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HomeMy WebLinkAbout1994 - Interlocal Water Supply Agreement IRC & City of Sebastiant WATER SUPPLY AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE CITY OF SEBASTIAN, FLORIDA This Water Supply Agreement (the "Agreement") is made this day of , 1994, by and between INDIAN RIVER COUNTY, hereinafter referred to as "County" and the City of Sebastian, hereinafter referred to as "City." WHEREAS, the City is extending public water service to three PQe�� hundred forty (340) parcels east of U.S. 1 to the Indian River extending from the southern City limit to the northern City limit and known as the "Riverfront Water Project" and hereinafter referred to as "project;" and � WHEREAS the Cit desires to have the Count provide ► Y Y water to any customer which connects to the City system in the project area; and WHEREAS, the parties desire to reduce to writing their understandings and agreements, IT IS, THEREFORE, AGREED as follows: L� 1. PROJECT AREA: The County shall provide public water to 88Le- any customer which requests ubl is water in the project area during the term of this Agreement. The County will construct and operate all necessary water facilities to furnish water to the City at the delivery point for the City's water system in the amounts necessary to fulfill its obligations under this Agreement. The County shall be responsible for producing, treating and transmitting said water to the City. 2. TERM OF THE AGREEMENT: The term of this Agreement shall begin on the date of its execution and filing with the Clerk of the Circuit Court of Indian River County and end on the thirtieth (30th) anniversary of the date of the execution of this Agreement. 3. DRINKING WATER STANDARDS.: The County shall produce water which at a minimum meets all applicable state and federal public drinking water standards at the delivery point for public drinking water supplies as shall be established from time to time. The parties recognize that the production facilities are reverse osmosis facilities and the parties will use their best efforts to insure that the quality of water furnished is acceptable for public distribution in the City's system. 4. WATER CHARGE: For the water the County provides the City, the City shall pay the County a reasonable water charge. The water charge will be $ per thousand gallons of water and the County agrees that it shall provide water to no other customer on more favorable terms than it provides water to the City. The City and County shall adjust such water charge upon mutual agreement. 5. IMPACT OR CONNECTION FEES: Each water customer which connects to the City's system shall be charged a reasonable impact fee which shall be established by the County and approved by the City. The fee shall be based on the reasonable cost of providing the improvements to furnish public water service. 6. DELIVERY POINTS ON WATER MEASUREMENT: The County shall provide the City service at the south border of the City at a location which is mutually agreeable to the parties. The County shall measure all produced water delivered by it to the City at the City delivery point with a measuring device and equipment. The County shall maintain the measuring device to Osure accuracy. The City may, upon reasonable notice, read and inspect the measuring equipment and devices and record the measurements. If there is any disagreement as to the correctness of the measurements or accuracy of the measuring equipment, the City may test the measuring equipment. If the City and the County cannot agree as to the accuracy of the test, the parties shall have a right to have the measuring"equipment tested by a competent impartial third party mutually acceptable to the City and the County, and the decision of the third party shall be considered final as to the accuracy of the measuring equipment. 7. FIRE PROTECTION: The water which is supplied shall be at such pressure as shall be suitable for use for fire protection within the project area. "7,1 The water shall be delivered at the delivery point at pounds per square inch. The water shall be delivered at such a pressure and in such volumes that it will meet the standards which are generally recognized for providing fire protection for commercial enterprises and the general public in the project area. 8. FILING: After the execution of this Agreement, an original copy of this Agreement shall be filed with the Clerk of the Circuit Court of Indian River County. 9. SEVERABILITY: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. if IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first written above. ATTEST: CITY: THE CITY OF SEBASTIAN By. Kathryn M. O'Halloran CMC/AAE, City Clerk Name: ATTEST: County Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER Title: COUNTY: THE COUNTY OF INDIAN RIVER By. Name: Title: The foregoing instrument was acknowledged before me this day of , 1994, by as of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He/she is personally known to me or produced as identification. Printed Name: Commission Number: My Commission Expires: } STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 1994, by as of INDIAN RIVER COUNTY, FLORIDA, on behalf of INDIAN RIVER COUNTY. He/she is personally known to me or produced as identification. Printed Name: Commission Number: My Commission Expires: