HomeMy WebLinkAbout04-10-2006 School Board
TO:
COUNTY ADMINISTRATION
/
EMORANDUM
06-46
FROM:
Douglas M. Anderson, unty Administrator
DATE:
April 6, 2006
RE:
AGENDA JOINT MEETING WITH ST. LUCIE COUNTY SCHOOL
BOARD AND THE CITY OF FORT PIERCE
Attached please find the agenda submitted to us by the City of Fort Pierce for Monday's
Joint Meeting. Please note there Was no back up submitted by the City. Also please find
attached the backup from County staff.
DMA/ms 06-46
CITY OF FORT PIERCE
CITY COMMISSION AGENDA
Monday, April 10, 2006 - 9:00 a.m. to 12:00 p.m.
Joint Meeting with St. Lucie County School Board
and St. Lucie County Board of Commissioners
Fort Pierce Commission Chambers, 100 North US 1, Fort Pierce, Florida 34950
1. Call to Order: Mayor Robert J. Benton, City of Fort Pierce - Call to Order: Commissioner
Doug Coward, Chairman, Board of County Commissioners - Call to Order: Kathryn
Hensley, Chairperson, St. Lucie County School Board
2. Existing Joint Planning Agreement - St. Lucie County
· Overview and Assessment
3. A joint planning arrangement or charrette that encompasses the Jenkins Road area
bordered on south by St. Lucie River and Westwood to the north for the purpose of
establishing regional facilities in the area. Discussion will include the following: - Fort
Pierce
· Compatibility
· Density
· Roads
· Infrastructure Improvements
· Zoning Issues
· Regional Park Citings
4. Fort Pierce and St. Lucie County's Comprehensive Plans - Fort Pierce
5. Distribution of Approved Site Plans to All Entities - Fort Pierce
· County provides copies of approved site plans to the City
· City provides County with copies of site plans for projects in the County
· School Board provides copies of their site plans to both the City and County
6. Update on Skateboard Park - Fort Pierce
7. School Citings and Upgrades - Fort Pierce
· Building new Central High School on 25th Street
· Commitment to renovate Garden City Elementary
· Redirect traffic flow at Garden City Elementary
· Upgrades to Fort Pierce Magnet School of the Arts
8. Update on North County Plans for Growth and Replacement - School Board
9. High School Curricula Changes to Meet Needs - School Board
10. Downtown Parking Update - St. Lucie County
11. North Jenkins Road Neighborhood Plan Update - St. Lucie County
12. Public School Planning, Citing and Concurrency during Development Review - St. Lucie
County
13. Use of Public School Facilities for Community Hubs - St. Lucie County
14. Dedication/Transfer of 23rd Street Parking Area - St. Lucie County
15. Joint Planning Agreement - Fort Pierce & St. Lucie County
· Recommended Improvements and Refinements
16. Questions and Comments
17. Public Comment
18. Adjourn
ANY PERSON SEEKING TO APPEAL ANY DECISION BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING IS ADVISED THAT A RECORD OF PROCEEDINGS IS REQUIRED IN ANY SUCH APPEAL AND THAT SUCH PERSON MAY
'IEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE INCLUDING THE TESTIMONY AND EVIDENCE UPON
'HICH THE APPEAL IS TO BE BASED.
A GE.N DÄ rrf;(1\~
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COUNTY
ADMINISTRATOR
BOARD OF
COUNTY
COMMISSIONERS
DOUGLAS M. ANDEr-SON
March 10,2006
Mr. Dennis Beach
Fort Pierce City Manager
P. O. Box 1480
Fort Pierce, Florida 34954
RE: Joint Planning Agreement
Dear Dennis:
Thank you for your letter of January 31. The County's original Exhibit "A" is identical
to Exhibit "I" which was attached to the February 10,2004 Interlocal Agreement which was
approved by the City, the County and the Fort Pierce Utilities Authority. The County prefers
to use the draft Exhibit that was previously approved and not the revised Exhibit submitted
to the County with the January 31,2006 letter. As a suggestion to resolve the City's concern,
County staff proposes to add the following sentence from Paragraph 1 of the February 10,
2004 Interlocal Agreement to the Joint Planning Agreement: "Notwithstanding anything to
the contrary in this Agreement, the currently existing annexation agreement covering the St.
Lucie County A irport will remain in full force and effect and no party shall be deemed to have
waived any right or entitlement under the annexation agreement or any objection to the
annexation agreement by entering into this Agreement. II
Please note that the suggestion by County staff has not been reviewed or approved
by the Board of County Commissioners of St. Lucie County.
Please let me know if the suggested addition is acceptable to the City.
DMAI caf
Copy to:
JOSEPH E. SMITH. District No.1
2300 Virginia Avenue. Fort Pierce, FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428
FAX (772) 462-1648 · emoil: dougo@co.st-Iucie.fl.us
web sire: www.co.sr-Iucie.fl.us
Board of County Commissioners
County Attorney
. DOUG COWARD. District No.2' PAULA A. LEWIS. District No.:3 . FRANNIE HUTCHINSON, District NO.4' CHRIS CRAFT, District No.5
Counry Adminlsrrator - Douglas M. Anderson
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OFFICE OF THE CITY MANAGER
CITY HALL, 100 NORTH U.S. 1
P.O. BOX 1480
FORT PIERCE, FLORIDA 34954-1480
TEL (772) 460-2200
FAX (772) 467-9264
www.cityoffortpierce.com
January 31, 2006
Douglas M. Anderson, Administrator
S1. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34983
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Attached please find executed copies of the City's Joint Planning Agreement with 81. Lucie County.
Dear Mr. Anderson:
The approval of the Fort Pierce City Commission is contingent upon the revision of Exhibit A to reflect S1.
Lucie County airport property as a part of the joint planning agreement area. Included in the attached
executed agreement are revised Exhibit A's that are clearly marked "REVISED 1/26/2006". Your original
Exhibit A is also included for your review and comparison.
It is understood that under a separate agreement with the Fort Pierce Utilities Authority and the City, we
agreed to sell bulk water to the County at the airport; however, the City Commission is adamant that we not
Rrejudice the existing annexation a reement in effect between the City and Count for the airport area by
confusing designations on these maps.
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Dennis W. Beach
City Manager
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Attachment
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JOINT PLANNING AGREEMENT
BETWEEN
ST. LUCIE COUNTY, FLORIDA AND
THE CITY OF FORT PIERCE
This Joint Planning Agreement (the "Agreement") made and entered into as of the'
10'-"'\ day of Tv'toJE ,2005, by and between ST. LUCIE COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as the "County"), the CITY
OF FORT PIERCE, a Florida municipal corporation (hereinafter referred to as the "City).
