HomeMy WebLinkAboutIII (D) Approval and Authorization for Mayor and City Clerk to execute Emergency Water Supply Interconnect and Easement Agreement with Orange County AGENDA 9-3-96
Ocoee Item III D
yl a�a
E4) gler
OF Goo°` JAMES W.SHIRA,P.E.
CITY ENGINEER/UTILITIES DIRECTOR
150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761
PHONE(407)656-2322 EXT.142•FAX(407)656-7835
MEMORANDUM
DATE: August 27, 1996
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E.
City Engineer/Utilities Director
SUBJECT: Emergency Water Interconnect
On November 7, 1995 the City Commission authorized the Mayor and City Clerk to
execute an Agreement between Ocoee and Orange County for an emergency interconnect
between the two water systems.
The executed documents were sent to Orange County for execution by the Orange County
Board of County Commissioners.
For several reasons, none of which are worth recounting, the County did not execute the
Agreement until August 13, 1996. Due to the time lapse, the Agreement was retyped to
include current dates, and it is this current version that you have before you.
A copy of my original staff report and a copy of the Agreement executed by the City
Commission are attached for your reference.
The current version contains identical language to the original.
I recommend that the City Commission authorize the Mayor and City Clerk to execute
this Orange County/City of Ocoee Emergency Water Interconnect and Easement
Agreement.
JWS/jbw
Attachments
THE PRIDE OF WEST ORANGE
• •ee
iti•
/. r .fir`.k+.:
Of ao JAMES W.SHIRA,P.E.
CITY ENGINEER/UTILITIES DIRECTOR
150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761
PHONE(407)656-2322 EXT.142•FAX(407)656-7835
MEMORANDUM
DATE: October 26, 1995
TO: The Honorable Mayor and Board of City Commissioners
FROM: James W. Shira, P.E.
City Engineer/Utilities Director
SUBJECT: Orange County/City of Ocoee
Emergency Water Supply Interconnect Agreement
Both the City of Ocoee and Orange County supply potable water to businesses and residences in
this area. The two utilities have service areas which are contiguous, and have major water lines
which are, in some cases, within fifty feet of each other.
We have determined that the water supply and storage needs of the City through the year 2014 can
be met with the improvements currently underway at the Forest Oaks and South water plants.
During that period, an alternate water supply will be required only in the event of a failure of one
of these two plants.
In order to avoid construction of a new water plant, City staff examined alternatives which would
provide a high degree of reliability and redundancy in the event of a catastrophic failure of one
of the City's existing water plants.
The attached Agreement provides for such an emergency supply, by allowing for a direct
connection between the City of Ocoee water system and the Orange County water system. This
connection would be activated only in the event of an emergency, and will be the first of several
connection points between the two systems.
This interconnect agreement provides both utilities with a high degree of redundancy and
reliability at a very low capital cost, and essentially zero operating cost.
I recommend that the City Commission authorize the Mayor and City Clerk to execute this Orange
County/City of Ocoee Emergency Water Supply Interconnect Agreement.
THE PRIDE OF WEST ORANGE
ORANGE COUNTY/CITY OF OCOEE
EMERGENCY WATER SUPPLY INTERCONNECT AGREEMENT
THIS AGREEMENT is made and entered into this day of , 1995,
by and between the CITY OF OCOEE, an incorporated city of the State of Florida, whose address
is 150 North Lakeshore Drive, Ocoee, Florida 34761, hereinafter referred to as "CITY", and
ORANGE COUNTY, a political subdivision of the State of Florida, whose address is Post Office
Box 1393, Orlando, Florida 32802, hereinafter referred to as "COUNTY."
WITNESSETH:
WHEREAS, COUNTY operates water treatment and distribution systems located in
Orange County and desires to utilize the CITY water supply system for an emergency water
supply source on an "as needed" basis; and
WHEREAS, CITY operates water treatment and distribution systems located within the
service area of the CITY as defined by an interlocal agreement with the County, and desires to
utilize the COUNTY water supply system for an emergency water supply source on an "as
needed" basis; and
WHEREAS, CITY desires to have an emergency interconnect for the West Oaks Mall
PUD which is near the corner of Clarke Road and Highway 50; and
WHEREAS, the parties agree to enter into this Emergency Water Supply Interconnect
Agreement (hereinafter referred to as "Agreement") in order to provide emergency water service
between CITY and COUNTY upon the terms and conditions hereinafter set forth.
