'. DltUNDO. 'LatiN arue-aos ~ ...- -l.Z.- -.. -.:u.-_ _ 21 ... ...._... __ T IFWI!!i _ 0'_ --.. t..I.I:IUS __ _ OIAlO 6000-463Il 2 2 ... . ...... _.. OD-OQI. .... ~ i J.-t. ... :a'1 t ,.oA. N 89'"56'OtrW / !SofAoftr I~ II./._ $I<< I~ *'.. oW: 1- --fS--,== r.~L_._._._--~u;,"~ 1 V lie U.. $I<< 1_., 1M NE'o ,- I ;l~ "'I~ I! $~ SKETCH OF OESCRIPTlON PARCEl 101. ESTAlE: PERPETWII.. EASEMENT PURPOSE: ORAlNAGE wt CENTER STREET I I k'__~-~ ~ ~ I .... .! i~ s ~44':.UT 157..57' ~I ~. ~ ----1 ~, ; ~I ~l ~I ' tj ! I, I ~I I ~ ~'I ClJt ~ ~ I"" $ /J7-<U'.J5T .H2.(JfJ' N OO-DJ'5rc .JO..02' aot ".18Q ~ 12'" ~ Uw """ I NtJ1E$: I. ......._... ... _ .,... _ IA".. C ''''' '" ___ IT. ,..... II _ ...... c.. s ..,...~..._ 14 t..",,,.... ~ "'-',.,...,.. "-'- -/1ftv_ .1__ - --...........---- --- << - . -.. ...-. -... .....,- -"'.".. ~___ _...... _"""/1"" .. .... w...... ... -*. MIl'" ~ 1JW _ ___ ___... ......... "",...- -------,,- -- STORMWATER MANAGEMENT ORANGE COUNTY ENG 11.([11 INS IlfPARTMENT - SURVEy SECTlat 4100 JOHN YClUII8 PKWY. ClM..ueo. FUlIUDA 321Je-etCle -.-.., T ~IS .... 0.1;00 -- 6000-4638 LEGEND: lo. ".0." . "'1'" rJI ""'_ - I. ".0... . "-'nt rJI ""_'" 3. D.lL . ...... Iodr ... 0.1t. . .., 'c'e. lIeooonI 8aCIIt 5. ..... . IU.... '" IIoIw ... D.E. . lln._ lM_ ? ... L . I'J et ..... . WfZ"2ZT 5IJ.00' ~ ..... --lL- - --2.L-..- -.. M ,...n .... !lD!!E.... --. 1" : 100' _t 1 . 2 - ...1lll::QQJ.. EXHmIT "B" Legal Description of County Property 11 lEGAl. DESCRIPTION PARca. 901. ESTATE: FEE SIMPlE PURPOSE: RElENT10N AREA I L.D;M. 1JESC/fll#1lON A ~"IMfI-''' __ IT. ,....0.--. __ N r_. ~ ~ I9N'i* ..,...,...,.,..." ~.. ~ r., . ,."", "......-. _ ., 1ft ,.".".# ""'" .t 1M SNIItIttwr IAI " If>> ~ IAI" HIIiI~ Il'fIIItIAlif ......, ___" ~ I n *HI'iHtI II DfIIdII/ bIrlI,....- III. ., IIMI'Wk ~ .,~ ~ "".. ...... 11III $NIt '" -1/6 1I/twIW-tJD.... r., .. ,.",. 'II ... .,..".., I " __., $M.lJl1/1Hf" II>>IIIINIIWUI ~.f hNW ,., ~ lit DtWdIII ~ ~ tIIR.,. II'. "IIW ,... ~ ., ~ ~ ~.,;.. 1WII1If~ /IItIfIn ~ ~ $'- '" ,.,...... ,..".... ,.,., ,.., .., * ..... ... ., .. $Htiwnl l..v., 1M .".,., 1-"" ., HIIiI""" "..,.. __.. ., HIIiII'tITNI Z , -- ,f ,M.OD (Nt: ..... ,., ... lID ~-tM .,..-QI StKMtII F.., .""" " ..,..,.,,. .., ~.....,.... ---~ ,. ..,."" "- .,.",,...,,, --. ,,""'''t: ""*- ..., ..,,..,.,.. ". s... '" ~ ....-11 SW-* 1/II1s1. __ .,.zM.lID ItMI: IIMIIN ,. ...... lID ~ ___-II StIatIIIS .." *- ., IJT.n I/IfIr: ~ NIl ....... N ~-4# .....-.IS .... .,... .. SM/fiI... ., I'tITNII ., ~ 1tt1Mldt1l-.w... ... />>11II1114 ".. AMfe """'* ., ~ t"MIOto ,."", " ",.,... ., INoR' It#t: JiIIMN ..., .. S<<Im .. ., 11IM IWnI I 11III" lID ~ ."".,-g SWMtfI ,..,,, lib*," ., NZ." rN, ,. ".,." .......... .,.. ."".,.., 1-"1 ".. ~ 1-"" ., MIIif IKtiM 11''''''' ...... .. ",.." /IwnI1:"'''' ... _ ~ -.-.-00 SWWWI Eat.,. .. .... .,.. ~ IAI "'IM 1IIItW"-., IAI ., .. $<<tIM 11'..,........ " .." "'"' 1 " __ " N1&SI1 ",., ,. .. IWtI .,~ CO.,."" (4ti.I.J6 ..... /HI".J.~ _ _ tlt'1InI. NOTa: I. .....,.____ -- ",.. ,,,,,.,..,,..,..., _ u. ,.....<<.......",_ "-., ~"T""'" I. ,.,.,,,,.,.,, ,....,. ~........, ____ - ."., - .I .. .....n_N' .... .,......"