HomeMy WebLinkAboutDocumentation_Regular_Tab 04B_06/21/2004 • �
RESOLUTION NO. 55-03/04
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
�:
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORZDA, APPROVING AN AGREEMENT BETWEEN
THE VILLAGE OF TEQUESTA, FLORIDA AND
;; JUPITER HILLS COUNTRY CLUB, INC., FOR
PROVISION OF BULK RAW WATER SERVICE, AND
�" AUTHORIZING THE MAYOR 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. The Agreement between the Village of
Tequesta, Florida and Jupiter Hil1s Country Club, Inc.,
attached hereto as Exhibit "A" and incorporated by
reference as part of this Resolution, is hereby approved
and the Mayor is authorized to execute the Agreement on
behalf of the Village.
THE FOREGOING RESOLUTION WAS OFFERED by Council Member
, who moved its adoption. The
motion was seconded by Council Member ,
and upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAII�TST ADOPTION
�i
;:
�;
�
The Mayor thereupon declared the Resolution duly passed
and adopted this 21st day of July, A.D, 2004.
MAYOR OF TEQUESTA
Pat Watkins
ATTEST:
�Mary Miles, Village Clerk
1N'I'k:€20��PIt;I� 14�F�;�t<3Rf�ND[TT1
TO: MAYOR AND VILLAGE COUNCIL
FROM: MICHAEL R. COUZZO, RJ�—
SUBJECT: AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND JUPITER HILLS
COUNTRY CLUB, INC. FOR PROVISION OF BULK RAW WATER SERVICE
DATE: 7/20/2004
The adiniiustration and representatives from Jupiter Hills Country Club, Inc. have developed
the attached agYeement for your review and consideration.
The goal of the agreement is to enable the Village to continue the expansion of our
customer base, and provide bulk xaw water to meet additional needs of the Jupiter Hills
Country Club. The development of this agreement has taken place over the past couple of
months. I believe the agreement provides a unique oppoxtuniry for both parties. In
developing this agreement the parties attempted to consider and plan foY all outcomes as a
result of this transaction.
The agreement was developed with the assistance and involvement of the Village of
Tequesta (aci�nuustration, legal departtnent, consulting utility engineers and rate analyst),
Jupiter Hills Country Club xepresentatives, South Florida Water Management representatives
and Rick Dent of ENCON. Language has been carefully drafted to insure the Village's
rights and needs are protected in ordeY to provide potable water to its residents and
customers.
This agreement is one of a number of transactions recendy undertaken by the Village of
Tequesta to expand the water utility and customer base. The adinitustration will continue to
pursue and evaluate the opportunities for your future consideration.
These effoYts are undertaken to insure the long-term viability of our independent utility, for
Village residents and all of our customers.
If you require additional information about this matter, please feel free to call.
Enclosure
MRC/kv
E:/Kim/Jupiter Hills agt. Memo to council
07/20/2 10:55 15617468744 JHC GOLF MAINTENANCE PAGE 01
J�CTPITER I-�ILLS CLLTB, INC.
GULF �OURS� MAINTEN.ANGE LIEPT.
Te�ephone: (561) 74G-8542
F�: {5 � l. ) 746-8744
�acsin�ile
_
Tc7: �.fZ.� Att�n.
k'rpm:
Phone:
Faaz: ���, ���
�ate: ����
# oif Pa.�es (�ricludixa$ covez): �-
�t.emarks:
Jupiter Hills Club • 11800 S.E. Hills Club Terrace • Tec�uesta, FL 33A�69-�79�k
(581) 746-515 � • (56 � ) 744-0070 Fax
07/20/2004 10:55 15617468744 JHC GOLF MAINTENANCE PA6E 02
J�ly r s, zooa
village o;f �'�qucsta
P.O. Box 3474
136 sriage kc:oaa,
Tequesta, Florida 33469-0273
To Whom It May Concern:
This Ietter xs to inform you tb�at the individuals listed belaw have r�ad and are in camp�ete
ag�reemeut with the proposal betuveen the Village of Tcquesta and Jupiter I�ills Club, Inc.
for the provision of bulk xaw water service. This serv�ce w�i11 provide 45Q,000 gallous pa
day at 5.30 per tl�usand.
