HomeMy WebLinkAboutDocumentation_Regular_Tab 08A_11/14/2002 �
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�4�y���� MORANDUM
TO: Village Council
FROM: Michael R. Couao, Jr., Villoge Manager °
DATE: November 8, 2002 �
SUBJECT: Village of Tequesta Water Franchise with Town of Jupiter �
As you are aware, I have been in negotiations with
representatives from the Town of Jupiter regarding a number of
significant water utility issues during the past year. Recently,
both administrative teams successfully concluded these
negotiations. Attached for your review and consideration is ,�n
Interlocal Agreement with exhibits detailing the terms and
conditions set forth. The Mayor and Council for the Town of
Jupiter considered the matter at their regular meeting �on
November 5, 2002, and unanimously adopted the Interlocal
Agreement.
Considerable effort and thought went into the development of
this agreement. Negotiations were complex and difficult, but
Town Manager Robert Bartalotta and I were determined to
come to terms without going through extensive and costly
litigation. I believe this agreement benefits both communities,
and sets the stage for a new era of working together to provide
. for the need of our residents. Additionally, this agreem�nt
incorporates specific language identifying and preserving the
geographic water utility service area for the Village of Tequesta.
Please feel free to contact me should you have any questions or
wish to review this matter further.
E/KimMllage Council/Water Franchise agmt2
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FOSTER Flagler Center Tower, Suite 1100 Mailing Address �
JOHNSTON 505 South Flagler Drive Post Office Box 3475
C� S 1 V Blh7� P.ri. West Palm Beach, Florida 33401 West Palm Beach, Florida 33402-3475
Telephone (561) 659-30Q0
Attarneys and Gounselors
John C. Randolph, Esquire ��
Direct Diai: 561-650-0458 ;
Direct Fax: 561-650-0465 '�
E-Mail: jrandolph@jones-foster.com
October 29, 2002 VIA FAX: 625-0610 �
Thomas J. Baird, Esquire
11891 U.S. Highway One, Suite 105
North Palm Beach, Florida 33408-2864 �
Re: Village of Tequesta
Water Franchise with Town of Jupiter
Our File No. 13153.1 '
Dear Tom:
Pursuant to your request, I am faxing to you drafts of the Agreements which the
respective staffs and consultants of Jupiter and Tequesta have been discussing relating
to the winding down of the franchise agreement. ,
I trust that you will find that these agreements incorporate the substantive matt�rs
discussed between the staff and consultants of each of the parties. Having said that,
the agreements are only drafts and are subject to modification, particularly as they
relate to the less substantive matters. Note that Exhibit "D" is not atta�hed in its
complete form as it is an oversized exhibit that will be delivered,under separate cover..
It is my understanding that these draft agreements will be considered by the Jupi�er
Council at its meeting of November 5, 2002, and #hat they will be considered by #he
Tequesta Council at its meeting of November 14, 2002. In the interim, if there are still
matters which we need to discuss at the staff level, please do not hesitate to contact
me.
Finally, I would appreciate your forwarding to me a copy of the Resolution of the Town
prepared for the Council's consideration at its No�ember 5, 2002, meeting. '
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Thomas J. Baird, Esquire . ��
October 29, 2002 �
Page 2 ��
Thank you.
Sincerely, I
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
John C. �a dol h
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JCR/ssm
Enclosures
cc: Michael R. Couzzo, Jr., Viliage Manager
William D. Reese
Robert D. Ori
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INTERLOCAL AGREEMENT BETWEEN
THE TOWN OF JUPITER
AND
THE VILLAGE OF TEQUESTA
This Interlocal Agreement shall be effective as of the day of
, 2002, and is being entered into by and between the TOWN OF
JUPITER, 210 Military Trail, Jupiter, Florida 33458, a Florida municipal corporation,
hereinafter referred to as the "Town", and the VILLAGE OF TEQUESTA, 357 Tequesta
Drive, Tequesta, Florida 33469, a Florida municipal corporation, hereinafter referred to
as the "Village."
