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HomeMy WebLinkAboutDocumentation_Regular_Tab 13_12/14/2006VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET MEETING DATE: December 14, 2006 AMENDED MEETING DATE: N/A SUBJECT: Interlocal Agreement S. Cypress Drainage System COVER MEMO ATTACHED: Yes RESOLUTION OR ORDINANCE NUMBER: -06/07 ORIGINATING DEPARTMENT: Utilities DEPARTMENT HEAD APPROVAL ~~` ~~ ' FUNDING SOURCE: 2006/2007 BUDGET CURRENT BUDGETED AMOUNT AVAILABLE: N/A AMOUNT OF THIS ITEM: N/A BUDGETED BALANCE REMAINING: (PIGGYBACK CONTRACT NAME AND # OR COMPETITIVE BID FOR ANYTHING OVER $10,000 -ATTACH 3 BIDS) APPROVALS: FINANCE DIRECTOR _, ,~_ ~~~ VILLAGE MANAGER / SC~GI-~~-~, ,,.~ . ~~,~~ ~~ ~~ VILLAGE ATTORNEY (if Needed) Yes X No PLEASE RETURN TO VILLAGE CLERK TO PLACE ON THE AGENDA TEQUESTA UTILITIES DEPARTMENT MEMORANDUM TO: MICHAEL R. COUZZO, VILLAGE MANAGER FROM: RUSSELL K. WHITE, PUBLIC SERVICES MANAGER 1~ !C ~/ SUBJECT: SOUTH CYPRESS INTERLOCAL AGREEMENT DATE: NOVEMBER 30, 2006 Attached, please find an Interlocal Agreement between the Village and the Town of Jupiter & Palm Beach County. As you are aware, this agreement is required prior to us being able to connect to the South Cypress drainage system. It is an intricate part of the project. Tony Michuda and Scott Hawkins have worked diligently to get this agreement completed. Please place this item on the December 14, 2006 agenda for Council consideration. Should you require additional information, please let me know. RESOLUTION NO. 23-06/07 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE TOWN OF JUPITER AND PALM BEACH COUNTY FOR THE OPERATION AND MAINTENACE OF THE SOUTH CYPRESS DRAINGE SYSTEM AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE AGREEMENT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACB COUNTY, FLORIDA, AS FOLLOWS: Section 1. Consideration to execute a Interlocal agreement between the Village of Tequesta, The Town of Jupiter & Palm Beach County, for the operation & maintenance of the South Cypress drainage system and attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember who moved its adoption. The motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 14th day of December, A. D, 2006. MAYOR OF TEQUESTA Jim Humpage ATTEST: Village Clerk AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF JUPITER, THE VILLAGE OF TEQUESTA AND PALM BEACH COUNTY FOR OPERATION AND MAINTENANCE OF THE CYPRESS DRIVE STORMWATER MANAGEMENT SYSTEM This Interlocal AGREEMENT, made and entered this day of , 2006, by and between the VILLAGE OF TEQUESTA, a municipal corporation, whose address is 345 Tequesta Drive, Tequesta, Florida, 33469, hereinafter referred to as the "Village," PALM BEACH COUNTY, a political subdivision of the State of Florida, whose address is 310 North Olive Avenue, West Palm Beach, Florida, 33401, hereinafter referred to as the "County," and the TOWN OF JUPITER, a municipal corporation, whose address is 210 Military Trail, Jupiter, Florida 33458, hereinafter referred to as the "Town." WITNESSETH WHEREAS, the Town and the Village each own separate portions of, and the Town, County and the Village all utilize the "Cypress Drive Stormwater Management System," (hereinafter "System" or "the System") illustrated in Exhibit "A" attached hereto to this Agreement and incorporated herein by reference, for stormwater purposes for the betterment of properties within their respective jurisdictions; and WHEREAS, all parties wish to continue to use and maintain the System; and WHEREAS, the parties mutually desire to memorialize their respective rights, duties and obligations with respect to the use and maintenance of the System, with the Town taking a lead role in the responsibility of the maintenance of the System as more particularly set forth herein; and WHEREAS, as part of the maintenance obligations, the Village and County have agreed to pay their proportionate share of the maintenance of a portion of the System as further defined herein; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Corporation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to join#ly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately. NOW THEREFORE, the Town, the Village and the County, for and in consideration of the mutual benefits and promises as set forth herein, do hereby enter into this Interlocal Agreement and represent, covenant, and agree with each other as follows: SECTION 1. RECITALS. The parties do hereby acknowledge and agree that the above recitals are true and correct and are incorporated herein by reference. SECTION 2. PURPOSE. The purpose of this Interlocal Agreement is to identify the parties' respective rights and obligations pertaining to the use and maintenance of the System. SECTION 