HomeMy WebLinkAboutR-95-53RESOLUTION NO. R-95-53
RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST AN INTERLOCAL
AGREEMENT FOR THE SEBASTIAN HIGHLANDS SCRUB
PROJECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVEI~.BILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the County of Indian River, the Florida
Community Trust (FCT) and the City of Sebastian have entered
into a tri-partite agreement for the acquisition of land for
the Sebastian Highlands Scrub Project (FCT Project No.
94-032-P4A); and
WHEREAS, FCT requires the adoption of an interlocal
agreement between the local governments which delineates the
areas of responsibility for each entity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as
follows:
SECTION 1. INTERLOCAL AGREEMENT. The Mayor is
hereby authorized to enter into and the City Clerk to attest
the Interlocal Agreement for the Sebastian Highlands Scrub
Project on behalf of the City of Sebastian (a copy of said
Interlocal Agreement being attached hereto as Exhibit "A").
SECTION 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part
of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it
shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that
the City Council would have enacted the remainder of this
Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full
force and effect.
$~CTION 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember ~/~~~i\ . The motion was
seconded by Councilmember
/
being put into a vote, the vote was as follows:
and, upon
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
2
The Mayor thereupon declar~.,~.LO~ance duly passed
and adopted this ~ day of , 1995.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
j"!~,.....~ .... ? . ....................
Arthur L. Firti0h,' Mayor
Ka{hr~yr/M' O Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
INTERLOCAL AGREEMENT
between
INDIAN RIVER COUNTY, FLORIDA
and the
CITY OF SEBASTIAN, FLORIDA
Re: sebastian i hlands scrub pro'e ct
day of
THiS iNTERLOCAL AGREEMENT, entered into this ____
_, 1995 by and between iNDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the state of Florida, by and through its
Board of county Commissioners, hereinafter referred to as cOUNTY
and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the
state of Florida, hereinafter referred to as CITY, for the purpose
of providing an agreement for the division of responsibility for
the sebastian Highlands ScrUb Project-
wiTNES sETH :
WHEREAS, the cOUNTY, the cITY and the Florida community Trust
(FCT) have entered into a tri-partite agreement for the acquisition
of land for the Sebastian Highlands ScrUb Project (FCT Project No.
94-032-P4A); and
WHEREAS, FCT requires the adoption of an interlocal agreement
between the local governments which delineates the areas of
responsibility for each entity,
NOW, THEREFORE, in consideration of the mutual terms,
conditions, promises, covenants and premises hereinafter set forth
herein, the CoUNTY and the CITY agree as follows:
The coUNTY shall provide the following:
1. Outdoor recreational facilities including nature trails,
picnic areas, a gazebo, an information kiosk and limited parking on
the project site, and general on-going maintenance of such
facilities.
2. A vegetative survey to ensure the protection, restoration
and preservation of the natural resources on the project site.
3. Periodic surveys of listed species, and develop
informational signs relating to the protection of listed animal
Implementation of a site Habitat Conservation Plan.
Removal of invasive exotic vegetation.
species.
4.
5.
6. Mechanical cleaning or
implemented to maintain natural
communities.
prescribed burning regime
fire-dependent vegetative
7. Removal of trash and debris from the project site as part
of an on-going site maintenance.
8. Removal and restriction of feral and domestic animals
from the project site, as necessary.
The County shall assume and discharge all the fiscal and
management responsibilities imposed on FCT Recipients under the
Conceptual Approval Agreement with FCT for FCT Project No. 94-032-
P4A.
The County will also perform duties as follows:
(1) Provide FCT an acquisition plan.
(2) Furnish required notices, obtain appraisals,
conduct negotiations with property owners.
and
(3) Acquired title to the project property in the name
of Indian River County.
(4) Provide the local matching funds for the FCT
project.
(5) Develop and obtain approval of the project plan.
(6) Implement the management and maintenance of the
project property.
The CITY shall provide police protection to the area
consistent with its policies.
By execution of this Agreement, neither the COUNTY nor the
CITY will be deemed to have waived any rights or remedies they may
have available under the laws of the State of Florida.
This Agreement shall be executed in duplicate and each fully
executed contract shall be deemed an original instrument.
A copy of this Agreement and all subsequent amendments hereto
shall be recorded in the Public Records of Indian River County,
Florida, upon its execution by all parties hereto.
This Agreement may be amended only in writing with approval by
all parties executing this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Interlocal Agreement to be executed by their duly authorized
officials on the day and year first above written.
ATTEST:
I~DI~_N RI~q~R COU~V~Y
By:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
ATTEST:
Kathryn ~'M. 'O ' Ha-lloran
CMC/AAE, City Clerk
CITY OF SEBASTIAN
By: /' ~'.'-
~rthur L. Firtion, Mayor
Approved as to form and content:
J .,/-- ~,, ,
_.4~Clifton A. McClelland, Jr. City Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1994, by KENNETH R. MACHT, as
Chairman of the Indian River County Commission, on behalf of INDIAN
RIVER COUNTY. He is personally known to me or produced
as identification.
Printed Name:
Commission Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of Q.~i:~.~.~-~'~'~ , 199~, by Arthur L. Firtion as Mayor
of the '~IT~~ OF SEBASTIAN, FLORIDA, on behalf of the CITY OF
SEBASTIAN. He is er t~--m~_ or produced
as identification.
Printed Name: P¥,:~ ~..~ .-~. '~ '~ ~ ~
Commission Number: ~.'O
My Commission Expires: ..~.. ,J .r