Emergency Water Interconnect Agrmnt w/City of Lk Mary (from 1986)EMERGENCY WATER SUPPLY INTERCONNECT AGREEMENT
THIS AGREEMENT is made and entered into this IAI- day
of A. D. 1986, by and between the CITY OF
SANFORD, a political subdivision of the State of Florida, whose
address is Post Office Box 1778, Sanford, Florida 32772-1778,
hereinafter referred to as SANFORD, and the CITY OF LAKE MARY, a
Florida municipal corporation, whose address is Post Office Box
725, Lake Mary, Florida 32746, hereinafter referred to as LAKE
NARY.
W I T N E S S E T H:
WHEREAS, SANFORD operates- water treatment and
distribution systems located in the City of Sanford and desires
to utilize the LAKE MARY water supply system for an emergency
water supply source; and
WHEREAS, LAKE MARY operates water distribution systems
and a water treatment system and desires to utilize `the SANFORD-
water supply system for an emergency water supply source; and
WHEREAS, SANFORD and LAKE MARY have been encouraged by
the State of Florida, Department of Environmental Regulation to
seek a secondary service pursuant to their emergency water supply
needs; and
WHEREAS, the parties desire to enter into an Emergency
later Supply Interconnect Agreement to provide emergency water
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service between SANFORD and LAKE MARY upon the terms and
:onditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises hereof
ind in consideration of the mutual advantages arising hereunder
nd of other good and valuable consideration, the receipt and
ufficiency whereof is hereby acknowledged, the parties hereto
gree as follows:
1. SERVICES AND PRICE. SANFORD agrees to supply
mergency water service to LAKE MARY and LAKE MARY agrees to
upply emergency water service to SANFORD for a wholesale price
of $1.25/1,000 gallons. This price:may be revised from time to
time by written modification of this Agreement by both parties.
2. TERM. This Agreement shall continue in effect from
the date of complete execution and delivery hereof and thereafter
until terminated by mutual agreement.
3. 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 relieve a temporary cessation of water
service. The interconnection is not to be used to provide
permanent service for any portion of LAKE MARY's or SANFORD's
average daily flow.
4. BILLING AND PAYMENT. All charges provided for in
'aragraph 1 shall be paid by SANFORD or LAKE MARY, whichever is
:he government entity being served, within thirty (30) days of
-eceipt of the corresponding bill. Prompt payment by the
-eceiving party is of the essence of this Agreement. If any
;ayment is not made in full when due, the delinquent amount shall
ear interest at a rate of ten percent (10%) per annum, plus any
.egal and administrative costs resulting from the delay in
iayment or enforcement of same.
5. PLANS AND SPECIFICATIONS. SANFORD and LAKE MARY
;hall provide equally for the engineering plans and
;pecifications for each interconnection which shall be acceptable
.o both parties and subject to the Florida Department of
;nvironmental Regulation approval. SANFORD and LAKE MARY shall
squally be responsible for the installation, maintenance, and
peration of a suitable water flow meter at the points of
nterconnection. Cost of a water flow meter shall be equally
;hared by SANFORD and LAKE MARY (See Exhibit A). The meters
hall be calibrated every three (3) years or sooner if required
It an equal cost to both parties.. SANFORD and LAKE MARY shall
qually share all construction costs of the interconnection of
the water distribution system and said construction and
interconnection shall be subject to the supervision, inspection
and approval of SANFORD's Director of Utilities and LAKE MARY's
Engineer.
6. MAINTENANCE, OPERATION AND REPAIR. The entire
water systems of SANFORD and LAKE MARY shall, at all times, be
maintained, operated and kept in a state of repair which shall
meet all rules and regulations of all governmental agecies having
jurisdiction thereof, including the Florida Department of
Environmental Regulation and the U. S. Environmental Protection
Agency.
7. COLLECTION OF CHARGES. SANFORD and LAKE MARY shall
each be responsible for the collection of the service charges for
each unit being served within their respective jurisdictions, and
the failure to collect such service charge or fee shall not
relieve either from paying to the other the charges as set forth
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in this Agreement.
8. NON -PERMITTED USE. Both parties agree that they
will not allow any illegal, unauthorized or non -permitted use of
the service interconnections.
9. AVAILABILITY OF SERVICE. SANFORD and LAKE MARY
agree to make available emergency service as soon as the
emergency interconnection between SANFORD and LAKE MARY systems
las been completed in accordance with the approved plans and
>pecifications.
10. CURTAILMENT OF SERVICE. SANFORD and LAKE MARY
>tipulate that emergency water supply may be curtailed in the
event of a simultaneous emergency water need which would
ieopardize service to existing -customers for fire or emergency
)rotection or continue for such time as to constitute a health or
>afety condition to either party.
11. TEMPORARY CESSATION OF SERVICES. It is agreed that
any temporary cessation of water distribution services 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 of
service.
12. INDEMNIFICATION. Both parties shall respectively
indemnify and save the other harmless from and against all
liabilities, claims for damages, and suits for any injuries to
any person or persons or damages to any property of any kind,
including any and all costs and attorneys' fees, arising out of
or in any way connected with the services provide for in the
Agreement or from any act or omission in any manner related to
said services irrespective of negligence, actual or claimed, upon
the part of the other party, its agents or employees.
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13. SEPARATE AND DISTINCT AGREEMENT. Both parties
agree that this Agreement is separate and distinct from any
existing or future agreement executed between SANFORD and LAKE
MARY for the purchase and sale of water service and this
Agreement is for the sole purpose of addressing any Emergency'
Water Supply interconnect between SANFORD and LAKE MARY.
14. ASSIGNMENT. This Agreement shall be binding on the
parties hereto and their representatives and successors. Neither
party shall assign this Agreement or the rights and obligations
to any other party.
IN WITNESS WHEREOF, th.e parties hereto have executed
this instrument on the day, month, and year first above written
in two (2) counterparts, each of which shall. be deemed an
original.
(ATTEST�: CITY LAKE MARY, FFLLO/R(I�DjA- '
it t (L�' (( • (71 (1QJC B y :�'-
Date:3�0
kTTEST: CITY OF SANFORD, FLORIDA
B y : v
Date:
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