Mr. A�orncs Sch�el, Clab �resident
11�r. Joe Taddeo, G�eena Chairmam
N1�. �Lobin Bakex, k�.A. of
Gunster, Yoakley & Stewait, P.A.
S� el�, � �
.� y ���'�.rc e��
1�e,�s��-,
Gol£ Course Superintenderrt �
DG/bmv
Jupiter Hil�s Club •].18pQ S.E. Hills Club Terrace • Tec�uesta, FL 33469-1794
(561) 746-5 Z 5 t •{561) 74�k-0070 Fax
AGREEMENT BETWEEN
THE VILLAGE OF TEQUESTA, FLORIDA
AND JUPTTER HILLS COUNTRY CLUB, INC.,
FOR PROVISiON OF BULK RAW WATER SERVICE
THIS AGREEMENT is entered inta between the Village df Tequesta, a municipal
corporation organized and existing under the laws of the State of Florida (the "Village") and the
Jupiter Hills Club Inc., ("JHC"), a Florida not-fnr-profit corporatian.
WITNESETH:
WI-�REAS, the Village provides water distribution services to the public within a recogni7.�d
service azea in Palm Beach County and southem Martin County; and
WHEREAS, the Village owns and operates water production and distribution facilities
designed to pravide service to cansumers located within and outside the Village corporate limits; and
WHEREAS, the Village desires to make available a quantity of raw vt�ater available for a bulk
sale to JHC, on a continuous basis for a limited period of time, and further ta enable JHC to receive
such service through interconnection with the Village's raw water system, and by way of master
meter/check valve assembly, receive raw water for irrigation purposes; and
WHEREAS, 3HC is in need of additional ground water for irrigation purposes and has
requested that the Village prmvide raw, untreated, water to JHC, which JHC may treat and use for
irrigation; and
WHEREAS, JHC and the Viilage recognize that the Villa.ge's ability ta meet the terms ofthis
Agreernent is dependent upan the Village's rights and permits with the South Florida Water
Management District; and
\NHEREAS, in order ta effectuate the supply of this water the Village and JHC have agreed
to enter inta this Bulk Raw Water Service Agreement (the "Agreement").
NOW, THEREFORE, in consideration of the pzemises and covenants herein contained, the
Village and JHC agree as follows:
l. Whereas Statements fEffective Date: The foregoing statements aze true �.nd
correct. This Agreement shall be effec�ive ugon the date that it is fully executed by both parties
("Effective Date"). The term ofthis agreement shall commence when the Village declares the service
is first available and such date shall be no later than 180 days from the date of the last execution
below.
2. A�reennent ta Serve: The Village agrees to provide bulk non-potable raw water
service (`Bulk Service") to the JHC for irrigation purposes in accordance with the terms and
provisions of this Agreement.
3. Deiivery of Service: The Village shall provide and JHC agrees to accept, pursuant to
the terms and conditians set forth herein, a qu�ntity of "as is" raw (non-potable) water to be delivered
to JHC at the "point of delivery" as set forth herein, to be metered by the Village, for the purpose of
bulk sale flow measurement. Except as provided herein, JHC shall nat take more than 450,000
gallons per day calculated on a daily basis and rate of flow through the meter shall not exceed
312.5 gallons per minute. The Village does not guarantee a minimum ar maximum pressure at the
point of delivery. The water supplied by the Vitlage may contain constituents, including iron and
hydrogen sulfide, which make the water unsuitable for potable uses without treatment and the Village
provides no representations or guar�ntee regarding water quality and associated colar and odor and
has no obligation to remove impurities and constituents in the water. The parties agree that the
"poiait oFdelivery" of service shall be that point on the discharge side of the master meter/ check valve
assembly as generally depicted on Exh ibi� "A" which is a�tached hereto and incarparated herein by
reference. The Village sha11 be responsible for the installation of tbe met�r/checl� valve assembly at the
"point ofdelivery". The maintenance, operation, and repair afthe Village's lines and meter up to the
"point of delivery" of service shail be the responsibility ofthe Village. JHC will be solely responsible
for the ma.intenance, operation, and repair of all lines and facilities on its side of the "point of
delivery" of service and for the treatment and distribution of the raw water after receipt of the water
at the "point of delivery". 3HC shall solely be responsible fnr obtaining all permits and regulatory
approvals, if any, for the design, construction and aperation of all faeilities described here under, fram
the point of delivery to the point of discharge, and far rnaking all chang�s in d�sign and installa.tion as
ma.y be required ta ensure regulatory complianee. JHC, subject to Village approval as to engineering
design and construction, shall be responsible for all piping installation beyond the "point af delivezy"
to the "point of discharge". Further, the Village shall have the rxght to approve any proposed change
in the discharge line or outlet/outfall devices.