1
NOW, THEREFORE, in consideration of the premises hereof and in consideration of the
mutual advantages arising hereunder, and of other good and valuable consideration, the receipt
and sufficiency whereof is hereby acknowledged, the parties hereto agree as follows:
SECTION 1. .DEFINITIONS. The parties agree that in construing this Agreement, the
following words, phrases, and terms shall have the following meanings unless the context indicates
otherwise:
1.1 "Providing Entity" means the entity which is providing emergency water service
pursuant to this Agreement.
1.2 "Receiving Entity" means the entity which is receiving emergency water service
pursuant to this Agreement.
1.3 "Requesting Entity" means the entity which is requesting emergency water service
pursuant to this Agreement.
SECTION 2. INTERCONNECTS.
2.1 CITY hereby requests, and COUNTY hereby agrees, to an emergency water supply
interconnect of that certain property located near the corner of Highway 50 and Clarke Road
(hereinafter referred to as the "West Oaks Mall PUD"), pursuant to interconnection points as set
forth on the plans attached herein and incorporated herein as Exhibit "A". In order to facilitate
said interconnection, COUNTY hereby grants to CITY an easement over County property as
depicted in the plans attached hereto as Exhibit "A" for the sole and exclusive purpose of
constructing a twelve (12) inch water line on property described in Exhibit "B", which is attached
hereto and incorporated herein by reference. CITY shall not damage or disturb any improvements
located on the County property or otherwise interfere with the County system in the course of
constructing its water line on the County property. -
2
2.2 In consideration for the interconnect granted by Section 2.1 above, CITY agrees
to grant to COUNTY at least one emergency water supply interconnection at a location to be
mutually agreed upon and to grant any necessary easements or licenses on connection therewith.
COUNTY agrees that it shall not damage or disturb any improvements located on the City
property or otherwise interfere with the City system in the course of constructing its water line
on the City property.
2.3 Either party may from time to time make a written request to the other for
additional interconnects. In the case of the City, the City Commission and in the case of the
County, the County Chairman (or her designee), or the County's Director of Public Utilities,
whichever is applicable, may reject or accept, in writing, such request for interconnect conditioned
upon available water volumes and pressure. The emergency water supply interconnect referenced
in Section 2.2 above and any future interconnects which may be mutually agreed to by the parties
hereto shall be.evidenced by a written Letter Agreement executed by the parties hereto. Any such
Letter Agreement chart identify the location of the emergency water supply interconnection and
any necessary easements. Further, any such Letter Agreement shall be subject to the terms,
conditions and provisions of this Agreement. The Requesting Entity shall be responsible for the
installation, maintenance, calibration and operation of a water flow meter at the point(s) of
interconnection. The cost of installation and maintenance of a water flow meter(s) shall be the
responsibility of the Requesting Entity. The meter(s) shall be calibrated upon installation and
every twelve (12) months, or sooner, if required. The Requesting Entity shall be responsible for
all construction and maintenance costs of the interconnection of its water distribution system and
said construction and maintenance of the interconnection shall be subject to the supervision,
inspection and approval of the Providing Entity. The Requesting Entity shall be responsible for
3
•
the preparation of engineering plans and specifications for the interconnect and receipt of all
necessary State and local permits for said construction requested. Engineering plans and
specifications prepared by the Requesting Entity are subject to review and approval by the
Providing Entity, which approval will not unreasonably be withheld, prior to commencement of
construction.
• SECTION 3. SERVICES AND RATES. CITY's supply of emergency water service to
COUNTY shall be at the CITY's then prevailing standard water rate and COUNTY's supply of
emergency water service to CITY shall be at the COUNTY's then prevailing standard water rate;
provided, however, that if either party uses the other's water pursuant to this Agreement for a
period of. longer than ninety (90) consecutive days or ninety (90) cumulative days within a
calendar year, then the Receiving Entity shall be required to pay the then current water service
connection fees charged by the Providing Entity, within thirty (30) days of written request by the
Providing Entity or to, alternatively, be disconnected from the Providing Entity's water system.
SECTION 4. TEMPORARY UTILIZATION OF INTERCONNECT. It is further
agreed that the emergency water supply interconnection shall be utilized only at the time of
equipment failure or other emergency conditions to temporarily provide water service to the
customers of the Receiving Entity. The interconnection is not to be used to provide permanent
service for any portion of the.CITY's or COUNTY's service area. It is the intent of this
Agreement for water to be provided from the Providing Entity to the Requesting Entity only in
the event of an emergency such as a fire, equipment failure, flood, hurricane or other unforeseen
and unexpected mechanical problem or natural disaster which interrupts the ability of the
Requesting Entity to provide service. Unanticipated growth or failure to adequately plan capital
infrastructure, are examples of events which shall not be deemed emergencies.
