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Letter of Agreement v V LETTER OF AGREEMENT This agreement is made and executed this day of , 1997 by and between the City of Atlantic Beach, Florida, a Municipal Corporation, and the Jacksonville Electric Authority (JEA), Florida, an Independent Authority of the City of Jacksonville. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: � 1. The City of Atlantic each agrees to accept JEA'S sewage from their Village of Mayport Force Main once the �into Atlantic Beach's Sewer System is approved by ---- Atlantic Beach's Public Works Director. 2. The JEA, in return for the acceptance of the sewerage by the City of Atlantic Beachhagrees to pay the City of Atlantic Beach all fees and charges as are charged to commercial and residential accounts within the City of Atlantic Beach for sew rage. All sources of water entering the Village of Mayport Force Main will be metered by the JEA at the source of the water. All such meters must be approved by the Public Works Director of Atlantic Beach and inspected on an on-going basis by the Director. Any meter deemed not acceptable will be replaced by JEA. 3. The JEA agrees that they will be responsible for reading the meters on a monthly basis and provide to Atlantic Beach a certified fisting of such reads to be used for its billing purposes. If for some reason a meter ca6 not be used to measure water at a location or for known intrusion, Atlantic Beach will estimate a monthly reading to be used for billing; 0_ .f'6p f Pft cjia, 9iv, 4. The JEA agrees to hold Atlantic Beach harmless for any and all expenses, damages, and penalties arising out of misuse, failure or damage related to the JEA's Force Main. JEA will indemni tie City of Atlantic Beach against all such occurances by making Atlantic Beach the b ifi of a libility insurance policy for $ 5. The JEA agrees to pay all bills assocated with their force main within thirty (30) days of receipt of a bill from Atlantic Beach. Failure on JEA's part to pay a bill within thirty days will result in 10%fee for each thirty (30) days that a payment is late. 6. Atlantic Beach will guarantee an average daily flow of 113,000 for JEA at its Buccaneer Sewer Plant. No guarantee will be given by Atlantic Beach for a capacity exceeding 113,000 gallons per day unless the JEA elects to reserve future capacity by paying Atlantic Beach monthly minimum sewer charge based on the amount reserved. In no case will the amount reserved - .. _, ' • ., '-O- - . . . _ . ! - - - .- . , . caA/JQ de / / C ca-/<tt �p So p Letter of Agreement City of Atlantic Beach and JEA Page 2 7. JEA agrees to strictly adhere to all Federal, State and local laws and rules in the acceptance of sewerage into their sewer system at Mayport. In addition, JEA agrees to hold Atlantic Beach harmless and indemnify said City against all claim and finds resulting from problems associated with their sewerage. 8. In addition, the JEA will adhere to all requirements of Chapter 22 of the City of Atlantic Beach Code of Ordinances,just as it would relate to any commercial or residential facility within Atlantic Beach. The City of Atlantic Beach reserves the right to inspect public and private facilities related to the force main, as it would within Atlantic Beach. Dated this day of , 1997. By Witnessed Authorized JEA Representative Witnessed APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney Approved: Authorized City of Atlantic Beach Representative James R. Jarboe, City Manager ATTESTED: City Clerk