4. Rates: JHC agrees to pay the Village the following bulk rates for the Bu1k Service.
For the first five (5) years from the Effective Date of this Agreement �HC will pay $0.300 per 1000
gallons af water (`Bulk Service rate">, for 450,000 gallons per day ("daily allocation"), and as
adjusted per the inflation index as provided below. Payment shall be due whether or not JHC takes
the daily allocation. On eaeh annual anniversary date of the Effective Date af this Agreement, the
Village may increase the rate per thousa�d gallozis based upon the application of the Florida Public
Service Cammission utiIity price index, as established from time ta time by the Florida Public Service
Cammissian pursuant to Florida Statute, Section 367.081(4)(a), as amended, to the then e�cisting
Bulk Service rate The Village has the ability tca annually index the Bulk Service rate and if an index is
not applied for a given y�ar to impose the index in the future . If JHC exceeds the daily alloc�.tion,
by 3% or more, without prior written approval by the Viliage, the Village shall have the right, in its
sole discretion, to terminate this agreement and shall impose a surcharge equal to $1.00 per 1000
z
g:\attylagreemntinterloclfpua-Ex4 2-9
gallons above the daily aitocation. As a condition of reserving 450,000 gallans per day of raw water
capacity, JHC agrees to pay for such capacity, whether actu2clly used by JHG. If the capacity reserved
by the Village is adjusted as provided in this agreement due to force majeure u�cidents or restrictions
on service, the amount charged by the Village will be adjusted pro rata by the change in such
capacity. To the extent that JHC ases in excess of 450,004 gallt�ns per day, or as ma.y be adjusted as
provided in the agreement during any particular day, the Village will consider the water use above,
the reserved capacity �s excess water use and will bill JHC $ I.00 per thousand gallons for a1t metered
water use considered as excess. Nonpayment of any excess water use charges by 3HC will result in a
discontinuance of service as provided in this agreement.
S. Billin : T'he Village sha11 bill JHC each month for Bu1k Service. Charges shall be
cal�ulated and defiermined based an da31y consumption. Bi1Ls are due when rendered and will be
cvrtsidered late if not paid within 15 days. Late fees shall be charged in accordance with the Village's
policies and procedures. The Village will have the right to charge ariy late payment fees or penaities
for the nonpayment of invoices / bills in accordance with its �ene�ral policies and procedures in effect
for its utility system. The Village s�hall have the right to discantinue Bulk Service to JHC for non-
payment.
6. Term: The izutial term of this Agreement shall be five (5) years. The Village shall
have the right to renew this Agreement far an additional five (5) yeaz or dif�erent term, as mutuaIly
agreed, at the expiration of the initial term. Written notice af the Village's intent to renew shall be
provided to JHC at least ninety (90} days prior to the end of the initial five (S) year term.