WITNESSETH: ,
WHEREAS, #he Town of Jupiter's water utility serves customers in the Town of
Jupiter, as well as unmcorporated areas of Martin and Palm Beach Counties, Florida;
and
WHEREAS, the Village of Tequesta also owns and operates a water utility; and
WHEREAS, through the adoption of Ordinance No. 11-73, the Town of Jupiter
granted the �Ilage of Tequesta a 30 year water service franchise which permits the
Village of Tequesta to serve customers north of the Loxahatchee River within the Town
of Jupiter's municipal boundaries; and
WHEREAS, the water service franchise granted to the �Ilage of Tequesta by the
Town of Jupiter will expire on July 17, 2003; and
WHEREAS, the Town of Jupiter and the Village of Tequesta mutually desire to
memorialize the respective duties and obligations of the parties, both preceding and
upon the termination of the VilQage of Tequesta's franchise; and �
WHEREAS, the parties agree that upon the termination of the Village of
Tequesta's water service franchise, the Town of Jupiter should immediately initiate
service to the area lying north of the Loxahatchee River while compensating the �Il�ge
of Tequesta for its assets used under the franchise; 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
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WHEREAS, Part 1 of Chapter 163, Florida Statutes, permits public agencies as
defined therein to enter into Interlocal agreements with each other to jointly exercise �ny
power, privilege, or authority which such agencies share in common and which each
might exercise separately.
NOW, THEREFORE, the Town of Jupiter and the Village ofi Tequesta, for and in
consideration of the mutual benefits and promises as set forth herein, do hereby enter
into this 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. PURPOS�. The purpose of this Interlocal Agreement is to identify
the parties' respective duties and obligations regarding the termination of the Village's
water service franchise to Northern Jupiter.
SECTION 3. DUTIES AND OBLIGATIONS OF THE PARTIES.
A. Both the Town of Jupiter ("Town") and the Village of Tequesta ("Village")
agree that on July 17, 2003, that the Village's water service franchise within Town's
municipal boundaries north of the Loxahatchee River shall be terminated and the Town
shall immediatefy assume the right and obligation to senre the customers previously
subject to the franchise directly in the same fashion as all other Town residents.
B. From the date of execution of this Interlocal Agreement to the termination
of the franchise, the parties hereby agree to cooperate with each other during �he
construction of physical facilities necessary to relocate and modify the bulk sale master
meter serving fhe Village and ta sever the franchise area piping from the Village's water
distribution system and connect it to that of the Town. The Town will be solely
responsible for the full cost of separating the franchise service area from the Village's
system, including the reimbursement of any costs or fees incurred by the Village
associated with the separation of the franchise service area. The design and
construction of the separation piping and valving system shall �be subject to approval of
the �Ilage. Any damage to facilities owned by the Village incurred as a result of the
Town separating the franchise service area from the Village's system shall be repaired
by the Town at its expense or, at the option of the Village, repaired by the �Ilage w�th
the cost of repair to be reimbursed to the Village by the Town. The design and
construction of said piping and valving system shall incorporate facilities which ensure
that the Village's ability to operate and maintain the system will be consistent with the
system as it existed prior to separation and good engineering practice. In general, the
Village's system, subsequent to the separation of the franchise area, shall retain an
ability to be flushed, contain no deadends and retain at least its current fire flow
capacity. In addition, all piping and valving installed pursuant to separation of the
� systems which will ultimately be retained by the Village shall be designed and
constructed according to the applicable u#ility standards currently in use by the Village.
The Town will coordinate the separation with the Village and endeavor to complete the
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separation of the franchise service area by the expiration date of the franchise �
agreement. If the necessary facilities are installed prior to the expiration date, #he !
�Ilage will still be the sole provider of service to the franchise area until the term of the �
franchise agreement ends. If the separation is not completed by the expiration date of
the franchise agreement, the franchise will automatically continue until the separation is
completed and accepted by the Village.
