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Home My WebLink About1982-039RESOLUTION NO. 82- 39 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ® INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE TOWN OF INDIAN RIVER SHORES PROVIDING FOR THE COLLECTION AND TRANSMITTAL OF CERTAIN IMPACT FEES. WHEREAS, the County and the Town are working together with the City of Vero Beach to provide a unified system of waste water treatment and collection to serve parts of the Town and P.® portions of the unincorporated sections of the Barrier Island, and WHEREAS, the County, Town and City of Vero Beach have ( previously entered into a tripartite agreement dated November 5, 1980, and WHEREAS, under the terms of the agreement, the County assumed the responsibility for raising money for the initial installation or up4rading of the waste water facilities in the unincorporated area lying north of the north city limits of the City of Vero Beach and south of. the Town's limits; the Town to raise such funds relating to initial installation and upgrading within the Town service area, and WHEREAS, the Town has undertaken to annex certain pro- perties that were formerly within the unincorporated area to be served by the agreement, and WHEREAS, the Town has aor.eed to pay their pre -rata share of the County's cost to serve areas east of A -1-A which have been annexed by the Town by collecting fees which include the ONE HUNDRED AND EIGHTY-SEVEN DOLLAR and FIFTY CENT ($187.50) connec- tion fee charged by the City of Vero Beach and an amount repre- senting the distribution of the cost of the initial installation and upgrading of the waste water system, and WHEREAS, as part of the November 5, 1980, understanding the County agreed to pay the Town the pipe cost of running a six-inch (6") line from the Pebble Bay Lift Station to the north city limits (six-inch force main equivalent) plus pro -rata appur- tenant costs which the parties now agree may be set off in the manner indicated herein against monies Town owes County -1- pursuant to the attached agreement, and WHEREAS, it is now necessary for the parties to set forth their mutual, understandings. ® NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the attached memorandum of agreement between Indian River County and the Town of Indian River Shores is approved and the Chairman and the Clerk of the Board of County Commissioners are authorized to execute the attached memorandum of agreement. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Wodtke and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher NAY Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 17th day of March , 1982. Attest: FREDA WRIGHT, Cle APPROVED AS TO FORM AND L L SU IC N BftunBRA DENB G ttorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By G DON C. SCURLOCK, JR. Chairman -2- i• MEMORANDUM OF AGREMENT BETWEEN INDIAN RIVER COUNTY AND THE TOWN OF INDIAN RIVER SHORES THIS AGREEMENT made this Z � day of January, 1982, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and THE TOWN OF INDIAN RIVER SHORES, a municipal corporation, hereinafter referred to as the "Town". WHEREAS, the County and the Town are working together with the City of Vero Beach to provide a unified system of wastewater treatment to serve parts of the town and portions of the unincorporated section of the Barrier island, and WHEREAS, the County, Tran and City of Vero Beach have previously entered into a tripartite Agreement dated November 5, 1980, and WHEREAS, under the terms of the Agreement the County assumed the responsibility for raising money for the initial installation or upgrading of the wastewater facilities in the unincorporated area lying north of the north City Limits of the City of Vero Beach and south of the Town's limits; the Town to raise such funds relating to initial installation and upgrading within the Town service area, and WHEREAS, the Tuan has undertaken to annex certain properties that were formerly within the unincorporated area to be served by the Agreement, and WHEREAS, the Town has agreed to pay their pro rata share of the County's cost to serve areas east of A -1-A which have been annexed by the Town by collecting fees which include the $187.50 connection fee charged by the City of Vero Beach and an amount representing the distribution of the cost of the initial installation and upgrading of the wastewater system, and WHEREAS, as part of the November 5, 1980, understanding the County agreed to pay to the Tann the pipe cost of running a six (611) inch line from the Pebble Say lift station to the North City Limits (6" ford main equivalent) plus prorated appurtenant costs which the parties now agree may so of be set off., in the manner indicated herein, against ironies Torn owes County hereunder, and WHEREAS, it is now necessary for the parties to set forth their mutual understandings in writing in this Agreement; WITNESSETH FOR AND IN CONSIDERATION OF THE COVENANTS SET FORTH HEREIN, th^ parties agree as follows; 1. The foregoing recitals are correct and incorporated herein.. 2. The Town is hereby bound to pay the County in the manner provided herein. The connection fee of $747.35 for each of seventy-five (75) connections; being comprised of: Pebble Beach Villas 72 Eckerd Drugs 1 7-11 Store 1 Bank 1 Total 75 the Town's total obligation being $56,051.25. 3. The Town agrees that this connection fee established by the County is a fair and equitable way to offset the initial capital costs of the necessary initial installation and upgrading of the wastewater system by the County pursuant to the November 5, 1980, tripartite Agreement. 4. The County agrees that the money derived from the Tann under this Agreement will be utilized by County to fulfill the obligations undertaken by County in the November 5, 1980, tripartite Agreement, including the expenditure of funds on the Pebble Bay Sewage Area Wastewater Improvement (Project #6765 Sverdrup Assocs., Inc. and Beindorf & Associates, Inc. a joint venture). 5. The County may request payment from the Town each time the County makes an expenditure in furtherance of its obligations in the November 5, 1980, tripartite contract, or in the County's option, may accumulate expenditures prior to requesting payment from the Town. Within seven (7) days of the request for payment by the County, the Town will nay an amount which bears the same proportion to the Town's total obligation to the County as the expenditure bears to the County's total anticipated expenditure on the project. 6. The County recognizes that pursuant to the November 5, 1980, Agreement the County is obligated to pay to the Town the pipe cost of running 40 40 •• a six (611) inch line frcxn the Pebble Bay lift station to the North City Limits of Vero Beach plus prorated appurtenant costs. The Town may set off against its payment to County the amount expended by Town, in building the 6" force main equivalent. Only those expenditures actually made by the Town by the date payment is due County may be set off. 7. This Memorandum of Agreement constitutes the entire Agreement between the parties as to the subject matter contained herein and may be modififed only by the mutual consent of both parties in writing. Approved to form legal sucier)A./ A*roved as form and legal Buff' iency. B I an River hres Atto y BOARD OF COUNTY oy44ISSIONERS OF INDIAN RIVER COUNTY By DON C. S ,JR+ Ul.aIIVWI ATTEST: FREDA v IGHT, Clerk of top Circuit Court INDIAN RIVER SHORES Mayor ATTEST: Town Cibrk -3-