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HomeMy WebLinkAbout1989-166 (2)7/17/89(Agree)LEGAL (Vk) A G R E. E M E N T BETWEEN INDIAN RIVER COUNTY AND THE CITY OF VERO BEACH SETTING SERVICE .AREAS FOR WATER AND SEWER SERVICE; MEMORIALIZING CERTAIN WATER AND SEWER ALLOCATIONS; AND REPEALING PRIOR AGREEMENTS. THIS AGREEMENT, made this day of 1889, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County), and the CITY OF VERO BEACH, a municipal corporation organized under the laws of the State of Florida (City); W I T N E S S E T H WHEREAS, the City has for many years been 'a provider of water and sewer services for the municipality and certain other areas adjoining the municipality; and WHEREAS, in recent years the County has established its own water and sewer department and is presently undertaking a major development program for providing water and sewer services to the urbanizing areas of the unincorporat-ed part of the county and to parts of other municipalities in the county; and WHEREAS, the development of the County system is at the point at which it is necessary and desirable for the County and City to establish permanent boundaries for their respective service territories for both water and sewer service; and WHEREAS, these boundaries should be drawn so that the service can be ,provided efficiently taking into account, where appropriate, municipal boundaries, existing utility facilities, available plant capacities, and expected population growth; and WHEREAS, many agreements exist between the City and the County which are no, longer useful and which should be superseded; 1 �9--1(0(,;, q -19-Z9 NOW, THEREFORE, for and in cons'iderati'on of the premises, the agreements contained herein, and other good and valuable consideration, receipt of which is hereby acknowledged, the County and the C"ity agree as follows: 1. This Agreement supersedes and cancels any and all prior agreements between the County and the City relating to water and sewer matters except for the water franchise agreement adopted by Indian River County Resolution No. 87-13, and except for the 'wastewater franchise agreement adopted by Indian River County Resolution No. 87-14, except that any prior agreements relating only to water allocation between the City and County shall remain in effect until changed by later agreement. 2. As between the City and the County, the City shall be responsible for providing water and sewer service to the area shown as "City service area" on the map attached as Exhibit "A." Exhibit "A" of this Agreement shall replace the map attached as an exhibit to the two franchises mentioned in paragraph 1 of this Agreement. The City shall not provide water or sewer service outside of this area without written approval of the County. 3. As between the City and the County, the County shall be responsible for providing water and sewer service to all areas with.in the county and outside of the C.ity service area. The County shall not provide water or sewer service within the City service area without written approval of the City. 4. It is expressly understood by the parties that the County by executing this agreement is not relinquishing in any manner any rights that it may have to serve the area known as Bayytree, located in the Town of Indian River Shores. 5. In full settlement of all claims by County for capacity allocation in the Vero Beach Wastewater Treatment 2 Plant (plant), City and County agree that the County shall have the permanent right to 400,000 gallons -per -day treatment capacity (the "Permanent County Allocation") at the plant. The County shall be a wholesale customer of the City and the County reserves the right to charge and collect, for County's own benefit, impact fees, base facility charges, commodity charges, and other utility costs, fees, and charges to any of its customers which reserve or use any plant capacity. The City shall treat the County In a nondiscriminatory and fair manner in all matters concerning this Agreement, including wholesale rate setting. 6. In addition, and for efficiency, the City authorizes the County to treat wastewater from the "Hospital Service Territory"(HST), as shown on attached Exhibit "A," at a County treatment facility in return for which the City plant will accept the higher of 200,000 gallons per day or such gallonage from the HST as is actually treated by the County ("Increased County Allocation"). This Increased County Allocation shall be in addition to the Permanent County Allocation. As long as the County, at County's sole option, provides treatment for the HST, the City shall not reduce the Increased County Allocation. On not less than 30 days' notice by the County, the County may cease the treatment of all or part of the HST wastewater, and the City may reduce its treatment of wastewater from the County area to the plant proportionately, but in no event to less than the Permanent County Allocation. The City shall retain ownership of its lift station in the HST. 7. The City is contractually obligated to provide Indian River Shores and the South Beach County area with sewer service in addition to serving the HST and the City itself. The City is willing, by future separate agreements, to let County use on a temporary basis any excess capacity existing between present and build -out needs. The City and County agree that commitment to the County for more capacity 3 than the. Permanent County Allocation is based only on the City's best estimate of progress towards build -out and should this estimate be incorrect and a demand for service be made to the City by a pers-on in the City's service territory, the City may be unable to provide the service. Accordingly, Accordingly, the County, in recognition of this possibility and in order to obtain such temporary excess capacity of the City plant over the Permanent County Allocation and over the Increased County Allocation, hereby agrees to indemnify, defend, save, and hold the City harmless from all claims:, demands, liabilities, and suits of any nature whatsoever arising out of, because of, or due to the City providing the County with wastewater treatment service under the terms of this Agreement, and to take whatever steps are necessary and timely to ,provide County's own treatment plant capacity for County needs higher than the Permanent County Allocation. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the City for its own negligence. IN WITNESS WHEREOF, the parties hereto have set their hands and seal's on the dates set forth next to their signatures. Dated:-,?—/ __ ___ INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Attest: (_ _!�_� Cary C hee er,4-airman K AO�ar o _ her s (SEAL) V � Dated: CITY CITY OF VERO BEACH, FLORIDA Attest: a. CIty C.1 k Kenneth Macht Mayor (SEAL)_ Attachment: Exhibit "A" 4 n iaa Rover Cu Apgroved Dale Admin. ✓;;;�' C� l3_5�r. Leoal _ .. Approved as to form and legal sufficiency: City Attorney -5- Approved as to technical requirements: City Manag6r`