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EXHIBIT "Bit -
<br />TRIPARTITE AGREEMENT — RALMAR
<br />AGREEMENT
<br />THIS AGREEMENT, enters . Into between the City of Vero Beach, Florida.
<br />a municipal corporation of the State of Florida. hereinafter referred to as the
<br />" City" and Indian River County, a political subdivision of the State of Florida.
<br />hereinafter referred to as the "County".
<br />WITNESSETH
<br />WHEREAS, the City now owns, operates, supervises and manages a water
<br />system consisting of wells, water treatment plant, pumping and storage facilities.
<br />distribution mains, service trains, meters and appurtenances; and
<br />WHEREAS, the City now owns, operates, supervises and manages a
<br />sanitary sewage system, consisting of sanitary sewers, sewaZe pumping stations•
<br />sewage force mains, sewage treatment plant, outfall line and appurtenances; and
<br />WHEREAS, it is the intent and purpose of the City to expand, enlarge and
<br />improve its water system and sanitary sewer system under its 1972 capital improve-
<br />ment program particularly to increase the treating capacity of its water supply and
<br />treatment facilitiea as well as the capacity and degree of treatment of its sewage
<br />treatment plant, all as described in City Ordinance No. 1174 • lopted by the City
<br />Council on August 8, 1972; hereinafter referred to as "Bond Ordinance•'; and
<br />WHEREAS, by acceptance of $8.800. 000• Water and Sewer System Revenue
<br />Bonds. Series 1972, the City has entered into a contract with the bondholders as
<br />more fully described In Official Statement dated October 2, 1972• in addition to
<br />contracts contained in earlier Ordinances governing previous bond Issues; and
<br />WHEREAS, it is the intent and purpose of the County to construct, own.
<br />operate• maintain, supervise and manage a new County water distribution and
<br />sewage collection system, hereinafter called the "County's System; which system
<br />is to distribute treated water and collect sewage from certain designated
<br />unincorporated areas of Indian River County, including private utilities in the
<br />County, and for the time period stipulated herein. to receive treated water from
<br />the City and deliver raw sewage to the City's treatment plank and
<br />WHEREAS, the City's water treatment plant and sewage treatment plant
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<br />will be for the mutual ben, ifit of those whom it serves, it is equitable that the
<br />County pay its fair share of such service by the City, so that the City's contract
<br />with the bondholders as set forth in the Bond Ordinance shall not be jeopardized
<br />to the detriment of the Ci! r, and
<br />WHEREAS, the L..ut.ty's progress toward construction of the County System
<br />Lu not progressed beyond the preliminary planning and design stage• so that it
<br />cannot at this time. state is firm capacity requirements, provide realistic
<br />construction schedules, of demonstrate positive feasibility of the system; and
<br />WHEREAS, service area delineations and responsibilities, must be
<br />tentatively agreed upon joi fitly by the City and County on or before January I5, 1973
<br />to satisfy the State of Flor.da Department of Pollution Control and the United States
<br />of America Evironmental:trotection Agency's requirements, in order to reserve
<br />permits to proceed and to maintain the City's eligibility to receive Federal Grants
<br />covering its expansion prcgram; and
<br />WHEREAS, final agreements between the City and County need not be
<br />readied until October lb, ; 973 to satisfy requirements of the same State and Federal
<br />Agencies;
<br />NO%V, THEREFORE, in consideration of the mutual agreements set forth
<br />hereinafter, the parties do agree as follows:
<br />L PURPOSE
<br />This agreement shall ire for the purpose of defining service area delineations
<br />and general covenants and responsibilities and shall prevail until a final
<br />agreement or annext s to this agreement, in specific detail, shall be entered
<br />into at a later date wh in the planning of the County System shall have progressed
<br />beyond the engineering feasibility and fiscal stage and when the City's Consulting
<br />Engineers shall have t eviewed and certified that proposed charges, rates and
<br />reimbursements will rot be in conflict with the Bond Ordinance, or any future
<br />amendments a ^ ich ma f be and can be made to said Bond Ordinance,
<br />L GENERAL CONCEPT
<br />It is anticipated that wtter supply and sewage treatment for a major portion of
<br />the southern portion of Indian River County knowa as Region II generally lying
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