HomeMy WebLinkAboutAgreement_Interlocal_04/10/2014 INTERLOCAL AGREEMENT BETWEEN JUPITER INLET COLONY, FLORIDA
AND
THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT
AND
THE VILLAGE OF TEQUESTA
FOR JOINT PARTICIPATION AND PROJECT FUNDING OF THE
JUPITER INLET COLONY NEIGHBORHOOD REHABILITATION
THIS Interlocal Agreement, (hereinafter "Agreement"), is made as of the ������ � �/y
(date)by and among Jupiter Inlet Colony,a political subdivision of the State of Florida,(hereinafter
"TOWN"), the Loxahatchee River Environmental Control District, a special district independent
governmental entity existing under the laws of Florida,(hereinafter"DISTRICT"),and the Village of
Tequesta, a political subdivision of the State of Florida, (hereinafter "VILLAGE"), each one
constituting a public agency defined in Part I of Chapter 163, Florida Statutes.
WHEREAS, the Loxahatchee River is a Federally designated wild and scenic River protected by
Federal law, State law, and local law.
WHEREAS,the Jupiter Inlet Colony is a municipal corporation existing under the laws ofthe State
of Florida.
WHEREAS,the Loxahatchee River Environmental Control District is a multicounty,independent
special district of the State of Florida created by chapter 71-822, Laws of Florida, with a general
objective of preserving and protecting environmental health and public health throughout the
Loxahatchee River watershed.
WHEREAS, the Village of Tequesta is the provider of potable water to the Town.
WHEREAS, neighborhood sewering is an important component of the comprehensive approach
needed to address river water quality, ground water quality, and the health of the community and
natural resources in the Loxahatchee River Watershed.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations
contained herein, the parties agree as follows:
Section 1. Recitals.
The above recitals are true and correct and are incorporated herein.
Section 2. Project and Work to be Completed bv the DISTRICT:
DISTRICT shall provide design,permitting, construction and administrative services to the Jupiter
Inlet Colony Neighborhood Rehabilitation Project("PROJECT"),which will include(a)construction
of a gravity sewer system including one on-site lift station, (b) replacement of the existing potable
water system,(c)rehabilitation of and improvements to the existing stormwater system,and(d)road
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
restoration. The PROJECT will be more specifically described in a forthcoming set of Bid
Documents.
Section 3. Project Scope:
A. GRAVITY SEWER SYSTEM. The parties agree that Jupiter Inlet Colony shall have a gravity
sewer system constructed to serve the community, although a low pressure sewer system will be used
to serve the Jupiter Inlet Beach Club. Initially, sewer system costs, including all expenses necessary
or incident to completion of the sewer system installation (e.g., engineering design, permitting,
engineering services during construction, construction, testing, and specifically including
restoration), will be borne by the Loxahatchee River District. Ultimately, 90% of these costs will be
recovered via a special assessment paid by affected property owners or Jupiter Inlet Colony (see
Section 5 below).
B. POTABLE WATER SYSTEM. The parties agree that the Village of Tequesta will replace
existing potable water mains in Jupiter Inlet Colony as part of the sewering project. The cost of
replacing the potable water infrastructure, including all expenses necessary or incident to completion
of the potable water rehabilitation (e.g., engineering design, permitting, engineering services during
construction, construction, testing, and specifically not including restoration), will be borne by the
Village of Tequesta.
C. STORMWATER SYSTEM. The parties agree that Jupiter Inlet Colony will improve the existing
stormwater system in Jupiter Inlet Colony as part of the sewering project. The cost of improving the
stormwater infrastructure, including all expenses necessary or incident to completion of the
stormwater system improvements (e.g., engineering design, permitting, engineering services during
construction, construction, testing, and specifically not including restoration), will be borne by
Jupiter Inlet Colony. However, the parties acknowledge that an exfiltration trench shall be
constructed for disposal of dewatering of the site for sewer system construction, in accordance with
the engineering documents and financial terms otherwise set forth in this agreement, and that the
exfiltration trench will be left in place to provide future storm water drainage for the Town.
D. ROAD IMPROVEMENTS. The parties agree that the existing road will be restored to a uniform
20 foot width as part of the restoration activities listed in Section 3A.