C. The purchase of the water assets located within the franchise service area
and the water transmission main and utility crossing wi{I be on an "as is, where � is
condition" and will become the property of the Town on the expiration date of the .
franchise agreement. Upon termination of the franchise the Village will have no liability
with regard to such facilities, nor will the �Ilage be responsible for any repairs,
maintenance or the performance of capital improvements to such assets.
D. The Village will transfer all customer deposits within thirty (30) days after
closing and transfer of the system or upon final payment of all outstanding bills,
whichever is later. The �llage and the Town wiH cooperate to perform a simultaneous
meter reading on the transfer date. The �Ilage will be required to perForm a final billing
(meter read at transfer date) and all revenues will accrue to the benefit of the Village.
The deposit for any unpaid bills will be used by the Vi(fage to provide payment prior to
remitting the customer deposits to the Town. Additionally, the Village wil( provide to the
Town, no later than ninety (90) days prior to closing, an electronic data base of. all
customers served by the Village in the franchise service area.
E. The Town, will establish a new delivery point to meter wholesale water to
the �Ilage that will exclude water used by the franchise service area. The cost of the
change in meter location will be bome solely by the Town. The change in the meter
location will occur prior to the closing date and will serve as the delivery point as of the
closing date. The Village wiN provide permanent and temporary easements on their �
property as shown on Exhibit A and will assist the Town in securing any additional
easements necessary to facilitate the meter relocation.
The Town will install at no cost to the Village an �emergency interconnect
The emergency interconnect will serve as the delivery point for the delivery of potable
water during the remaining term of the wholesale water agreement and be used
subsequently on an emergency basis. Rates for emergency use subsequent to the
termination of the wholesale water agreement shall be established at that time. The
Town will own, operate and maintain the meter, including annual calibration. The meter
assembly shall be capable of receiving flow in either direction.
F. Prior to the termination of the franchise on July 17, 2003, the Town shall
pay the �Ilage $700,000.00 which the Village hereby acknowledges and confirms to be
the fufl compensation to which it is entitled for the transference of ownership of the
following:
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(1) All properly within the municipal boundaries of the Town used and/or
usable by the �Ilage under the franchise grant in serving Town
customers; and
(2) All water piping extensions located within the municipal boundaries of the I �
Town which were constructed at the �Ilage's expense to interconnect the �
�Ilage's water distribution system and facilitate the bulk water sale from �
Town to Village. Reference is specifically made to Section 2 of the Bulk
Sale Water Service Agreement, dated July '15, 1976, together with Exhibit
"1" appended thereto which further describes the facilities included.
Pursuant to Florida Statute Section 180.31, prior to July 17, 2003, each
municipality shall notice and hold a public hearing on the purchase/sale ofi the water
system facilities to #ransfer ownership and make a determination that the purchase/sale
is in the public interest. After ➢�olding said hearing each mun'tcipality shall transmit to the
other a certification and public interest statement verifying compliance with the statute.
Furthermore, prior to July 17, 2003, and in consideration for the compensation of
$700,000.00 referenced above, the parties shall execute a Bill of Sale, the form of which
is attached hereto as Exhibit "B", formally conveying ownership of the water system
facilities and property.
Town shall pay Village, upon execution of this agreement, a deposit of
$200,000.00 which amount shall be held in escrow by Village to cover any costs or fees
for which Town is responsible pursuant to the terms of this agreement. �Ilage may
deduc# from said deposit all costs and fees for which Town is responsible pursuan� to
the terms of this agreement, over and above the $700,0OO.OQ consideration recited
herein, as well as any increase in fees incurred resulting from the amendment to the
Bulk Sale Water Agreement in the event said amendment is declared null and void
pursuant to its terms.
G. Prior #o July 17, 2003, the Village shall submit to the Town all easem�;nt
documents, maintenance records, as-built or record drawings and other related
documentation pertaining to the water system facilities and property for which
ownership is being conveyed to the Town and execute an Assignment of Easements as
provided within Exhibit "C" to this agreement.