...,. ....... .". ....... ... -- - . =: =- -.:!: -:: ~...:"': ........:.':': 11*1.._."""'" ......" .., ... .s ,.. _ _ -- __ - __.... "".,...,,*'~- .,..- ----_--..,- Itffblltf (04JI() ....... .., STORMWATER MANAGEMENT ORANGE COUNTY ENGINEER ING PfPARTKNT - SURVEY SECTION 4200 .lOIN YOUNG PKW't. ClRLANDO. f1.ClfllDA aeU9-9205 ......, T t nllS "'11 n. ""no - .. t.J.EIf.l$ ... ftt.J'ft/'j -- 6000-438 ". ';'. ~ .er...~ -"--22-- _ 2B .... .... .tIlJtIE.... _II -, 2 2 _.. OO-PPl .. .. SKETCH OF DESCRIPTION PARCEL 901. ESTAlE: fEE SIMPLE PURPOSE: RETENTION AREA ,..,. CD8WL SW. Vi. IlL .vi h S 1fg"5ll-otrC CENTE'R STREET ~*z.(Jt1' s 8'~TXrE ~ .o.R. 206.50" M tlntl S1I( 1-"1" . I. i~ ~- .~ I~ ( '" I... """"' ( N 8~4:>>'" . JfZ.OO' L_ ~ ..... fl~ !'\ . a~ ::or: Ptt1ftI I 11& ~ PtIgI //14 N BN4"J5"W 157.57" aa. ~ PD,. /21'4 ~ ~~ ~~ ~ LEGEND: 1. ".o.L . ....'" oil W..-- 2. ".0. L . PIt.", oil .......h.. S. 0. 50 . DooIOlI .... ... o.L . Off""'.' ___ 50 IMI. 'UPot rI Mo" fo. o.E. . Dr-.l_ ~ 7. ,.... . ..,... .... w* s N 75-00' bIbd 1tJ.'t)(} --. STORMWATER MANAGEMENT ORANGE COUNTY ENGINEERING DEPAR'NENT - SURVEY SECTION 4tOO oIOHN YCIUIlfl PIlW'r. OIlUHOo, fLOR I OA $te3t-tt~ __ T IFWIS ...... D1..,M _ If t.J.D:U.S __ _ 01.1OQ 6000-..638 EXHIBIT "8" P~O.B. S 89~W"E 2:H.OO' . I I 1- I V lit ~ "-'rtll r . PtnM ,2 , at? 5IJ82. Po,. 11'4 ~I GI ~I ~I I I F. i_ PtInM I I L__----L~~- -----' 274..00' \r..I ~ ~ i I I I ..-1 I I . I I l ,:; i~ I I I I I I ~ ~ ..... --l:l- _..~- __ 2R I"" SU. iN: 1.M' -*' 1 2 .... .IDlE. fL _ _IL 00-001 .. EXHIBIT "C" Form of County Deed COUNTY DEED TInS QUIT-CLAIM DEED, Made the _ day of AD., 20--, by ORANGE COUNTY, a political subdivision of the state of Florida, whose address is Box 1393, Orlando, Florida 32802-1393, GRANTOR in favor ofTIIE CITY OF OCOEE, a municipal corporation created by and existing Wlder the Jaws of the State of Florida, GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the sum of $1.00 and other valuable considerations, in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit-claim Wl10 the said GRANTEE forever, all the right, title, interest, claim, and demand which the GRANTOR has in and to the following descnOed lot(s), piece(s), or parcel(s) of land, situate, lying and being in the County of Orange, State of Florida, to-wit: [INSERT LEGAL DESCRIPTION} TInS COUNTY DEED is being given in accordance with the Interlocal Agreement between Orange CoWlty, Florida and the City of Ocoee, Florida regarding Construction of Certain Drainage Improvements to County Property and Subsequent Conveyance to City. TO HA VE AND TO HOLD the same together with all and singular the appurtenances thereWlto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the GRANTOR, either in Jawor equity, to the only proper use, benefit, and behoove of the GRANTEE forever. IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be executed in its name by its Board, acting by the County Mayor, the day and year aforesaid. (Official Seal) ORANGE COUNTY, FLORIDA BY: Board of County Commissioners BY: _[DO NOT EXECUTE]_ Richard T. Crotty Orange CoWlty Mayor DATE ATTEST: Martha O. Haynie, CoWlty Comptroller, Clerk to the Board BY: Deputy Clerk Printed Name 12