Section 4. Responsibilities and Duties:
A. DISTRICT shall execute a single Engineering Services Contract with ARCADIS U.S., Inc. The
scope of this contract shall be mutually agreeable to the District, Town, and Village, and shall
encompass the full Project scope. TOWN and VILLAGE will use their best efforts to provide written
approval of, or suggested revisions to, the Engineering Services Contract within thirty (30) days of
receipt of all required documents. Approval shall not be unreasonably withheld. The Engineering
Services Contract shall include Plans and Contract Documents for the Project construction and/or
rehabilitation of gravity sewer, potable water, stormwater, and road work, and shall specify costs for
District, Town, and Village. The Engineering Services Contract shall remain below CCNA
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
thresholds for continuing contracts.
B. DISTRICT shall produce Bid Documents based upon the Plans and Contract Documents from the
Engineering Services Contract, which shall encompass the full project scope. The DISTRICT's
standard `front end' bid documents have been reviewed and approved by TOWN and VILLAGE, and
are attached as Exhibit A.
C. DISTRICT shall execute a single Construction Contract with the lowest responsive, responsible
bidder pursuant to the District's Procurement Policy. The Construction Contract shall provide
liquidated damages for late completion.
D. DISTRICT shall administer, construct, and inspect the Project in accordance with the Bid
Documents.
E. Costs shall be based upon actual contract costs using contract unit prices, actual constructed
quantities, and/or equitable pro rata distribution of such costs (e.g., for general conditions,
mobilization, maintenance of traffic, etc). Equitable pro rata distribution shall mean 50% District;
35% Village; 15% Town unless otherwise agreed to in writing. Quantities will be measured by the
DISTRICT with concurrence by the TOWN and/or VILLAGE.
F. TOWN shall reimburse DISTRICT any costs attributable to the stormwater system improvements
in accordance with Sections 4E and 6. VILLAGE shall reimburse DISTRICT any costs attributable
to potable water rehabilitation in accordance with Sections 4E and 6.
G. DISTRICT shall require the contractor to provide a Public Construction Bond in an amount equal
to 110% of the contractor's bid for the Project and the Work.
H. DISTRICT shall obtain written approval from the TOWN and/or VILLAGE in advance of any
change orders that increase the cost attributable to the TOWN's and/or VILLAGE's Work to an
amount greater than specified in the contracted amount. Approval shall not be unreasonably
withheld. The TOWN and/or VILLAGE shall be responsible for change order costs including any
costs associated with the TOWN'S and/or VILLAGE'S failure to approve change orders in a timely
manner.
I. TOWN and VILLAGE shall make provision for independent inspection of all work related to their
infrastructure prior to Engineer's Certification of Completion, if such inspection is desired by
TOWN or VILLAGE.
J. Upon receipt of Engineer's Certification of Completion,
1) DISTRICT shall commence the one (1) year Maintenance Bond period;
2) DISTRICT shall issue a Bill of Sale for potable water system, and VILLAGE shall accept
ownership and operation of potable water system;
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
3) DISTRICT issues Bill of Sale for stormwater system, and TOWN shall accept ownership and
operation of stormwater system;
4) DISTRICT shall accept ownership and operation of wastewater system; and
5) DISTRICT will retain responsibility to repair potable water, stormwater, and wastewater
system defects due to materials or workmanship throughout the one (1) year Maintenance
Bond period.
J. DISTRICT shall require the contractor to provide a Maintenance Bond in the amount equal to
50% of the contract price guaranteeing the repair of all damages due to improper materials or
workmanship for a period of one (1) year after the acceptance of the Work by the District.
K. At the end of the one (1) year Maintenance Bond period all responsibility for repair and
maintenance shall automatically be transferred to system owner.
Section 5. Planning and Implementation
A. The TOWN's approval of this Agreement shall constitute final approval of extension of the
sewer system within the corporate limits of Jupiter Inlet Colony, meeting the requirements of Jupiter
Inlet Colony Code of Ordinances and applicable rules and regulations of TOWN. This final approval
is for the sewer lines and appurtenances in the public highways.
B. TOWN agrees to modify their comprehensive plan to allow sewers consistent with this
agreement.
C. DISTRICT will submit plans and meet informally with TOWN Building Department staff on
construction plans and reply to reasonable requests. TOWN will issue the permit(s).
D. Based upon the Preliminary Engineering Report dated November 2013, and specifically sheet
D3, TOWN approves the placement of one (1) lift station within TOWN's Parcel C (Como Park),
and DISTRICT agrees to include a backup generator and real time communication system in the lift
station design. DISTRICT will seek to use alternative communications technology (e.g., telephone,
wifi) to minimis aesthetic impacts to neighboring properties.
