HomeMy WebLinkAboutResolution_23-06/07_12/14/2006RESOLUTION NO. 23-06/07
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AUTHORIZING THE EXECUTION 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 BEACH
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 Genco, who moved its adoption. The
motion was seconded by Councilmember Watkins, and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Jim Humpage
Tom Paterno
Geraldine A. Genco
Pat Watkins
The Mayor thereupon declared the Resolution duly
passed and adopted this 14th day of December, A.D,
2006.
ATTEST:
betty I;aur
Acting Village Clerk
MAYOR OF TE4UESTA
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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 alt 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 main#enance 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 #hat 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 Interlace/ 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 Interlocat 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 shalt be responsible to maintain a portion of the System i#
does nat 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 stomp 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 s#ructure S-9 to S-9A, as
shown on Exhibit "A")will be owned, operated and maintained by the Town.
3. The permitted 42" outfap pipe for the System [orated within the
boundaries of the Town of Jupiter (from storm structure S-1 to S-7, as shaven
an Exhibit "A"} (hereinafter "Outfall', or "the Outfall"), will be owned by the
Town, but will be operated and maintained Jointly by the Town, the Viiiage
and the County.
C. The parties agree to execute a separate Reaprocal Stomiwater Drainage
Easemen# to effectuate and facilitate the terms, duties and obligations of the parties
under this Agreement.
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D, If required by federal, state or focal authorities, the parties agree #o each
be responsible for, and #o 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 alt parties. The Town shall, subject to the
approval of the Village and County, retain the independent engineer for conducing
the study, and the cost of any such study shall be home equally by the parties from
whose jurisdiction k was determined that the pollutan# loadings emanated.
E. The parties agree to give written advance no#ice #o 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
shalt 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 main#enance of the Outfap shall be performed by a #hird party or
parties, unless ail parties hereto mutually agree to other maintenance arrangements.
SECTION 4. DUTIES AND OBLIGATIONS aF THE PARTIES
A. The Town shaft:
1. Remain responsible for the perpetual maintenance of the Outfap as shown
on Exhibif "A" and as shown in South Florida Water Management District
Permit No. 50»04423-P;
2. Contract for the maintenance of the OutFap with a third party unless
otherwise agreed to by ail parties as stated herein;
3. Administer aU third party maintenance contracts for the Outfail to ensure
that the Outfal! 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 Ou#fatl incurred 6y the Town, together with
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supporting documentation evidencing that the work was pertormed by a third
party and that payment far 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 casts 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 Paim 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 sucth
cancellation shag be conditioned on the Village's or the County's immediate
discontinuation of a[I 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 shaii 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 Iwo parties to this Agreement.
SECTION 6. ATTORNEYS' FEES AND COSTS. to 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, shaii be entitled
to recover from the nan-prevailing party, its reasonable attorneys' fees, costs and
expenses, including attorneys' fees and costs on appeal. if #here is litigation between
all three parties here#o, the prevailing party (or parties} as determined by the Judge or
Administrative Hearing Judge, shaii recover reasonable attorneys' fees from the non-
prevailing party (ar 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.
AN notices to the Town shaii be sent ta:
TOWN OF JUPITER, FLORIDA
210 North Military Trails
Jupiter, Florida 33458
Attention: Town Manager
Telephone: (561) 741 2213
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Facsimile: (561 } 575-9730
All no#ices to the Village shah 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 shaft be sent to:
PALM BEACH CC3UNTY, 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 shaft 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 alt 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 shah preclude any
other or further exercise thereof.
SECTION 9 7. AVAILABILITY OF FUNDS: The obligations of the parties under this
Agreement are subject to the availabili#y of funds lawfully appropriated for its purpose by
the respective governing bodies of the parties.
SECTION 12. SEVERABIUTY: 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.
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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
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EXECUTED by the Village this~sL~ day of ~` ~-~t :_-yV~~i~006.
ATTEST:
Acting Vill ge Cierk
VIL F TEQUES
By: o -
James Humpa e, M or
Approved as to legal form and sufficiency:
By:
Scott G. Hawkins
Attorney, Village of Tequesta
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EXECUTED by the Coun#y this day of , 2006.
BOARD 4F CC}UNTY C4AAMISSI4NERS, PALM BEACW COUNTY
ATTEST:
By:
Approved as to legal form acrd sufficiency:
By:
Attorney, Palm Beach County
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Prepan3d 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 stormwater purposes for the betterment of properties
within their respective jurisdirtiions; and
WHEREAS, the Town, Village and County entered into tha# certain Interlocal Agreement
recorded in Official Record Book ,Page of the Public Records of Palm Beach
County, Florida (the "Interlocal Agreement's 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 sucxessors and/or assigns, a reciprocal, non-exGusive easement over, across, under
and through the System solely and exGusively 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 ofi the interiocal Agreement, as may be amended, shall govern.
4. Duration. The reciprocal easements granted herein shalt 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 all necessary action has been
undertaken by the parties to approve the execwtion 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 admowledged 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:
'i' ,
Print Name: //t~~ ~ <s ~.'~'~'r=~~-
~~ ~ ; ~
Print Name: ~ ~ U ~ ' ~ ' ~v ~ fJ~ ~ S
VILLAGE OF TEQUESTA
By: ~G.sr
James Humpage, a
ATTEST:
~,,
Betty aur, 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 ,~cy~, day of
~?~ ~Q~~~u ti , 2006 by Jim Humpage and Be L r Ma or and Acting Village Clerk,
respectively, of the Village of Tequesta. They are~per~onally known tom :or have produced
as identification. ---"~
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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:
By:
Print Name:
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 identfication.
Notary Signature
Typed, Printed or Stamped Name of Notary
ATTEST:
County Clerk
Approved as to legal form and sufficiency:
By:
My Commission Expires:
EXHIBIT "A"
DESCRIPTION OF CYPRESS DRIVE STORMWATER MANAGEMENT SYSTEM