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HomeMy WebLinkAboutItem 03 Approval of Interlocal Agreement with Orange County Regarding Center Street Pond AGENDA ITEM COVER SHEET Meeting Date: December 6, 2005 Item # 3 "- Contact Name: Contact Number: Tonya Elliott 6003 Reviewed By: Department Director: City Manager: $\~ --- Subject: Ap Pon Interlocal Background Summary: 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. 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 the Interlocal Agreement with Orange County as this is necessary to the planned improvements associated with the Center Street Retention Pond project. Attachments: Interlocal Agreement Financial Impact: Type of Item: o o o o o o Public Hearing Ordinance First Reading Ordinance First Reading Resolution Commission Approval Discussion & Direction For Clerk's De/Jf Use: r8l Consent Agenda o Public Hearing o Regular Agenda C8J Original Document/Contract Attached for Execution by City Clerk D Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) I2SI N/A o N/A o N/A Commissioners GaJ'Y HQ.QQ... District 1 Scott)\n.derson. District 2 Rustv Johnson. District 3 Nancv J. Parker. District 4 tyI{lYQI s..,.SQQtt.Vf!.l.lQ~l'grift Citv Manager Robert Frank 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 lnterlocal 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. G-- ~ cg+-. P"lA fJ " d<:- ~ \wvV\ THIS DOCUMENT PREPARED BY John P. Lowndes, Esq. Orange County Attorney's Office 201 S. Rosalind Avenue Orlando, FL 32801 DRAFT #2 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 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 OCEE, 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, City desires to own, maintain, control, and have responsibility over a \ (segment of Center Street as more particularly described in Exhibit "A" (the "Road Segment")} WHEREAS, County owns fee title and an easement adjacent to Center Street, adjacent to the City as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference (collectively, the "County Property"); and 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 that it is further in the public interest 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 has made application to County to acquire the County's interests in the County Property; and 07/14/05 DRAFT Page 2 of9 J ~ . " ~ r } ~ ~ t .~ 1 .~ ~ " . ~ 1'::\ J r WHEREAS, City and County desire to memorialize the terms and conditions and responsibilities under which the Drainage Improvements will be designed, permitted, installed, 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. Within six months after the effective date of this Agreement, City shall, at its own cost and expense, cause to be prepared design and engineering plans for the drainage improvements on the County Property. The plans shall be submitted for approval to County's Director of Public Works at 30%,60%,90%, and 100% completion. County's review process at each stage shall be completed no later than thirty (30) days after submission by City; failure to provide written response within such period shall be deemed approval. (The plans finally approved by County shall be termed herein the "Plans". The drainage improvements depicted on the Plans shall be termed herein the "Drainage Improvements".) At all times, the Parties will endeavor in good faith to agree upon all material aspects of the Plans, however, County shall have final approval of all project elements. City shall cause to be prepared and submitted all applications for permits and approvals necessary and obtainable for the construction of the Drainage Improvements. Section 3. Construction of Drainage Improvements. Within thirty (30) days after approval of the Plans, City shall provide County with a written proposal for a construction contract, including cost and scope, for the construction of the Drainage Improvements (the "Construction Contract") for County's review and approval which approval shall not be unreasonably withheld, conditioned or delayed. The Contract shall provide for, without limitation, payment and performance bonds in conformance with Section 255.05, Florida Statutes (2004), and adequate insurance for County interests. County's review process shall be completed no later than thirty (30) days after submission by City; failure to provide written response within such period shall be deemed approval. At all times, the Parties will endeavor in good faith to agree upon all material aspects of the Plans, however, County shall have final approval of all project elements. As soon as practicable after the approval of the Construction Contract, City, at its own cost and expense, shall cause the Drainage Improvements to be constructed in substantial accordance with the approved Plans. 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, and City shall accept, the County Property to City by statutory County deed. 07/14/05 DRAFT Page 3 of9 , A~~ \) d># 1 II ) \. )' <tf' .\., Section 5. Design and Construction Right of Entry. The County hereby grants the City a right of entry onto the County Property for the purposes of designing and 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. 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 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. Section 9. City's Jurisdiction over the Road Segment; Limitation of City's V X Jurisdiction. City's jurisdiction over the Road Segment includes the authority and obligation to '$i . own, maintain, control, repair, or improve the Road Segment, and to regulate, warn, or guide ,)) i\ traffic on the Road Segment, regardless of any future alteration, realignment, construction, rt ~.{ extension, widening, or renaming ofthe Road Segment. J"ti'iJ. Section 10. Disclaimer of Third-Party Beneficiaries. This Agreement is solely for cr if the benefit of the parties hereto and no right or cause of action shall accrue by reason hereof to or }}J 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 07/14/05 DRAFT Page 4 of9 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: If 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 If to City: 1\ . \.AI' "" 'r~ c--~r 0+ ('II'''' ,L () ('It:. ~ V I ',2 j ~o, f'^o.!!) v I y~ 0 0" ~L ?l.f/~'\ ,-,,0 ee.., ,.. With copy to: CI'1'1,v.'1~~~~...~ J)....""- , t ~ 9.4.(..., ,r:: ~ol '$"4./., r.. , 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 07/14/05 DRAFT Page 5 of9 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] 07/14/05 DRAFT Page 6 of9 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: CITY OF OCOEE, FLORIDA By: City Commission By: Mayor Date: ATTEST: By: City Clerk Date: 07/14/05 Draft Page 7 of 9 EXHIBIT" A" Legal Description of Road Segment 07/14/05 Draft Page 8 of 9 EXHIBIT "B" Legal Description of County Property 07/14/05 Draft Page 9 of 9