E. No special exception public hearing or site plan review will be needed for the sewer system in
Jupiter Inlet Colony.
F. TOWN and VILLAGE will employ their best faith efforts, in conjunction with DISTRICT's
effort, to avoid unusually restrictive and unnecessarily expensive permit conditions (e.g., dewatering
permit).
G. TOWN will aid in securing the cooperation of the Beach Club and owners of vacant parcels
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within TOWN so that during the construction Project the contractor may use a portion of these areas
for storage of equipment and materials.
H. TOWN grants DISTRICT permission to use TOWN Stormwater Utility infrastructure, including
drainage inlets and lines to facilitate dewatering during construction, which use may be limited by
the TOWN if the dewatering would overload Stormwater Utility infrastructure during severe storm
and weather conditions. DISTRICT shall obtain all applicable permits necessary to utilize the
Town's stormwater infrastructure for dewatering activities and shall be responsible for any
environmental damages caused by the use of the Town's stormwater infrastructure for dewatering
activities.
I. DISTRICT will require all contractors to conduct their work in accordance with the District's
Construction Standards and Technical Specifications provided such specifications are not in conflict
with this Agreement. For work on the potable water system, contractors will be required to conduct
work in accordance with the VILLAGE's Construction Standards provided such specifications are
not in conflict with this Agreement. For work on the stormwater system, contractors will be required
to conduct work in accordance with the TOWN'S' Construction Standards provided such
specifications are not in conflict with this Agreement.
J. DISTRICT will provide construction information materials to homeowners prior to start of
construction. This will include details of construction, homeowner, contractor and DISTRICT
responsibilities and liabilities, and a projected timetable for construction.
K. DISTRICT will hold a preconstruction meeting and periodic progress meetings as may be
needed.
L. DISTRICT will provide property owners with the choice of the location of their connection point.
M. Construction will be permitted within the TOWN Monday through Saturday, 8:00 A.M. to 6:00
P.M. Construction is not permitted on Sunday or legal holidays unless approved in writing by the
TOWN. Dewatering will be permitted to occur 24 hours per day 7 days per week.
N. DISTRICT will make all reasonable efforts to begin construction in April, 2015.
O. DISTRICT's laboratory staff will conduct dewatering turbidity monitoring during non - holiday
weekdays to minimiz costs.
P. DISTRICT will have the Contractor restore drives, mailboxes, sod, sprinkler systems, and other
improvements that are damaged during construction. However, the DISTRICT will not be
responsible to replace personal items or specimen landscape materials in the right -of -way. TOWN
shall be responsible to restore drives outside of the right -of -way for all reasons other than contractor
negligence.
Q. TOWN grants DISTRICT the Permanent Easement(s) and Temporary Construction Easement(s),
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
the legal descriptions of which are in Exhibit B attached hereto and made a part hereof. The TOWN
shall provide the fully signed Permanent Easement(s) and Temporary Construction Easement(s) in
recordable form to the DISTRICT within thirty (30) days of the signing of this Agreement.
Section 6. PgMents/Invoicing and Reimbursement
The DISTRICT will invoice the TOWN and/or VILLAGE on a periodic basis during construction of
the Project. The TOWN and VILLAGE agree to provide to DISTRICT reimbursement funding for
documented costs for the Project pursuant to cost responsibilities established in Section 3. Upon
DISTRICT'S submission of acceptable documents needed to substantiate their costs for the Project,
TOWN and/or VILLAGE will use their best efforts to provide said funds to DISTRICT on a
reimbursement basis within thirty (30) days of receipt of all required documents. DISTRICT shall
submit all invoices to the TOWN and/or VILLAGE identifying the work completed, including
DISTRICT'S total expenditure for the Project, and identifying the amount attributable to the work
completed based upon the executed Construction Contract. DISTRICT shall supply any further
documentation such as copies of paid receipts, canceled checks, invoices and other documents
deemed necessary by the TOWN and/or VILLAGE within fourteen (14) calendar days of request by
the TOWN and/or VILLAGE. Invoices received from DISTRICT will be reviewed and approved by
the TOWN and/or VILLAGE to insure that expenditures have been made in conformity with this
Agreement. Invoices will normally be paid within thirty (30) days following approval.
