1999-01
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INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MINNEOLA AND THE CITY OF CLERMONT
FOR PROVISION OF WATER SERVICE TO THE CITY OF MINNEOLA
This INTERLOCAL AGREEMENT is made and entered this I~~ day
of ~ ' 199~, by and between the City of Minneola,
a m icipal orporatïon organized and existing under the laws of
the State of Florida (hereinafter "Minneola") and the City of
Cle~ont, a municipal corporation organized and existing under the
laws of the State of Florida (hereinafter "Clermont") to cooperate
in the provision of water service to Minneola by Clermont.
RECITALS
WHEREAS, it is one intent of Part II of Chapter 163, Florida
Statutes, the Local Government Comprehensive Planning and Land
Development Regulation Act (the "Act"), to encourage and assure
cooperation between and among municipalities; and
WHEREAS, Clermont and Minneola are neighboring cities whose
councils wish to establish a cooperative relationship in order to
benefit the citizens of both cities and address problems as they
arise; and
WHEREAS, the State Comprehensive Plan requires local
governments to economically and efficiently provide for the amount
and quality of services required by the public, and to cooperate
for their mutual benefit; and
WHEREAS, Section 163.01(4) and (5), Florida Statutes, provides
that a public agency of the State, including municipalities, as
defined by Section 163.01(3) may exercise jointly by contract with
any other public agency of the State any power, privilege or
authority which such agencies share in common and which each might
exercise separately; and
WHEREAS, Minneola is currently in need of additional water
capacity; and
WHEREAS, Clermont currently has water capacity in excess of
that needed by its citizens; and
WHEREAS, the cities have identified certain areas within the
City of Minneola depicted on the attached incorporated Exhibit "A",
(hereinafter the" Property") which can be temporarily served by
Clermont water; and
WHEREAS, Clermont and Minneola have (i) full power and
authority to enter into this Agreement, (ii) taken all necessary
actions and obtained all necessary approvals to enter into this
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Agreement and to perform the terms and conditions of this
Agreement, and (iii) duly authorized, executed and delivered this
Agreement such that this Agreement constitutes the legal, valid and
binding obligations of both Cities respectively; and
NOW, THEREFORE, in consideration of the premises and mutual
covenants set forth in this Agreement, the receipt and sufficiency
of which are hereby acknowledged, Minneola and Clermont agree as
follows:
ARTICLE 1
1. Incorooration of Recitals and Preamble. The Recitals and
Preamble above are true and correct and are incorporated into this
Agreement as if fully set forth below.
ARTICLE 2
2. Puroose and Authority of Aqreement. The purpose of this
Agreement is to set forth the terms and conditions of water utility
service to the Property by Clermont. This Agreement is executed
pursuant to the provisions of Chapter 163, Florida Statutes.
ARTICLE 3
3.
Continqencieso
Minneola will enforce its own irrigation restrictions
and all water restrictions in place by St. John's River Water
Management District and the City of Clermont for the areas to be
served under this agreement while using any water from Clermont.
ARTICLE 4
4.
Connections Between City SYstems.
4.1. There will be a tie-in for a watermain interconnection
between Clermont and Minneola systems through the Jaymark Nob
Hill/Siesta Vista project in Clermont to Banyon's Eastridge project
in Minneola to serve residents in the Chelsea Parc, The Arbors,
High Pointe Club, Eastridge and Country Ridge subdivisions. For
clarification, there will, however, be no actual residences in the
Eastridge and Country Ridge subdivisions unless at least one of the
City of Minneola's wells referred to as Well Number Six, Seven or
Eight has been placed on line and approved by Minneola pursuant to
the Developers' respective agreements with Minneola.
4 .2 . The connection will be accomplished with a compound
meter and double check back flow prevent or as more particularly
described on the attached and incorporated Exhibit "B".
Should the final design and construction on Exhibit B, such design
and construction shall be approved by both cities.
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INTERLOCAL AGREEMENT - CITY OF MINNEOLA
AND CITY OF CLERMONT - WATER SERVICE - PAGE 3 OF 8
4.3. The interconnection shall be designed, operated and
maintained so that no co-mingling of the water in the two city
systems shall occur.
4.4. Minneola will close the existing two (2) gate valves on
water mains crossing Mohawk Road to create a closed loop system to
be fed by the City of, Clermont Interconnect.
ARTICLE 5
5.
Financial
Considerations.
5.1. Clermont will sell water in bulk directly to Minneola
through master meter hook-ups. Minneola will pay 125% of the
Clermont rate. Clermont shall bear no cost in making, operating or
maintaining the physical interconnection.
5.2. Minneola will have the right and responsibility to
charge and collect for the metering of the water from the homes
within Minneola
5.3. Minneola will have the right and obligation to collect
any pertinent impact fees, meter fees, and account deposits
pursuant to Minneola ordinance for any residential units served by
the Clermont connection.
