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1999-01 .I. -. . . 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 0, . . 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. "> .8 8 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 °, 8 8 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 " 8 8 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 .8 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: 8 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 .8 8 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 /5~S)~ '---%ty C~~ CITY OF CLERMONT, FLORIDA BY~ Clermont City Council " - ""'" ( . -', ", .' '. . , - . , 8 8 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 , - . . ----------- 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