The Project will be administered by the DISTRICT. Only those costs incurred by the DISTRICT
relating to the Project are eligible for reimbursement by the TOWN and/or VILLAGE pursuant to the
terms and conditions hereof. In the event the DISTRICT ceases or suspends the Project for any
reason, the TOWN and/or VILLAGE will reimburse the DISTRICT for the work completed for the
Project; provided, DISTRICT shall cease or suspend the Project only in the event of an act of God or
some other unforeseen or catastrophic event.
Section 7. Sewer Assessment
A. DISTRICT will pay ten percent (10 %) of the total cost of construction, reconstruction,
restoration, labor, materials, acquisition of property rights, surveys, design, engineering and legal
fees, administrative expenses, and all other expenses necessary or incidental to completion of gravity
sewer installation, including reconstruction and restoration of the TOWN'S road and existing
swales. The remaining ninety percent (90 %) will be the "Assessment' ' to the property owners in the
Town in accordance with District Rule 31 -11.
B. If the DISTRICT finances the Assessment, the combined assessment may be financed over 20
years at a rate not to exceed 6.875 %. There will be no pre - payment penalty and no due -on -sale
clause. The Assessment will be on the non ad valorem tax bill. However, TOWN may pay off the
Assessment in full prior to DISTRICT certifying the Assessment to the County Tax Collector.
TOWN in their sole discretion will determine Assessment finance terms for the affected properties.
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C. The DISTRICT will provide a one -time credit in the amount of $54,000.00 towards the
assessment amount, at the time the DISTRICT Governing Board confirms the final Special
Assessment Roll, in consideration of this Interlocal Agreement.
Section 8. Credits, Grants, and Fees
A. Credits
1) DISTRICT will provide a $500 subsidy of the Regional Connection Charge for all properties
with a building or structure having a certificate of occupancy prior to 1 April 1981. If
necessary, DISTRICT will finance the remaining balance of the Regional Connection Charge
for individual properties, for up to 3 years at 8.0% interest.
2) DISTRICT will provide free inspections of onsite sewer connections and will waive the
septic disposal fee at the DISTRICT for final pumping of septic tanks during the one year
connection period.
3) TOWN will waive the collection of any permit or license fee as established by the TOWN's
Code of Ordinances in connection with sewer system construction, as TOWN's contribution
to reduce the Assessment costs to affected property owners.
4) DISTRICT will deliver, without charging a delivery fee, the low pressure pumping unit and
appurtenances necessary to serve the Beach Club.
B. DISTRICT has submitted a grant proposal, in the amount of $600,000, to the Loxahatchee River
Preservation Initiative for neighborhood sewering of TOWN. If funded, grant proceeds will be
evenly divided among assessed properties, and applied to the connection fee during the one year
connection period. If not funded, the lack of funding will have no effect on the status of this
agreement.
C. All residential TOWN sewer customers will pay the same quarterly rate that DISTRICT charges
all other sewer customers as established in DISTRICT Rule 31 -10.
Section 9. Connection to Sewer
A. Property owners will have 12 months to connect to the sewer system after the system has been
declared available by the Health Department, in accordance with Florida Statutes.
Section 10. Definitions
"Restoration" is defined as the process of restoring a property back to pre -loss condition after
sustaining damage due to neighborhood rehabilitation activities. For example, areas within the right -
of -way that are damaged by the contractor will be restored to pre - project conditions.
"Rehabilitation" is defined as the process of returning an asset (e.g., pipe, valve) to a state of utility,
through repair or alteration, so that the asset is suitable for contemporary use. For example, a
segment of stormwater pipe was rehabilitated using a cured in place liner.
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Section 11. Access and Audits
TOWN, VILLAGE and DISTRICT shall maintain books, records, and documents to justify all
charges, expenses and costs incurred under this Agreement and in performing the Project, in
accordance with Generally Accepted Accounting Principles (GAAP), as promulgated by the
Government Finance Officers Association from time to time. The TOWN, VILLAGE and
DISTRICT shall have access to all books, records, and documents as required in this Agreement, and
for at least three (3) years after completion of the Project. In the event any work is subcontracted by
TOWN and/or VILLAGE, TOWN and/or VILLAGE shall similarly require each Contractor and
subcontractor to maintain and allow access to such records for audit purposes.
