Item 03 Approval of Interlocal Agreement with Orange County for the Transfer of Jurisdiction of Lauren Beth Avenue. ,i
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 21, 2021
Item # 3
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: 407-554-7083 City Manager:
Subject: Approval of the Interlocal Agreement between Orange County and City of Ocoee for the
Transfer of Jurisdiction of Lauren Beth Avenue
Background Summary:
City Staff and Orange County are working on transferring a piece of fee simple owned property that is
County owned and is not right-of-way (09-22-28-0000-00-059). The land contains several existing and
"planned" City of Ocoee utility lines that run to the City's Utility Plant at the Jim Beech property. A portion
of the land to be transferred impacts Lauren Beth Avenue that is currently under Orange County
ownership as well. In order to facilitate the transfer of fee simple land, the City is willing to take over
ownership and maintenance of a portion of Lauren Beth Avenue from Nicole Blvd to Lake Meadow Road.
Upon City Commission approval, the executed Interlocal Agreement will be sent to Orange County for
formal approval and execution.
Issue:
Request the Honorable Mayor and City Commission approve the Interlocal Agreement with Orange
County for a cost share for the Transfer of Jurisdiction of Lauren Beth Avenue?
Recommendations:
Staff recommends the Honorable Mayor and City Commission approve the Interlocal Agreement with
Orange County for the Transfer of Jurisdiction of Lauren Beth Avenue.
Attachments:
Interlocal Agreement for Transfer of Lauren Beth Ave.
Location Map of Orange County Fee Simple Land
Financial Impact:
No financial obligation with respect to the transfer other than future maintenance
Type of Item: (please mark with an "x")
Public Hearing For leek's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
2
PUBLIC WORKS DEPARTMENT •ROADS &DRAINAGE DIVISION
0 �j ED AVELLANEDA,P.E.,Manager
r
SENDER GEORGE SHUPP
C� i 4200 South John Young Parkway• Orlando,Florida 32839-9205
1�lTY U 407-836-7870•407-836-7839
GO«RX1'ENT E-mail:george.shupp@ocfl.net
F r. 0 R r n :1
July 15, 2021
Steve Krug
Public Works Director
301 Maguire Road
Ocoee,FL 34761
Subject: Interlocal Agreement with the City of Ocoee and Orange County regarding the
Transfer of Jurisdiction of Lauren Beth Avenue
Dear Mr.Krug:
Please find attached Interlocal Agreement(Agreement)between Orange County(County) and the
City of Ocoee (City) for the transfer of jurisdiction of Lauren Beth Avenue. (Please see attached
maps)
Please review the attached Agreement and if the City has any comments or recommended changes,
they should be returned to the County for consideration.
Should you have no changes to the document, please forward to your City Council for their
approval. Once approved by the City Council, return original Agreement to Orange County,
Attention of: Mr. George Shupp, (Assistant Project Manager) for the Board of County
Commissioners approval.
If you have any question please contact George Shupp, Assistant Project Manager at (407) 836-
7903.
Sincerely,
Eduar o -vellaneda,P.E.
Manager
Roads and Drainage Division
EA/GS/ap
•Attachment
cc: Chris Testerman,Deputy County Administrator, County Administration
Joseph C. Kunkel,P.E.,Director, Public Works Department
Joel D.Prinsell,Deputy County Attorney,County Attorney's Office
Maricela Tones,P.E.,Assistant Manager,Roads&Drainage Division
Hitesh Barde,P.G.,PMP, GISP,Project Manager;Roads&Drainage Division
George Shupp,Assistant Project Manager,Roads&Drainage Division
Arthuro Patulot,Engineering Technician IV,Roads&Drainage Division
INTERLOCAL AGREEMENT
between the
CITY OF OCOEE, FLORIDA
and
ORANGE COUNTY, FLORIDA
regarding the
TRANSFER OF JURISDICTION OF
LAUREN BETH AVENUE
Approved by the City of Ocoee
City Commission
,2021
Approved by the Orange County
Board of County Commissioners
,2021
INTERLOCAL AGREEMENT
between the
CITY OF OCOEE, FLORIDA
and
ORANGE COUNTY, FLORIDA
regarding the
TRANSFER OF JURISDICTION OF
LAUREN BETH AVENUE
THIS INTERLOCAL AGREEMENT is made and entered into by and between the
City of Ocoee,Florida, a municipal corporation, created and existing under the laws of the State
of Florida ("City"), and Orange County, Florida, a Charter County and political subdivision of
the State of Florida("County").