ARTICLE 6
6.
Term of Aqreement.
6.1. This Agreement shall become effective upon the latest
date of execution of the parties hereto and shall continue for one
year.
6.2. Within the sixty day period prior to th~ expiration of
the one year term,. either party may call for renegotiation of the
Agreement by written notice to the other party, at which time the
parties agree to reexamine the status and the affect of the
Agreement upon both cities and to determine if continuance is
necessary or desirable and if any changes to this Agreement are
desirable. Upon such written notice, Clermont and Minneola shall
attempt to renegotiate this Agreement in good faith.
ARTICLE 7
7.
Limitations on Aqreement to Provide Service.
7.1. Clermont currently has adequate water capacity to service
all of the Property described in Exhibit "A" to the full extent of
the proj ected ERU' s. Each ERU is based on an average monthly
consumption of 350 gallons per day. Consumption shall be monitored
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INTERLOCAL AGREEMENT - CITY OF MINNEOLA
AND CITY OF CLERMONT - WATER SERVICE - PAGE 4 OF 8
and in the event it exceeds this monthly average for anyone month,
Minneola shall analyze the cause and address reduction of
consumption. Clermont does not guarantee capacity availability to
the Property beyond the term of this Agreement.
7.2. Clermont shall not be required to provide water utility
services to Minneola in quantities which exceed those set forth
herein, but may do so in its discretion.
7.3. Minneola currently has an inadequate water capacity to
service all the Property described in Exhibit "A". In the event,
Minneola generates sufficient capacity to serve the Property, it
may discontinue purchase of same from Clermont.
7.4. Clermont may interrupt water service to Minneola in the
event that:
a. There is a breakdown in the Clermont water system
precluding Clermont from having the ability to provide sufficient
water capacity for Clermont and Minneola at the discretion of the
City of Clermont.
b. An act of God or other unforeseeable emergency
prevents Clermont from having the necessary capacity to provide
water to Minneola.
7.5. In the event of the need to interrupt service to
Minneola, Clermont shall provide as much prior notice to Minneola
as possible and shall offer to reconnect and reestablish service
as soon as possible.
ARTICLE 8
8. Default. In the event of a default by any party hereto,
the non-defaulting party or parties shall have such rights and
remedies provided by law and equity, including specific performance
and injunctive relief.
8.1. The waiver of any breach or default under any of the
terms of this Agreement shall not be deemed to be, nor shall the
same constitute, a wa~ver of any subsequent breach or default.
8 .2 . Notwithstanding the provisions of subparagraph 8 and 8.1
above, before exercising any remedy at law or equity, a non-
defaulting party shall provide written notice to the other party of
an asserted default and the asserted defaulting party shall have
the right to cure the asserted default within thirty (30) days. If
the default is not reasonably capable of being cured within such
period, the defaulting party shall within that period commence
reasonable curative action and diligently prosecute such action.
If the default is being diligently prosecuted to completion, the
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INTERLOCAL AGREEMENT - CITY OF MINNEOLA
AND CITY OF CLERMONT - WATER SERVICE - PAGE 5 OF 8
non-defaul ting party shall abate the exercise of
remedies under law or equity.
its default
ARTICLE 9
9.
Conflict Resolution.
9.1. A certified circuit court mediator acceptable to both
parties shall serve as the forum for informal nonbinding mediation
of disagreements and conflicts between the Cities with respect to
the matters set forth in this Agreement.
9.2. Notwithstanding the foregoing, in the event that either
party determines in good faith that it is necessary to file a
lawsuit in order to meet a jurisdictional time period or otherwise
preserve a legal right, said lawsuit may be filed, but shall be
abated once the filing and any other act necessary to preserve the
legal right occurs, and the parties shall refer the matter to a
certified circuit court mediator acceptable to both parties
accordance with the terms set forth herein.
9.3. In the event the parties cannot resolve a conflict after
following the procedures set forth in this paragraph, then in such
event the parties may pursue such other remedies as may be
available for resolution of such conflict, including but not
limited to the pursuit of all administrative and judicial remedies.
ARTICLE 10
10.
General Provisions.
10.1. Notices. All notices, consents, approvals, waivers and
elections which any party shall be requested or shall desire to
make or give under this Agreement shall be in writing and shall be
given only by hand delivery for which a receipt is obtained, or
certified mail, prepaid with confirmation of delivery requested.
Notices shall be addressed to the addressees set forth below or as
ei ther party may otherwise designate in the manner prescribed
herein.