4
SECTION 5. BILLING AND PAYMENT. Bills shall be based on meter readings taken
by the Providing Entity in accordance with standard billing policies of the Providing Entity.
SECTION 6. COLLECTION OF CHARGES. CITY and COUNTY shall each be
responsible for the collection of the service charges for their customers being served within their
respective service area, and the failure to collect such service charges or fees shall not relieve
either from payment to the other of the charges as set forth in this Agreement.
SECTION 7. NON-PERMITTED USE. CITY and COUNTY agree that they will not
allow any illegal, unauthorized or non-permitted use of any of the emergency water system
interconnects.
SECTION 8. AVAILABILITY OF SERVICE. Subject to Section 9 and other
conditions of use in this Agreement, CITY and COUNTY agree to make available emergency
water service as soon as each emergency interconnect between CITY and COUNTY systems has
been completed in accordance with the approved plans and specifications.
SECTION 9. CURTAILMENT OF SERVICE. CITY and COUNTY stipulate that this
Agreement does not guarantee that water capacity will be available. Emergency water supply may
be curtailed by the Providing Entity in the event a simultaneous emergency water need exists
within its system. Further, conditions resulting from equipment or power failures or other acts,
whether or not in the nature of an emergency, which would cause the termination or material
diminishment of water service to the Providing Entity's customers shall be a basis to withhold
approval of the emergency service and, if necessary, to disconnect service if it is determined by
the Providing Entity that providing such service would result in adverse impacts on the health,
welfare and safety of the public or an inability to provide service to its customers.
5
SECTION 10. NOTICE OF NEED AND TERMINATION.
10.1 Upon determination that emergency water supply is required, the Receiving Entity
must immediately verbally notify the Providing Entity that service is required and the nature of
the emergency prior to commencement of the emergency service. The Receiving Entity will
notify the Providing Entity in writing within forty eight (48) hours after commencement of the
emergency service of the expected date of termination of the emergency water supply utilization
if it has not yet terminated such use. Notification shall be made by personal delivery or certified
mail, return receipt requested, as follows:
' To County: Director
Orange County Public Utilities Division
109 East Church Street
Orlando, Florida 32801
To City: Utility Director
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761-2258
10.2 Security devices shall be installed at each interconnect to prevent unauthorized use
of the water interconnect. An authorized representative of either the CITY or COUNTY may
determine the emergency need and commence emergency use of the water interconnect.
Emergency use of the water through the interconnect requires immediate verbal notification to the
Providing Entity from the Receiving Entity.
The CITY and COUNTY shall maintain a listing of contact persons who are available on
a twenty four (24) hour basis to be verbally notified that the interconnect is being used for
emergency service. The CITY and COUNTY agree to promptly respond to any request by the
Receiving Entity to commence the emergency service.
6
SECTION 11. TEMPORARY CESSATION OF SERVICES. It is agreed that any
temporary cessation or diminishment of emergency water supply services by the Providing Entity,
resulting from necessary maintenance work, breakdown or damage to machinery, pumps, or pipe
lines, acts of God, fire, strikes, casualty, insurrection, riot, civil disorder, or military authority
shall not constitute a breach of this Agreement on the part of either party, and neither party shall
be liable to the other for damage resulting from such temporary cessation or diminishment of
services; provided, however, that the parties hereto shall notify the other party in the event they
reasonably anticipate a temporary cessation or diminishment of services to be provided under the
terms of this Agreement.
SECTION 12. HOLD HARMLESS. Consistent with applicable state law, including
but not limited to Chapter 768, Florida Statutes, CITY and COUNTY each agree to hold the other
harmless from the negligent acts or omissions of itself, its officers, employees or agents and to
pay all legal fees and costs incurred in defending any claim arising from such negligent acts or
omissions.
SECTION 13. OPTION TO DISCONNECT. If there is a failure by the Receiving
Entity to pay the amount due within thirty (30) days after a delinquent notice is received by the
Receiving Entity, then the Providing Entity has the option to disconnect the emergency water
service supply interconnect. Reconnection shall not occur until all amounts due are paid in full.
To the extent permitted by law, CITY and COUNTY agree to indemnify and hold harmless each
other and pay all attorneys fees and costs that may arise from any claim by a customer of CTTY's
water system or COUNTY's water system over the provision or discontinuance of emergency
water service provided hereunder by a Providing Entity to a Receiving Entity. The parties do not
intend there to be any third party beneficiaries to this Agreement.