(The County and City are sometimes collectively referred to as the "Parties",)
WIT N E SSE T H:
WHEREAS, it is the purpose and intent of this Agreement, the Parties hereto, and
the Florida Interlocal Cooperation Act of 1969, as amended and codified as Section
163.01, Florida Statutes (the "Cooperation Act"), and Section 163.3171(3), Florida
Statutes, to permit the City and the County to make the most efficient use of their
respective powers, resources and capabilities by enabling them to cooperate on the basis
of mutual advantage and thereby to provide the property, facilities and services provided
for in this Agreement in the manner that will best accord with the existing and anticipated
resources available to each of them and with geographic, economic, population and other
factors influencing the needs and developments within an area ("Planning Area"), as
designed on the attached map as Exhibit "A"; and,
WHEREAS, it is the purpose of the Cooperation Act to provide for a means by
which the Parties may exercise their respective powers, privileges and authorities which
they might now or in the future share in common and which each might exercise
separately; and,
WHEREAS, the Parties recognize that proper intergovernmental coordination is
essential for sound growth management; and,
WHEREAS, a joint planning area agreement will provide a basis for the evaluation
of future development applications as well as for the adequate and cost effective provision
of public services within the Planning Area; and,
WHEREAS, the County has adopted a Comprehensive Plan within an established
Urban Services Boundary which is depicted on Exhibit "A"; and,
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WHEREAS, the City has adopted a Comprehensive Plan which applies within the
current boundaries of the City which are depicted in Exhibit "A"; and,
WHEREAS, the Parties seek to coordinate and achieve compatible land uses
adjacent to their common boundary; and,
WHEREAS, the Parties seek to promote sustainable economic development and
quality job creation through consistent and planned development patterns and agree to
work cooperatively to preclude urban sprawl; and,
WHEREAS, effective intergovernmental relations will improve the delivery of
public services; and,
WHEREAS, Section 163.3171(3), Florida Statutes, authorizes municipalities and
counties to enter into joint agreements for the purposes of coordinating the preparation
and adoption of municipal and county comprehensive plans, procedures for the
administration of land development regulations or land development codes applicable
thereto and other purposes under the Local Government Comprehensive Planning and Land
Development Act, Section 163.3161, et.seq., Florida Statutes.
WHEREAS, the Local Government Comprehensive Planning and Land Development
Act encourages joint agreements entered into pursuant thereto to be formally stated and
approved in appropriate action by the governing bodies involved and the administration be
governed by the Florida Interlocal Cooperation Act of 1969; and,
WHEREAS, the City and the County have held public hearings with public notice
thereof to consider the adoption of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants of this Agreement,
the City and the County agree as follows:
ARTICLE 1
AUTHORITY
1.1 Authority. This Agreement is entered into pursuant to the provisions of
Section 163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III, Chapter
163, Florida Statutes; Section 163.3171(3), Florida Statutes, and other applicable
provisions of law, all as amended and supplemented from time to time.
ARTICLE 2
DEFINITIONS
2.1 Definitions. The following definitions shall apply to this Agreement:
Agreement: The interlocal planning agreement.
~ The City of Fort Pierce, Florida.
Cooperation Act: The Florida Interlocal Cooperation Act of 1969 as amended and
codified as Section 163.01, F.S,
County: St. Lucie County, Florida.
Development Permits: Development Permit includes any building permit, zoning
permit, subdivision approval, rezoning, certification, certifi cates of occupancy, building
inspections, special exception, variance or any other official action of local government
having the effect of permitting the development of land.
Parties: St. Lucie County, Florida, and the City of Fort Pierce, Florida.
Planning Area: The area depicted in Exhibit "A".
ARTICLE 3
PURPOSE, FINDINGS, INTENT
3.1 The purpose of this Agreement is to provide certain procedures for joint
action by City and the County within the Planning Area in the preparation and adoption of
changes to the comprehensive plan and on procedures for the administration of land
development regulations or the land development code applicable thereto.
3.2 It is the intent of the parties to provide for the cooperation in managing
growth within the Planning Area by providing for the coordination of comprehensive plan
and land development regulations for the Planning Area.
,
ARTICLE 4
COMPREHENSIVE PLAN, LAND DEVELOPMENT REGULATIONS AND
CODE ENFORCEMENT
4.1 To provide for better integrated land use planning and land development
within the Planning Area, the Parties agree as follows:
4.1.1. The City agrees to provide the County Administrator and County
Attorney with 30 days prior written notice of all annexations into the City (first reading
of annexation ordinance). This notice shall include copies of all annexation ordinances,
staff reports and recommendations, and copies of all agreements, contracts or other
similar instruments effecting any voluntary annexations. The County agraes to provide any
written comments it may have on the proposed annexation to the City Manager and City
Attorney at least three (3) days prior to the first reading of the annexation ordinance.
Any comments submitted for consideration will be made a part of the record prior to final
approval of the annexation.
4.1.2 In order to promote coordination of land use and development
activities within the community, the County shall have the right to designate a non-voting
representative to attend the City's site plan review committee and the City shall have the
right to designate a non-voting representative to attend the County's development review
committee. Each party shall provide the other party written notice of committee
meetings.
4.2 Notwithstanding anything provided in this Agreement, neither the City's nor
the County's duties, obligations, or responsibilities under any section of this Agreement
shall affect the Parties' right, duty, obligation, authority or power to act in its
governmental or regulatory capacity in accordance with applicable laws, ordinances, codes
or other building regulations nor in the exercise of any discretionary act or power within
its respective jurisdiction. In no event shall the Parties, due to any provision of this
Agreement, be obligated to take any action concerning regulatory approvals for
development permits except through its established processes and in accordance with
applicable provisions of law. Failure to comply in any respect with this Agreement by
either Party, including the providing of notice, shall neither affect nor serve as a basis to
invalidate any land use development approvals.
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ARTICLE 5
MISCELLANEOUS
5.1 Amendments. This Agreement may be. amended by the mutual written
agreement of the County and the City at any time from time to time, which amendments
shall become effective upon filing thereof with the Clerk of the Circuit Court of St. Lucie
County, Florida, pursuant to Section 163.01(11), Florida Statutes.
5.2 Assignment. None of the parties may assign or transfer any or all of its
duties, rights, responsibilities, or obligations under this Agreement to any other party or
any person not a party to this Agreement without the express prior approval of the other
party to this Agreement.
5.3 Severability. The provisions of this Agreement are severable, and it is the
intention of the parties to confer the whole or any part of the powers herein provided for
and if any of the provisions of this Agreement or any other powers granted by this
Agreement shall be held unconstitutional, invalid or void by any court of competent
jurisdiction, the decision of said court shall not affect or impair any of the remaining
provisions of this Agreement. It is hereby declared to be the intent of the parties hereto
that this Agreement would have been adopted, agreed to, and executed had such
unconstitutional, invalid or void provision or power not been included therein.
5.4 Members of the City and County Not Liable.
(1) All covenants, stipulations, obligations and agreements of the City and
the County contained in this Agreement shall be deemed to be covenants, stipulations,
obligations and agreements of the City and the County, respectively, to the full extent
authorized by the Act and provided by the Constitution ,and laws of the State of Florida.
(2) No covenant, stipulation, obligation or agreement controlled herein
shall be deemed to be a covenant, stipulation, obligation or agreement of any present or
future individual member of the governing body or agent or employee of the City or the
County in its, his or their individual capacity, and neither the members of the Governing
Body of the City or the County or any official executing this Agreement shall individually
be liable personally or shall be subject to any accountability by reason of the execution by
the City or the County of this Agreement or any act pertaining or contemplated hereby.