3, GENERAL TERMS AND CONDITIONS. A. The parties agree that maintenance shall be defined as activities keeping the System in its intended condition and may include, but not be limited to, such activities as sediment and debris removal, vegetation control, structure repairs and/or replacement, mowing and prevention or restoration of bank erasion, exfiltration cleaning and repair. B. The parties agree to each maintain those portions of the System that each party owns and no party shall be responsible to maintain a portion of the System it does not own unless otherwise agreed. Such maintenance obligations are defined as follows: 1. The portions of the System located within the boundaries of the Village of Tequesta (from storm structure S-11 to S-16, from storm structure S-15 to the existing manhole in Tequesta Drive, from storm structure S-11 to S-17 and from storm structure S-12 to S-13, al( as shown on Exhibit "A"} will be owned, operated and maintained by the Village. 2. The portions of the System located within the boundaries of the Town of Jupiter (from storm structure S-7 to S-i 1, from storm structure S-3 to S-4, from storm structure S-7 to S-8, and from storm structure S-9 to S-9A, as shown on Exhibit "A") will be owned, operated and maintained by the Town. 3. The permitted 42" outfall pipe for the System located within the boundaries of the Town of Jupiter (from storm structure S-1 to S-7, as shown an Exhibit "A"} (hereinafter "Outfall", or "the ~utfall"), will be owned by the Town, but will be operated and maintained jointly by the Town, the Village and the County. C. The parties agree to execute a separate Reciprocal Stormwater Drainage Easement to effectuate and facilitate the terms, duties and obligations of the parties under this Agreement, 2 D. If required by federal, state or local authorities, the parties agree to each be responsible for, and to take appropriate steps to address, any pollutant loadings entering the System from their jurisdiction as determined through a study by an independent engineer acceptable to all parties. The Town shall, subject to the approval of the Village and County, retain the independent engineer for conducting the study, and the cost of any such study shall be borne equally by the parties from whose jurisdiction it was determined that the pollutant loadings emanated. E. The parties agree to give written advance notice to all other parties and to negotiate a revised proportionate share of any joint and shared maintenance expenses for the Outfall, whenever there is a modification to the permitted discharge to the System. F. The Town's proportional share of maintenance expenses for the Outfall shall be 47.3%; the Village's proportional share of maintenance expenses for the Outfall shall be 45.3%; and the County's proportional share of maintenance expenses for the Outfall shall be 7.4%, all of which shares are based on the parties respective shares of the original cost of the System as provided in the "Summary of Cost Allocation" from Northern Palm Beach County Improvement District's Unit of Development No. 36 documentation. G. The maintenance of the Outfall shall be performed by a third party or parties, unless all parties hereto mutually agree to other maintenance arrangements. SECTION 4. DUTIES AND OBLIGATIONS OF THE PARTIES. A. The Town shall: 1. Remain responsible for the perpetual maintenance of the Outfall as shown on Exhibit "A" and as shown in South Florida Water Management District Permit No. 50•Q4423-P; 2. Contract for the maintenance of the Outfall with a third party unless otherwise agreed to by all parties as stated herein; 3. Administer all third party maintenance contracts for the Outfall to ensure that the Outfall operates as permitted and designed; 4. On a monthly basis, bill to the Village an amount equal to 45.3% of the maintenance expenses of the Outfall incurred by the Town, together with supporting documentation evidencing that the work was performed by a third party and that payment for the work has been made by the Town; and 5. On a monthly basis, bill the County an amount equal to 7.4% of the maintenance expenses of the Outfall incurred by the Town, together with 3 supporting documentation evidencing that the work was pertormed by a third party and that payment for the work has been made by the Town. B~ The County and Village shall remit payment to the Town for the full amount of all costs billed in Section 4 (A) (4) and (5) herein, within thirty (30) days of receipt of an invoice from the Town, with such costs being based on the County and Village's respective shares of the original cost of the System as provided in the "Summary of Cost Allocation" from Northern Palm Beach County Improvement District's Unit of Development