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HomeMy WebLinkAboutInterlocal with Cocoa Beach regarding Port Sewage 7 " L 1 I!IIhihIiII/III III/II IIIIIIii, ii , iiiiiiii,i ii iiiii ii i iiiii i ,iii rd o w Cra and oo C Clerk Of Courts, Brevard County OR BoowPage: 4 60 a 02 l.O8 am Trust: 4 #Names 17.00 TERLOCAL AGREEMENT 2 S. Trust: 2.50 Rec: 17.00 Serv:0.00 q Deed: 0.00 Excise: 0.00 ‘ Mtg: 0.00 Int Tax: 0.00 Co m THIS INTERLOCAL AGREEMENT is made this 20th day of Apri 1 , v 2000, by and between the CITY OF COCOA BEACH, FLORIDA, a Florida municipal 3 � corporation (hereinafter referred to as "Cocoa Beach "), and the CITY OF CAPE CANAVERAL, \ 1" _ a Florida municipal corporation (hereinafter referred to as "Cape Canaveral "), collectively referred i 3 to as the "parties ". X ()� ci WHEREAS, Cape Canaveral pursuant to a Sewer Franchise Agreement dated April 22, ( © , 1970 provides sewer services to Canaveral Port Authority ( "Port"); and • WHEREAS, the Franchise Agreement terminates April 30, 2000; and WHEREAS, Cocoa Beach, effective May 1, 2000 shall provide sewer services to the Port; and WHEREAS, Cape Canaveral presently holds certain deposits as security for payment which the parties desire to transfer to Cocoa Beach once all charges for services has been paid in full. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein 1 I contained, it is agreed as follows: 1. INCORPORATION OF RECITALS. The foregoing recitals are true and accurate and are incorporated herein by reference. 2. REPRESENTATIONS OF COCOA BEACH. Cocoa Beach makes the following , representations to Cape Canaveral: 1 1 (a) Cocoa Beach is duly organized and in good standing under the laws of the State of Florida and is duly qualified and authorized to carry out the governmental functions and 1 1 operations set forth in this Agreement. (b) Cocoa Beach has the power, authority, and legal right to enter into and 1 I 1 perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Cocoa Beach (i) has been duly authorized by the City Commission of the City of Cocoa Beach; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance, or security interest upon the assets of Cocoa Beach, except as otherwise provided herein. 1 . 3. REPRESENTATIONS OF CAPE CANAVERAL. Cape Canaveral makes the following representations to Cocoa Beach: I (a) Cape Canaveral is duly organized and in good standing under the laws of the 1 State of Florida and is duly qualified and authorized to carry out the governmental functions and operations set forth in this Agreement. 1 (b) Cape Canaveral has the power, authority, and legal right to enter into and perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Cape Canaveral (i) has been duly authorized by the City Council of the City of Cape Canaveral; (ii) does not constitute a default under, or result in the creation of any lien, charge, 1 encumbrance, or security interest upon the assets of Cape Canaveral, except as otherwise provided herein. 4. STATUTORY AUTHORITY. This Agreement shall be considered an Interlocal Agreement pursuant to Chapter 163.01, Florida Statutes. A true and correct copy of this Agreement shall be filed with the Clerk of the Circuit Court in Brevard County. 1 1 1 5. TRANSFER OF DEPOSITS. Cape Canaveral agrees that the deposits held by Cape Canaveral (through its billing agent - The City of Cocoa) shall be assigned to Cocoa Beach I I ll 502 OR Book/Page: 4 160 / 1021 1 D i t I once each account balance is paid in full to Cape Canaveral and Cocoa Beach agrees to assume the i liability for each deposit upon transfer. 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion i of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision of such i holding, and such holding shall not affect the validity of the remaining portions hereof. 7. ATTORNEY'S FEES. In the event of any litigation hereunder to enforce or construe the terms of this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees and court costs incurred in such action. 1 i 8. ENTIRETY. This Agreement represents the entire understanding the parties hereto. 1 i Any amendments shall be in writing and signed by both parties. t 9. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 10. APPLICABLE LAW. The laws of the State of Florida shall govern the validity, interpretation, construction, and performance of this Agreement. Venue for any suit involving this Agreement shall be in Brevard County, Florida. i 11. WAIVER. Unless otherwise specifically provided by the terms of this Agreement, no delay or failure to exercise a right resulting from any breach of this Agreement shall impair such right or shall be construed to be a waiver thereof, but such right may be exercised from time to time and as often as may be deemed expedient. Any waiver shall be in writing and signed by the party granting such waiver. If any representation, warranty, or covenant contained in this Agreement is breached by any party and thereafter waived by the other party, such waiver shall be limited to the 3 INNUM CFN:2000083502 1 024 OR Book/Page: 4160 / I i s i a = particular breach so wa and shall not be deemed to waiver, either expressly or i mpl i edly, a 1 other breach of this Agreement. IN WITNESS W HEREOF, the parties have set their hands and seals on t st :.d. the dates below w x TM • X , k, CITY OF COCOA BEACH i r � r _ r . u N r k f i ' „ , CIT 411, LE y' te.c.,4.4, LS ' '�,•�� ♦ . i„ a' ♦ ;:;.;, ---. O f t ` _ 1 09, V�+li 1 L •• , °� `� MAYOR / ir 41 `' - : . . - -; t, ; ��. Dated:_____Apri t24, 2000 . „r dA ' �� i.,.rl' ,'Y r "' ± , r . ,. f fa C � X CITY CAPE CANAVERAL 1 it fi, j . .. r ,J e. i t ,,c ,i Y r ,,--•:.../.;,,,,,:,...., a Sar�o r . i. By: ', c-- 0 �,gttf EERK Rocky C-: - . 5--- - , :4 - 4......efir.L.Q . ° } ° f ° "` Randels MA OR R ir p 17 ` Dated: 1 1 AllIAII 2 5 N:20p OR BooWPa9e• 4�6 4