5.5 Term of the Agreement
The initial term of this Agreement shall be five (5) years from the Effective
Date unless sooner terminated by either Party. The term of the Agreement shall be
automatically extended in five (5) year increments unless either party notifies the other
party of its desire to terminate the Agreement which notice must be provided in writing at
least ninety (90) days before the end of the then current term. Either Party may
terminate this Agreement by providing thirty (30) days written notice to the other.
5.6 Beneficiaries. Nothing in this Agreement, expressed or implied, is intended
or shall be construed to confer upon any person, firm or corporation other than the parties
hereto, any right, remedy, .or claim, legal or equitable, under or by reason of this
Agreement or any provision hereof. It is the intent of the parties hereto that this
Agreement and all its provisions are intended to be and are for the sole and exclusive
benefit of the parties hereto.
5.7 Notices. Any notice, demand, direction, request or other instrument
authorized or required by this Agreement to be given or filed with the City or the County'
shall be deemed sufficiently given or filed for all purposes of this Agreement if and when
sent by registered mail, return receipt requested, or by direct personal delivery:
To the County:
St. Lucie County Administrator
(With a copy to St. Lucie County Attorney)
2300 Virginia Avenue
Fort Pierce, Florida 34982
To the City:
Fort Pierce City Manager
(With a copy to City of Fort Pierce Attorney)
Post Office Box 1480
Fort Pierce, Florida 34954
5.8 Execution of Agreement. This Agreement shall be executed by both Parties
and approved as to form and execution by the its Attorney, and their seal affixed hereto.
If any officer whose signature appears on this Agreement ceases to hold office before all
officers shall have executed this Agreement or prior to the filing of this Agreement as
provided in Section 6.11 hereof, his or her signature shall nevertheless be valid and
sufficient for all purposes. This Agreement shall bear the signature of, or may be signed
by, such individuals as at the actual time of the execution of this Agreement shall be the
proper and duly empowered officer to sign this Agreement and this Agreement shall be
deemed to have been duly and properly executed even though on the Effective Date any
such individual may not hold office.
5.9 Filing with Circuit Court Clerk. The County is hereby authorized and
directed after approval of this Agreement by the Governing Body of the County and the
City and the execution thereof by the duly qualified and authorized officers of each of
the parties hereto as provided, to file this Agreement with the Clerk of the Circuit Court
of St. Lucie County, Florida, as provided in Section 163.01(11), Florida Statutes.
IN WITNESS WHEREOF. the parties hereto, by and through the undersigned,
have entered into this Interlocal Agreement as of the day and year first above written.
. .
BOARD OF COUNTY COMMISSIONERS
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OFFICE OF CITY CLERK
CITY OF FT. PIERCE
100 N. U.S. 1
P.O. BOX 148'0
FT PIERCE, FL 34954
INTERLOCAL AGREEMENT
THIS AGREEMENT made entered into this /D day of fe~/\ 2004, by and among
the CITY OF FORT PIERCE ("CITY"), a Florida municipal Corporation, The FORT PIERCE
UTILITIES AUTHORITY ("FPUA"), a Special District organized under the Charter of the City
of Fort Pierce, ST. LUCIE COUNTY ("County"), a political subdivision of the State of Florida.
WIT N E SSE T H:
WHEREAS, the CITY and COUNTY are currently adverse parties in St. Lucie County v.
City of Fort Pierce, Case No.: 02-CA-000390(PC), in the Circuit Court of the Nineteenth Judicial
Circuit in and for St. Lucie County and City of Fort Pierce v. St. Lucie County, Case No.: 03-CA-
000483(OC), in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County;
and,
WHEREAS, all parties hereto are likewise parties to City of Fort Pierce and Fort Pierce
Utilities Authority v. St. Lucie County and Port St. Lucie, Case No.: 03-CA-000530(OC), in the
Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County; and,
WHEREAS, there exists numerous disputes between the CITY and COUNTY over the
CITY's annexation policy wherein the CITY imposes a requirement that property owners agree to
annexation when property becomes contiguous, as a condition for receipt of potable water and
wastewater services from the FPUA; and,
WHEREAS, the COUNTY is desirous of entering into an agreement with the CITY and
FPUA for potable water and wastewater services in certain geographical areas under a bulk sale
agreement; and,
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WHEREAS, there exists a dispute between the City and FPUA on the one hand, and the
COUNTY on the other, over whether FPUA is the sole provider of potable water and wastewater
services in certain geographical areas and whether provisions of service by the County in any of
these geographical areas violates the COUNTY's Comprehensive Plan, any element thereof, the
COUNTY's potable water/wastewater master plan, County Resolution 91-106, and other
implementing documents; and
WHEREAS, the parties are desirous of eliminating disputes over their current and future
utility service areas and boundaries as to which they respectively provide or will provide potable
water and wastewater services; and,
WHEREAS, the parties jointly recognize declared public policy of this state, as expressed
by Fla. Stat. Section 164.102, that conflicts between governmental entities be resolved to the
greatest extent possible without litigation wherein it is in the public's interest that expense and
uncertainty of such litigation be avoided and where important public policies involving
annexation, future revenues and provision of potable water and wastewater services are better
served by what follows; and
WHEREAS, it is the purpose and intent of this Agreement to resolve most, but not all of
the current disputes between the parties, and to further provide a framework within which such
disputes and concerns as aforesaid may be discussed and potentially resolved as herein provided
for; and,
WHEREAS, the parties intend to be bound by the tenns and provisions hereof and further
recognize that this Agreement sets forth specific legal rights and remedies with respect to the
subject matter herein contained.
NOW THEREFORE, it is agreed by and among the parties hereto as follows:
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I. COUNTY shall not provide potable water or wastewater utility servIce within the
boundaries of the area designated on Exhibit 1 attached hereto, such area known hereafter as
"Area A", without the prior written consent of CITY and FPUA, which consent may be withheld
at the sole discretion of CITY and FPUA. FPUA shall provide potable water and wastewater
utility service in Area "A". The County acknowledges that FPUA will provide such utility
services within Area "A" in a manner consistent with the City's annexation policies. The County
further agrees to adopt appropriate policies within the County's Comprehensive Plan, Utility
Master Plan and other growth management regulations acknowledging, without prejudice, that
FPUA will provide water and wastewater service within Area "A" in a manner consistent with the
City's annexation policies. COUNTY shall withdraw and agrees not to proceed with all pending
objections to any CITY annexation located within Area "A", whether currently in litigation or
conflict resolution. CITY shall withdraw without prejudice those Ordinances (Nos. K-129
through K-134) that proposed to annex all of those properties that were included as part of the
City's plan to annex the County-owned airport properties and agrees not to proceed with the
adoption of those Ordinances. Notwithstanding anything to the contrary in this Agreement, the
currently existing annexation agreement covering the St. Lucie County Airport will remain in full
force and effect and no party shall be deemed to have waived any right or entitlement under the
annexation agreement or any objection to the annexation agreement by entering into this
Agreement. Upon signing this Agreement, CITY and COUNTY shall, immediately work together
towards the goal of entering into a Joint Planning Agreement to eliminate future annexation
disputes within Area "A" and coordinate the provision of governmental services related to such
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annexation. The County, City and FPUA agree to cooperate on the eventual relocation of the
FPUA's Hutchinson Island wastewater treatment plant.