7. Force Majeure: In the event that performance of this Agreement by ei�hex party to
this Agreement is prevented or interrupted beyond the cantrol af either party, including, but not
limited to, aet of God or the public enemy, war, terrorist act, national emergency, allocation or of
other governmental restrictions upon the use or availability of labor or materials, rationing (water
restrictians), civil insurrection, riat, radical or civii rights disorder or demonstration, strike embargo,
flood, tidal wave, fire, explosion, bamb detonation, nuclear fallout, windstozm, hurricane, earthquake,
or other casualty, disaster or catastrophe, failure or breakdown of well equipment, pumping
transmission or other facilities, governmental rules or acts, orders, restrictions or regulations of
requirements, acts or action of any government, public, governmental authority, eommission, board,
agency, agent or officiai officer, the enactment of any statute, ordinance, resolution, regulation, rule,
ruling, order, decree, judgment, restraining order or injunction of any court, said party shall not be
liable for such non-performance.
8. Restrictions on Service; Villa�e Ri ht to Curtai! ar Terminate Secvice: The
Village shall have the right to limit, restrict, curtail or discontinue service hereunder where demands,
including anticipated demands, on the Village system require raw water ta be treated for patable
water uses and needs, whether such demands result from existin� or potential customer demands,
system failures and disruptions, resource fa�lures, impairments and disruptions, well failures,
impairments and disruptions, regulatmry cons�traints, restrictian� or allocations. To the extent of a
3
g:lattylagreemntlnterlocifpua-Ex4 2-9
system or resource failure from the raw water source which is connected to the point of delivery, the
Village will not be required ta construct additional raw water wells, transmission, or metering
facilities to replace such service and the agreement will immediately terminate at the discretion of the
Village. This provision does not preclude th� parties from entering into a participation agreement to
construct additional raw water facilities whieh would result in an amendment to this agreement. In
the event of an emergency, as deternvned by the Village in its sole discretion, the Village shall have
the right to immediately use its raw water supply for highest priority uses as deternvned bythe Village
which may result in adjustment or linutation in the service to JHC. In non-emergency situations, the
Village shall provide 30 days written notice of any adjustments in service.
To the e�ent the South Florida Water Management District imposes mandatory water use
restrictions pursuant to Chapter 40E-21, Florida Administrative Code or other regulatory
requirements, upon the Village ta reduce ground or raw water withdrawals, the Village shall have the
right to reduce or eliminate the daily allocation identified in Section 3 by an amount to satisfactorily
meet such restrictions. The Village will notify JHC of the impasition of the mandatory water use
restrictions and the change in capacity schedule necessary to meet such restrictions 30 days prior to
the imposition, unless more rapid adjustment is required by regulatory agencies or circumstances.
9. Venae. Laws of Florida: This Agreement shall be governed by the laws of the State
of Florida and it shall become effective irnmedia.tely upon execution by bath parties hereto, subject to
any approvals which must be obtained from governmental authority, if applicable, and subject to all
conditions precedent for the rendering of service as set forth in this Agreement. Venue for any
litigation arising out of this Agreement shall be in Palm Beach County, Florida.
10. Notice: Any and all written notices required or permitted to be given hereunder shall
be deemed received upon hand delivery or facsimile transmission, or three (3) days if same are
deposited in the U.S. mail, and sent via certified mail, return receipt requested.
All notices to the Village shall be sent to:
VILLAGE: Village Manager
Village of Tequesta
357 Tequesta Drive
Tequesta, Florida 33469
(561) 575-6200
(561)575-6203
All notices to JHC sha11 be sent to:
JHC: Jupiter Hills Club, Inc.,
c/o President
11800 S.E. Hill Club Terrace
Tequesta, Florida 33469
4
g:lattylagreamntinterbc\fpua-Ex4 2-8
11. Attornev's Fees �nd Costs. In the event of any litigation or administrative
proceedings to settle issues arising hereunder, the prevailing party shall be entitled to recover against
the other party, its costs and expenses, including reasonable attarney's fees, which shall in.clude, but
not be limited to, any fees and costs for any appeal that may be taken.
MISCELLANEOUS PROVISIONS
12. Whencver the singular number is used in this Agreement and when required by the
cante�, the same shall include the plural, and the masculine, feminine and neuter genders shall each
include the others.
