HomeMy WebLinkAboutCB Interlocal Reuse 1st Amendment 1996 2
i l FIRST AMENDMENT
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INTERLOCAL AGREEMENT
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THIS AMENDMENT is entered into this 6th day of February , 1996, by and
between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation I
( "Cape Canaveral "), and the CITY OF COCOA BEACH, FLORIDA, a Florida municipal
corporation ( "Cocoa Beach "), as follows:
WHEREAS, Cape Canaveral and Cocoa Beach entered into that certain Interlocal
Agreement dated April 6, 1994, recorded in Official Records Book 3382, Page 2717 of the
Public Records of Brevard County, Florida ( "Interlocal Agreement "); and
WHEREAS, the parties desire to amend the Interlocal Agreement as hereinafter set
forth.
NOW, THEREFORE, the parties hereto agree as follows:
1 1. The foregoing recitals are true and correct and are hereby incorporated by
reference.
2. Subparagraph (b) of Paragraph 6 is hereby amended to include a change in the
date of commencement of service from July 1, 1995 to December, 31, 1996.
3. Subparagraph (f) of Paragraph 7 is hereby deleted in its entirety, and the following
is adopted in lieu thereof:
7(0 Each party shall bear its own expense to construct improvements and
1 E infrastructure necessary to insure efficient transfer and distribution of treated effluent
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pursuant to the terms of this Agreement. All necessary construction performed by Cape
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Interlocal Agreement Amendment
Between Cape Canaveral and Cocoa Beach
Page 2
Canaveral shall be paid for by Cape Canaveral and all construction performed by Cocoa
Beach will be paid for by Cocoa Beach. Provided, however, costs incurred by Cocoa
Beach to construct a twelve -inch (12 ") dedicated reuse main for the City of Cape
1 Canaveral which will convey Cape Canaveral's effluent into the Cocoa Beach proposed
ground storage tank immediately south of State Road 520, shall be reimbursed at actual
construction cost by Cape Canaveral, within thirty (30) days of acceptance by both 1
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parties of completion of construction. The City of Cocoa Beach will retain ownership and
1 maintenance responsibilities of the twelve (12) inch dedicated reuse main located within
i E limits. The City of Cocoa Beach shall not tap into or modify said
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its corporate city ts. e y
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dedicated reuse main as referenced herein and said main shall not be utilized for any
other purpose during the term of this agreement.
4. Paragraph 8 is hereby amended as follows: Distribution Amount. On and after
the Commencement Date, Cocoa Beach agrees to accept treated effluent from Cape Canaveral
in an amount equal to 750,000 gallons per day ( "Distribution Amount ") subject to reduction or
cessation by Cocoa Beach during wet weather, or due to maintenance /failure of either parties
wastewater or re ystems. The Distribution Amount shall remain fixed for each three (3) year
period of this Agreement; the first such period shall begin on the Commencement Date. Cape
Canaveral and Cocoa Beach shall, one (1) year prior to the expiration of each three (3) year
term, negotiate any adjustments to the Distribution Amount. Such adjustments to the
Distribution Amount shall be made only upon mutual agreement of the parties. In the event that
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Interlocal Agreement Amendment
Between Cape Canaveral and Cocoa Beach
Page 3
the parties fail to adjust the Distribution Amount, the Distribution Amount for the immediately
following three (3) year period shall remain at its then current level.
4. Paragraph 9 is hereby amended as follows: Ninety (90) days prior to the
commencement date, operating protocols shall be mutually established such that both systems
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may operate as an integrated reclaimed water system or such that both systems may also operate
independent of each other.
IN WITNESS WHEREOF, the parties have set their hands and seals on the date first
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above written.
1 ATTEST: CITY OF APE CANAVERAL
— 1, , fiV„„,,s : • _/ _..■—f
Sandra O. Sims, CITY CLERK ohn K. Porter
ATTEST: CITY OF COCOA BEACH
0,.._ � 0_rit„.V.L Y
B
Loredana Kalaghchy, Y C . s seph R. org. , MAYOR
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