2. The FPUA shall not provide potable water and wastewater utility servIce within the
boundaries of the area designated on Exhibit 1 as attached hereto, such area known hereafter as
"Area B" (except as to customers currently being serviced by the FPUA, and as listed in Exhibit 3
attached hereto), without the prior written consent of County, which consent may be withheld at
the sole discretion of County.
3. FPUA may provide the County with bulk potable water, wastewater and reclaimed water
service within Area B in accordance with the terms of the bulk service agreement (the "Bulk
Service Agreement") in Exhibit 4 attached hereto. The parties shall execute the Bulk Service
Agreement upon execution of this Agreement. When provided, the FPUA shall provide such bulk
services to the County without the requirement of annexation into the City as a condition to such
servIce.
4.
It IS expressly intended that nothing in this Agreement be construed as creating or
evidencing an obligation on the part of any of the parties to unconditionally provide potable water
or wastewater services in Area "A" or Area "Boo That is FPUA may not be compelled by any
party, person or entity to provide service within Area A, and COUNTY may not be compelled by
any party, person or entity to provide service within Area B.
5. In accordance with FPUA Resolution UA 91-8, and subject to the conditions set forth
below, FPUA shall sell the FPUA water distribution system south of the Florida Power & Light
nuclear power plant ("FP&L Plant") to the County. FPUA will retain retail water service to the
area between the current City limits (Blue Heron Boulevard) and the FP&L Plant in Area A.
From that point south to the Martin County Line, FPUA will continue to provide retail water
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service until bulk water revenues from the County on the County's mainland utility system equal
the difference between combined current FPUA revenues on North and South Hutchinson Island
and the bulk water revenues for those areas at the $1.90 per 1000 gallons rate (plus any
incremental increases as allowed by the Bulk Service Agreement). At such time, the County shall
compensate FPUA for the value of the water distribution system and Repump No.2., which value
is to be determined to the mutual satisfaction of the County and FPUA.
6. COUNTY agrees, for itself, that the Bulk Rate Utility Interlocal Agreement entered into
by the City of Port St. Lucie and COUNTY, as approved by the County Còmmission on or about
November 4, 2002, and as may be subsequently modified or amended, shall not apply to any
potable water or wastewater service within Area "A" which is reserved by this Agreement to
CITY and FPUA.
7.
The parties agree that no development order shall be issued, nor any construction
commence, after this Agreement is approved be each of the parties and it becomes effective
according the terms hereof which may be inconsistent with the terms and provisions above which,
among other things, establish service Area "A" to CITY and FPUA, and service Area "B" to
COUNTY.
8. The parties agree that within sixty (60) days after this Agreement becomes effective,
COUNTY will conduct a straw poll of the residents of the Indian River Estates area as to whether
or not they desire to receive water service and if so, whether they desire to receive retail utility
service from the FPUA subject to a deferred annexation policy of 15 years as approved and
ratified by previous action of the CITY, or if they desire to receive retail utility service by
COUNTY with bulk utility service provided by FPUA. The CITY and FPUA shall prepare the
form of the straw poll ballot with COUNTY providing CITY a description of the COUNTY
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service option as well as the no water service option. The parties agree that service to the Indian
River Estates area will be provided based upon the decision of the majority vote of those residents
participating in the straw poll. In the event that the residents approve retail service by FPUA,
FPUA agrees to contribute $3,500,000 toward the construction of the MSBU project.
9. The parties understand and represent that the terms of this Agreement either are, or should
be consistent with requirements of their respective comprehensive plans and current potable
water/wastewater master plans. Each will provide the other written confinnation of consistency,
in form and substance acceptable to the others, and approved by the governing body. In the event
there is a material inconsistency between the terms of this Agreement and either or both of any
party's comprehensive plan and potable water/wastewater master plan, such inconsistency shall
be promptly reviewed and addressed within the next one hundred eighty (180) days in the manner
provided by law, based upon considerations of public health, safety and general welfare and such
other factors as are properly considered in the course of normal review. Such review is not to be
construed as "contract planning" as prohibited by law inasmuch as no party hereto commits itself
in advance to eliminate any such inconsistency based solely upon this Agreement.
10. In the event that either party considers an amendment of its Comprehensive Plan or
potable water/wastewater Master Plan which could reasonably be interpreted or understood as
inconsistent with any term of this Agreement, such party shall give immediate written notice of
the considered provision to the other parties as early in the process of proposed adoption as
possible.
11. Upon execution of this Agreement by all governing bodies, through resolution, and when
it further becomes effective, it shall be submitted for approval by the Court, as incorporated in
joint motions for approval, and shall be binding upon the parties as to any subject matters covered
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by this Agreement, which may be embodied within issues in each of the pending cases named
above, numbers 02-CA-000390(PC), 03-CA-000483(OC), and 03-CA-000530(OC). To the
extent this Agreement may constitute a full and final settlement of all issues pending in such case,
the parties shall agree to a stipulated final judgment, and such cases will then be dismissed. Such
dismissal shall be with prejudice except that it shall be without prejudice to any matter, cause, or
issue not otherwise governed by this Agreement, and shall further be without prejudice to revival
to any proceedings otherwise dismissed in the event this Agreement or any part thereof is
invalidated hereafter through final judgment by a court of competent jurisdiction in any
proceeding brought by a person or entity who is not a party to this Agreement. Should any such
action be refiled after dismissal, it is agreed that no Section 95.11, or defense of collateral
estoppel, or other defense based upon passage of time, nor shall any subsequent voluntary
dismissal by any party thereafter be deemed an adjudication on the merits for purposes of
Fla.R.Civ.P. Rule 1.420(a) by virtue of the original dismissal pursuant to this Agreement.
12.
The parties to this Agreement agree that neither the City, the FPUA, nor the County shall
take any actions, either directly or indirectly, to prevent the implementation of this Agreement or
alter the terms of this Agreement, including, but not limited to filing legal actions or
administrative actions.
13. This Agreement may be executed in counterparts, and shall become effective upon filing
with the Clerk of the Circuit Court.
14. This Agreement has been approved by the governing political bodies of the CITY, County
and FPUA, and each signatory hereto represents their authority to execute this Agreement on
behalf of their respective local government.
15. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to
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this Agreement. This Agreement is not intended to benefit any third party who is not a signatory
to this Agreement.
16. Each party to this Agreement shall bear its own costs, including attorneys' fees, incurred
in connection with the legal proceedings resolved by this Agreement.
17. All parties to this Agreement are deemed to have participated in its drafting. In the event
of any ambiguity in the tenns of this Agreement, the parties agree that such ambiguity shall be
construed without regard to which of the parties drafted the provision in question.