RECITALS
WHEREAS, the County has authority pursuant to Section 125.01(1)(p), Florida Statutes,
to enter into an agreement with another governmental entity or agency for joint performance, or
performance by one entity or agency on behalf of the other, of any of either entity's or agency's
authorized functions;
WHEREAS, the City has authority pursuant Section 166.021, Florida Statutes, to enter
into agreements;
WHEREAS, Section 335.01(1), Florida Statutes, states all roads which are open and
available for use by the public and dedicated to public use, according to law or by prescription,
are declared to be, and are established as,public roads;
1
WHEREAS, a"road" is defined by Section 334.03(22), Florida Statutes, as "a way open
to travel by the public, including, but not limited to, a street, highway, or alley. The term
includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices,
ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels,
and viaducts necessary for the maintenance of travel . . .';
WHEREAS, the term "road" as defined be Section 334.03(22), Florida Statutes, also
implicitly includes, curbs, guardrails, landscaping, and traffic control devices (such as signals and
signs)within the right-of-way;
WHEREAS, according to Section 335.01(2), Florida Statutes, public roads are divided
into the following four systems: (1)the"county road system"; (2)the"city street system"; (3)the
"State Highway System"; and(4)the"State Park Road System";
WHEREAS, the "county road system" is defined by Section 334.03(8), Florida Statutes,
as "all collector roads in the unincorporated areas of a county and all extensions of such collector
roads into and through any incorporated areas, all local roads in the unincorporated areas, and all
urban minor arterial roads not in the State Highway System";
WHEREAS, the"city street system" is defined by Section 334.03(3), Florida Statutes, as
"all local roads within a municipality, and all collector roads inside that municipality, which are
not in the county road system";
WHEREAS, pursuant to Section 335.0415(2), Florida Statutes, any change of the
jurisdiction of a public road after July 1, 1995, that is a part of a county road system or a city
street system is governed by Section 335.0415(3), Florida Statutes;
2
WHEREAS, pursuant to Section 335.0415(3), Florida Statutes, subsequent to July 1,
1995, public roads within the respective road systems of a county or a city may be transferred
between those jurisdictions only by mutual agreement of those local governmental entities;
WHEREAS, the City desires to own and/or accept dedication of, whatever the case may
be, maintain, control, and have responsibility over, a portion of the County local road known as
Lauren Beth Avenue, as generally depicted in Appendix "A" attached hereto, between the
southern right-of-way line of Lake Meadows Road and one hundred feet (100') north of Nicole
Avenue;
WHEREAS, this Interlocal Agreement is intended to address the transfer the portion of
such local road from the County road system to the City street system;
WHEREAS, furthermore, this Interlocal Agreement is intended to establish which party
has jurisdiction to control traffic along such roads, pursuant to Section 316.006, Florida Statutes;
and
WHEREAS, this Interlocal Agreement is not intended to apply, and shall not be
construed as applying, to the subject of which law enforcement authority has jurisdiction to
enforce traffic laws along such roads, pursuant to Section 316.640, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein,the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. Transfer of Jurisdiction. The County hereby transfers to the City, and the City
hereby accepts and acknowledges jurisdiction over, Lauren Beth Avenue, as generally depicted in
3
Appendix"A," between the southern right-of-way line of Lake Meadows Road and one hundred
feet(100')north of Nicole Avenue(the"Road").
3. Scope. The City's jurisdiction over the Road means the authority and
responsibility to maintain, control, repair, and improve the Road, and to control, regulate, warn,
and guide traffic on the Road pursuant to Section 316.006(2), Florida Statutes, regardless of any
future alteration, realignment, construction, extension, widening, or renaming of the Road.
Henceforth, the Road shall be deemed to be part of the "City street system," for purposes of
operation,maintenance, and control of traffic.
4. Torts. Pursuant to Section 337.29(3), Florida Statutes, to the extent that
sovereign immunity has been waived, liability for torts regarding the Road shall be in the City.
5. Powers. Except as may be otherwise provided by law or this Interlocal
Agreement, and pursuant to Section 337.29(3), Florida Statutes, the City shall have the same
governmental, corporate, and proprietary powers with relation to the Road that the City has with
relation to other public roads and rights-of-way within the City.
