HomeMy WebLinkAboutItem III(E) Approval and Authorization for Mayor and City Clerk to execute 3rd Amendment to the Tri-City Airport Authority Agreement with FDOT and Greater Orlando Aviation Authority •
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"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" AGENDA 10-4-94
Ocoee I Item III E
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COMMISSIONERS
wCITY OF OCOEE RUSTY JOHNSON
Co p 150 N.LAKESHORE DRIVE PAUL W.FOSTER
OCOEE FLORIDA 34761-2258 VERN COMBS
��y $ (407)656-2322 JIM GLEASON
r4,4 Of GOP
N` CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: September 29, 1994
RE: THIRD AMENDMENT TO THE TRI-CITIES AIRPORT AGREEMENT
In 1982 the City of Ocoee, Orlando, Winter Garden, F.D.O.T. and the Greater Orlando
Aviation Authority signed an agreement that was to result in the purchase of property for
a regional airport in Western Orange County. Since that time there have been two other
agreements to guarantee that FDOT grant money would accrue for the purchase of the land.
The attached agreement represents the third agreement to guarantee that the FDOT money
continues to be available for this purchase.
The City strongly urges the signing of this Agreement.
Respectfully/llSubm ed,
ES2:fdg:76 LAG /'
Attachment
GREATER ORLANDO AVIATION AUTHORITY
Orlando International Airport
One Airport Boulevard
Orlando, Florida 32827-4399
(407) 825-2001
September 29, 1994
Mr. Ellis Shapiro
City Manager
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Re: Tri-Cities Airport Agreement
Dear Mr. Shapiro:
The 1982 agreement, by and among the cities of Ocoee, Orlando, Apopka,
and Winter Garden, the Florida Department of Transportation ("FDOT") and
the Greater Orlando Aviation Authority, with respect to a West Orange
County general aviation reliever airport is up for renewal . The FDOT
has tentatively agreed to renew the agreement for an additional three-
year period provided the four municipalities sign an appropriate
amendment.
Enclosed are six (6) copies of an amendment to the agreement extending
the applicable time period. If acceptable, please have the City of
Ocoee execute all six of the copies and return all of the signed copies
to my attention. After all parties have signed the amendment we will
provide you with one of the signed original copies.
The current amendment expires September 30, 1994, so we would appreciate
your expediting this matter to the extent possible. If you have any
questions concerning this matter, please do not hesitate to call me at
(407) 825-3462.
Sincerel j. 1s,
,_daW,
Thomas . : anti , anager
Support Services
dgv
cc: Jim Sheppard
Tony Mantegna
E.K. van den BERG, Esq. (Enclosure)
David Barker, Esq. (Enclosure)
THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
THIS THIRD AMENDMENT, entered into as of September 30, 1994, by and among
the City of Apopka, the City of Ocoee and the City of Winter Garden(hereinafter"the Cities"),
and the City of Orlando, all of the foregoing being municipalities existing under the laws of the
State of Florida, and the Greater Orlando Aviation Authority, an agency of the City of Orlando
existing under the laws of the State of Florida (hereinafter "the Aviation Authority"), and the
State of Florida Department of Transportation (hereinafter "the DOT");
WITNESSETH:
WHEREAS, the parties to this Agreement entered into an Agreement as of August 20,
1982, with respect to the disposition of lands previously acquired by the Cities for a general
aviation reliever airport in West Orange County, Florida, and providing for distribution of the
proceeds resulting from such sale (hereinafter "the 1982 Agreement"); and
WHEREAS,the parties subsequently entered into an Amendment to the 1982 Agreement
as of January 20, 1988 (hereinafter"the 1988 Amendment"),acknowledging therein that certain
obligations and goals created by the 1982 Agreement had been satisfied, including,among other
things, the payment to the Cities of certain proceeds from the sale of lands and verification of
the need and feasibility of a general aviation reliever airport in West Orange County; and
WHEREAS, the 1988 Amendment extended the time during which the Aviation
Authority might use the Net Proceeds to identify and purchase a site in West Orange County for
a general aviation reliever airport to maximize the potential benefit of the Net Proceeds by
allowing for an opportunity for the Aviation Authority to apply for grants from DOT and from
the Federal Aviation Administration ("the FAA") to assist in funding the costs of the land
acquisition, and possibly for expenses of developing a general aviation reliever airport in West
Orange County; and
WHEREAS, the 1982 Agreement was subsequently amended by that certain Second
Amendment to Intergovernmental Agreement, dated as of August 20, 1991 ("the 1991
Agreement"), which further extended the time during which the Aviation Authority might use
the Net Proceeds as described above, until September 30, 1994; and
WHEREAS, the Aviation Authority has initiated site selection studies for a general
aviation reliever airport site in West Orange County, but the site selection process has not yet
been competed; and
WHEREAS, the Aviation Authority continues to maintain its desire that the potential
benefit of the Net Proceeds be maximized after the site selection process has been completed by
applying for grants from the DOT and from the FAA to assist in the funding of land acquisition
for, and, if possible, initial construction of a general aviation reliever airport in West Orange
County; and
WHEREAS, because of the matters recited hereinabove, additional time is desired to
maximize participation by other agencies;
NOW, THEREFORE, in consideration of the mutual covenants and understandings
recited herein, the parties to this Amendment hereby agree as follows:
1. The introductory sentence of Paragraph 7 of the 1982 Agreement, as amended by
the 1988 Amendment and the 1991 Amendment, is hereby further amended by the deletion of,
each time it appears therein, the date "September 30, 1994" and substituting therefor the date
"September 30, 1997."