H. In consideration for this agreement, the Town will not contest any actior� of
the Village to expand its water treatment capacity above current levels or the permitting
of additional water wifhdrawals from the South Florida Water Management District. to
support a plant expansion for the �Ilage to serve within its service area as defined on
Exhibit "D" attached. The provisions of this paragraph, as well as the provisions of
Section 5, shall survive the termination of this agreement and shall be enforceable
through specific performance, declaratory or other equitable relief. �
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I. The Town will not cons#ruct water distribution or transmission piping
systems within or through the �Ilage's service area or attempt to provide, ar provide,
water senrice to any customers within, or beyond, said area as identified on the
attached Exhibit "D". The provisions of this paragraph, as well as the provisions of
Section 5, shall survive the termination of this agreement and shall be enforceable
through specific performance, declaratory or other equitable relief. ,
J. This agreement is subject to the execution by the parties of the Interlocal ��
Agreement amending the Bulk Sale Water Service Agreement attached hereto.
SECTION 4. NOTICES. 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 sam� are deposited in U.S. mail and sent via certified
mail, return receipt requested.
All notices to the Town shall be sent to:
TOWN OF JUPITER, FLORIDA
210 North Military Trail
Jupiter, Florida 33458
Attention: Town Manager
Telephone: (651) 741-2213
Facsimi(e: (561) 575-9730
All notices to the Village shall be sent to:
VILLAGE OF TEQUESTA, FLORIDA
357 Tequesta Drive
Tequesta, Florida 33469
Attention: Village Manager .
Te(ephone: (561) 575-6200 �
Facsimile: (561) 575-6203 �
SECTION 5. ATTORNEY'S FEES AND COSTS. In theevent 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 attomey's fees, which shall include, but not be limited to, any fees and costs
for any appeal that may be taken.
SECTION 6. SEVERAB(LITY. 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 this Agreement and the same
shall remain full force and effect unless the invalid finding is as to payment or
construction obligations of a party, in which event the agreement shall be thereupon
terminated.
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SECTION 7. ENTIRE UNDERSTANDING This Agreement represents the
entire understanding between the parties and supersedes ail other negotiations,
representations or agreements, either written or oral, relating to the matters which are '
the subject of this Agreement. I
SECTION 8. 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 9. 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 90. 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 accordin� to
its fair meaning.
SECTION 11. CLERK OF COURT. A copy of this Agreement shall be filed with
the Clerk of the Court in and for Palm Beach County, Florida.
SECTION 't2. EFFECTIVE DATE. This Agreement shall be effective as of the
last date that it is signed by the parties hereto.
EXECUTED by the Town this day of 2Q02.
,
TOWN OF JUPITER
ATTEST: By �
Karen J. Golonka, Mayor
Town Clerk �
Approved as to tegal fiorm and sufficiency:
By
Thomas J. Baird
Attorney, Town of Jupiter
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EXECUTED by the Village this day of . 2002.