7
SECTION 14. SEPARATE AND DISTINCT AGREEMENT. CITY and COUNTY
agree that this Agreement is separate and distinct from any existing or future agreement executed
between CITY and COUNTY for the purchase and sale of water services and this Agreement is
for the sole purpose of addressing any emergency water supply interconnect(s) between CITY and
COUNTY. The exact interconnection point(s) for this Emergency Interconnect Agreement for
properties other than the West Oaks Mall PUD have not yet been determined, and will be decided
from time to time by execution of Letter Agreements between the parties. It is intended that any
interconnect will be installed as near as feasible to the CITY/COUNTY Utility Service Area
boundary. All pipes and appurtenances installed by the Requesting Entity on the Providing
Entity's side of the emergency interconnect shall become the property of the Providing Entity,
unless otherwise modified by an extended letter agreement.
SECTION 15. ASSIGNMENT - TERM. This Agreement shall be binding on the
parties hereto for a period of five (5) years from the Effective Date. This Agreement shall
automatically be extended for additional periods of five (5) years unless written notice of intent
to terminate is given by one party to the other party no later than one (1) year prior to the
expiration of each five (5)year term of this Agreement. Neither party shall assign this Agreement
or the rights and obligations to any third party without the written consent of the other party to
this Agreement. No modifications to this Agreement or waivers of any provisions contained
herein may occur unlessin writing and signed by both parties_
SECTION 16. DEFAULT: NOTICE: PROPER FORM. In the event of a default
by Receiving Entity under the provisions herein, the Providing Entity shall have the option of
discontinuing service not sooner than thirty (30) days from the time it notifies the Receiving
Entity.
8
IN WITNESS WHEREOF, the parties hereunto have executed this instrument on the day,
month and year first written in three (3) counterparts, each of which shall be deemed an original.
ORANGE COUNTY, FLORIDA
By:
County Chairman
DATE:
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
BY:
Deputy Clerk
FOR THE USE AND RELIANCE OF ORANGE
COUNTY ONLY. APPROVED AS TO FORM
19
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN to and subscribed freely and voluntarily for the purposes therein expressed before
me by LINDA A. CHAPIN, ORANGE COUNTY CHAIRMAN, known to be to be the person
described in and who executed the foregoing this _ day of , 1995.
Notary Public
Printed Name:
My Commission Expires:
9
CITY OF OCOEE, FLORIDA
d -
BY:
S. Scott Vandergrift, Mayo
DATE: No 6 9, / 97.1
ATTEST:
I Grafton, City Jerk
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD
FLORIDA, APPROVED AS TO FORM ON THE ABOVE DATE UNDER
AND LfrGALITY S 7 DAY AGENDA ITEM NO.T1T1..
OF WOU`{iVri , 1995.
FOLEY LA1fc6t . 1J
RDNE
B �-
Y-
City Attorney
•
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN to and subscribed freely and voluntarily for the purposes therein expressed before
me by S. Scott Vandergrift, Mayor of the City of Ocoee, Florida, known to be to be the person
described in and who executed the foregoing this']iday of N ev e M B E . , 1995.
WITNESS my hand and official seal in the County and State last aforesaid this'rtday of
NovEtheEa , 1995. -
VAYt. MARIAN B GREEN kLt1L La.Ist ) JAI)li
AJ
tuy Corrxnbaon CCd134d1 Notary Public a /�
17
* E Nov.04.,� Printed Name: M RRYA B.N R its
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'7'ompo Boo- -5878 My Commission Expires: t1-'ti--9 g
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SKETCH AND LEGAL DESCRIPTION
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DESCRIPTION .
PROPOSED UTILITY EASEMENT
A portion of the Northwest Quarter of the Southwest Quarter of the
Northwest Quarter of the Northeast Quarter of Section 21 , Township .
22 South, Range 28 East, of Orange County, Florida, being more
particularly described as follows;
Commence at the Northwest corner of said Northeast Quarter of Section
21 , said corner being on the centerline of Clark Road; thence proceed
South 00° 10'51 'West along said centerline for 837.15 feet; thence South
89°49'09'East for 50.00 feet to a point on the East right-of-way line of
Clark Road. said point being the Point of Beginning; thence continue
South 89°49'09'East for 10.00 feet; thence South 00° 1 0'S 1 'West for 35.00
feet; thence North 89°49'09'West for 10.00 feet to a point on said East
right-of-way line of Clark Road; thence North 00° 1 0'S 1 'East along said
East right-of-way line for 35.00 feet to the Point of Beginning.
Containing 350 square feet more or less.
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NOTE ; LEGEND
m I. THIS IS NOT A SURVEY.
