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A i l I U 1 TRIPARTITE AGREEMENT -' VERO MALL AGREEMENT THIS AGREEMENT, entered into between the City of Vero Beach. Florida. a municipal corporation of the State of Florida. hereinafter referred to as the " City" and Indian River County, a political subdivision of the State of Florida. . hereinafter referred to as the "County". WITNESSETH WHEREAS, the City now owns. operates, supervises and manages a water system consisting of wells. water treatment plant. pumping and storage facilities. distribution mains, service mains, meters and appurtenances; and WHEREAS, the City now owns, operates. supervises and manages a sanitary sewage system, consisting of sanitary sewers, sewage pumping stations. sewage force mains, sewage treatment plank outfall line and appurtenances; and WHEREAS, it is the intent and purpose of the City to expand, enlarge and improve its water system and sanitary sewer system under its 1972 capital improve- ment program particularly to increase the treating capacity of its water supply and treatment facilities as well as the capacity and degree of treatment of its sewage treatment plant, all as described in City Ordinance Wo. 1174 adopted by the City Council on August S. 1972; hereinafter referred to as "Bond Ordinance"; and WHEREAS, by acceptance of $6.600, 000, Water and Sewer System Revenue Bonds. Series 1972, the City has entered into a contract with the bondholders as more fully described in Official Statement dated October 2. 1972, in addition to contracts contained in earlier Ordinances governing previous bond issues; and WHEREAS, it is the intent and purpose of the County to construct, own. a . operate. maintain4 supervise and manage a new County water distribution and sewage collection system, hereinafter called the "County's System; which system is to distribute treated water and collect sewage from certain designated unincorporated areas of Indian River County. including private utilities in the County. and for the time period stipulated herein, to receive treated water from the City and deliver raw sewage to the City's treatment plant; and WHEREAS, the City's water treatment plant and seu•a,,e treatmem pant will be for the mutual benefit of those whom it serves, it is equitable that the County pay its fair share of such service by the City, so that the City's contract with the bf)ndholders as set forth in the Bond Ordinance shall not be jeopardized to the detriment of the City; and WHEREAS, the County's progress toward construction of the County System has not progressed beyond the preliminary planning and design stage. so that it cannot at this time, state its firm capacity requirements, provide realistic construction schedules, or demonstrate positive feasibility of the system; and WHEREAS, service area delineations and responsibilities, must be tentatively agreed upon jointly by the City and County on or before January 15. 1973 to satisfy the State of Florida Department of Pollution Control and the Unitgd States of America Evironmental Protection Agency's requirements, in order to reserve permits to proceed and to maintain the City's eligibility to receive Federal Grants covering its expansion program; and WHEREAS, final agreements between the City and County need not be readied until October 16, 19'13 to satisfy requirements of the same State and Federal Agencies; NOW, THEREFORE, in consideration of the mutual agreements set forth hereinafter, the parties do agree as follows: L PURPOSE This agreement shall be for the purpose of defining service arca delineations and general covenants and responsibilities and shall prevail until a final agreement or annexes tc this agreement, in specific detail, shall be entered Into at a later date when the planning of the County System shall have progressed beyond the engineering feasibility and fiscal stage and when the City's Consulting Engineers shall have reviewed and certified that proposed charges. rates and reimbursements will not be in conflict with the Bond Ordinance, or any future amendments which may be and can be made to said Bond Ordinance. 2. GENERAL CONCEPT It is anticipated that water supply and sewage treatment for a major portion of the southern portion of Indian River County known as Region A generally lying 0 t C-, tc�.