No. 36 documentation. Failure by the Village and/ar the County to remit such payment to the Town in a timely manner shall be construed as a material breach of this Agreement. SECTION 5. CANCELLATION. The Village or County may cancel this Agreement by providing the Town with written notice of its intention to do so, or by failing to remit to the Tawn in a timely manner its proportionate share of maintenance casts for the Outfall, as provided in Section 4(A)(4) and (5) herein, provided that such cancellation shall be conditioned on the Village's or the County's immediate discontinuation of all use of the Outfall and the severing of its discharge pipes to the Outfall. Notwithstanding the foregoing however, if the Village or County are late in making payment of their proportionate share of maintenance costs, they shall be given written notice of the non-payment and 30 days to cure the non-payment before the Town may cancel this Agreement. Further, the parties expressly acknowledge that a termination of the Agreement as to one party shall not be a basis for terminating the Agreement as to the other two parties to this Agreement. SECTION 6. ATTORNEYS' FEES AND COSTS. In the event of any litigation or administrative proceedings to settle issues arising hereunder, including appeals arising out of said litigation or administrative proceedings, the prevailing party, shall be entitled to recover from the non-prevailing party, its reasonable attorneys' fees, costs and expenses, including attomeys' fees and costs on appeal. If #here is litigation between all three parties hereto, the prevailing party (or parties) as determined by the Judge or Administrative Hearing Judge, shall recover reasonable attorneys' fees from the non- prevailing party (or parties). SECTION 7. NOTICE. Any and all written notices required or permitted to be given hereunder shall be deemed received upon hand delivery or facsimile transmission or upon receipt of delivery via certified mail, or after three (3) days if same are deposited in U.S. mail. All notices to the Town shall be sent to: TOWN OF JUPITER, FLORIDA 210 North Military Trails Jupiter, Florida 33458 Attention: Town Manager Telephone: (561) 741-2213 4 Facsimile: (561) 575-9730 All notices to the Village shall be sent to: VILLAGE OF TEQUESTA, FLORIDA 345 Tequesta Drive Tequesta, Florida 33469 Attention: Village Manager Telephone: (561) 575-6200 Facsimile (561 } 575-6203 All notices to the County shall be sent to: PALM BEACH COUNTY, FLORIDA 301 North Olive Ave. Attention: Board of County Commissioners West Palm Beach, Florida 33401 SECTION 8. TERM: This Agreement shall be effective on the date the last signature to the agreement is made and shall continue for a term of ten (10) years, and will automatically renew far another 10 year term unless written notice of cancellation is delivered no later than 3 months prior to the end of the 10 year term. SECTION 9. COMPLIANCE WITH LAW: The parties shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The parties acknowledge that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. SECTION 10. REMEDIES: This Agreement shalt be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. SECTION 11. AVAILABILITY OF FUNDS: The obligations of the parties under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the respective governing bodies of the parties. SECTION 12. SEVERABILITY: In the event that any section, paragraph, sentence, clause or provision hereof, is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of the Agreement and the same shall remain in full force and effect unless the invalid finding is as to payment, in which event the Agreement shall thereupon be terminated. 5 SECTION 13. ENTIRE UNDERSTANDING: This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations or agreements, either written or oral, relating to the matters which are the subject of this Agreement. SECTION 14. HEADINGS: The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. SECTION 15. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 16. CONSTRUCTION. The parties acknowledge that each has shared equally in the drafting of this Agreement and, accordingly, no court construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. SECTION 17. CLERK OF COURT. A copy of this Agreement may be recorded with the Clerk of the Court in and for Palm Beach County, Florida. SECTION 18. EFFECTIVE DATE. This Agreement shall be effective as of the last date that it is signed by the parties hereto. IN WITNESS THEREOF, the respective parties of this Agreement have caused the signature of the Mayor of the Town of Jupiter, the Mayor of the Village of Tequesta and the Board of County Commissioners to be affixed hereto on the date first written above. EXECUTED by