01 2. BEARINGS ARE BASE ON THE CENTERL INE OF P.O.B.= POINT OF BEGINNING
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> CLARK ROAD. BEING S.00°10'51.11. R/W= RIGHT-OF-MAY
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COR= CORNER
SEC= SECTION
SURVEYOR'S CERT IF ICAT ION c° CENTERLINE
I HEREBY CERTIFY: That the attached
meets the Minimum Technical Standards adopted
by the Florida Board of Surveyors and Mappers.
c Chapter 61 GI 7-6 .A.C.
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ORANGE COUNTY/CITY OF OCOEE
EMERGENCY WATER SUPPLY INTERCONNECT AND EASEMENT
AGREEMENT
THIS AGREEMENT is made and entered into this \ day of ,
1996, by and between the CITY OF OCOEE, an incorporated city of the State of Florida, whose
address is 150 North Lakeshore Drive, Ocoee, Florida 34761, hereinafter referred to as "CITY",
and ORANGE COUNTY, a political subdivision of the State of Florida, whose address is Post
Office Box 1393, Orlando, Florida 32802, hereinafter referred to as "COUNTY".
WITNESSETH:
WHEREAS, COUNTY operates water treatment and distribution systems located in
Orange County and desires to utilize the CITY water supply system for an emergency water
supply source on an"as needed" basis; and
WHEREAS, CITY operates water treatment and distribution.systems located within the
service area of the CITY as defined by an interlocal agreement with the COUNTY, and desires
to utilize the COUNTY water supply system for an emergency water supply source on an "as
needed" basis; and
WHEREAS, CITY desires to have an emergency interconnect for the West Oaks Mall
PUD which is near the corner of Clarke Road and Highway 50; and
WHEREAS, the parties agree to enter into this Emergency Water Supply Interconnect and
Easement Agreement (hereinafter referred to as "Agreement") in order to provide emergency
water service between CITY and COUNTY upon the terms and conditions hereinafter set forth.
1
NOW,THEREFORE, in consideration of the premises hereof and in consideration of the
mutual advantages arising hereunder, and of other good and valuable consideration, the receipt
and sufficiency whereof is hereby acknowledged, the parties hereto agree as follows:
SECTION 1. DEFINITIONS. The parties agree that in construing this Agreement, the
following words, phrases, and terms shall have the following meanings unless the context
indicates otherwise:
1.1 "Providing Entity"means the entity which is providing emergency water service
pursuant to this Agreement.
1.2 "Receiving Entity"means the entity which is receiving emergency water service
pursuant to this Agreement.
1.3 "Requesting Entity"means the entity which is requesting emergency water service
pursuant to this Agreement.
SECTION 2. INTERCONNECTS.
2.1 CITY hereby requests, and COUNTY hereby agrees, to an emergency water
supply interconnect of that certain property located near the corner of Highway 50 and Clarke
Road(hereinafter referred to as the"West Oaks Mall PUD"), pursuant to interconnection points
as set forth on the plans attached herein and incorporated herein as Exhibit "A". In order to
facilitate said interconnection, COUNTY hereby grants to CITY an easement over COUNTY
property as depicted in the plans attached hereto as Exhibit"A"for the sole and exclusive purpose
of constructing a twelve (12) inch water line on property described in Exhibit "B", which is
attached hereto and incorporated herein by reference. CITY shall not damage or disturb any
improvements located on the COUNTY property or otherwise interfere with the COUNTY
system in the course of constructing its water line on the COUNTY property.
2.2 In consideration for the interconnect granted by Section 2.1 above, CITY agrees
to grant to COUNTY at least one emergency water supply interconnection at a location to be
mutually agreed upon and to grant any necessary easements or licenses in connection therewith.
COUNTY agrees that it shall not damage or disturb any improvements located on the CITY
property or otherwise interfere with the CITY system in the course of constructing its water line
on the CITY property.
2.3 Either party may from time to time make a written request to the other for
additional interconnects. In the case of the CITY, the City Commission and in the case of the
COUNTY, the County Chairman (or her designee), or the COUNTY's Director of Utilities,
whichever is applicable, may reject or accept, in writing, such request for interconnect
conditioned upon available water volumes and pressure. The emergency water supply
interconnect referenced in Section 2.2 above and any future interconnects which may be mutually
agreed to by the parties hereto shall be evidenced by a written Letter Agreement executed by the
parties hereto. Any such Letter Agreement shall identify the location of the emergency water
supply interconnection and any necessary easements. Further, any such Letter Agreement shall
be subject to the terms,conditions and provisions of this Agreement. The Requesting Entity shall
be responsible for the installation,maintenance, calibration and operation of a water flow meter
at the point(s) of interconnection. The cost of installation and maintenance of a water flow
meter(s) shall be the responsibility of the Requesting Entity. The meter(s) shall be calibrated
upon installation and every twelve (12) months, or sooner, if required. The Requesting Entity
shall be responsible for all construction and maintenance costs of the interconnection of its water
distribution system and said construction and maintenance of the interconnection shall be subject
to the supervision, inspection and approval of the Providing Entity. The Requesting Entity shall
be responsible for the preparation of engineering plans and specifications for the interconnect and
receipt of all necessary State and local permits for said construction requested. Engineering plans
and specifications prepared by the Requesting Entity are subject to review and approval by the
Providing Entity,which approval will not unreasonably be withheld, prior to commencement of
construction.