6. Modification of Traffic; Speed Limit; Weight Limits; Road Closures. The
City agrees that it shall not:
A. alter, modify or regulate traffic on the Road, or any portion thereof, in such
a manner as will reduce or impede the flow of traffic on the Road, or any
portion thereof (for example, through the installation of traffic calming
devices, speed humps, speed bumps, or roundabouts), excluding the
realignment and vacation of portions of the Road as referenced above;
B. reduce the speed limit of the Road below 25 miles per hour;
4
C. set weight limits or prohibit or restrict certain types of traffic (for example,
truck traffic) on the Road, or any portion thereof; or
D. close or barricade the Road, or any portion thereof, to vehicular traffic,
other than temporarily for road maintenance, road repair, accidents, or
miscellaneous special events, such as road races.
7. Dedication and Acceptance. For any portion of the Road that was heretofore
dedicated, and that the County heretofore accepted, including under the plat for Ocoee Heights
recorded at Plat Book 10, Pages 114 and 115, the County hereby dedicates the Road, and any
portion thereof,to the City, and the City hereby accepts such dedication.
8. Deed for the Road. The County shall execute and deliver a deed in favor of the
City substantially in the form attached hereto as Appendix `B," for the portion of the Road that
the County holds in fee, specifically described in the legal description and sketch of description
in Schedule "A" to Appendix `B" (the "Deed"). Within five (5) days after receipt of the Road
Deed, the City shall accept it by recording it in the Official Records of Orange County at the
City's expense.
9. Vesting of Title. Upon the recording of the Deed pursuant to Section 8 above,
title in the Road shall vest in the City pursuant to Section 337.29(3), Florida Statutes.
10. Validity. The City and the County each represents, warrants, and covenants to
and with the other its respective authority and power under Florida law to enter into this
Interlocal Agreement, acknowledges the validity and enforceability of this Interlocal Agreement,
and waives any future right of defense based on claim of illegality, invalidity or unenforceability
of any nature. The City and the County each hereby represents, warrants and covenants to and
5
with the other that this Interlocal Agreement has been validly approved by its respective
governing body, and that this Interlocal Agreement constitutes a legal, valid and binding contract
enforceable against the respective party in accordance with the terms hereof(assuming the due
authorization, execution and delivery hereof by the other party hereto).
11. Ambiguities. Both parties have been allowed equal input regarding the terms and
wording of this Interlocal Agreement and have had the benefit of consultation with their
respective legal counsel prior to its execution, such that all language herein shall be construed
equally against the parties, and no language shall be construed strictly against its drafter.
12. Headings. The headings or captions of sections or subsections used in this
Interlocal Agreement are merely for the convenience of the parties for reference only and are not
intended to define or limit their contents, nor are they to affect the construction of or to be taken
into consideration in interpreting this Interlocal Agreement.
13. Severability. The provisions of this Interlocal Agreement are declared by the
parties to be severable only to the extent that the remaining provisions can effectuate the purpose
and intent of the parties.
14. Governing Law; Venue; Attorney's Fees and Costs.
A. This Interlocal Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
B. Venue for any action arising out of or related to this Interlocal Agreement
shall be in the Circuit Court for the Ninth Judicial Circuit in Orange
County, Florida.
C. In the event a party deems it necessary to take legal action to enforce any
6
provisions of this Interlocal Agreement, each party shall bear its own
attorney's fees and costs at both the trial and appellate levels. -
15. Entire Agreement. This Interlocal Agreement, along with its appendixes,
constitutes the entire Interlocal Agreement between the parties regarding the subject matter
hereof. Any prior oral or written agreements or understandings of any kind between the parties
relating to the subject matter hereof are null and void and of no further effect.
16. Amendments. This Interlocal Agreement may be amended only by express
written instrument approved by the City Commission and the Board of County Commissioners,
and executed by the authorized officer of each party.
17. Counterparts. This Interlocal Agreement and any amendments thereto may be
executed in one or more counterparts, each of which shall be deemed an original, but all of which
shall constitute one and the same instrument.