VILLAGE OF TEQUESTA
ATTEST: gy
Geraldine Genco, Mayor
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�Ilage Clerk �,
Approved as to legal form and sufficiency:
By �
John C. Randolph
Attorney, Village of Tequesta
N:WCR\13153-01WuipiterTequesta InterlocalAgreementDOC
10/29/2002
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EXHIBIT "B"
BILL OF SALE TO THE
WATER TRANSMISS(ON AND DISTRIBUTION SYSTEM
FACILIT(ES BY THE VILLAGE OF TEQUESTA, FLORIDA
TO THE TOWN OF JUPITER, FLORIDA
KNOWN BY ALL MEN THESE PRESENTS that the VILLAGE OF TEQUESTA,
FLORIDA, hereinafter "Seller", for the sum of Seven Hundred Thousand Dollars
($700,000.00) and other good and valuable consideration paid by the TOWN OF
JUPITER, FLORIDA, hereinafter "Buyer", the receipt of which is hereby acknowiedged, �
has granted, bargained, sold, transferred, set over and delivered and by these presents
does grant, bargain, seli, transfer, set over and deliver, unto the Buyer, its successors or
assigns, the Seller water transmission distribution system facilities, more fully described
in tha# certain interloca! Agreement between the parties hereto dated
2002 ta the full and complete extent of Seller`s ownership thereof, including all
easements, licenses, rights-of-way and consents owned by the Seller for the
construction, operation and maintenance of the said potable water distribution system,
including all transmission mains, distribution pipes or related facilities, valves, meter,
meter boxes, service connections and all other physical facilities and property,
installations in use in connection with the cen#ral potable water distribution system '�
owned by the Seller wi#hin the territory described in the said Interlocal Agreement,
including all certificates, immunities, privileges, permits, licenses, easements, consents,
leaseholds, rights-of-way, and all rights to construct, maintain and operate the said
potable water distribution system, including all past and current customer records,
books, prints, plans, "planning documents" as defined in the lnterlocal Agreement,
engineering reports, surveys, specifications, shop drawings, equipment manuals,
maintenance records and other information owned or possessed by the Seller and its
agents (but not its attorneys) as reasonably required by the Buyer for the operation of
the said potable water distribution system, including any record drawings or as-built
drawings where available, including any original tracings, sepias, or other reproducible
material showing all facilities of the said potable water distribution system whatsoever.
Seller is not transferring, however, any claims that it may have for monies due and
owing to the Seller, rising out of the operation and ownership of the system, for services
or claims arising prior to the date hereof.
Seller, its successors and assigns, hereby covenants that it is the lawful owner of
the above-referenced property and that it has good right to, and hereby does, sell the
same to the Buyer and #hat it will warrant and defend same against the lawful claims
and demands of all persons whomsoever.
The Buyer, for itself and its successors and assigns, hereby accepts title to, and
ownership of, all portions of the water distribution system described herein, as well as
the rights and obligations described herein above.
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IN WITNESS WHEREOF, the parties have caused their names to be hereunto
subscribed this day of , 2002.
VILLAGE OF TEQUESTA, FLORIDA TOWN OF JUPITER, FLORIDA
By: g
Geraldine Genco, Mayor Karen J. Golonka, Mayor
ATTEST: ATTEST:
Mary Wolcott, Cierk Sally Boylan, Clerk I
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[SEAL] [SEAL] �
N:1JCR113153-01Wupiter Tequesta Bill of Sale.doc
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EXHIBIT "C"
ASSIGNMENT OF EASEMENTS
KNOW ALL MEN BY THESE PRESENTS, that the VILLAGE OF TEQUESTA,
FLORIDA, a Florida rnunicipal corporation, hereinafter referred to as the "Assignor", for
an in consideration of the sum of Ten Dollars ($10.00) and other good valuab1e
considerations paid by the TOWN OF JUPITER, FLORIDA, a Florida municipa(
corporation, hereinafter referred to as "Assignee", has granted, bargained, sold,
transferred, assigned and delivered, and by these presents does grant, bargain, sell,
transfer, assign and deliver unto the Assignee, its successor, and assigns, all of
Assignor's right, title, and interest in and to all easements, recorded and unrecorded,
rights of access, ingress and egress, permits, licenses, and rights-of-way owned or !
used by Assignor, whether in public or private property as more particularly described in
that certain Interlocal Agreement between the parties hereto, dated as the day of
, 2003, covering the sale of Assignor's certain Water Transmission and
Distribution System Facilities as described with the Interlocal Agreement between the �
parties dated , 2002.
TO HAVE AND TO HOLD the same unto the Assignee, its successors and
assigns forever.
1N WITNESS WHEREOF, the parties have hereunto set their hands and seals
this day of , 2003.