13. E�iibits mentioned in this Agreement are hereby incorporated herein by reference arxi
made a paxt hereof as fully set forth herein. 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 the Agreement.
14. This Agreement may be exeeuted in several counterparts, each of which sha11 be
deemed an original and such counterparts sha11 constitute one and the same instrument.
15. No agreement shall be effective to add to, change, modify, waive or discharge this
Agreement, in whole or in part, unless such agreement is in writing and signed by the parties hereto.
In the event that any non material provision of this Agreement is deterznined to be of no force and
effect by a court of law, such provision shall be severed from this Agreement and the remaining
Agreement shall continue in full force and effect.
16. Whenever approvals of any nature are required by either party to this Agreement, it
is agreed that same shall not he unreasonably withheld or delayed.
1'7. The parties acknowledge that each has shared eqexally in the drafting of this
Agreement and, accordingly, no court construing this Agreement shall construe it more strictly
against one part� than the other and every covenant, term, and provision of this Agreement shall be
construed simply according to its fair meaning.
18. This Agresment represents the entire understanding between the parties, and
supercedes all other negotiations, representations, or agreements, either written or oral, relating to
matters which are the subject of this Agreement.
19. In the event that any section, paragraph, sentence, clause, or provision hereofis held
invalid by a court of competent jurisdiction, such holding sha.11 not affect the rema.ining portions af
this Agreement, and the same shall rernain in full force and effect, unless the invalid finding is a� to
payment, in which event the Agreement shall be thereupon terminated.
5
g:\atty\agreemnti�terlocifpua-Ex4 2-9
IN WITNESS WHERE4F, the parties hereto have made and executed this Agreement onthe
respective dates under each signature:
JUPITEIt HTLLS GLUB, INC.,
BY:
Date: - - - --- -- -- --------- - -
Ames Shuel, its President
THE VILLAGE OF TEQUESTA, FLORIDA
BY:
Date: - - --- -- - -- - - - -
Pat Watkins, its Mayor
AUTHENTICATE:
Clerk of the Vitlage of Tequesta, Florida
F:113153-3Vup�tcr Hills CC Bulk Water AgreementUupiter Hitls CC BulkWaterServiceAgreetneat D 1 c1n.DOC
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g:iatrytagreemntintesbclfpua-Ex4 2-9
�a�
FiC���� Nfaoler Center Towcr. Suift 1100 Muilin�,� Arfc/ress
r����+�'+�N' S05 S�u�h Flu�ler Drive Rnt Oft�icc Bax 3475
o , �� 1 A West Palm Beach, Florida 33d01 wcst Paitn Beach f'Ic�rida .�.1du3
O� 17 � ..Cl. 'I'eleph�ne (561) 659-3QQQ :
attorneys a�d CouuseGol�s ,
Scatt G. Hawkins� �squlr�
Direct Dlal: 561-6SQ-0460
Direct Fax: 561-650-0436
�-Mail: shawkinsQjones-faster.com
July 20, 2004
via �ACSInnIL�
Mr. Michael R. Couuo
Village Manager
Village of Tequesta
Post OfEice gox 3273
Tequesta, Florida 33469�0273
Dear Mike:
This letter is in follvw up to aur telephone conver�atian of this morning regarding the
proposed agreement befin►een the Village of Tequesta and the Jupiter Hi()s Country Club
for the prQVision of raw water for irrigation purposes over a five year term.
!n this regard, ai�ched is a copy of proposed Exhibit A which I recei�ed from Tom
Jensen yesterday. This Exhibit graphically depicts the palnt af delivery which is
referenced in Paragraph 3 of the Agreement.
lt is my undetstandin� that you are forwarding the Agreement to Jupiter Hills Gountry
Club relatir►e to the spoci�l meetlt�g tomorrow evenittg.
Please iet me know if there are any last'' minute issues that I need to address in
connection with the meeting tomorrow night.
Very truly youts,
JONES, FOST�R, JOHNSTON & STUBBS, P.A.
