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Home My WebLink About1996-237{ INTERLOCAL AGREEMENT s THIS INTERLOCAL AGREEMENT is made and entered into this �_ day of 02caNt-L 1996, by and between St. Lucie County, a political subdivision of the State of Florida ("St. Lucie") and Indian River County, a political subdivision of the State of Florida ("Indian River"). WHEREAS, St. Lucie and Indian River both own and operate utility systems which provide, among other services, potable water service to customers in their respective Counties; 1' and WHEREAS, both Counties reasonably anticipate that from time to time they may }h} experience more demand for potable water than they can provide and, conversely, may from time to time have more potable water than demand and that, therefore, the Counties have agreed to assist one another in meeting their respective future demands for potable water and water emergency need: NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, receipt of which is hereby acknowledged, St. Lucie and Indian River agree as follows: I. GENERAL. l This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. 2. UTILITIES INTERCONNECTION: By subsequent agreement the Counties shall choose a convenient location for the two utilities systems to be interconnected. The Counties shall agree on the type of interconnection and on the control mechanism to determine when and how, water flow will be regulated and measured. It will be each County's responsibility to construct and pay for the water mains leading up to the point of connection, which should be at or near the boundary line between the two Counties. The cost of the inter -connection itself shall be split equally between the two Counties when ' water can flow both ways or paid for entirely by the County receiving the water when the benefit is only to the receiving county. y } i E SALE OF WATER Once the interconnection between the two utilities systems has been accomplished, the Counties agree that they will each sell potable water to the other on the following terms and conditions. A. The Counties shall establish standard operation procedures for requesting and sending water depending on what type of interconnection is made. The method established may include written requests between the County Administrators, written or oral requests between the Utilities Directors, or some electronic or mechanical signal. Both parties agree to formalize such procedures in an additional memorandum of understanding. B. if the obligation from the sending County to provide water service to the receiving County is discretionary with the sending County, then the service shall be considered to be temporary, and the receiving Comity shall pay for the service by commodity charges established by the sending County. If, however, the receiving County wishes to become a permanent customer of the sending County, then the receiving County will be responsible for payment of all applicable fees and charges, including impact fees and will become a customer of sending County. C. Payment for water service shall be made by the receiving County within a reasonable time after billing by the sending County, pursuant to the billing policies of the sending County. TERMINATION. Either party may terminate this agreement with or without cause upon 30 clays prior written notice, provided, however, that such termination will not allow the terminating County to discontinue providing water for a permanent customer of the system. In any event, the interconnection point shall not be severed as long as service needs to be provided across the interconnection point. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: • (!4 If to St. Lucie: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to Indian River: Indian River County Administrator 1840 25th Street Vero Beach, Florida 32960 6. ENTIRE AGREEMENT. With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Utilities Director 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to Indian River County Attorney 1840 25th Street Vero Beach, Florida 32960 Indian River County Utilities Director 1840 25th Street Vero Beach, Florida 32960 This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 7. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court for Indian River and St. Lucie County pursuant to Section 163,01(l l), Florida Statutes. 8. EFFECTIVE DATE. This agreement shall become effective on the date the location agreement in paragraph 2 is executed. v vcoi �' A4 3 dna � z ". N b a k C i If to St. Lucie: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to Indian River: Indian River County Administrator 1840 25th Street Vero Beach, Florida 32960 6. ENTIRE AGREEMENT. With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Utilities Director 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to Indian River County Attorney 1840 25th Street Vero Beach, Florida 32960 Indian River County Utilities Director 1840 25th Street Vero Beach, Florida 32960 This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 7. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court for Indian River and St. Lucie County pursuant to Section 163,01(l l), Florida Statutes. 8. EFFECTIVE DATE. This agreement shall become effective on the date the location agreement in paragraph 2 is executed. IN WITNESS WHEREOF, the parties have caused the execution by their drily authorized officials as of the date stated below. BOARD OF COUN Y COMMISSIONERS ATTEST: ST. LIICIE COU , FLORIDA' a:S1y L�14t�j BY pt h�fiiC:HAIRN4Al��, , 011W 11% APPROV D AS TO FORM AND CO E NESS: Z5, d'J,1 /yam, .. rO11t[t8 '�count� t County Attorn State of Florida County of St. Lucie The foregoing, instrument was acknowledged before me this i qday of d�Tt�/3P12 , 1996, by _12j��_� Chairman of the St. Lucie County Board of County Commissioners, on behalf of said Board. S/He is personally known to me. 'of Pb, ♦� MONICA L TAIIX •My ConvNsaipn CC295260 EKPksDondo May 10.1907 Ebndsd by ANR �r"4OFo ��+ 000-e5213va Notary Public -4- 1 ATTEST.``l..�♦ tom:. t D tjty Clerk <0' 4 BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTV, FLORIDA BV: 7 FRAN B. CHAIRMAN AN ROVED AS TO FORM AND CORRECTNESS: County Attorney State of Florida County of �4StteteudlA.r/ �rEv� The foregoing instrument was acknowledged before me this �2,5 day of 1996, by GRAFI B. ADAPAS as Chairman of the Indian River County Board of County Commissioners, on behalf of said Board. SfH is personally known to me. No ary Public / IJJffNJUJJN/IIUAJJIIIlItliJ/JIJIJJIIIJJAIIlI � ' }e" ^R Coots M, Smith i 4d4 Nolaryku6tic,StaleoCFlodda � �_ �q J Co nmi9slon No, CC SB2439 t Get, �'�o rv�NlyCummissionIIxp.09n14/200o i t••- i t+ (o .,.ter " '� I.9A".•l•}1p'11tY-Pla,lkt+75vice&Uaad6ti Ca. ( L N .-_ f udget UtsilleG I FiEGM Mgr _-_�.—.... i i