ATTEST: VILLAGE OF TEQUESTA, FLORIDA:
Mary Wolcott, Clerk Geraldine Genco, Mayor
N:WCR113153-01Uupiter Tequesta Assignment of Easements.doc
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SECOND AMENDMENT TO
BULK SALE WATER AGREEMENT
This Agreement shall be effective as of the day of , 2002,
and is being entered into by and between the TOWN (�F JUPITER, 210 Military Trail,
Jupiter, Florida 33458, a Florida municipal corporation, hereinafter referred to as the
"Town", and the VILLAGE OF TEQUESTA, 357 Tequesta Drive, Tequesta, Florida
33469, a Florida municipal corporation, hereinafter referred to as the "Vllage."
WITNESSETH:
WHEREAS, the Vllage of Tequesta entered into a Bulk Sale Water Service
Agreement with the Tri-Southern Utilities Company, Inc. on July 15, 1976; and
WHEREAS, the Town of Jupiter acquired the water utility from Tri-Southern
Utilities Company, Inc.; and
WHEREAS, on June 29, 1978, Tri-Southern Utilities Company, Inc. assigned its
duties and responsibilities under the Bulk Sale Water Service Agreement with the
Village of Tequesta to the Town of Jupiter; and
WHEREAS, on August 10, 1993, the Town and the Village entered into an
agreement to amend the Bulk Sale Water Service Agreement; and
WHEREAS, it is . the intent of the parties to further amend the Bulk Sale Water
Service Agreement in the manner and form set forth herein subject, however, to the
satisfactory completion of the terms of the Interlocal Agreement between the parti�es
attached hereto.
NOW, THEREFORE, the Town of Jupiter and the Vilfage of Tequesta, for and in
consideration of the mutual benefits and promises as set forth herein, do hereby enter
into this Agreement and represent, covenant and agree with each other as foltows:
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 duties and obligations regarding the Bulk Sale Water Senrice
Agreement between the parties.
SECTION 3. AMENDMENTS.
Both parties agree to amend the Bulk Sale Water Service Agreement, dated July
15, 1976, as amended, in the following manner and form.
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1. Paragraph 5, Rates, is hereby deleted in its entirety, and shall now read
as follows:
"RATES. Du�ing the remainder of the Bulk Sale Water Service
Agreement term, the rate payable by the �Ilage shall be as set forth
below:
Period of Service Rate Per 1000 Gallons
December 1, 2002 — June 30, 2003 $1.32
July 1, 2003 — June 30, 2004 $1.35 �
July 1, 2004 — June 30, 2005 $1.37
July 1, 2005 - June 30, 2006 $1.40
July 1, 2006 — July 15, 2007 $1.43
Furthermore, both parties agree that the aforementioned rates shall
remain effective through July 15, 2007. The Town shall have no right to
alter, amend or revise the rates above established during the terms stated.
The above referenced rates are all inclusive and there shall be no other
rates imposed to the Vil9age for the transmission or sale of bulk water."
2. Paragraph 5, Guaranteed Revenues and Minimums shall be amended in
the manner and form following:
"GUARANTEED REVENUE AND MINIMUMS. The parties
recognize and acknowiedge that the commitment on the part of the
Town's Utility, to provide bulk water service to the Viliage, and the general
requirement ultimatefy upon Town's Utility to expand and/or replace
treatment plant facilities allocated for the purpose of providing service to
�Ilage herein, together with the Town's Utility's re,quirement to support
costs and indebtedness allocable to the service referred to in this
Agreement, requires that the Town's Utility impose upon the purchasers of
bulk sale service, an obligation or take/or pay for, minimum quantities of
potable water service, whether or not such services are actually drawn or
used by said bulk sale purchaser. Accordingly, in order to induce the
Town's Utility to enter into this Agreement, �Ilage agrees and guarantees
to commence payment for the quantities of potable water service as
hereinafter set forth.
Commencing on December 1, 2002, the Village shall be obligated
to receive and/or pay for a minimum of 492,750,000 gallons of water
(1.350 million gallons per day times 365 days) during the next year and
each year thereafter during the life of this agreement.
