HomeMy WebLinkAboutAgreement_Interlocal_06/11/2015 AMENDED AND RESTATED
IP�iTERLUCAL AGREEMENT BETWEEN JUPITER IN1.ET CULUNY, FLORIDA
AND
THE L(}XAHATC�TEE RIVEIt ENVIRONMENTAL Ct3NTRQL DISTRICT
AND
THE�II,LAGE OF TEQUESTA
Ft}R JUINT PARTICIPATIt3N AND PROJECT FUNDING UF THE
JUPITER INLET C+DLfJI'`tY l'+IEIGHBORHQOD REH,ABILITATION
THIS AMENI}ED AND RESTA,TED Interlocal Agreement, (hereiriafter "Agreernent''�, is
made as of the �v�,c_.. b1*'�vts'`�(date) by and arnc+ng 3upiter Inlet Colony, a politicat
subdivasion of the �tate of Florida, thereinafter "TOWI'�1"), the Loxahatcl�ee River
Environmental �ontrol District, a speci�l distriet'independent�avernmental entity existing under
the laws of Florida> (hereinafter <`DISTRICT"�, and the �illage of Tequesta, a political
SU�1CIiV151(?Il 0�"�YiB S�fiCC O� F�OIi��, (l�ereinafter "VILLAGE"�a e�GI'1 Ot1� COi1Stl�il�i11� � pi1F}�IG
agency defined in part I t�f Chapter 163, Florida Sta�.ites.
WHEREAS,the I,oxahatehee River is a Federaliy designated Wild and scerric River prateeted by
Federal iaw, S#ate law,and tocal law.
WH�REAS, the Jupiter Tnlet Calony is a municipai ccatporation existing under the laws of the
State c�f Flarida.
WHEREAS, the Loxahatchee River Enviranmental Control Dis�ct is a multicounty,
independent special disfirict of the State af Flarida created by chapter 7i-82�, L,aws of Florida,
with a general objective of preserving and pratecting environmental healtfi and pubtie heatth
throughotx#the Loxahatchee River watershed.
WHEREAS,the Village ofTequesta is'the provider ofpotable water to the'Town.
Ii W�IEREAS,n�iglaborhaod sewering is an irnportant component of the cotnprehensive appr�ach
needed to address river water quality, graund water quality� and the health of the cc>mrnunity and
nai:ural resources in the Loxahatchee River Watershed:
N4W, THEREFCl�tE, in consideratian of the�utual cavenants, pramises, and representations
I� contained�ereit�,the parties agree as follows:
,
Secti�n 1. Recitals.
The above recitals are true and conect and are incarparated h�rein.
Sectior�2.Project and Wo�k to be Completed b�the DISTRICT:
I3ISTRICT shall pravac�e design, permitting, canstruction and administrative services to the
Jupiter Inlet Colony Ncighborhaod Rehabilitation PrQject ("PRQJECT"), which will inctude{a)
ct�nstruc�ion of a gravity sewer system including one on-site lift static�n, (b) replacement �f the
Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
existing potable water system, (c) rehabilitation of and improvements to the existing stormwater
system, (d) road restoration, and (e) reconfiguration of the entry road. 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 a11 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, including addition of a two (2) foot wide
concrete valley gutter on each side of the road, as part of the 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 dis osal of n ti n in cc rd e
dewaterin of the site for sewer s stem co struc o , a o anc
��� p g Y
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 stormwater drainage for the
! Town.
I
' D. ROAD IMPROVEMENTS. The parties agree that the existing road will be restored to a
� uniform 18 foot width as part of the restoration activities listed in Section 3A. Furthermore, the
parties agree that the existing entry way (i.e., Colony Road from Beach Road to Ocean Drive
including 1 Colony Road)will be reconfigured at the TOWN's sole expense.
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
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
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.
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 E�ibit 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 accardance 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 andlor VILLAGE.
F. TOWN shall reimburse DISTRICT any costs attributable to the stormwater system
improvements in accordance with Sections 4E and 6. TOWN shall reimburse DISTRICT any
costs attributable to reconfiguration of the entry way. 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;
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
2) DISTRICT shall issue a Bill of Sale for potable water system, and VILLAGE shall accept
ownership and operation of potable water system;
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 respansibility for repair and
maintenance shall automatically be transferred to system owner.
Section 5, Plannin ag nd 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. TOWN approves the placement of one (1) lift station within TOWN's property at 50 Colony
Road (Parcel # 32434031010000500). TOWN agrees to pay additional engineering fees required
to relocate the lift station from Parcel C (Como Park) to 50 Colony Road. 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
minimize 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.,
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
dewatering permit}.
G. TOWN will aid in securing the cooperation of the Beach Club and owners of vacant parcels
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 wark 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 July, 2015.
O. DISTRICT's laboratory staff will conduct dewatering turbidity monitoring during non-
holiday weekdays to minimize 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
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
than contractor negligence.
Q. TOWN grants DISTRICT the Permanent Easement(s) and Temporary Construction
Easement(s), the legal descriptions of which are in E�ibit 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. Pavments/Invoicing and Reimbursement
The DISTRICT will invoice the TOWN andlor 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 Sections 3 and 4. 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 andlor 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 hereo£ 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. Notwithstanding, engineering costs
to relocate the lift station from Parcel C to 50 Colony Road, and all costs necessary to
reconfigure the entry way shall be at the TOWN's sole expense.
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
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 Ta�c
Collector, in which case TOWN in their sole discretion will determine Assessment finance terms
for the affected properties.
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: �
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
. "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 ar 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.
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
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
on DISTRICT premises will conduct themselves in an acceptable manner and follow acceptable
safety and security procedures.
Section 14.Further Litigation and Le�al Challen�es
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 personal litigation against any
persons involved in and arising out of the pending litigation. The Parties also agree to actively I
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. i
Section 15. Indemnification: I'
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 t� 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 O��ortunitv 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:
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
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 parties.
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:
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 terms 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
sin 1 or i r ' h 11 r 1
e art al exe cise b an art of an ri ht ower or remed hereunder s a ec ude
g P Y YP Y Y g � P Y P
any other or further 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
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
waiver with respect to any subsequent default or other matter.
Section 23. Joint Pre arn ation:
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 than the other.
Section 24.Eaual Onportunitv:
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 terms 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.Recordin�:
A copy of this Agreement shall be recorded with the Palm Beach County Clerk of Court.
Section 27. Termination:
T'his 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 parry shall have the right to terminate the subject Agreement.
Section 28.Public Entitv 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. Severabilitv:
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Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
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.
Section 30.Entiret�greement:
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. �
Page 12
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Jl!PI't'EuR INLE"I' COLONY Lc�XAI[:\TCtfEi:: I:IVFR DISTRICT
(�1�' [TS BY
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i�r. Dani�l �omeri f, III., tit:iyur Stenl��n I3. R��c:lofi, Chairman
,, E"1�EST: :�TYI�ESZ-:
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f ; ' :1�''�: ('L(-i?� D r1ll�rcy rri� �t �n, PhD, Executive I�ircct�>r
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�;.illi<irn P. Done}�. Csa. Curtis Shen �it,an, Esq.
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Jupiter Inlet Calony Neighbarhaod Rehabiiita#ian Interlacal Agreement
Exhibit A:
The DISTRICT's standard `front end' bid docurnents are incarparated herein by reference.
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_.! _ _ Page 14
Jupiter Inlet Colony Neighborhood Rehabilitation Interlocal Agreement
E�iibit 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 northwestern
portion of 50 Colony Road (Parcel # 32434031010000500), for the installation and maintenance
of a sewer lift station and appurtenances.
Page 15