18. Should any part of this Agreement be found and declared by a Court of competent
jurisdiction to be invalid for any reason, such invalid portion shall be severed from this
Agreement and the remainder of the Agreement not otherwise declared expressly invalid shall
remain in full force and effect.
19.
Each party further agrees and consents that in the event of a breach or threatened breach
of the provisions of this Agreement by any party, in addition to any other rights and remedies
available to any party under this Agreement or otherwise, any party shall be entitled to an
injunction to be issued by a court of competent jurisdiction, restricting or prohibiting the other
party from committing or continuing any violation of this Agreement, and upon a proper showing
as to the breach or threatened breach, irreparable hann, damage, or injury shall be presumed. The
parties further agree that if either party avails itself of the procedure set forth in Florida Statute
l64.l04l(2)(as such statute exists or is hereafter amended), and a finding is made that an
immediate danger to health, safety, or welfare of the public requires immediate legal action, or
that significant legal rights will be compromised if a court proceeding does not take place
immediately, the other party shall not challenge or otherwise object to the factual finding by the
governing body of the other party except as to any procedural error or defect.
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20. All notices required or pennitted to be given under the tenns and provisions of this
Agreement by either party to the other shall be in writing and shall be sent by registered or
certified mail, return receipt requested, to the parties as follows:
As to the CITY:
With a copy to:
Fort Pierce City Manager
Fort Pierce City Hall
100 North U.S. 1
Post Office Box 1480
Fort Pierce, Florida 34954-1480
Fort Pierce City Attorney
Fort Pierce City Hall
100 North U.S. 1
Post Office Box 1480
Fort Pierce, Florida 34954-1480
As to the FPUA:
With a copy to:
Fort Pierce Utilities Authority Director
206 South 6th Street
Fort Pierce, Florida 34950
Fort Pierce Utilities Authority Attorney
401-A South Indian River Drive
Fort Pierce, Florida 34950
As to the COUNTY:
With a copy to:
8t. Lucie County Administrator
2300 Virginia A venue
Administrative Annex
Fort Pierce, Florida 34982
8t. Lucie County Attorney
2300 Virginia Avenue
Administrative Annex
Fort Pierce, Florida 34982
21.
In the event suit is brought to resolve any dispute between the parties arising from this
Agreement, each party shall bear its own attorneys' fees, court costs and litigation expenses,
including all fees and costs of all experts, consultants, and other related out-of-court expenses.
Each party shall bear its own costs, including attorneys fees, incurred in connection with the legal
proceedings resolved by this Agreement.
22. This Agreement shall not be changed, modified or amended in any respect except by
written instrument signed by the parties hereto.
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IN WITNESS WHEREOF the parties have executed the Agreement.
ST. LUCIE COUNTY
Benton. III, Mayor
, ,Paula A.Lewis, Chairman
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DATE: March 1. 2004
F3l~:JTIES A~THORlTY
ORM AND (ORREÇJ~ESS'
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BY:
DATE:
3/2/04
Assistant, ...~"AcÌfQrn~y':<·
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By: Cassandra Sta,ei:~~~ Cir:t"~4r:~'.j_,: ",~J;
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LEGEND
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FPUA retajl serviCß
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NOTE: DETAILED COLOR-CODED MAP
(Exhibit 1) IS ATTACHED TO THE
ORIGINAL INTERLOCAL AGREEMENTS
ON FILE WITH THE CITY OF FORT
PIERCE, ST. LUCIE COUNTY, AND
THE FORT PIERCE UTILITIES AUTHORITY.
EXHIBIT 2
(INTENTIONALL Y OMITTED)
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EXHIBIT 3
Customers Serviced by FPUA within Area B
As of the effective date of the Interlocal Agreement and Bulk Service Agreement, FPUA
provides service to the following customers in Area B:
St. Lucie County Landfill- Wastewater Service Only
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Elie J. Boudreaux ITI, PE
Director of Utilities
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EXHIBIT 4
AGREEMENT BETWEEN FORT PIERCE UTILITY AUTHORITY
AND ST. LUCIE COUNTY, FLORIDA, FOR PROVISION OF
BULK WATER, WASTEWATER AND RECLAIMED WATER SERVICE
THIS AGREEMENT is entered into between the Fort Pierce Utility Authority, a Special
District organized under the Charter of the City of Fort Pierce ("FPUA"), and St. Lucie County,
Florida, a political subdivision of the State of Florida ("St. Lucie County").
WIT N E SSE T H:
WHEREAS, St. Lucie County has various needs from time to time throughout the areas that
St. Lucie County's utility department provides service to purchase bulk potable water, wastewater and
reclaimed water service; and
WHEREAS, FPUA has available water, wastewater and possible future reclaimed water
service from time to time which it desires to make available to St. Lucie County for Purchase; and
WHEREAS, both St. Lucie County and FPUA have the legal ability and authority to enter into
an agreement for the sale and purchase of water and wastewater; and
WHEREAS, the Parties find that this Agreement serves a public purpose and is to the public's
benefit; and
WHEREAS, St. Lucie County and FPUA desire to enter into this Agreement to accomplish
the purposes set forth above (the "Agreement").
NOW, THEREFORE, in consideration of the premises and covenants herein contained, FPUA
and St. Lucie County agree as follows:
1. Whereas Statements: The foregoing statements are true and correct.
2. Agreement to Serve:
a. FPUA agrees to provide bulk potable water, wastewater and reclaimed water service
("Bulk Service") to St. Lucie County, in accordance with the tenns and provisions ofthis Agreement.
Subject to availability at the time of request, St. Lucie County may, from time to time, request FPUA
to provide water, wastewater or reclaimed water service to St. Lucie County at points of connection
located outside ofFPUA 's existing utility service area as proposed by St. Lucie County. To the extent
that the service requested by St. Lucie County (a "Service Request") is available at the time of request
and interconnection with the St. Lucie County utility system at the proposed points of connection is
economically feasible, as detennined in the reasonable discretion of FPUA, and provided that the
provisions of Section 3 below are complied with, including a detennination that utility service within
the city limits of Fort Pierce or FPUA service area will not be impaired or detrimentally affected,
FPUA shall provide the requested service. Provided each Service Request complies with the
requirements of this Agreement, the respective staffs of St. Lucie County and FPUA are authorized
to implement the tenns of this Agreementwith respect to such Service Request without further action
of the St. Lucie County Commission or FPUA governing board. There is no annexation requirement
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as a condition of provision of service by FPUA to St. Lucie County pursuant to the terms of this
Agreement.
b. As required by all applicable FPUA resolutions addressing FPUA's Industrial
Pretreatment Program and City of Fort Pierce Sewer Use Ordinance No. UA 98-5 or succeeding
revised Sewer Use Ordinance, any industrial users that connect to the St. Lucie County utility system
served by FPUA Bulk Wastewater Service will be subject to FPUA' s industrial pretreatment program.