In the event, however, that the Village receives in any one year an
amount of water annually which results in an annual average of 1.57 MGD
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then, in the year following such year of usage and each year thereafter,
the �Ilage shall be obligated to receive and/or pay a minimum supply of
water equal to 1.57 MGD or 573,050,000 gallons ot water yearly. The
minimum obligation of the �flage shatl remain 1.350 MGD average or
492,750,000 gallons of water annualty unless and until such time as the
Village's actual annual usage is 1.57 MGD or 573,050,000 gallons per
year. The parties recognize the purpose of expressing minimum
quantiti�s on an annual basis is to permit Viilage to average its annual
requirements during periods of lower daily demand (wet season) and high
daily demand (dry season).
The parties hereto will, by separate agreement, provide for the use
by either system of emergency quantities of water in the event of
equipment or mechanical failures in plants or systems making the supply
of potable water inadequate, at minimum levels, to provide for the heath,
safety and welfare of either sys#em's consumers. Such emergencies, and
the quantities of water furnished by the Town to the Village du�ing the �
limited period of such emergency, shall not be counted in the Village's �'
annual average consumption figures notwithstanding that the water
furnished during the emergency was billed by the Town to the �Ilage. ;
Each month during the term ofi this Agreement, the Town's Utility
shall bill Village for a monthly quantity equal to one-twelfth of the annual
minimum plus any additional water used over the minimum. Village shall
be required to pay for such monthly quantifiy when billed. In the event that
Village has actually received a quantity of water which is less than the
aforesaid stated monthly minimum then, and in that event, Village shall be
entitled to carry over any unused but paid for quantity of water into a
subsequent month within the same service year where usage by the
Village exceeds the said monthly minimum quantity. Conversely, the
Village's excess usage above the minimum in any month of #he same
service year, resulting in a monthly payment in excess of the minimum,
may be carried forward to offset minimum charges for water in a
subsequent month during the same service year in which Village has used
less than the minimum quantity of water. It is the purpose of this formula
to adjust monthly usages within the same service year so as to allow
Village to pay only for water actually received, provided that, on said
annual basis, Village will have paid for not less than those costs equating
to the total annual minimum quantities set forth herein.
The requirement upon Village to pay such guaranteed revenues
shall continue unlimited and unabated during the terms of this Agreement,
except as hereinafter set forth."
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SECTION 4. AMENDMENTS CONDITIONED UPON TERMS OF I
NTERLOCAL
AGREEMENT ATTACHED HERETO.
The above referenced amendments are conditioned upon the satisfactory
completion by the parties of the terms of the Interlocal Agreement between the Town of
Jupiter and the �Ilage of Tequesta dated , 2002, a copy of
which is attached hereto. In the event the conditions of said agreement are not met,
then and in that event, the amendments incorporated herein shall become null and void
and the Bulk Sale Water Service Agreement between the parties prior to the
amendments referenced herein shall remain in full fiorce and effect.
SECTION 5. NOTICES. 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 U.S. mail and sent via certified
mail, retum receipt requested.
All notices to the Town shall be sent to:
TOWN OF JUPITER, FLORIDA
210 North Military Trail
Jupiter, Florida 33458
Attention: Town Manager
Telephone: (651) 741-2213
Facsimile: (561) 575-9730 �
I
All natices to the Village shall be sent to: �
VILLAGE OF TEQUESTA, FLORIDA
357 Tequesta Drive
Tequesta, Florida 33469 .
Attention: �Ilage Manager
Telephone: (�61) 575-6200 �
Facsimile: (561) 575-6203 -
SECTION 6. ATTORNEY'S FEES AND 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 attomey's fees, which shall include, but not be limited to, any fees and costs
for any appeal that may be taken.
SECTION 7. 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 this Agreement and the same
shall remain full force and effect unless the invalid finding is as to payment or
construction obligations of a party, in which event the agreement shall be thereupon
terminated.
