Interlocal Agreement First Interstate Neptune Limited Partnership 01-14-87 v 4
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made pursuant to Florida Statute 163
between and among FIRST INTERSTATE NEPTUNE LIMITED PARTNERSHIP, an Ohio
limited partnership registered to do business in the State of Florida (the
"Developer") , THE CITY OF NEPTUNE BEACH, a municipal corporation ("Neptune
Beach"), and THE CITY OF ATLANTIC BEACH, a municipal corporation ("Atlantic
Beach") this day ofa„ l,veyc , 198$, is to evidence the following
agreements and understandin6s: /
WITNESSETH :
WHEREAS, the Developer is the owner of Neptune Square Shopping Center
located on Atlantic Boulevard in the City of Neptune Beach, Florida (the
"Shopping Center") ;
WHEREAS, the Developer commenced construction of the Shopping Center
after receiving a building permit for the commencement of the Shopping Center
from Neptune Beach;
WHEREAS, Neptune Beach is and will be unable to provide sewage service
to the Shopping Center upon the completion of the Shopping Center by the
Developer;
WHEREAS, Atlantic Beach has agreed to provide sewage service to the
Shopping Center upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements set forth herein, the parties hereto hereby agree as follows:
1. Interim Tie-in to Atlantic Beach.
(a) The parties agree that the Developer, at the Developer's sole
cost and expense, shall construct a sewage force main crossing which shall be
a four inch (4") force main and casing sewage line under the right of way of
Atlantic Boulevard in front of Pine Street in order to bring the Shopping
Center's sewage to Atlantic Beach's sewage line. The Developer shall also be
responsible, at the Developer's sole cost and expense, to install and maintain
additional sewage lines from the tie-in point of Neptune Beach's sewage system
to the four inch (4") force main and casing described in the preceding
sentence, and from the four inch (4") force main and casing to the tie-in
point for Atlantic Beach. The sewage line shall be installed in such a
fashion so as to allow the Developer to terminate the flow of sewage to
Atlantic Beach and switch the flow of sewage to Neptune Beach at such time as
Neptune Beach is able to provide the Shopping Center with sewage service
within the five (5) year period described in subparagraph (b) below. Atlantic
Beach agrees to grant the Developer a temporary easement over a portion of
Pine Street for the purpose of allowing the Developer to bore and jack under
Atlantic Boulevard.
(b) The tie-in of the Shopping Center sewage service to Atlantic
Beach is contemplated to be on an interim basis for a period not to exceed
five (5) years. In the event Neptune Beach is unable to provide the Shopping
Center with sewage service within five (5) years after the date of this
Agreement, the tie-in to Atlantic Beach shall become permanent and the
Developer shall pay to Altantic Beach impact fees in accordance with
ordinances of Atlantic Beach in effect as of the date of permanent connection.
(c) The Developer shall be required to switch the flow of sewage to
Neptune Beach within thirty (30) days after receipt of written notice from
Neptune Beach that Neptune Beach can provide sewage service to the Shopping
Center. Upon the switch of flow of sewage to Neptune Beach, the Developer
shall pay to Neptune Beach impact fees in accordance with the ordinances of
Neptune Beach in effect as of the date of permanent connection.
2. Payment of Sewage Service Charges.
(a) During the period the Shopping Center receives sewage service
from Atlantic Beach; Neptune Beach agrees that it shall bill the Shopping
Center tenants for sewage service based upon the rates stated in subparagraph
(b) below and that it shall promptly remit receipts for such sewage service
charges to Atlantic Beach. Neptune Beach agrees to make its meter reading
records available for audit and inspection by Atlantic Beach at reasonable
times upon the request of Atlantic Beach. The Developer agrees that in the
event payment for sewage charges has not been made within fourteen (14) days
after written notice that the same was not paid when due, Neptune Beach shall
have the right to discontinue water or sewage service to any tenant who has
failed to make such payments.