18. Notices. Any notice required to be given or otherwise given by one party to the
other party shall be in writing and shall be deemed delivered when given by hand delivery; five
(5) days after being deposited in the.United States Mail, postage prepaid, certified or registered;
or the next business day after being deposited with a recognized overnight mail or courier
delivery service; or when transmitted by facsimile or telecopy transmission, with receipt
acknowledged upon transmission; and addressed as follows:
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
7
If to the City: Robert D. Frank
City Manager
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Phone: (407) 905-3111
Email: rfrank@ocoee.org
Telecopy: (407) 905-3118
With a copy to: Scott A. Cookson
City Attorney
1000 Legion Place#1700
Orlando,Florida 32801
Phone: (407) 581-9800
Email: scookson@shuffieldlowman.com
Telecopy: (407) 581-9801
If to the County: Joseph C. Kunkel
Director, Orange County Public Works
4200 South John Young Parkway
Orlando,Florida 32839
Phone: (407) 836-7970
Email: Joseph.Kunkel@ocfl.net
Telecopy: (407) 836-7716
With a copy to: Jeffrey J.Newton
County Attorney
Orange County Administration Center
201 South Rosalind Avenue
Orlando, Florida 32801
Phone: (407) 836-7320
Email: Jeffrey.Newton@ocfl.net
Telecopy: (407) 836-5888
In all cases, notices shall be deemed delivered to a party only upon delivery of copies to
the persons indicated above in the same manner as for the party being notified. Either party may
change its designated official or address for receipt of notice by giving notice of such change to
the other party in the manner provided in this section.
19. Effective Date. This Interlocal Agreement shall become effective on the date of
8
execution by the City or the date of execution by the County,whichever date is later.
IN WITNESS WHEREOF, the parties have executed this Interlocal Agreement as of
the dates indicated below.
CITY OF OCOEE,FLORIDA
By: City Commission
By:
Rusty Johnson,Mayor
Date: - , 2021
ATTEST:
By:
Melanie Sibbitt, City Clerk
ORANGE COUNTY,FLORIDA
By: Board of County Commissioners
By:
Jerry L. Demings, Mayor
Date: , 2021
ATTEST: Phil Diamond, CPA, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
s:\jprinsell\agrcnt\interlocal agreement between orange county and city of ocoee transferring jurisdiction of lauren beth ave.-06-28-21.doc
9
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OR, \ Appendix "A" Author: George Shupp
Checked by:
ri 110
Lauren Beth Avenue Date Saved:6/29/2021
CILNTI
(TiOXTRNNIENT Interlocal Agreement for Jurisdictional Transfer All data, information, and maps are provided
"as is"without warranty or any representation of
1- L o it I 1 r \ accuracy,timeliness of completeness
1<1Koads&Ura,nage\Hesearctl Sec(,onweal Estate&ttoad I ransler\tl 5x11_Portrait.mxd
Appendix"B"
Project: Interlocal Agreement between the City of Ocoee and Orange County regarding the Transfer
of Jurisdiction of Lauren Beth Avenue
COUNTY DEED FOR LAUREN BETH AVENUE
THIS DEED, dated , 2021, by ORANGE COUNTY, a charter
county and political subdivision of the State of Florida,whose address is P.O.Box 1393,Orlando,Florida
32802-1393,GRANTOR, and the CITY OF OCOEE, a municipal corporation,under the laws of the state
of Florida,whose address is 150 N. Lakeshore Dr.,Ocoee,Florida 34761,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 unto the said GRANTEE forever, all the right,title, interest, claim,
and demand which the GRANTOR has in and to the following described lot,piece,or parcel of land,situate,
lying and being in the county of Orange,state of Florida,to-wit:
SEE ATTACHED SCHEDULE "A"
Property Appraiser's Parcel Identification Number(s):
Unassigned
THIS COUNTY DEED is being given for Lauren Beth Avenue in accordance with the Interlocal
Agreement between the City of Ocoee and Orange County regarding the transfer of jurisdiction of Lauren
Beth Avenue.
TO HAVE 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.
Project: Interlocal Agreement between the City of Ocoee and Orange County regarding the Transfer
of Jurisdiction of Lauren Beth Avenue
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:
Jerry L.Demings,
Orange County Mayor
Date:
ATTEST: Phil Diamond,CPA,
County Comptroller,as the
Clerk to the Board of County Commissioners
By:
Deputy Clerk
Printed Name
s:\jprinsell\agrcnt\county deed form for ila with city of ocoee for transfer of lauren beth ave.-appendix b-03-30-21.docx
2
i
SKETCH & DESCRIPTION
PROJECT: Lauren Beth Ave.
SURVEY PROJECT NUMBER: 8739
SECTION 09
TOWNSHIP 22 SOUTH
RANGE 28 EAST O cc I O N SPACE ABOVE RESERVED FOR RECORDING INFORMATION
DRAWN BY: JFM 2N cN
SCALE: 1"=200'
In •cO .«- N •
v
W I (n 200 0 200
/ I/ I SCALE: 1" = 200'
— — — — — — 7 30'3.'