This program is governed by Administrative Code 62-625 and administered by the State of Florida
Department of Environmental Protection, Tallahassee, Florida. All pern1itting and operational costs,
including surcharges/excess strength fees as defined and applicable in the FPUA resolutions, will be
collected by St. Lucie County from such industrial users and remitted to FPUA with the next month's
billing of Bulk Service Rates. The specific responsibilities ofFPUA and St. Lucie County with regard
to implementing and enforcing an Industrial Pretreatment Program that meets all state and federal
requirements will be delineated in a separate Interlocal Agreement dealing only with the Industrial
Pretreatment program in the bulk wastewater service areas.
3. Method of Extension and Delivery of Service: The provisions for the construction,
installation and operation of the facilities ofFPUA up to the point(s) of connection and the facilities
ofSt. Lucie County past the point(s) of connect ion will be determinedjointIy by FPUA and St. Lucie
County. St. Lucie County shall share equitably with FPUA in the capital cost associated with the
extension of new mains or oversizing of mains necessary to bring adequate quantities of water to the
bulk metering point(s) of connection in accordance with the then current FPUA policies for extending
water and sewer service to new customers. St. Lucie County shall bear the initial capital cost of the
master meter(s), backflow prevention devices, and pressure-sustaining valves required for service to
S t. Lucie County and shall transfer ownership of such master meter( s) and other backflow prevention
or pressure sustaining devices to FPUA, which shall, after transfer, assume the obligation to operate,
maintain and replace such master meter(s) and other devices. All master meters and backflow
prevention devices shall be tested annually by FPUA, with the cost of such testing to be paid by St.
Lucie County. FPUA shall provide service to St. Lucie County at the points of connection in
accordance with then existing regulations and standards not in conflict with the terms of this
Agreement or the Charter of the City of Fort Pierce.
4. Rates and Charfj?:es: St. Lucie County agrees to pay the following bulk rates for the
services requested. FPUA shall charge St. Lucie County for bulk water service at a rate of $1.90 per
thousand gallons (the "Bulk Water Rate"), for bulk wastewater service at a rate of$4.60 per thousand
gallons (the "Bulk Wastewater Rate") and a rate for bulk reclaimed water service (including Capital
Improvement Charges, if any) as shall be agreed upon between the parties at such time as FPUA
institutes a reclaimed water service program (the "Bulk Reclaimed Water Rate"), all as measured at
master meter(s) for each service (collectively, the "Bulk Service Rates"). Bulk wastewater volumes
for billing shall be determined from bulk water meter readings and retail irrigation-only meter
readings within the bulk water service area, as described in Paragraph 6. The Bulk Service Rates may
be revised from time to time by FPUA, at such time and in the same percentage as FPUA revises its
retail residential customer class commodity charges for the lowest consumption level. There shall be
no surcharge imposed on the Bulk Rates charged to St. Lucie County. Retail water and wastewater
rates established by St. Lucie County for the bulk water service areas shall be structured such that they
will not be lower than the retail water and wastewater rates for FPUA customers within the City of
Fort Pierce.
5 Payments of Water/Wastewater Capital Improvement Charges:
a. Provisions with respect to St. Lucie County's payment of Water and Wastewater
Capital Improvement Charges are as follows: Water Capital Improvement Charges: $1,378.00 per
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equivalent residential connection ("ERC"). A Water ERC is based upon 300 gallons per day;
Wastewater Capital Improvement Charges: $1,222.00 per ERC. A Wastewater ERC is based upon
240 gallons per day. Separate Capital Improvement Charges will be assessed for irrigation-only water
use, in accordance with standard FPUA policies. All Capital Improvement Charges may be revised
from time to time by FPUA, at such time and in the same percentage as the FPUA revises its retail
residential customer class Capital Improvement Charges. There shall be no other capital or impact
charges to St. Lucie County for Bulk Service.
b. St. Lucie County will collect the Water Capital Improvement Charges and Wastewater
Capital Improvement Charges and remit the same to FPUA upon the earlier of the initial provision
of utility service by St. Lucie County to a customer or the receipt of payment by St. Lucie County of
such Capital Improvement Charges pursuant to a developers agreement reserving utility capacity with
St. Lucie County. St. Lucie County and FPUA shall resolve in good faith any issues regarding
whether a particular customer or developer agreement is being provided utility service pursuant to this
Bulk Service Agreement. St. Lucie County and FPUA shall perform a true-up of Capital
Improvement Charge payments as of October I of each year during the term of this Agreement based
upon the average daily flows for the prior 12 months, as measured at the master meter(s), divided by
the agreed upon Water ERC and Wastewater ERC set forth above ("True Up ERC's). In the event
that the True Up ERC's exceed the number ofERC's for which St. Lucie County has made payment
to FPUA, then St. Lucie County shall pay the difference between the True Up ERC's and the paid
ERC's. Ifbulk average daily flows indicate a lower demand than ERC projections, there shall be no
downward adjustment ofERC's or Capital Improvement Charges. The bulk wastewater service areas
will coincide with bulk water service areas.
c. It is the intention ofFPUA to utilize the existing South Hutchinson Island (SHI) Water
Reclamation Facility (WRF) to it's fullest capacity. ERC's for wastewater treatment will be issued
to FPUA and St. Lucie County bulk wastewater customers until 100% of the SHI WRF capacity is
reached. St. Lucie County agrees that Capital Improvement Charges collected for bulk wastewater
ERC's connected to the SHI WRF are reimbursements to FPUA for sunk cost of treatment and
transmission facilities necessary to transport and treat the wastewater. Both parties understand that
when certain capacity limits are reached, State regulations require certain steps to be taken to start the
process for a new plant to be sited, designed and constructed. Both parties agree that in the event the
SHI WRF is required to be taken out of service by a regulatory agency or by any statute, rule,
regulation or court order, it will be the joint responsibility of St. Lucie County and FPUA to plan for
replacement capacity at another site. FPUA and St. Lucie County will plan for and construct the
future mainland wastewater treatment plant as partners, with each party paying it's share of costs on
an allocated capacity basis, rather than a capital improvement charge basis.
6. Billing: FPUA shall bill St. Lucie County each month for Bulk Service, subject to
the provisions of the FPUA rules and regulations, as amended from time to time. Bulk wastewater
billings shall be based upon bulk water meter readings, less the aggregate sum of all irrigation-only
water meter readings within the County's bulk water service area. FPUA shall separate each month's
bill by points of connection between FPUA and St. Lucie County. Bills are due when rendered and
wiJl be considered late ifnot paid within 15 days. Notwithstanding provisions in the FPUA Code to
the contrary, FPUA shal1 not discontinue Bulk Service to St. Lucie County for non-payment unless
it has provided St. Lucie County 30 days written notice of FPUA's intention to discontinue service
for non-payment by St. Lucie County with a right to cure. In the event ofa dispute over the accuracy
of a bill, 8t. Lucie County shall pay the non-disputed portion of the bill to FPUA and provide FPUA
written notice detailing the reason for the disputed portion of the bill. FPUA shall not discontinue
service for non-payment of the disputed portion of the bill. Disputes over billing accuracy that are
not amicably resolved between the parties within 20 days of written notice to FPUA from 81. Lucie
County shall be resolved pursuant to the Dispute Resolution provisions set forth in Section 10 below.