2. Except as herein expressly provided, all of the terms, conditions and provisions
of the 1982 Agreement, as amended by the 1988 Amendment and the 1991 Amendment, shall
continue in full force and effect.
3. This Amendment shall be executed in counterparts by each party hereto,and shall
become binding upon each party at such time as all such counterparts have been executed. Once
this Amendment has become effective in the manner aforesaid, each counterpart shall be
regarded as an original, enforceable as against all parties hereto.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year first above written.
GREATER ORLANDO AVIATION STATE OF FLORIDA DEPARTMENT
AUTHORITY OF TRANSPORTATION
By: By:
Attest: Attest:
CITY OF OCOEE, FLORIDA CITY OF APOPKA, FLORIDA
By: By:
S. Scott Vandergrift, Mayor
Attest: Attest:
Jean Grafton, City Clerk
CITY OF WINTER GARDEN, FLORIDA CITY OF ORLANDO, FLORIDA
By: By:
Attest: Attest:
C:\WPSI\DOCSSGOAAUD.AME I9l"_i/94I 18W0101 DPB:jh
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COP.A LIM t —r
(TEM NO.
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DOCUMENTARY #F � ' .
AGREEMENT
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THIS AGREEMENT, made and entered into as of August 20,
1982, by and between the CITY OF APOPKA, the CITY OF OCOEE, the
CITY OP WINTER GARDEN. (hereinafter called 'the Cities"), the CITY
of ORLANDO (hereinafter called "the City"), the GREATER ORLANDO
AVIATION AUTHORITY (hereinafter called "the Authority"), and the
STATE OP FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the
State of Florida (hereinafter called "the Department");
WITNESSETH: .
WHEREAS, the demands on the Orlando International and
Orlando executive Airports in Orange County have suggested a
need for additional airport facilities; and
WHEREAS,, the Florida Aviation Systems Plan of 1976,
the Herndon Airport Master Plan of 1978, and the Orlando Inter-
national Airport Master Plan of 1978 projected the future need
for a new airport in Orange County; and
WHEREAS, the Cities have purchased land for an airport
through a grant of $158,000 from the Department, but have been
unable to develop their site; and
WHEREAS, the Cities, the City, the Authority and the
Department all possess the authority to enter into this Agreement;
and
WHEREAS, the Authority is empowered by its enabling
legislation to develop public airports in Orange County;
NW, THEREFORE, in consideration of the mutual cove
nants and understandings contained herein, the parties agree as
follows:
1) The Cities agree forthwith to transfer to the
City the title for 158 acres of land purchased by a direct grant
from the Department in the amount of $158,000, Warrant No.
9056450, dated April 4, 1973.
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2) The City agrees to receive title to the 158
acres and to sell such lands on terms acceptable to the Authority,
and thereby to realize and use the value thereof for airport
development in Orange County.
3) The Authority agrees to sell the land at fair
market value as soon as practicable. The net proceeds of such
sale(s), except for a reasonable working balance, shall be
deposited and maintained in an interest bearing account by the •
Authority, or, in its discretion, invested in obligations of
the United States having a maturity of five years or less.
These funds, and earnings thereon shall be utilized by the
Authority to pay the coats of all surveys, studies, appraisals,
engineering tests, legal services and reasonableadministrative
costs of the Authority and all other professional services con-
tracted for by the Authority in efforts to develop a West Orange
. County reliever airport. and, as provided in the next ensuing
paragraph, to pay the Cities' costs incurred with respect,to the
Tri-City Airport Project prior to January 1, 2982.