the Town this day of , 2006. TOWN OF JUPITER ATTEST: By: Karen J. Golonka, Mayor Town Clerk Approved as to legal form and sufficiency: By: Thomas J. Baird Attorney, Town of Jupiter 6 't~..; EXECUTED by the Village this ,~' . day of ~~ ~ ~Y7%~~~~'~006. Approved as to legal form and sufficiency: ATTEST: Acting Vil ge Clerk /~ By: a --~ James Humpa e, M or By: Scott G. Hawkins Attorney, Village of Tequesta EXECUTED by the County this day of , 28U6. BOARD OF COUNTY GOMMISSIONERS, PALM BEACH COUNTY ATTEST: By: Approved as to legal farm and sufficiency: By: Attorney, Palm Beach County 8 Prepared by: Scott L. McMullen, Esq. Jones, Foster, Johnston & Stubbs, P.A 505 S. Flagler Drive Suite 1100 West Palm Beach, FL 33401 Upon Recording Retum to: RECIPROCAL STORMWATER DRAINAGE EASEMENT (CYPRESS DRIVE STORMWATER MANAGEMENT SYSTEM) THIS RECIPROCAL STORMWATER DRAINAGE EASEMENT ("Easement") is made and entered into this day of , 2006, by and between the VILLAGE OF TEQUESTA, a municipal corporation, whose address is 345 Tequesta Drive, Tequesta, Florida, 33469 ("Village"), PALM BEACH COUNTY, a political subdivision of the State of Florida, whose address is 310 North Olive Avenue, West Palm Beach, Florida, 33401 ("County"), and the TOWN OF JUPITER, a municipal corporation, whose address is 210 Military Trail, Jupiter, Florida 33458 ("Town") RECITALS: WHEREAS, the Town and Village each own separate portions of, and the Town, County and the Village all utilize, the "Cypress Drive Stormwater Management System," (hereinafter the "Systems more particularly described and illustrated in Exhibit "A" attached hereto and incorporated herein by reference, for storrnwater purposes for the betterment of properties within their respective jurisdictions; and WHEREAS, the Town, Village and County entered into that certain Interlocal Agreement recorded in Official Record Book ,Page of the Public Records of Palm Beach County, Florida (the "Interlocal Agreement") pursuant to which the parties memorialized their respective rights, duties and obligations with respect to the use and maintenance of the System; and WHEREAS, pursuant to the terms of the Interlocal Agreement, the parties agreed that each would grant to the other a reciprocal, non-exclusive easement for stormwater drainage purposes over, across, under and through the System for the benefit of the properties located within their respective jurisdictions. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Village, Town and County hereby agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated herein by reference. 2. Reciprocal Easement. Town, Village and County hereby grant to each other, and their successors and/or assigns, a reciprocal, non-exclusive easement over, across, under and through the System solely and exclusively for the purposes of stormwater drainage for the benefit of the properties located within their respective jurisdictions. 3. Interlocal Agreement. The reciprocal easement granted herein shall be subject to the terms, conditions and provisions contained in the Interlocal Agreement, as the same may be amended from time to time. The terms, conditions and provisions of the Interlocal Agreement are incorporated herein by reference. In the event of any inconsistencies between this Easement and the Interlocal Agreement, it is the intent of the parties that the terms, conditions and provisions of the Interlocal Agreement, as may be amended, shall govern. 4. Duration. The reciprocal easements granted herein shall be perpetual in duration, subject to the termination rights of the parties as provided in the Interlocal Agreement. 5. Authori Each of the parties hereto covenants with the other that it has good and lawful right to grant the aforesaid easement and that alt necessary action has been undertaken by the parties to approve the execution of this Easement. IN WITNESS WHEREOF, the parties have caused this Easement to be executed by their duly authorized officers as of the date first above written. Signed and sealed in the presence of: TOWN OF JUPITER Print Name: Print Name: By: Karen J. Golonka, Mayor ATTEST: Sally Boylan, Town Clerk Approved as to legal form and sufficiency: By: Thomas J. Baird Attorney, Town of Jupiter NOTARY CERTIFICATE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2006 by Karen J. Golonka and Sally Boylan, Mayor and Town Clerk, respectively, of the Town of Jupiter. They are personally known to me or have produced as identification. Notary Signature Typed, Printed or Stamped Name of Notary My Commission Expires: Signed and sealed in the presence of: ~~~ ~ ~.:: Print Name: F;< ~r; Print Name: ~~ ~ ~~~ ~ ,v %~ fr ~~+:;` i u;'~`~'!