Section 12. Independent Contractor
TOWN, VILLAGE and the DISTRICT are and shall be, in the performance of all work, services and
activities under this Agreement, Independent Contractors and not employees, agents or servants of
the other party. All TOWN and /or VILLAGE employees engaged in the work or services performed
pursuant to this Agreement shall at all times, and in all places, be subject to TOWN and/or
VILLAGE sole direction, supervision, and control. All DISTRICT employees engaged in the work or
services performed pursuant to this Agreement shall at all times, and in all places, be subject to
DISTRICT's sole direction, supervision, and control. The Parties shall exercise control over the
means and manner in which it and its employees perform the work, and in all respects the parties
relationship and the relationship of its employees to the other party shall be that of an Independent
Contractor and not as employees or agents of the other.
The relationship between the parties, and their duties to each other, are as set forth in this Agreement.
No party has the power or authority to bind any other party to any promise or representation, except
as set forth in this Agreement, as executed or amended.
Section 13. Personnel
DISTRICT has, or will secure at its own expense, all necessary personnel required to perform the
services under this Agreement. Such personnel shall not be employees of or have any contractual
relationship with the TOWN and/or VILLAGE. All of the services required herein under shall be
performed by DISTRICT or its contractor, and personnel engaged in performing the services shall be
fully qualified and, if required, authorized or permitted under state and local law to perform such
services. All of DISTRICT'S personnel, Contractors and all subcontractors while on DISTRICT
premises will conduct themselves in an acceptable manner and follow acceptable safety and security
procedures.
Section 14. Further Litigation and Legal Challenges
The parties to the Agreement agree to dismiss pending litigation and not initiate new legal challenges
related to this sewer project, except that the parties reserve their legal rights to enforce the terms of
this Agreement. All parties agree not to pursue future p ersonal litigation against any persons
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involved in and arising out of the pending litigation. The Parties also agree to actively participate in
the joint defense of this Agreement, if there is a third party legal challenge to its terms. In addition,
no party will seek reimbursement in court from any party to this Agreement for attorney's fees or
costs associated with the joint defense of this Agreement; however, all parties may seek fees or costs
from third parties as otherwise provided by law.
Section 15. Indemnification
The TOWN, VILLAGE and DISTRICT recognize their liability for certain tortious acts of its agents,
officers, employees and invitees to the extent and limits provided in Section 768.28, Florida Statutes.
To the extent permitted by law, the TOWN, VILLAGE and DISTRICT shall indemnify, defend and
hold the other harmless against any actions, claims and damages arising out of the TOWN,
VILLAGE and/or DISTRICT'S negligence in connection with the Project and the use of the funds
provided under this Agreement. The foregoing indemnification shall not constitute a waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the
same be construed to constitute an agreement by the TOWN, VILLAGE or DISTRICT to indemnify
each other for willful or intentional acts of the other. The foregoing indemnification shall survive
termination of this Agreement.
Section 16. Annual Appropriation
All provisions of this Agreement calling for the expenditure of ad valorem tax money by either the
TOWN, VILLAGE or the DISTRICT are subject to annual budgetary funding and should either Party
involuntarily fail to fund any of their respective obligations pursuant to the Agreement, this
Agreement may be terminated. However, once the Project has been awarded to the DISTRICT
contractor, it shall be prosecuted to completion and this Agreement shall be binding upon the parties
and neither party shall have the right to terminate the subject Agreement for the reason that the
sufficient funds are not available for the construction of the Project.
Section 17. Breach and Opportunity to Cure
The parties expressly covenant and agree that in the event any party is in default of its obligations
under this Agreement, each party shall have thirty (30) days written notice before exercising any of
its rights.
Section 18. Enforcement Costs
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the
terms and conditions of this Agreement shall be borne by the respective parries.
Section 19. Notice
All notices required to be given under this Agreement shall be in writing, and deemed sufficient
to each party when sent by United States Mail, postage prepaid, to the following:
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All notice to the DISTICT shall be sent to:
D. Albrey Arrington, Ph.D., Executive Director
Loxahatchee River Environmental Control District
2500 Jupiter Park Drive
Jupiter, FL 33458
All notice to the TOWN shall be sent to:
Mayor Daniel J. Comerford, III
Town of Jupiter Inlet Colony
1 Colony Road
Jupiter Inlet Colony, FL 33469
All notice to the VILLAGE shall be sent to:
Michael R. Couzzo, Jr., Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Section 20. Modification and Amendment
Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the
tenors or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and equality of dignity herewith.
