HomeMy WebLinkAboutInterlocal Agreement Wentworth Blossom Maintenance21 /8/95 (off ®e /faeorla7. Coo3 Ow
INTERLOCAL AGREEMENT
between
INDIAN RIVER COUNTY, FLORIDA
and
CITY OF SEBASTIAN, FLORIDA
THIS INTERLOCAL AGREEMENT, entered into this --6- day of
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 for the
maintenance of CR 512 Wentworth and Blossom Ditches.
WITNESSETH
WHEREAS, the Florida Interlocal Cooperation Act of 1969
( Chapter 163, F. S .) grants the COUNTY and CITY ' the authority to enter
into interlocal agreements; and
WHEREAS, the COUNTY and the CITY recognize that each entity
has certain responsibilities with respect to the maintenance of the CR 512
Wentworth and Blossom Ditches; and
WHEREAS, it is in the public interest to set forth, by way of
agreement, each entities responsibilities.
NOW, THEREFORE, in consideration of the mutual terms,
conditions, promises, covenants and premises hereinafter set forth and
pursuant to the statutory authority set forth herein, the COUNTY and the
CITY agree as follows:
1
The limits of the Wentworth Ditch shall be from the inter-
section of the common range line between Ranges 38 East
and 39 East with the County Road 512 right -of -way, also
commonly referred to as the southwest corner of the
Sebastian Elementary School property, to the Roseland Road
right -of -way. The limits of the Blossom Ditch shall be from
the Roseland Road right -of -way to the western boundary
line of Unit 5, Sebastian Highlands as recorded in Plat Book
Page No.Ll . Both ditches are located along and
adjacent to the north right -of -way line of CR 512 and are
shown more specificially on Exhibit 1 as attached.
2. The CITY agrees to bear the cost for spraying the bottom
of the ditches with herbicide.
3. The COUNTY agrees to mow the side slopes of the ditches
at least three (3) times per year depending upon the rate
of growth of the vegetation and rainfall frequency. If by
mutual agreement, the ditches need to be mowed more than
three (3) times per year, the CITY and COUNTY agree to
share the cost equally.
4. If any contractual work for mowing, clearing, grading,
sodding, etc., is necessary during the fiscal year, the
CITY and COUNTY agree to share the costs equally.
5. Where erosion occurs on the side slopes of the ditch banks,
and slopes must be regraded, stabilized, and sodded, the
CITY and COUNTY agree to share the costs equally.
6. The COUNTY'S responsibility shaU. not extend beyond the
northernmost easement line of the Wentworth and Blossom
Ditches and specifically excludes tributary ditches, pipes,
and headwalls of Sebastian Highlands north of the northern-
most easement line of the Wentworth and Blossom Ditches.
7. The CITY'S responsibility shall not extend beyond the top
of slope south of the centerline of the Wentworth and
Blossom Ditches and specifically excludes maintenance of the
outfall pipes and headwalls south of the centerline of the
ditches.
S. The CITY and the COUNTY mutually agree to share the
cost of cleaning, repairing, replacing, and maintaining pipe
crossings for the Wentworth Ditch under Barber Street,
Fleming (Vocelle) Street, Wimbrow Drive, and Easy Street
north of CR 512 and within the right -of -way only and
associated pavement repairs specifically relating to the pipe
maintenance.
9' The CITY and COUNTY shall notify each other when
scheduled maintenance will take place at least one week
prior to the maintenance being performed. In case of
2 .
emergencies, the CITY and COUNTY should notify each
other on the same day or as soon as possible after the
emergency occurs.
10. Any procedures developed, as a result of this agreement,
which would require budget amendments said procedures
shall be developed which will give both entities ample time
to budget accordingly.
11. A copy of this agreement and all subsequent amendments
hereto shall be recorded in the Public Records of Indian
River County, Florida, upon execution by all parties
hereto.
12. This agreement may be amended only by written consent of
the parties.
13. The term of this agreement is for one year, effective on the
date of execution, and renewed automatically for successive
one year periods on the anniversary date, unless either
party, by written notice to the other party, at least thirty
(30) days prior to the beginning date of the renewal
period, desires to cancel the terms of the 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.
1ZAttest:
J y K. Bart , Cler
TY OF SEBASSTIIAAN, FLORIDA
Arthur Firticn, Mayor ^;, .,l River County I Approved I Date
Attest:
Kathryn 'Halloran, Clerk
n ia%
3 r;ment
/B4,
4 JAN 1996
City of Sebastian 'Nn
p Eniclr;FeH; 4G
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 `J plUiSiON
TELEPHONE (407) 589 -5330 o FAX(407)S89-5570
January 15, 1996
Roger D. Cain, P.E.
Indian River County Engineer
1840 25th Street
Vero Beach, FL 32960
RE: Interlocal Agreement - Wentworth/Blossom Ditch Maintenance
Dear Mr. Cain:
Enclosed please find one executed Interlocal Agreement for the maintenance of the
Wentworth/Blossom ditch as approved'by the City Council at its January 10, 1996
Regular Meeting.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Kathryn M. O'Halloran, CMC /AAE
City Clerk
1;(i):I<
Enclosure
cc: Public Works Director
1- 1 ? - -96
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