~ VILLAGE OF TEQUESTA By: James Humpage, a ATTEST: Betty Laur, Acting Village Clerk Approved as to legal form and sufficiency: By: Scott G. Hawkins Attorney, Village of Tequesta NOTARY CERTIFICATE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ,~.c~.tt day of ~~t ~e w~lr~~% , 2006 by Jim Humpage and Betty Laur, Ma~ror and Acting Village Clerk, respectively, of the Village of Tequesta. They are~per~onally known tom °,or have produced as identification. ~-~---------------WJ~~""`~~ Notary Signature Typed, Printed or Stamped Name of Notary My Commission Expires: ~~`~ti~~~~-~ u e i i i i~i~,~~~ `~,,O~r~R~A A. q~ jss~~, ~~ Q• •• M~SSIOry O _~ ' ~ 00 bef 122~oA~io • *: s.~ :*= o ~, pDD 266317 ;'oQ' -~ .~~ y99 • ~~.ry~6iic ~".~ ~ ~Q~ ~ ~~ BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY Signed and sealed in the presence of: Print Name; Print Name: By: ATTEST: County Clerk Approved as to legal form and sufficiency: By: County Attorney NOTARY CERTIFICATE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2006 by and and County Clerk, respectively, of Palm Beach County. They are personally known to me or have produced as identification. Notary Signature Typed, Printed or Stamped Name of Notary My Commission Expires: EXHIBIT "A" DESCRIPTION OF CYPRESS DRIVE STORMWATER MANAGEMENT SYSTEM AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF JUPITER, THE VILLAGE OF TEQUESTA AND PALM BEACH COUNTY FOR OPERATION AND MAINTENANCE OF THE CYPRESS DRIVE STORMWATER MANAGEMENT SYSTEM This Interlocal AGREEMENT, made and entered this day of , 2006, by and between the VILLAGE OF TEQUESTA, a municipal corporation, whose address is 357 Tequesta Drive, Tequesta, Florida, 33469, hereinafter referred to as the "Village," PALM BEACH COUNTY, a political subdivision of the State of Florida, whose address is 310 North Olive Avenue, West Palm Beach, Florida, 33401, hereinafter referred to as the "County," and the TOWN OF JUPITER, a municipal corporation, whose address is 210 Military Trail, Jupiter, Florida 33458, hereinafter referred to as the "Town." WITNESSETH WHEREAS, the Town and the Village each own separate portions of, and the Town, County and the Village all utilize the "Cypress Drive Stormwater Management System," (hereinafter "System" or "the System") illustrated in Exhibit "A" attached hereto to this Agreement and incorporated herein by reference, for stormwater purposes for the betterment of properties within their respective jurisdictions; and WHEREAS, all parties wish to continue to use and maintain the System; and WHEREAS, the parties mutually desire to memorialize their respective rights, duties and obligations with respect to the use and maintenance of the System, with the Town taking a lead role in the responsibility of the maintenance of the System as more particularly set forth herein; and WHEREAS, as part of the maintenance obligations, the Village and County have agreed to pay their proportionate share of the maintenance of a portion of the System as further defined herein; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Corporation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately. NOW THEREFORE, the Town, the Village and the County, for and in consideration of the mutual benefits and promises as set forth herein, do hereby enter into this Interlocal Agreement and represent, covenant, and agree with each other as follows: SECTION 1. RECITALS. The parties do hereby acknowledge and agree that the above recitals are true and correct and are incorporated herein by reference. SECTION 2. PURPOSE. The purpose of this Interlocal Agreement is to identify the parties' respective rights and obligations pertaining to the use and maintenance of the System. SECTION 3. GENERAL TERMS AND CONDITIONS. A. The parties agree that maintenance shall be defined as activities keeping the System in its intended condition and may include, but not be limited to, such activities as sediment and debris removal, vegetation control, structure repairs and/or replacement, mowing and prevention or restoration of bank erosion, exfiltration cleaning and repair. B. The parties agree to each maintain those portions of the System that each party owns and no party shall be responsible to maintain a portion of the System it does not own unless otherwise agreed. Such maintenance obligations are defined as follows: 1. The portions of the System located within the boundaries of the Village of Tequesta (from storm structure S-11 to S-16, from storm structure S-15 to the existing manhole in Tequesta Drive, from storm structure S-11 to S-17 and from storm structure S-12 to S-13, all as shown on Exhibit "A") will be owned, operated and maintained by the Village. 