Section 21. Remedies
This Agreement shall be governed by and in accordance with the laws of the State of Florida. Any
legal action necessary to enforce this Agreement shall 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 by statute or otherwise. No single or partial exercise by
any party of any right, power or remedy hereunder shall preclude any other or fiuther exercise
thereof.
Section 22. No Waiver
Any waiver by any Party of its rights with respect to a default under this Agreement, or with respect
to any other matters arising in connection with this Agreement, shall not be deemed a waiver with
respect to any subsequent default or other matter.
Section 23. Joint Preparation
The preparation of this Agreement has been a joint effort of the parties, and the resulting document
shall not, solely as a matter of judicial constraint, be construed more strictly against one of the parties
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
than the other.
Section 24. Equal Opportunity
TOWN, VILLAGE and DISTRICT agree that no person shall, on the grounds of age, race, color, sex,
national origin, disability, religion, ancestry, marital status, and familial status, be excluded from the
benefits of, or be subjected to any form of discrimination under any activity carried out by the
performance of this Agreement. DISTRICT will ensure that all contracts let for the Project pursuant
to the teams of this Agreement will contain a similar non - discrimination and equal opportunity
clause.
Section 25. Execution
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
Section 26. Recording
A copy of this Agreement shall be recorded with the Palm Beach County Clerk of Court.
Section 27. Termination
This Agreement may be terminated by any party to this Agreement upon sixty (60) days written
notice to the other party, except as otherwise addressed in this Agreement. However, once the
Construction Contract (Section 4C) has been executed by the DISTRICT Governing Board, the
Construction Contract shall be prosecuted to completion and this Agreement shall be binding upon
the parties and no party shall have the right to terminate the subject Agreement.
Section 28. Public Entity Crime Certification
As provided in F.S. 287.132 -133, as may be amended from time to time, by entering into this
Agreement or performing any work in furtherance hereof, DISTRICT shall have its contractors
certify that their affiliates, suppliers, subcontractors and consultants who will perform hereunder,
have not been placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within thirty-six (36) months immediately preceding the date hereof. This
notice is required by F.S. 287.133 (3)(a).
Section 29. Severability
If any section, paragraph, sentence, clause or provision of this Agreement is for any reason held by a
court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this Agreement.
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
Section 30. Entirety of Agareement
TOWN, VILLAGE and DISTRICT agree that this Agreement sets forth the entire Agreement
between the parties, and there are no promises or understandings other than those stated herein.
Section 31. Survival
The obligations, rights, and remedies of the Parties hereunder, which by their nature survive the
termination of this Agreement or the completion of the Project, shall survive such termination or
Project completion and inure to the benefit of the Parties.
Section 32. Term
The term of this Agreement shall be effective on the date of execution of this Agreement by all
parties.
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
IN WITNESS WHEREOF,the undersigned parties have executed this Interlocal Agreement on the
day and year first written above.
JUPITER INLET COLONY LOXAHATCHEE RNER DISTRICT
BY ITS BY ITS
T COUNC -� GOVERNING B ARD
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Dr. aniel Co erford, I., ayor IJ�r. Matt H. Rostock, Chairman
ATT ST: � ATTEST:
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TOWN CLERK D: A br Ai�-ington, PhD, Executive Director
DISTRICT CLERK
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEG CY AN LEGAL SUFFICIE CY
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TOWN ATTORNEY Curtis Shenkman, DISTRICT ATTORNEY
,
TOWN Date: � �' 2014 DISTRICT Date: %���) 2014
VILLAGE OF TEQUESTA
BY ITS
V E COUNC
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by B nnan, ayor
ATTEST:
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VILLAGE CLERK (D��� � CO'��=,
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
Exhibit A:
The DISTRICT'S standard `front end' bid documents are incorporated herein by reference.
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
Exhibit B:
The Jupiter Inlet Colony authorizes use of the existing_ public roads, as dedicated on the Plat of
Jupiter Inlet Beach Colony approved 13 December 1954, for the installation and maintenance of
sewer system assets and appurtenances.
The Jupiter Inlet Colony authorizes use of approximately 1,200 square feet of the northern
portion of Lot C (from flagpole planter to cedar tree), as dedicated on the Plat of Jupiter Inlet
Beach Colony approved 13 December 1954, for the installation and maintenance of a sewer lift
station and appurtenances.
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