(b) The charges of Atlantic Beach for sewage service to the Shopping
Center shall be equal to one hundred fifty percent (150%) of the then existing
sewage service rates charged by Atlantic Beach in accordance with the then
existing ordinances of Atlantic Beach during the period the Shopping Center is
tied into the sewage system for Atlantic Beach. At such time as the Shopping
Center is tied into the sewage system for Neptune Beach, sewage service
charges shall be based upon the then current sewage service rates in
accordance with the then existing ordinances of Neptune Beach.
3. Installation and Maintenance of System.
(a) The Developer agrees that it shall install and maintain the
sewage lines necessary for the tie-in to Atlantic Beach as well as for the
tie-in to Neptune Beach at its sole cost and expense. All plans and
specifications for the installation of the sewage lines shall be as permitted
by the Florida State Department of Transportation and by the State of Florida
Department of Environmental Regulation. Developer agrees that it shall obtain
permits required from the Florida Department of Environmental Regulations and
from the Florida Department of Transportation for the installation of the
sewage lines.
(b) The Developer agrees that it shall not discharge into the sewage
system of Neptune Beach or Atlantic Beach any substances at levels which are
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not permitted by the then existing ordinances of Atlantic Beach, Neptune
Beach, or the State of Florida Department of Environmental Regulation.
IN WITNESS WHEREOF, the parties hereto have executed this Interlocal
Agreement as of the date and year first above written.
FIRST INTERSTATE NEPTUNE LIMITED PARTNERSHIP,
an Ohio limited partnership
By: INTERSTATE CENTERS COMPANY,
an Ohio corporation,
Gener l P r
i
BY: C C /- ,��C.
MTCHELL C., 5HNEIDER, Sec - ..ry
"Developer"
ATTEST: THE CITY OF NEPTUNE BEACH, a Municipal
p corporation
oto (lI�,'� 2 ekRABy:
DONNA WILLIAMS, City Clerk ISH BRANT, Mayor
"Neptune Beach"
ATTEST: THE CITY OF TLANTI : , H, a Municipal
corpora '
LAIDE TUCKER, City Clerk WILL AM S. OWELL, Mayo
Y
"Atlantic Beach"
This Interlocal Agreement is approved by the undersigned as to correctness and
form.
C AUDE L. MUL IS, ESSUIRE
City Attorney for Atlantic Beach
Interim City Attorney for Neptune Beach
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LAW OFFICES OF 11 / _3 ('o -
CLAUDE L MULLIS fig° -B
PROFESSIONAL ASSOCIATION
4250 LAKESIDE DRIVE/SUITE 114 OF COUNSEL TO
JACKSONVILLE, FLORIDA 32210 LIVERMORE, KLEIN 8 LOTT
1750 GULF LIFE TOWER
CLAUDE L Muws (904)388-1289 JACKSONVILLE, FLORIDA 32207
January 18, 1988
Honorable Mayor Ish Brant
and Members of City Council
City of Neptune Beach
Post Office Box 700
Neptune Beach, Florida 32233
Re: Interlocal Agreement Atlantic Beach,
Neptune Beach and First Interstate
Neptune Limited Partnership
Gentlemen:
The Interlocal Agreement between the City of Atlantic Beach,
the City of Neptune Beach, and First Interstate Neptune Limited
Partnership, providing sewage service to Neptune Square Shopping
Center was signed by the Mayors ' of each City and the limited
partnership on January 14 , 1988 , copies were delivered to the
Clerk of each City for their records.
We have been advised that all permits required of State
agencies have been approved and the shopping center should open
on schedule and the provision for sewage service will be
provided.
The Officials of each City and the developers are to
complimented for their cooperation in solving a complex problem
and I was requested to express the appreciation of the shopping
center developer to each Citys ' governing body.
Sincerely,
Maude L. uls
City Attorney
CLM/mok
cc: Mayor William S . Howell
Donna William, City Clerk
Adelaide Tucker, City Clerk
Mitchell Schneider