2. The portions of the System located within the boundaries of the Town of Jupiter (from storm structure S-7 to S-11, from storm structure S-3 to S-4, from storm structure S-7 to S-8, and from storm structure S-9 to S-9A, as shown on Exhibit "A") will be owned, operated and maintained by the Town. 3. The permitted 42" outfall pipe for the System located within the boundaries of the Town of Jupiter (from storm structure S-1 to S-7, as shown on Exhibit "A") (hereinafter "Outfall", or "the Outfall"), will be owned by the Town, but will be operated and maintained jointly by the Town, the Village and the County. C. The parties agree to execute a separate Reciprocal Stormwater Drainage Easement to effectuate and facilitate the terms, duties and obligations of the parties under this Agreement. 2 D. If required by federal, state or local authorities, the parties agree to each be responsible for, and to take appropriate steps to address, any pollutant loadings entering the System from their jurisdiction as determined through a study by an independent engineer acceptable to all parties. The cost of any such study shall be borne equally by the parties from whose jurisdiction pollutant loadings emanated. E. The parties agree to give written advance notice to all other parties and to negotiate a revised proportionate share of any joint and shared maintenance expenses for the Outfall, whenever there is a modification to the permitted discharge to the System. F. The Town's proportional share of maintenance expenses for the Outfall shall be 47.3%; the Village's proportional share of maintenance expenses for the Outfall shall be 45.3%; and the County's proportional share of maintenance expenses for the Outfall shall be 7.4%, all of which shares are based on the parties respective shares of the original cost of the System as provided in the "Summary of Cost Allocation" from Northern Palm Beach County Improvement District's Unit of Development No. 36 documentation. G. The maintenance of the Outfall shall be performed by a third party or parties, unless all parties hereto mutually agree to other maintenance arrangements. SECTION 4. DUTIES AND OBLIGATIONS OF THE PARTIES A. The Town shall: 1. Remain responsible for the perpetual maintenance of the Outfall as shown on Exhibit "A" and as shown in South Florida Water Management District Permit No. 50-04423-P; 2. Contract for the maintenance of the Outfall with a third party unless othen~vise agreed to by all parties as stated herein; 3. Administer all third party maintenance contracts for the Outfall to ensure that the Outfall operates as permitted and designed; 4. On a monthly basis, bill to the Village an amount equal to 45.3% of the maintenance expenses of the Outfall incurred by the Town, together with supporting documentation evidencing that the work was performed by a third party and that payment for the work has been made by the Town; and 5. On a monthly basis, bill the County an amount equal to 7.4% of the maintenance expenses of the Outfall incurred by the Town, together with supporting documentation evidencing that the work was performed by a third party and that payment for the work has been made by the Town. 3 B. The County and Village shall remit payment to the Town for the full amount of all costs billed in Section 4 (A) (4) and (5) herein, within thirty (30) days of receipt of an invoice from the Town, with such costs being based on the County and Village's respective shares of the original cost of the System as provided in the "Summary of Cost Allocation" from Northern Palm Beach County Improvement District's Unit of Development No. 36 documentation. Failure by the Village and/or the County to remit such payment to the Town in a timely manner shall be construed as a material breach of this Agreement. SECTION 5. CANCELLATION. The Village or County may cancel this Agreement by providing the Town with written notice of its intention to do so, or by failing to remit to the Town in a timely manner its proportionate share of maintenance costs for the Outfall, as provided in Section 4(A)(4) and (5) herein, provided that such cancellation shall be conditioned on the Village's or the County's immediate discontinuation of all use of the Outfall and the severing of its discharge pipes to the Outfall. Notwithstanding the foregoing however, if the Village or County are late in making payment of their proportionate share of maintenance costs, they shall be given written notice of the non-payment and 30 days to cure the non-payment before the Town may cancel this Agreement. Further, the parties expressly acknowledge that a termination of the Agreement as to one party shall not be a basis for terminating the Agreement as to the other two parties to this Agreement. SECTION 6. ATTORNEYS' FEES AND COSTS. In the event of any litigation or administrative proceedings to settle issues arising hereunder, including appeals arising