�
,
By --�
- cott C. Hawkins
�nclosure
N:1SGH17 3153-311eltetslcol�o-003-agh-0T-20-04.DOC
www. rones-fos ter. com
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�o��s
�os�� - �
JaHNS'TaN
� sxuB�s, P.A.
Attprneys and Cot�nsetor�
�aX COV�r Sh���
I�L�r4S� DELIVER AS SOON AS POSSIgLE T0:
FZecipieht Company Fax Na Phone Na
'l. RIlike Couao Village af Tequesta 575�6203
F'rdm Scott G, Hawicins b�� July 20, 2004
phone: 561-650-046fl ��nt 13153.3
Subject:
�"atal number of pages including cover: .
If you do not receive a!t pages ple�se ca11561�650•0460
From the desk of:
Scvtt G. Hawkins, �squire
Jones, Fostar, Johnston & Stubbs, PA.
505 South Flagler Drive, Sui�e 1100
West Palm Beach, �L 33401
Direct Dial: 561-650-0460
Direct Fax: 561-650-0436
TH@ INFORMATION CONTAINEQ IN THIS �AGSIMII.� MESSAGE IS ATTORNEY PRIVILEGED ANb CONFIDENTWL INFORMATION iNT�N0E0
ONLY FOR THE USE OF THE INbIVroU,oL oa eNTlrr NAMED ABOVE. IF THE REAb�ft O� THl6 MESSAGE IS N07 TNE INTENDED
RECIPIENT, YOU Ak2E NEREgY N071�IEx71'WAT ANY DISSEMINAT�ON, DISTRlBUYION OR CpPY OF 7111S COMMUNICATION tS S7RICTLY
PRONIBrTED. IF YbU NAVE lt�CHIVEO THIS COMMUNICqTION IN ERROR, PLEAS� IMM�b1AT�LY NOTIFY U3 BY T�LEF+HONE (IF LONp
DISTANCE PLEASE CALL COLLEC'n ANI7 RE7UKW 7N� ORIGINAL M�SSAGE 'f0 US AT 7N� ABOVE ADpRESS VIA 7H� U.S. POSTAL
&�RVic� we wILL c�IMeURSE vOU FOR POSTAGE. THANK YOU
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�� ARCA,D�� REES�, MACQN & ASSOCIATES
Reese, Macon and Associates,
Infrastru�ture, buifdit�gs, env+ronmen� communic�tions �nc.
6415 Lake Worlh Road -
�'ratlSmittal Letter 5uite 307
Lak� Wprth
T Coples: �lorida 33463-2907
Scott Hawkins Michael Couzzo w/enc Tel 561 43H 3226
Jones Foster Rob Or1 w/enc Fax 561433 8011
Frpm: date:
Thamas C. 3ensen July 16, 2004
Subject: AFcCADiS Projett No.:
Vil{age of Tequesta IiF003106.0001
Jupiter Hills ._..
We are send'mg you: .
� Aneched ❑ UNder Separate CoverVia the �olbwing Items:
❑ 5hop Drawings ❑ Plans ❑ Spe�iflwtions ❑ Change OrdOr
❑ Prints ❑ 5amples ❑ Copy of Letter � fteports
O Other:
�o � ba�� Drawln No. Rev. bestN ion A�pn'"
� _ . - Exhibit A
Action" : �
❑ A Approved ❑ fili Revise and ltesubmit [] ReSUbmlt _. Cop+es
❑ AN App�ovGd qs Noted ❑ F Ftle ❑ Return Coples
d AS As Requesfied ❑ FA for Approva{ � fteview and Comment
❑ Other:
Mailing Method
❑ U.S. Postal Servlte 1° Gass d CourlerlHand dellvery ❑ FedEx Priarity Overnight ❑ Fed�x 2-day Delivery
❑ Certified/Reg)stered Mail ❑ United Postal Service (UPS) � FedEz Standard OVernlght ❑ FedEx Economy
❑ Other:
Comment5•
Page�
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