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SECTION 8. 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 9. HEADINGS. The headings contained in this Agreement are for
convenience of reference only and shal! not limit or otherwise affect in any way the i
meaning or interpretation of this Agreement.
�
SECTION 10. COUNTERPARTS. This Agreement may be executed in on� or
more counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
SECTION 11. 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 12. CLERK OF COURT. A copy of this Agreement shall be filed with
the Clerk of the Court in and for Palm Beach County, Florida.
SECTION 13. EFFECTIVE DATE. This Agreement shall be effective as of #he
last date that it is signed by the parties hereto.
EXECUTED by the Town this day of , 2002.
TOWN OF JUPITER .
ATTEST: gy �
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 day of . 2002.
VILLAGE OF TEQUESTA
ATTEST: gy
Geraldine Genco, Mayor
�Ilage Clerk �
Approved as to legal form and sufficiency:
By
John C. Randolph
Attorney, Village of Tequesta
N:UCR\13153-01Uuipiter Tequesta Bulk Sa(e WaterAmendmentdoc
10/29/2002
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, RESOLUTION NO. 149-OZ
A RESOLUTION OF THE TOWN OF JUPITER, FLORIDA,
APPROVING AN INTERLOCAL AGREEMENT WITH THE
VILLAGE OF TEQUESTA FOR THE TERMINATION OF
TEQUESTA'S WATER SERVICE FRANCHISE TO
NORTHERN JUPITER AND APPROVING THE SECOND
AMENDMENT UF THE BULK SALE WATER SERVICE ��
r . AGREEMENT BETWEEN THE ENTITIES.
WHEREAS, the Town of Jupiter through the ad.option of Ordinance No. l l-73 granted the
Village of Tequesta 30-year water service franchise witl�in. Jupiter's municipal boundaries north of
the Loxahatchee River; and ,
V�IEREAS, the Town. of Jupiter through the ad.option of Resolutian No. 40-78 acquir�d.
through assignment, the duties and responsibilities of the Utility under a Bulk Sale Water Service
Agreement with the Village of Tequesta; and
WHEREAS, the Town and Village desire to conclude the Village's water service franchise
and concurrently amend the Bu1k Sale Water Service Agreement.
NOW THEREFORE, be it resolved by the Town Council of the Town of Jupiter, Florida:
Section 1. That the Interlocal Agreement between the Town of Jupiter and the Villa�e
of Tequesta for the termination of Tequesta's water service franc}use to Northern Jupiter and for the
Secoud Amendment of the.Bulk Sale Water Service Agreement between the �ntities is hereby
accepted. and approved by the Town of Jupiter. A copy of said Interlocal Agreement is attached
hereto and mazked Exhibit "A" and mad.e a part hereof. ,
Section 2. That the Town Mayor is hereby authorized and execute said In.terlacal
Agreement on behalf of the Town of Jupiter, to which the Town Clerk shall attest and affiac thereto
the Town 5eal. which have been established therein. .
Section 3. This Resolutian shall take effect imm.ediately upon adoption.
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The f
or oin Resolution was offered �
e9 9 by Councilor ponald D. Daniels who moved ' s
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adoption. The motion was seconded by Councilor Kathleen G. Kozinski , and upon bein
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put to a roil call vote, the vote was as follows: ,
� AYE NAY ,
MAYOR KAREN J. GOLONKA X
F
V10E-MAYOR BARBARA P. HENDERS4N X
COUNCILOR DONALD D. D�INiELS X
COUNCILOR KATHLEEN G. KOZINSKI X � �
COUNCILOR J!M KURETSKI ,x
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The 11�ayor thereupon deciared the foregoing Resolution 149 - 02 dufy passed and adopte
this 5�' day of November, 2002. � �
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TOV�/N OF JUPITER, FLURID '
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° ATTEST: BY:
KAREN J. GC)LONKA I
MAYOR
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SALLY M. BOYLAN, CMC �
TOWN CLERK
THOMAS J. BAIRD, ESQ '
(TOWN SEAL) Approved as to form an
legal sufficiency
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