out of said litigation or administrative proceedings, the prevailing party, shall be entitled to recover from the non-prevailing party, its reasonable attorneys' fees, costs and expenses, including attorneys' fees and costs on appeal. If there is litigation between all three parties hereto, the prevailing party (or parties) as determined by the Judge or Administrative Hearing Judge, shall recover reasonable attorneys' fees from the non- prevailing party (or parties). SECTION 7. NOTICE. Any and all written notices required or permitted to be given hereunder shall be deemed received upon hand delivery or facsimile transmission or upon receipt of delivery via certified mail, or after three (3) days if same are deposited in U.S. mail. All notices to the Town shall be sent to: TOWN OF JUPITER, FLORIDA 210 North Military Trails Jupiter, Florida 33458 Attention: Town Manager Telephone: (561) 741-2213 Facsimile: (561) 575-9730 4 All notices to the Village shall be sent to: VILLAGE OF TEQUESTA, FLORIDA 357 Tequesta Drive Tequesta, Florida 33469 Attention: Village Manager Telephone: (561) 575-6200 Facsimile (561) 575-6203 All notices to the County shall be sent to: PALM BEACH COUNTY, FLORIDA 301 North Olive Ave. Attention: Board of County Commissioners West Palm Beach, Florida 33401 SECTION 8. TERM: This Agreement shall be effective on the date the last signature to the agreement is made and shall continue for a term of ten (10) years, and will automatically renew for another 10 year term unless written notice of cancellation is delivered no later than 3 months prior to the end of the 10 year term. SECTION 9. COMPLIANCE WITH LAW: The parties shall comply with all applicable federal, state and local rules and regulations in providing services under this Agreement. The parties acknowledge that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. SECTION 10. REMEDIES: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. SECTION 11. AVAILABILITY OF FUNDS: The obligations of the parties under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the respective governing bodies of the parties. SECTION 12. SEVERABILITY: In the event that any section, paragraph, sentence, clause or provision hereof, is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of the Agreement and the same shall remain in full force and effect unless the invalid finding is as to payment, in which event the Agreement shall thereupon be terminated. 5 SECTION 13. ENTIRE UNDERSTANDING: This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations or agreements, either written or oral, relating to the matters which are the subject of this Agreement. SECTION 14. HEADINGS: The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. SECTION 15. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 16. CONSTRUCTION. The parties acknowledge that each has shared equally in the drafting of this Agreement and, accordingly, no court construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. SECTION 17. CLERK OF COURT. A copy of this Agreement may be recorded with the Clerk of the Court in and for Palm Beach County, Florida. SECTION 18. EFFECTIVE DATE. This Agreement shall be effective as of the last date that it is signed by the parties hereto. IN WITNESS THEREOF, the respective parties of this Agreement have caused the signature of the Mayor of the Town of Jupiter, the Mayor of the Village of Tequesta and the Board of County Commissioners to be affixed hereto on the date first written above. EXECUTED by the Town this day of , 2006. TOWN OF JUPITER ATTEST: By: Karen J. Golonka, Mayor Town Clerk Approved as to legal form and sufficiency: By: Thomas J. Baird Attorney, Town of Jupiter 6 EXECUTED by the Village this day of , 2006. VILLAGE OF TEQUESTA ATTEST: By: Jim Humpage, Mayor Acting Village Clerk Approved as to legal form and sufficiency: By: Scott G. Hawkins Attorney, Village of Tequesta 7 EXECUTED by the County this day of , 2006. BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY ATTEST: By: Approved as to legal form and sufficiency: By: Attorney, Palm Beach County 8 N N `o N 4Z J a t- U W a J J w 0 ~I~~ z w >w o~ ~a ~~ aw >. a UZ II 3 ~ ~~ ~~ ! ~~ ~~~~~ ~°~ 4 Prepared by: Scott L. McMullen, Esq. Jones, Foster, Johnston & Stubbs, P.A. 505 S. Flagler Drive Suite 1100 West Palm Beach, FL 33401 Upon Recording Return to: RECIPROCAL STORMWATER DRAINAGE EASEMENT (CYPRESS DRIVE STORMWATER MANAGEMENT SYSTEM) THIS RECIPROCAL STORMWATER DRAINAGE EASEMENT ("Easement") is made and entered into this day of , 2006, by and between the VILLAGE OF TEQUESTA, a municipal corporation, whose address is 357 Tequesta Drive, Tequesta, Florida, 33469 ("Village"), PALM BEACH COUNTY, a political subdivision of the State of Florida, whose address is 310 North