SECTION 3. SERVICES AND RATES. CITY's supply of emergency water service
to COUNTY shall be at the CITY's then prevailing standard water rate and the COUNTY's
supply of emergency water service to CITY shall be at the COUNTY's then prevailing standard
water rate; provided, however, that if either party uses the other's water pursuant to this
Agreement for a period of longer than ninety (90) consecutive days or ninety (90) cumulative
days within a calendar year, then the Receiving Entity shall be required to pay the then current
water service connection fees charged by the Providing Entity, within thirty(30) days of written
request by the Providing Entity or to, alternatively, be disconnected from the Providing Entity's
water system.
SECTION 4. TEMPORARY UTILIZATION OF INTERCONNECT. It is further
agreed that the emergency water supply interconnection shall be utilized only at the time of
equipment failure or other emergency conditions to temporararily provide water service to the
customers of the Receiving Entity. The interconnection is not to be used to provide permanent
service for any portion of the CITY's or COUNTY's service area. It is the intent of this
Agreement for water to be provided from the Providing Entity to the Requesting Entity only in
the event of an emergency such as a fire, equipment failure, flood, hurricane or other unforeseen
and unexpected mechanical problem .or natural disaster which interrupts the ability of the
Requesting Entity to provide service. Unanticipated growth or failure to adequately plan capital
infrastructure, are examples of events which shall not be deemed emergencies.
a
SECTION 5. BILLING AND PAYMENT. Bills shall be based on meter readings taken
by the Providing Entity in accordance with standard billing policies of the Providing Entity.
SECTION 6. COLLECTION OF CHARGES. CITY and COUNTY shall each be
responsible for the collection of the service charges for their customers being served within their
respective service area, and the failure to collect such service charges or fees shall not relieve
either from payment to the other of the charges as set forth in this Agreement.
SECTION 7. NON-PERMITTED USE. CITY and COUNTY agree that they will not
allow any illegal, unauthorized or non-permitted use of any of the emergency water system
interconnects.
SECTION 8. AVAILABILITY OF SERVICE. Subject to Section 9 and other
conditions of use in this Agreement, CITY and COUNTY agree to make available emergency
water service as soon as each emergency interconnect between CITY and COUNTY systems has
been completed in accordance with the approved plans and specifications.
SECTION 9. CURTAILMENT OF SERVICE. CITY and COUNTY stipulate that
this Agreement does not guarantee that water capacity will be available. Emergency water supply
may be curtailed by the Providing Entity in the event a simultaneous emergency water need
exists within its system. Further, conditions resulting from equipment or power failures or other
acts,whether or not in the nature of an emergency,which would cause the termination or material
diminishment of water service to the Providing Entity's customers shall be a basis to withhold
approval of the emergency service and, if necessary, to disconnect service if it is determined by
the Providing Entity that providing such service would result in adverse impacts on the health,
welfare and safety of the public or an inability to provide service to its customers.
5
SECTION 10. NOTICE OF NEED AND TERMINATION.
10.1 Upon determination that emergency water supply is required,the Receiving Entity
must immediately verbally notify the Providing Entity that service is required and the nature of
the emergency prior to commencement of the emergency service. The Receiving Entity will
notify the Providing Entity in writing within forty eight(48) hours after commencement of the
emergency service of the expected date of termination of the emergency water supply utilization
if it has not yet terminated such use. Notification shall be made by personal delivery or certified
mail, return receipt requested, as follows:
To County_ : Director
Orange County Utilities Division
109 East Church Street
Orlando, Florida 32801
To City: Utility Director
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761-2258
10.2 Security devices shall be installed at each interconnect to prevent unauthorized use
of the water interconnect. An authorized representative of either the CITY or COUNTY may
determine the emergency need and commence emergency use of the water interconnect.
Emergency use of the water through the interconnect requires immediate verbal notification to
the Providing Entity from the Receiving Entity.
