Loading...
HomeMy WebLinkAbout2014-063INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE CITY OF FELLSMERE, FLORIDA RELATING TO SIDEWALK ON COUNTY ROAD 512 osio(viaaly Ablq 0(0 THIS AGREEMENT, entered into this 6th day of May , 2014, between Indian River County, Florida, a political subdivision of the State of Florida (the `County') and the City of Fellsmere, a body corporate existing under the laws of the State of Florida (the "City"), provides for,the City to construct an eight -foot (8') wide sidewalk within the right-of-way of County Road 512 from the Fellsmere Trailhead Preserve entrance east to the entrance of the adjacent commercial outparcel and the County to accept ownership and maintenance responsibilities for said sidewalk. WITNESSETH: WHEREAS, the City has obtained a grant from National Scenic Byway program for the construction of a Welcome Center, educational displays, sidewalk and access improvements; and WHEREAS, the City proposes to construct a portion of the sidewalk as an eight - foot (8') wide sidewalk within the County right-of-way of County Road 512 from the Fellsmere Trailhead Preserve entrance east to the entrance of the adjacent commercial outparcel; and WHEREAS, the County has issued Right -of -Way permit #2012080426 on September 27, 2013 authorizing the construction of the proposed sidewalk and access improvements to County standards within the County right-of-way; and WHEREAS, the parties agree that the purpose of this Interlocal Agreement is to permit the City to construct the sidewalk within the County right-of-way and the County to accept ownership and maintenance responsibilities upon its completion; and WHEREAS, Chapter 125, Florida Statutes, County Government, subsection 125.01(1)(p), authorizes counties to enter into agreements with other governmental agencies; and WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Miscellaneous Programs, Section 163.01, the "Florida Interlocal Cooperation Act of 1969,' subsection 163.01 (4), provides that public agencies of the State of Florida may exercise jointly with any other public agency of the State of Florida any power, privilege, or authority which such agencies share in common, and which each might exercise separately and WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Miscellaneous Programs, Section 163.01, the `Florida Interlocal Cooperation Act of 1969,' subsection 163.01(5), provides that a joint exercise of power by such public agencies may be made by contract in the form of an interlocal agreement; and WHEREAS, the County and the City are "public agencies" within the meaning of Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Section 163.01, the "Florida Interlocal Cooperation Act of 1969." Page 1 of 5 April 17, 2014 NOW, THEREFOR, in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the County and City agree as follows: SECTION 1. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. SECTION 2. TITLE. This Interlocal Agreement between the City of Fellsmere and Indian River County is referred to herein as the "Agreement. ' SECTION 3. PURPOSE. The purpose of this Agreement is to allow the City to construct an eight -foot (8') wide sidewalk within the right-of-way of County Road 512 from the Fellsmere Trailhead Preserve entrance east to the entrance of the adjacent commercial outparcel in accordance with Indian River County Right -of -Way permit #2012080426 and the County to accept ownership and maintenance responsibilities for said sidewalk. SECTION 4. RESPONSIBILITIES OF THE CITY. The City shall construct the sidewalk in accordance with the terms of Indian River County Right -of -Way permit #2012080426 and shall deliver to the County an as -built survey of the improvements and a statement from the engineer responsible for construction, engineering and inspections for the National Scenic Byway grant certifying that the sidewalk was constructed to the standards reflected within permit #2012080426. SECTION 5. RESPONSIBILITIES OF THE COUNTY. Upon 1) deliverance by the City of the as -built survey of the improvements and a certification from the engineer responsible for construction, engineering and inspections for the National Scenic Byway grant that the sidewalk was constructed to the standards reflected within permit #2012080426, and 2) acceptance of the sidewalk by the County under the terms and conditions of permit #2012080426, the County will own the sidewalk within the County Road 512 right-of-way and shall maintain said sidewalk. SECTION 6. REMOVAL OF SIDEWALK. If at any time before March _, 2034, the sidewalk or any portion of the sidewalk is removed within the County right-of-way of County Road 512, the sidewalk or the portion of the sidewalk located within the County right-of-way of County Road 512 shall be reconstructed or relocated in such a way as to continue serving the same need — connectivity for pedestrians — with such reconstruction or relocation funded either by the County or the City or both. This provision shall not prohibit or restrict the ability of the County from temporarily closing the sidewalk due to construction within the County right-of-way of County Road 512. Page 2 of 5 April 17, 2014 SECTION 7. INDEMNIFICATION. To the extent allowed by law- and subject to the limitations of Section 768.28 Florida Statutes and any subsequent revision thereto, the City shall indemnify, defend, and hold harmless the County, its commissioners, officers, agents, and employees from and against all liability, claims, suits, costs, and attorney fees in any manner resulting from or arising out of the use of the sidewalk transmitted to the County under the terms of this Agreement. Nothing in this Agreement shall be construed as a waiver or attempted waiver of immunity from, or limitations of, liability the City or the County has under the Doctrine of Sovereign Immunity under the Florida Constitution and Florida Statutes, including but not limited to Section 768.28 Florida Statutes, as amended. SECTION 8. DURATION, TERMINATION, AND MODIFICATION. (a) Prior to construction of the sidewalk within the County right-of-way, this Agreement may be terminated by the City or County upon ninety (90) days notice to the other party. (b) After construction of the sidewalk and receipt by County of the as -built survey and Engineer's certification, this Agreement will remain in full force and may not be terminated until the useful life of the sidewalk has been exhausted, which for the purposes of this Agreement shall be 20 years. (c) This Agreement may be modified at any time by the mutual consent of the parties and in the same manner as its original adoption. SECTION 9. NOTICE. (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows: If to the City: City Clerk, City of Fellsmere 22 S. Orange Street Fellsmere, Florida 32948 If to the County: County Administrator, Indian River County 1801 27th Street Vero Beach, Florida 32960 (b) The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company (c) The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. Page 3 of 5 April 17, 2014 SECTION 10. GOVERNING LAW. This Agreement, and its interpretation and performance, shall be governed and construed by the applicable laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION 11. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. SECTION 12. FURTHER ASSURANCES. The County and the City will perform the provisions of this Agreement in good faith and will take no actions in conflict with the terms or intent of this Agreement. The County and City in good faith will take all actions necessary to implement the terms and purpose of this Agreement. SECTION 13. CONFLICT. To the extent of any conflict between this Agreement and any existing County or City agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal any existing County or City ordinance. SECTION 14. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement. SECTION 15. RECORDATION. This Agreement shall be recorded with the Clerk of the Circuit Court in Indian River County, Florida. The City shall pay for the costs of recordation of this Agreement. SECTION 16. EFFECTIVE DATE.. This Agreement will become effective upon its filing with the Clerk of the Circuit Court of Indian River County, Florida, as required by Section 163.01(11), Florida Statutes. Page 4 of 5 April 17, 2014 APPROVED this 6th day of May , 2014. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: Jeffrey R. Smith Clerk of Circuit Court and Comptroller dd3tzr Peter D. O' Bryan, Chairperson ED ; D P ED AS TO FORM: AT Deborah Krages, City Clerk REVIEWED AND APPROVED AS TO FORM: alante-tit, r>5/ Warren W. Dill, City Attorney Date eingold, County Attorney Date APPROVED this day of , 2014. CITY OF FE MERE By: P. Adams, Mayor Date Date Page 5 of 5 April 17, 2014