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HomeMy WebLinkAboutAgreement_General_8/13/1992_ EXHIBIT "A" AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT FOR THE JOINT PROJECT PARTICIPATION IN CONSTRUCTION OF THE TEQUESTA DRIVE BRIDGE WATER MAIN REPLACEMENT AND THE TEQUESTA DRIVE BRIDGE SEWER MAIN REPLACEMENT WITHIN THE TEQUESTA DRIVE RIGHT-OF-WAY VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA THIS AGREEMENT, made and entered into this /3. day of , 1992, by and between the Village of Tequesta, a g54.411 subdivision of the State of Florida, hereinafter called and referred to as the "VILLAGE" and the Loxahatchee River Environmental Control District, a Special District of the State of Florida, hereinafter called and referred to as the "L.R.E.C.D." , WITNESSETH: WHEREAS. the Village -and L.R.E.C.D. are authorized to enter into this Agreement pursuant to Section 163 .01, Florida Statutes, as amended, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other governmental units on a basis of mutual advantage; and WHEREAS, the VILLAGE has caused to be prepared water main replacement construction plans and specifications for that water main located upon the Tequesta Drive Bridge within the Tequesta Drive right-of-way; _ and WHEREAS, L.R.E.C.D. has caused to be prepared utility construction plans and specifications for a sewer main located upon the Tequesta Drive Bridge within the• Tequesta Drive right-of-way which will serve portions of its service area; and WHEREAS, both the VILLAGE and L.R.E.C.D. declare that it is in the public interest that the water and sewer transmission systems as contemplated herein be constructed simultaneously and in coordination; and WHEREAS, L.R.E.C.D. has budgeted funds for cooperation in construction of the sewer distribution and transmission line referenced herein; and WHEREAS, L.R.E.C.D. is desirous of funding the costs for construction of the sewer distribution and transmission lines which benefit the customers of L.R.E.C.D. ; and -1 - WHEREAS, L.R.E.C.D. is desirous of funding the costs for construction of the sewer distribution and transmission lines which benefit the customers of L.R.E.C.D. ; and WHEREAS, L.R.E.C.D. will perform all inspections, testing and certifications required for the sewer distribution and transmission system to ensure compliance with their specifications and permits. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The recitals set forth above are hereby adopted and incorporated in this Agreement. 2. The VILLAGE agrees to: A. Advertise for bids, submit bids to L.R.E.C.D. for review and award a contract for the construction of the Tequesta Drive Water Main Replacement Project and the Sewer Distribution and Transmission Systems which are to be owned by L.R:E.C.D. B. Administer the above contract and administer the funds, in accordance with this Agreement. C. Upon request of L.R.E.C.D. , initiate a contract audit in accordance with standard accounting procedures, which reflect total, final costs of the sewer distribution and transmission systems, upon completion of this Project. 3. L.R.E.C.D. agrees to: A) Use a professional engineer selected by L.R.E.C.D. to prepare design plans for the construction of the sewer distribution and transmission systems and obtain all necessary permits for the L.R.E.C.D. portion of the Project. - B) Pay the costs of engineering services to accomplish design plans for the construction of sewer distribution. and transmission systems for the Project. C) Provide or cause to be performed, all inspection services for the construction of the sewer distribution and transmission systems during construction of and final certification for the aforementioned sewer systems. D) To the extent that L.R.E.C.D. is charged with design for the construction of the sewer distribution and transmission systems of the Project, L.R.E.C.D. agrees to be responsible for any and all liability with regard to its performance of the requirements of this Agreement. -2- - E) To contribute and to forward to the VILLAGE, the funding for the actual costs of construction of the sewer distribution and transmission systems. Contributions and funding for the cost of such construction shall be paid by L.R.E.C.D. as such costs accrue and within fifteen ( 15) days after a bill for same has been sent by the VILLAGE to L.R.E.C.D. 4. Both the VILLAGE and L.R.E.C.D. agree to pay to the other such funds as are indicated in a final audit as set forth in Paragraph 2-C above, which will balance accounts between the Parties. 5. This Agreement shall be executed in triplicate and the VILLAGE shall retain two ( 2) copies and L.R.E.C.D. shall . retain one (1) copy. All copies shall be considered an original. 6. Any and all notices required or permitted to be given hereunder shall be received five ( 5) days after same or deposited in U.S. Mail, sent Certified Mail-Return Receipt Requested. All Notices to be VILLAGE shall be sent to: Thomas C. Hall Water System Manager Village of Tequesta P.O. Box 3474 Tequesta, Florida 33469 All Notices to L.R.E.C.D. shall be sent to: Richard C. Dent Executive Director Loxahatchee River Environmental Control District 2500 Jupiter Park Drive Jupiter, Florida 33458-8964 IN WITNESS WHEREOF, the Village of Tequesta, Florida, has caused this Agreement to be signed by the Mayor of the VILLAGE AND THE Seal of the Village of Tequesta to be affixed hereto and attested by the Village Clerk, pursuant to authority granted by the Village Council, and the Loxahatchee River Environmental Control District has caused this Agreement to be signed in its name by its Executive Director and its Seal to be affixed hereto, attested by its Director of Development, both pursuant to the authority of the Loxahatchee River Environmental Control Dis- trict Governing Board, the date and year first above written. -3- VILLAGE OF TEQUESTA LO ATCHE RIVER ENVIRONMENTAL ONTROL S T , \ i BY: 4,7 BY• i `" _- M1}•lore. DATE: /,�/-7 1 / f f 7_ DATE: , -9 97/ ATTEST: ATTEST: BY e BY: (-) e1 V1LL1516-6 CLE. APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LEGAL SUFFICIENCY: ,ge_S:44.4 6 v 4. 2- -r4('''//' BY: BY: 4 / 1741/1(iLL1 Efc LLAGE TORNEY L.R.E.C.D. ATTORNEY