The CITY and COUNTY shall maintain a listing of contact persons who are available on
a twenty four (24) hour basis to be verbally notified that the interconnect is being used for
emergency service. The CITY and COUNTY agrees to promptly respond to any request by the
Receiving Entity to commence the emergency service.
6
SECTION 11. TEMPORARY CESSATION OF SERVICES. It is agreed that any
temporary cessation or diminishment of emergency water supply services by the Providing Entity,
resulting from necessary maintenance work,breakdown or damage to machinery,pumps, or pipe
lines, acts of God, fire, strikes, casualty, insurrection, riot, civil disorder, or military authority
shall not constitute a breach of this Agreement on the part of either party, and neither party shall
be liable to the other for damage resulting from such temporary cessation or dimishment of
services;provided, however, that the parties hereto shall notify the other party in the event they
reasonably anticipate a temporary cessation or dimishment of services to be provided under the
terms of this Agreement.
SECTION 12. HOLD HARMLESS. Consistent with applicable state law, including but
not limited to Chapter 768, Florida Statutes, CITY and COUNTY each agree to hold the other
harmless from the negligent acts or omissions of itself, its officers, employees or agents and to
pay all legal fees and costs incurred in defending any claim arising from such negligent acts or
omissions.
SECTION 13, OPTION TO DISCONNECT. If there is a failure by the Receiving Entity
to pay the amount due within thirty (30) days after a delinquent notice is received by the
Receiving Entity, then the Providing Entity has the option to disconnect the emergency water
service supply interconnect. Reconnection shall not occur until all amounts due are paid in full.
To the extent permitted by law, CITY and COUNTY agree to indemnify and hold harmless each
other and pay all attorneys fees and costs that may arise from any claim by a customer of CITY's
water system or COUNTY's water systems over the provision or discontinuance of emergency
water service provided hereunder by a Providing Entity to a Receiving Entity. The parties do not
intend there to be any third party beneficiaries to this Agreement.
7
SECTION 14. SEPARATE AND DISTINCT AGREEMENT. CITY and COUNTY
agree that this Agreement is separate and distinct from any existing or future agreement executed
between CITY and COUNTY for the purchase and sale of water services and this Agreement is
for the sole purpose of addressing any emergency water supply interconnect(s) between CITY
and COUNTY. The exact interconnection point(s) for this Emergency Inteconnect Agreement
for properties other than the West Oaks Mall PUD have not yet been determined, and will be
decided from time to time by execution of Letter Agreements between the parties. It is intended
that any interconnect will be installed as near as feasible to the CITY/COUNTY Utility Service
Area boundary. All pipes and appurtenances installed by the Requested Entity on the Providing
Entity's side of the emergency interconnect shall become the property of the Providing Entity,
unless otherwise modified by an extended letter agreement.
SECTION 15. ASSIGNMENT - TERM. This Agreement shall be binding on the
parties hereto for a period of five (5) years from the Effective Date. This Agreement shall
automatically be extended for additional periods of five (5) years unless written notice of intent
to terminate is given by one party to the other party no later than one (1) year prior to the
expiration of each five(5)year term of this Agreement. Neither party shall assign this Agreement
or the rights and obligations to any third party without the written consent of the other party to
this Agreement. No modifications to this Agreement or waivers of any provisions contained
herein may occur unless in writing and signed by both parties.
SECTION 16. DEFAULT: NOTICE: PROPER FORM. In the event of a default by
Receiving Entity under the provisions herein, the Providing Entity shall have the option of
discontinuing service not sooner than thirty (30) days from the time it notifies the Receiving
Entity.
8
IN WITNESS WHEREOF,the parties hereunto have executed this instrument on the day,month
and year first written in three'(3) counterparts, each of which shall be deemed an original.
GOIMTP
.•�~~• �
.t® / °° t
2 G r ' ' ORANGE COUNTY, FLORIDA
- • eit'Ait
,,512, �° ON0County Chairman
DATE:
AUG. 13VS
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Bo of County Commissioners
BY:
Nest Deputy Clerk
FOR THE USE AND RELIANCE OF ORANGE
COUNTY ONLY. APPROVED AS TO FORM
A- 0 L,zt- l3 19 SG
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN to and subscribed freely and voluntarily for the purposes therein expressed
before me by Linda W. Chapin, ORANGE COUNTY CHAIRMAN, known to be the person
described in and who executed the foregoing this l 3 day of /-At 1.1yNs-1- , 1996.
k•--y&J,KA.)-d)
°y4.; TRISHA M.GRENNELL I '
: MY COMMISSION#CC316626 EXPIRES Notary Public
.o September,6.,UR7 T* rn �re.nre_11
%%,F;n°:��' 6ClmEp 7t$u TROY FAIN INSURANCE,INC. Printed Name: 2
My Commission Expires: }-Lflt.b.LA-1(-0 )\fl
9
CITY OF OCOEE, FLORIDA
BY:
S. Scott Vandergrift, Mayor
DATE:
ATTEST:
Jean Grafton, City Clerk
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD
FLORIDA,APPROVED AS TO FORM ON THE ABOVE DATE UNDER
AND LEGALITY THIS DAY AGENDA ITEM NO.