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7. North Hutchinson Island Service Agreement: Upon execution ofthis Agreement, the
current North Hutchinson Island Bulk Utility Service Agreement between the County and FPUA
("NHI Bulk Service Agreement") shall be automatically terminated, and the Bulk Service Agreement
shall take immediate effect for service to North Hutchinson Island, subject to the following bulk water
rate transition period: (I) for a period of two years from the date of this Agreement, the bulk water
rate shall remain at the current rate charged by FPUA to the County under the NHI Bulk Service
Agreement ("Current Rate"); (2) commencing at the end of the two year period, and on the same date
for the next three years, the bulk water rate will be reduced by one quarter of the difference between
the Current Rate and the bulk water rate for the same time frame as calculated under the Bulk Service
Agreement (including any applicable incremental increases); (3) commencing at the end offifth year,
the bulk water rate shall be the same as the then current bulk water rate under the Bulk Service
Agreement (including any applicable incremental increases). St. Lucie County shall pay no Capital
Improvement Charges or impact fees for development that is existing (or fully pennitted by St. Lucie
County and FDEP) at the time of this Agreement and for a period of two years from the date of this
Agreement. St. Lucie County shall pay capacity fees to FPUA for all development on North
Hutchinson Island permitted after said two-year period.
8. Airport Properties Service Agreement: Upon execution of this Agreement, the
existing water service agreements between FPUA and S1. Lucie County for service to St. Lucie
County's Airport Properties shall be automatically tenninated and replaced by this Agreement. The
parties agree that such termination shall be without prejudice to the separate annexation agreement
which shall otherwise remain in full force and effect, and no party shall be deemed to have waived
any right or entitlement under the annexation agreement or any objection to the annexation agreement
by entering into this Agreement. The rates for bulk service as set forth in this Agreement shall
commence with the next billing cycle 30 day after the execution of this Agreement ("Changeover
Date"). The rates for bulk service in the existing bulk water service agreement shall apply until the
Changeover date. St. Lucie County shall pay no Capital Improvement Charges or impact fees for the
existing bulk service provided at the Changeover Date. St. Lucie County shall pay capacity fees to
FPUA for all development on St. Lucie County's Airport Properties permitted after the Changeover
Date.
9. Term: The term of this Agreement shall be 30 years, and may be extended by the
parties for 2 additional terms of 30 years which extension must be agreed upon on or before the 15th
year of the initial term or an extension term, as applicable. Either party may terminate this agreement
upon providing the other party 15 years written notice of termination; provided, however, that in the
event the remaining term at the time of notice of termination is less than 15 years, the term of this
Agreement shall be extended so that the Agreement will tenninate in not less than 15 years.
10. Force Maieure: In the event that perfonnance of this Agreement by either party to this
Agreement is prevented or interrupted beyond the control of either party, including, but not limited
to, act of God or the public enemy, war, national emergency, allocation or of other governmental
restrictions upon the use or availability or labor or materials, rationing, civil insurrection, riot, radical
or civil rights disorder or demonstration, strike embargo, flood, tidal wave, fire, explosion, bomb
detonation, nuclear fallout, windstonn, hurricane, earthquake, or other casualty or disaster or
catastrophe, failure or breakdown of pumping transmission or other facilities, governmental rules or
acts or orders or restrictions or regulations of requirements, acts or action of any government or public
or governmental authority or commission or board or agency or agent or official officer, the enactment
of any statute or ordinance or resolution or regulation or rule or ruling or order, in order to decree or
judgment or restraining order or injunction of any court, said party shall not be liable for such non-
perfonnance.
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11. Laws of Florida: This Agreement shall be governed by the laws of the State of Florida
and it shall become effective immediately upon execution by both parties hereto, subject to any
approvals which must be obtained from governmental authority, if applicable, and subject to all
conditions precedent for the rendering of service as set forth in this Agreement.
12. Dispute Resolution: In the event either party to this Agreement is required to enforce
this Agreement the following procedure shall be followed:
12.1 Prior to initiating any litigation between the parties, the initiating party shall
provide a written notice to the non-initiating party of its intent to bring litigation together with a
reasonably detailed description of the nature of the claim. Within ten (10) days ofreceipt of such
notice, the parties shall schedule a pre-litigation mediation proceeding which meeting shall take place
within twenty (20) days or such other time as the parties may agree to attempt to mediate an amicable
resolution of the dispute. The parties shall cooperate with each other to select a mutually agreeable
mediator. The cost of mediation shall be borne equally by each party. Mediation shall take place at
the FPUA administrative complex.
12.2 Any controversy or claim arising out of or relating to this Agreement, or any
breach thereof, that is not resolved through the mediation process specified in subsection 12.1, shall
be resolved by binding arbitration, before a three member panel, in accordance with the rules then
obtaining of the American Arbitration Association. Each party shall select one arbitrator and the two
arbitrators so selected shall select a third arbitrator. The third arbitrator must have experience in the
water and wastewater utility operations and management business. Arbitration shall take place at the
FPU A's administrati ve complex. Any judgment upon the award rendered may be entered in any court
having jurisdiction. The cost of arbitration shall be borne equally by each party. Each party shall bear
its own attorneys fees and costs arising out of any mediation and arbitration.
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MISCELLANEOUS PROVISIONS
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13. Whenever the singular number is used in this Agreement and when required by the
context, the same shall include the plural, and the masculine, feminine and neuter genders shall each
include the others.
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14. Exhibits mentioned in this Agreement are hereby incorporated herein by reference and
made a part hereof as fully set forth herein.
15. This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same instrument.
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16. No agreement shall be effective to add to, change, modify, waive or discharge this
Agreement, in whole or in part, unless such agreement is in writing and signed by the parties hereto.
In the event that any non-material provision of this Agreement is detennined to be of no force and
effect by a court of law, such provision shall be severed from this Agreement and the remaining
Agreement shall continue in full force and effect.
17. Whenever approvals of any nature are required by either party to this Agreement, it
is agreed that same shall not be unreasonably withheld or delayed.
18. Within sixty days of execution of this Agreement, St. Lucie County shall provide
FPUA with a 5-year projection of bulk water and wastewater demands at all connection points. 81.
Lucie County shall update the 5-year projection annually thereafter during the tenn of this Agreement.
g:\attylagreemntinterloc\fpua-Ex42-9
At least annually, FPUA shall also provide the City of Fort Pierce a written report analyzing the
extension of facilities, services and capacities required of it under this Agreement.
19. In the event that during the teffil of this Agreement, St. Lucie County elects to
construct water or wastewater treatment capacity for new development not already served under this
Agreement, then St. Lucie County shall provide FPUA with 5 years prior notice of such construction.
Such construction may not replace existing demand on FPUA's bulk supply (unless such notice is
accompanied by a notice of teffilination of this Agreement, in which event the constructed capacity
may not be used to replace existing demand on FPUA' s bulk supply until the effective date of the
termination of this Agreement).