If to Minneola:
Mayor
City of Minneola
P. O. Box 678
Minneola, Florida 34755
With a copy to:
Deputy to the Mayor
City of Minneola
P. O. Box 678
Minneola, Florida 34755
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INTERLOCAL AGREEMENT - CITY OF MINNEOLA
AND CITY OF CLERMONT - WATER SERVICE - PAGE 6 OF 8
With a copy to :
If to Clermont:
With a copy to:
With a copy, to:
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Mary M. McDaniel, Esquire
Attorney for City of Minneola
226 West Alfred Street
Tavares, Florida 32778
Mayor
City of Clermont
Post Office Box 120219
Clermont, Florida 34712-0219
WaYne Saunders, City Manager
City of Clermont
Post Office Box 120219
Clermont, Florida 34712-0219
Leonard H. Baird, Jr.
Attorney for City of Clermont
Post Office Drawer 121066
Clermont, Florida 34712-1066
Notices, consents, approvals, waivers and elections shall be
deemed given when received by the party for whom intended at such
party's address first herein specified, or such other address as
such party may have substituted therefor by notice to the other.
10.2. Disclaimer of Third Party Beneficiaries. This
Agreement is solely for the benefit of the Cities, and no right or
cause of action shall accrue upon or by reason hereof, to or for
the benefit of any third party. Nothing in this Agreement either
expressed or implied is intended or shall be construed to confer
upon or give any person, corporation or governmental entity other
than the parties hereto any right, remedy or claim under or by
reason of this Agreement or any provisions or conditions hereof,
and all of the provisions, representations, covenants and
conditions herein contained shall inure to the sole benefit of and
shall be binding upon the parties hereto and their respective
representatives. successors and assigns.
10.3. Validity' of Aqreement. Minneola and Clermont each
represent and warrant to the other its respective authority to
enter into this Agreement, acknowledge the validity and
enforceability of this Agreement, and waive any future right of
defense based on a claim of illegality, invalidity, or
unenforceability of any nature. The two Cities hereby represent,
warrant and covenant to and with each other that this Agreement has
been validly approved by the Clermont City Council and the Minneola
City Council, that it has been fully executed and delivered by each
City, that it constitutes a legal, valid and binding contract
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INTERLOCAL AGREEMENT - CITY OF MINNEOLA
AND CITY OF CLERMONT - WATER SERVICE - PAGE 7 OF 8
enforceable by each City against the other City in accordance with
its terms.
O/h.?1 J Ü ~U.ðcÞ
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'---%ty C~~
CITY OF CLERMONT, FLORIDA
BY~
Clermont City Council
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INTERLOCAL AGREEMENT - CITY OF MINNEOLA
AND CITY OF CLERMONT - WATER SERVICE - PAGE 8 OF 8
Exhibit "A"
The Property consists of five (5) residential subdivisions
with the stated number of residential units located within the City
of Minneola east of Mohawk Road. These are specifically:
1.) High pointe Club, as described on that Plat recorded in
Official Record Books 38 Pages 75 and 76, Lake County, Florida, 52
units;
2.) Chelsea Parc, as described on that Plat recorded in Official
Record Books 37 Page 34, Lake County, Florida, 55 units;
3.) The Arbors, Phase I, as described on that Plat recorded in
Official Record Books' 38 Page 63, Lake County, Florida, 55 units;
The Arbors, Phase II, as described on that Plat recorded in
Official Record Book 39 Page 47, Lake County, Florida, 52 units;
4.) Eastridge, as yet an unrecorded plat, Lake County, Florida,
potentially 163 units; and
5. ) Country Ridge, as yet an unrecorded plat,
Florida, potentially 127 units.
Lake
County,
December 14, 1998
F:\APPL\WP51\MMC\MINNEOLA\CONTRACT\CLERMONT\2WATER.ILA
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CITY OF MlNNEOLA
P.O. BOX 678
MJNNEOLA, FL 34755
(352) 394-3598
(352) 394-0051 FAX
December 17, 1998
Wayne Saunders
City Manager
City of Clermont
P.O. Box 120219
Clermont, FL 34711
RE:
INTERLOCAL AGREEMENT FOR TEMPORARY WATER SERVICES
Dear Wayne:
Enclosed please find two (2) original executed Interlocal Agreements between
the City ofMinneola and the City of Clermont for provision of temporary water services.
The enclosed agreement has been revised to reflect the requested changes outlined in
your correspondence dated October 19, 1998. After you have obtained the Mayor &
Clerk's signatures on both copies, please return one (1) original for my files and retain a
copy for your files.
Should you have any questions regarding the enclosed, please do not hesitate to
contact my office at (352) 394-6198. 1 ( q 1
I sl~C~y, '1"'\('\ c-\ n (, ~
~, I^ I . ~ ".1.. ç:u .. ¡)&
Mary A\Ludwi
Deputy to the Mayor
Cc:
Gene Strickland, Mayor
Mary M. McDaniel, Esq.
saundersagreement