Olive Avenue, West Palm Beach, Florida, 33401 ("County"), and the TOWN OF JUPITER, a municipal corporation, whose address is 210 Military Trail, Jupiter, Florida 33458 ("Town") RECITALS: WHEREAS, the Town and Village each own separate portions of, and the Town, County and the Village all utilize, the "Cypress Drive stormwater Management System," (hereinafter the "Systems more particularly described and illustrated in Exhibit "A" attached hereto and incorporated herein by reference, for stormwater purposes for the betterment of properties within their respective jurisdictions; and WHEREAS, the Town, Village and County entered into that certain Interlocal Agreement recorded in Official Record Book ,Page of the Public Records of Palm Beach County, Florida (the "Interlocal Agreement") pursuant to which the parties memorialized their respective rights, duties and obligations with respect to the use and maintenance of the System; and WHEREAS, pursuant to the terms of the Interlocal Agreement, the parties agreed that each would grant to the other a reciprocal, non-exclusive easement for stormwater drainage purposes over, across, under and through the System for the benefit of the properties located within their respective jurisdictions. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Village, Town and County hereby agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated herein by reference. 2. Reciprocal Easement. Town, Village and County hereby grant to each other, and their successors and/or assigns, a reciprocal, non-exclusive easement over, across, under and through the System solely and exclusively for the purposes of stormwater drainage for the benefit of the properties located within their respective jurisdictions. 3. Interlocal Agreement. The reciprocal easement granted herein shall be subject to the terms, conditions and provisions contained in the Interlocal Agreement, as the same may be amended from time to time. The terms, conditions and provisions of the Interlocal Agreement are incorporated herein by reference. In the event of any inconsistencies between this Easement and the Interlocal Agreement, it is the intent of the parties that the terms, conditions and provisions of the Interlocal Agreement, as may be amended, shall govern. 4. Duration. The reciprocal easements granted herein shall be perpetual in duration, subject to the termination rights of the parties as provided in the Interlocal Agreement. 5. Authority. Each of the parties hereto covenants with the other that it has good and lawful right to grant the aforesaid easement and that all necessary action has been undertaken by the parties to approve the execution of this Easement. IN WITNESS WHEREOF, the parties have caused this Easement to be executed by their duly authorized officers as of the date first above written. Signed and sealed in the presence of: Print Name: Print Name: TOWN OF JUPITER By: Karen J. Golonka, Mayor ATTEST: Sally Boylan, Town Clerk Approved as to legal form and sufficiency: By: Thomas J. Baird Attorney, Town of Jupiter NOTARY CERTIFICATE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2006 by Karen J. Golonka and Sally Boylan, Mayor and Town Clerk, respectively, of the Town of Jupiter. They are personally known to me or have produced as identification. Notary Signature Typed, Printed or Stamped Name of Notary My Commission Expires: Signed and sealed in the presence of: Print Name: Print Name: VILLAGE OF TEQUESTA By: James Humpage, Mayor ATTEST: Betty Laur, Acting Village Clerk Approved as to legal form and sufficiency: By: Scott G. Hawkins Attorney, Village of Tequesta NOTARY CERTIFICATE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2006 by Jim Humpage and Betty Laur, Mayor and Acting Village Clerk, respectively, of the Village of Tequesta. They are personally known to me or have produced as identification. Notary Signature Typed, Printed or Stamped Name of Notary My Commission Expires: BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY Signed and sealed in the presence of: Print Name: Print Name: By: ATTEST: County Clerk Approved as to legal form and sufficiency: By: County Attorney NOTARY CERTIFICATE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2006 by and and County Clerk, respectively, of Palm Beach County. They are personally known to me or have produced as identification. Notary Signature Typed, Printed or Stamped Name of Notary My Commission Expires: EXHIBIT "A" DESCRIPTION OF CYPRESS DRIVE STORMWATER MANAGEMENT SYSTEM + °~°®° ~ ~~~ ~j~~~~ry~ ,u~v~zoox CYPRESS DRIVE ~"N ~''0~ ~~ '""~ ,s °°^-"a'""'"'m"'a"~ .wocc.no DRAINAGEIMPROVEMENTS xzea, `~" OVERALL PROJECT PLAN 2 acam n ,p «a anolmio one rm .uY w~ n m ~ _ _ ~>••.•~• oNZ,eoo rntu aueH couwrr rr,oaw~ sru 2 of 24