20. During the tel111 of this Agreement, St. Lucie County shall not reduce the number of
ERC's of water and wastewater service utilized under this Agreement and furnish those St. Lucie
County Customers with water and wastewater service from another source, including one owned and
operated by St. Lucie County (provided the County may continue to provide water and wastewater
service from its existing water and wastewater facilities until the current capacity of those existing
systems is fully utilized). This requirement shall allow, however, for nonnal fluctuations in water and
wastewater demand.
21. During the tenn of this Agreement, FPUA shall be the exclusive bulk service provider
to St. Lucie County within Area B, subject to the following conditions: (1) to the extent that FPUA
denies a Service Request from St. Lucie County, St. Lucie County may meet such Service Request
from another source, including one owned and operated by St. Lucie County; (2) to the extent that
St. Lucie County currently receives bulk utility service from the City of Port St. Lucie for the
Okeechobee Road corridor, St. Lucie County may continue such bulk service but only to the extent
of capacity reserved as of the date of this Agreement as set forth on Attachment A to this Agreement;
and (3) to the extent that St. Lucie County secures emergency interconnections with other utility
systems and utilizes such emergency interconnections for temporary or emergency service needs.
22. St. Lucie County's retail customers in the bulk water service areas will be subject to
the same water use restrictions as may be imposed on FPUA's retail customers under emergency
conditions.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature:
:~RT p~~: AUTHORIT~>.....
Chairman
ATTEST:
~¿\,~
Secretary
APPROVED AS TO FORM AND
CORRECTNESS:
By: p.,.- Á/ ~
FPUA General Cou sel
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BOARD OF COUNTY COMMISSIQ~f!RS·
ST. LUCI)lC UNTY, FLORI,. ~~(i~:.?r.·.
// .If) ..1
By: ..~ ,-'.,
Chairman .
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School Name
CA Moore Elementary Replacement
Dale Cassens HV AC Upgrades
Dan McCarty Middle School Renovations, Cafeteria & Academic Building
Delaware Avenue Transportation Building Remodel
Delaware Avenue School
Fairlawn Replacement
FKS Art & Cafeteria Remodel
FKS Media/Kindergarten Wing & Replacement School
Fort Pierce Magnet School of the Arts-Phase 1
Fort Pierce Westwood Ag Farm
Fort Pierce Westwood HS Gymnasium Renovations
Fort Pierce Westwood Renovations
Garden City Elementary Cafeteria
Indian Hills School
Lakewood Park Academic Wing
Lakewood Park HV AC
Lawnwood Elementary 5th Wing
Lawnwood Elementary Renovations
LPA Auditorium
LPA Gymnasium Renovation
LPA High School
Means Court Parking Lot Restoration
St. Lucie County School Board Administrative
St. Elementary Painting and Waterproofing
Technology 1999-2005 other list)
Weatherbee Elementary
White City Elementary Addition
Class Reduction Hybrids District-wide
Delaware Avenue Transportation Compound Paving
Forest Grove Middle School Re-roof
Fort Central High School Renovation
Fort Magnet School Arts Phase 2-Building Renovation
Magnet School Arts 2-Waterproofing
Jenkins Road K-8
Print Date: 4/10/2006
C:\[}(}Cuments and $eWngs\MSA 1119\Desktop\New Briafcase\My Documants\CapJta! projects $iriœ 199tuds
Budgeted 06-07
Budgeted 06-07
Budgeted 06-07
06-07
Budgeted 06-07
Budgeted 07-08
Budgeted 06-07
06-07
Cost
$ 8,907,318
$ 230,000
$ 12,432,803
$ 1,010,177
$
$ 9,500,000
$ 61
$ 9,050,000
$
$ 1,500,250
$ 3,834,230
$ 600,000
$ 1,375,000
$ 1,500,000
$ 1,206,742
$ 750,000
$ 1,528,902
$ 6,250,000
$ 1
$ 419,744
$ 9,000,000
$ 150,000
$ 7
$ 104
$ 6,787,364
$ 8,500,000
$ 4,200,000
$
$
$
$
$
$
$
20,000,000
700,000
2,500,000
4,000,000
2,000,000
41,019,350
Print date: 4/10/2006
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Prepared by Growth Management. Land Acqusitions and Govermental Relations Department
March 9, 2006
Location Size Comments
na Board
2 FPWWHS nla Fort Pierce west ,Green Board FPWWHS
3 Jenkins Road-School nla west Green Board mile north
Site
~"L~' PSL Northport Blue City WWTP e 2005. Closing at a
Utilitv Plant Ie data.
of Port St. Luce PSL South Blue ICity Southport WWTP 25.3
hport Utility Plant 2005. Closing at a
agreeable date.
e City of PSL Torino Midway IRed City IWestTorino 1 planning study shows best use
Site hool sita. City holding site at
this time.
7 Kenco Site PSL13 Midway Red City Road fee credit
Enchantment)
8 Lennar Glades Site PSL9 PSL West Red City atC-24 fee credit
~C~k\ Canal.
n Research Green site Fort Pierce west Green Kings Highway at Pruitt Research r K-20 program.
unnumbered Center Rood.
enkins Road Area Fort Pierce west Green County .'" South and impact fee credit
(multiple owners) . of il,ngle. east of 1-95 purchase sitas from
11 Lennardl Tiffany Site PSL east Blue site of Lennard Road, south 7.28 Last large site in developad portion of
(Nadalin) the city. Alternative to Lowery Site
13 FFA Road Site just north of Fort Pierce west Green Road between Sunnyland. m~"
184 Quail Ok. .-'-
1 ves Land USA. outside Green IDRI north of Fort Pierce on
Stewardship Turnpike at Minuta maid Road entto
16 Indrio DRI 204 Indrio West ¡Green IDRI NW of Indrio and 1-1)5. TBD credit
agreement to purchase site.
17 Indrio Groves DRI 201 Indrio TVC NE of Indrío and 1-95 Will propose impact fee credit
Lennar)
[j DRI 205 Fort Pierce west Green SW of Picos and Tumpike
19 Provences DRI 206 ¡Midway Green DRI comer of Midway and !-95
-- 196 C Green DR! SE comer of Indrto and Johnston
Roads
21 LTC Ranch DRI Midway Red DR! SW comer 1-95 and Midway
purchase site. Site
p in litioation.
22 Reserve-Montage PSL4 PSL West Red DR! of Reserve t fee credit agreement
to purchase site. Available 12-31-
2008.
ii~8"" PSL6 PSL West West of 1·95 at Gatlin opese impact fee credit
ent to purchase site.
western PSL10 PSL West IRed IDRI West of 1-95 at Gatlin opose impact fee credit
8 site 2 ent to ourchase site.
-FAU Lab PSl6 PSL West Red IDRI West of 1-95 at Gatlin Boulevard impact fee credit
School ase site.
r::\,","""^",,,.,e PSL West Red DRI South ofTradition t fee credit
-Kennedy ase site.
2 Annexation· PSl West Red DR! South of Tredition ~oOO.
Grove DRi ase site.
28 Western annexation- PSL West Red DRI South ofTradition credit
Wilson Groves DRI agreement to purchase site.
Note: Approximately 12 other privately owned sites are being evaluated.
Print Date: 411012006
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