— — LAKE MEADOW ROAD - North Line of S.W. 1/4 of the
— — S.W. 1/4 of Sect. 4-22-28
�� N.W. Corner of
North Line of S.E. S.W. 1/4 of S.W. 1/4 Sect.4-22-28
1/4 of the S.E. 1/4
of Sect. 5-22-28
N7' N
Lj\a'
ti di,/1
(4 __'
CI W GO CI
Ic <
v'// ~w
z NOT PLATTED
NOT PLATTED ./ Q 4-22-28
5-22-28 -I
0
S.W. Corner of
S.W. 1/4 of Sect. 4-22-28
South Line of Sect. 5-22-28 _South Line of Sect. 4-22-28 _ _
—
/ - Not Line of Se . 9-22-2�
North Line of Sect. 8-22-28 m NOT PLATTED
O.R.B. 719 •04.'
8-22-28 PG. 456 ,, o 03 O.R.B. 719 9-22-28
° ..� N m 'dN PG. 458
Ocoee Heights c 0 N I . cn N Ocoee Heights
(As described in uj I rn (As described in
Plat Book 10, PG. 114) I Plat Book 10, PG. 114)
- -4-1\1,/ SHEET 2 of 2
ORANGE COUNTY PUBLIC WORKS 0°------1174200 S. JOHN YOUNG PARKWAY
ENGINEERING DIVISION t--N ORLANDO, FLORIDA 32839-9205
GOVERND1ENT
SURVEY SECTION g L O R I D a 407-836-7908
SKETCH & DESCRIPTION
PROJECT: Lauren Beth Ave.
SURVEY PROJECT NUMBER: 8739
SECTION 09
TOWNSHIP 22 SOUTH
RANGE 28 EAST SPACE ABOVE RESERVED FOR RECORDING INFORMATION
DRAWN BY: JFM
SCALE: 1"=200' �: •
•
�JIIIJI Ili I;','• '
DESCRIPTION:
A portion of right of way for Lauren Beth Avenue lying within Sections 4,
5,8 and 9,Township 22 South, Range 28 East, Orange County, Florida
being more particularly described as follows: MARK A.DAY EGISTERED LAND SURVEYOR
AND MAPPER
STATE OF FLORIDA LICENSE NO.5479
DATE:03/22/2021
The West 30.00 feet of the Southwest Quarter of the Southwest Quarter
of Section 4,Township 22 South, Range 28 East, Orange County, I HEREBY AFFIRM THAT THIS SKETCH REPRESENTED
Florida. HEREON IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE AND BELIEF. THIS SURVEY HAS
Together With; BEEN PREPARED IN ACCORDANCE WITH THE
The East 30.00 feet of the Southeast Quarter of the Southeast Quarter STANDARDS SET FORTH IN CHAPTER 5J-17,F.A.C.,
PURSUANT TO CHAPTER 472 OF THE FLORIDA
of Section 5,Township 22 South, Range 28 East, Orange County, STATUTES. NOT VALID UNLESS IT BEARS THE
Florida. SIGNATURE AND THE ORIGINAL RAISED SEAL OF A
Together With; FLORIDA LICENSED SURVEYOR AND MAPPER.
The North 60.00 feet of the East 30.00 feet of the Northeast Quarter of LEGEND
the Northeast Quarter of Section 8,Township22 South, Range 28 East, • =CHANGE IN DIRECTION,NO POINT SET
9 PG. = PAGE
Orange County, Florida. AVE. =AVENUE
O.R.B. =OFFICIAL RECORD BOOK
Together With; Sect. =SECTION
The North 60.00 feet of the West 30.00 feet of the Northwest Quarter of E. =EAST
W. =WEST
the Northwest Quarter of Section 9,Township 22 South, Range 28 East, N.W. = NORTH WEST
Orange County, Florida. S.E. =SOUTH EAST
S.W. =SOUTH WEST
Containing 82,800 Square Feet or 1.9 Acres, MORE or LESS. Surveyors Notes:
1. This is not a Boundary Survey.
OAL11�
��. . SHEET 1 of 2
ORANGE COUNTY PUBLIC WORKS ( =- �,I,j7 4200 S. JOHN YOUNG PARKWAY
ENGINEERING DIVISION JOT 1 ORLANDO, FLORIDA 32839-9205
SURVEY SECTION GOVERNMENT 407-836-7908
FLORID a
Location Map
Fee Simple Property &
Lauren Beth Avenue
Mar
Lake Meadow Road Road LAKE MEADOW
a) >
a)
Fee Simple Land
N icole Bo u leva
„_ ______
mow 4_onor
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ENE
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Marlene LLi alintoup
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