The Authority agrees that it will promptly pay
to the Cities from the first cash proceeds of sale the Cities'
respective actual costs, exclusive of staff or administrative
costs. incurred with respect to the Tri-City Airport Project
prior to January 1, 1982. All such costs shall be submitted by
each City to the Authority and the Department with certified
supporting documentation reasonably acceptable to the Authority
and the Department. The parties anticipate and agree that the
reimbursement to be made hereunder will not exceed $8,000 to each
of the Cities, for a maximum aggregate reimbursement of $24,000.
The remaining proceeds of such sale(s) shall be
segregated by the Authority into two accounts:
A. DOT Account $158,000
B. Surplus Account. . Remaining balance
of net proceeds
of sale.
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Expenditures by the Authority, as hereinabove provided shall
first be charged against the Surplus Account, including earnings
thereon, and the balance, if any, against the DOT Account, and
earnings thereon.
4) The Authority agrees to conduct a feasibility
study for a general aviation reliever airport with Orange County.
Such study will be Coordinated with Orange County, the Cities
and the Department. Prior to the Authority's feasibility study,
the Department agrees to review the Florida Airport System Plan
to determine the need for a West Orange County .reliever airport.
5) Upon determination that a West Orange County
General Aviation reliever site is feasible, the Authority agrees
to initiate site selection for development of a general aviation
airport. The Authority may then, and at its sole discretion,
use the remaining sale proceeds and earnings thereon, additional
grant funds, or authorized Authority funding as appropriate to
purchase required lands and develop the facility. Nothing con-
tained herein shall obligate the Authority to expend any of its
own funds for this project or encumber any of its assets, or
bonding capacity.
6) The Authority agrees to maintain full and
complete records of expenditures under this Agreement and to
render a full accounting to the Department and to the Cities on
an annual basis.
7) If unable to develop an airport within six
years from the date hereof, or within five years following the
closing of the sale of the land as described in %3 hereof,
whichever first occurs, the Authority agrees that it will dis-
burse the remaining net proceeds of the sale, together with
earnings thereon, in the following manner:
A. First, to the Department, $158,000, or such
lesser amount as shall be on hand.
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B. If, after making the foregoing disburse-
meet, a balance remains, the Authority will disburse such •
balance as the Department and the Cities shall agree in writing.
Should the Department and the Cities be unable to reach agree-
ment within sixty days after the Authority's request to do so,
the Authority will initiate an interpleader action in the
Circuit Court of Orange County and deposit the remaining balance
in the registry of the Court, so that the respective claims
thereto of the Department and of the Cities may be adjudicated.
8) The Department agrees with the use of the. funds
described herein, and these actions satisfy the provisions of
Interlocal Agreement between the Cities and the Department,
603381 recorded March 16, 1973, Orange County Official Records
Book 2380, pages 176-190. •
9) The Authority shall obtain liability insurance
protecting the Authority and the City, the cost of which shall
• be paid from the proceeds of sale hereinabove described.
10) This Agreement shall be executed in counter-
parts by each party hereto, and shall become binding upon each
party at such time as all such counterparts have been executed.
Once this Agreement shall become effective in the manner afore •
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said, each counterpart shall be regarded as an original, enforce-
able as against all parties hereto.
IN WITNESS THEREOF, the parties have executed this
Agreement on the pq1 , day of Amenst 1982.
GREATER ORLANDO AVIATION STATE OF FLORIDA, DEPARTMENT
AUTHOR/ el'
OF TRANSPORTATIOa
•W.Cargi.CRY11101 C3E(Ce. Glyothe,n
(Print Name and Title) (Print Name and Title) •
pageGRAEAOsammmawa
A T; ATTEST:
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L1 D,ASSTS t* E3R I....
4k.
0". A• n4?L Fo AND[Ee Y! Ai Approved .
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i/ M4't"` Kir i . :srney-DA.
"3.1 ..161LYI C: OF APOPKA 9656 :3.4 .E.16
THE CITY OF OCOEE, mceiria THE Cl OF APOPKA, FLORIDA
Air
By: By: 011611164ffr
MAYoR .. Cliff Freeman
John H. Land, Mayor
, (Print Name and Title)
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ATTEST: 7Z4/4511/
THER.c.ITY THE CITY OF ORLANDO, FLORIDA
41, ;C* 0A?fl& --
By:
RAF ULFORD MAY11
'.t Name and if e) Lie?.:kgxle ainl7f17r--
ATTES .: A
1) :i T
A A mitA-.AL,.•
Hug le Grimes, City Clerk APPRovEu AS lo FO
"22334iihtsta...
MIIIIIMPP MY ATTORNEY
MAMA RI
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TCrTPL P.06