OF , 1996.
FOLEY& LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
SWORN to and subscribed freely and voluntarily for the purposes therein expressed
before me by S. Scott Vandergrift, Mayor of the City of Ocoee, Florida, known to me to be the
person described in and who executed the foregoing this day of , 1996.
WITNESS my hand and official seal in the County and State last aforesaid this_day of
, 1996.
Notary Public
Printed Name:
My Commission Expires:
10
CLARKE RD
EXIST. CURB & GUTTER
EXISTING SIDEWALK • • • ' •
12' CITY OF OCOEE-------- '
POTABLE WATER MODIFY EXIST. FENCE,
�•.�" • u�-PROVIDE 3'-0' WIDE GATE
Ql,r Q
celdct
N N B' BACKFLOW : a
w moo¢
'-' 24 ORANGE COUNT
METER ASSEMBLY w►-
Y POTABLE WATER •
w •
' EXISTING FENCE
•
D — TART I- WAT - R I \ TF RCS l \ \ ECT LA \
EXHIBIT "3"
•
SKETCH AND LEGAL. DESCRIPTION
50.00' -- - - - -
I P.O.C. I
NW COR. NE I/4 , Z .
I SEC 21-22-28 I 1
N 1Cc •
il
P-0.8.
. S89°49'09"E • 10.00' •
In 50.00' w PROPOSED
o ! o U, o� UTILITY
a 'I a `r' o 0 o EASEMENT
o . In 0
r,, = 0 0 oN
z N89° 49'09"W
' C. I + 1 0.00'
I ) .
• -- ----- NORTH R/W LINE
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in
I '
------- WHITE ROAD
DESCRIPTION -
PROPOSED UTILITY EASEMENT
A portion of the Northwest Quarter of the Southwest Quarter of the
Northwest Quarter of the Northeast Quarter of Section 21, Township .
22 South; Range 28 East, of Orange County, Florida, being more
particularly described as follows;
Commence at the Northwest corner of said Northeast Quarter of Section
21 , said corner being on the centerline of Clark Road; thence proceed
South OO° 10'S 1 'West along said centerline for 837.15 feet; thence South
89°49'09'East for 50.00 feet to a point on the East right-of-way line of
Clark Road, said point being the Point of Beginning; thence continue
South 89°49'09"East for 10.00 feet; thence South 00° 10'51 "West for 35.00
feet; thence North 89°49'09"West for 10.00 feet to a point on said East
right-of-way line of Clark Road; thence North 00° 10'51 "East along said
East right-of-way line for 35.00 feet to the Point of Beginning.
• Containing 350 square feet more or less.
fl •NOTE I LEGEND
m 1 I. T HIS IS NOT A SURVEY. P.0.8.: POINT OF BEGINNING I
°' 2. BEAR INGS ARE BASED ON THE CENTERLINE OF POINT DINT OF COMMENCMENT
> CLARK ROAD. BET.NG S.00°10.51•w. R/W: RIGHT-OF-WAY
o COR: CORNER
? SEC: SECTION
— SURVEYOR'S CERT IF ICAT ION • c: CENTERLINE
I HEREBY CERTIFY: That the attached
meets the Minimum Technical Standards adopted
by the Florida Board of Surveyors and Mappers.
c Chapter 6I G17-6 .A.C.
c / Date : NOV. 1 , 1995
L 1 ' �^. / i• -e iz1 r- 11//A5 Scale ; 1 "-30'
a ► sr r VANCE CARPER./R. 06-866.50
o Job No. •
POST. 8UC EY. SCHUH & JERNIGAN C. rofessional Surveyor and Mapper ____
1560 orange Ave.. suite 700 •
Florida Certificate No. 3598 F.B.
`O Ron LAWS IT KAM TMSIIiuTINR ma nit coaczt LL R"ISm S[LL a•PLa:To•LIMA= Drawn By : DKK
Winter Park. Flor.Ida 32789 Spa:me WPM TIM aTAPnc=UM PLAT a mus n no Drvwrm"LL memo �,/
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V Tel : 407/647-7275 a.T me I=moT v.LIo. Chkd. By •_ 7
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