1994/04/25 Beach Water v City & BOCC-Discuss Lawsuit SettlementAMENDMENT NUMBER ONE TO AGREEMENT BETWEEN PARTIES
TO DISCUSS SETTLEMENT OF OKEECHOBEE WATER ASSOCIATION, INC.
VS. CITY OF OKEECHOBEE/COUNTY OF OKEECHOBEE LAWSUIT
Pursuant to the terms and conditions of the Agreement between Parties to
discuss Settlement of Okeechobee Beach Water Agreement vs. City of
Okeechobee/County of Okeechobee Lawsuit ("Agreement"), the Parties thereto do
hereby consent to an extension of the Agreement until June 30, 1994 and the terms
and conditions of the Agreement will remain in effect and binding upon the Parties
until June 30, 1994 unless further extended by the Parties upon mutual consent.
AGREED this 25 day of April 1994 by the City of Okeechobee.
M ,City of Okeechobee
AGREED this 25 day of April 1994 by the Okeechobee County, Florida.
Chairman, Okeechobee County
AGREED this 25 day of April 1994 by Okeechobee Beach Water
Association, Inc.
President, Okeechobee Efeach Water
Association, Inc.
AGREEMENT BETWEEN PA.i*...'1' I ES `0 DISCUSS SETTLEMENT or O }TWA vs. CITY OF
OKEECHOBEE/COUNTY 0L O.,,EE!_-TOBEE LAWSUIT
WHEREAS the City of 0!,eechobee, the Count; of Okeechobee, and
Okeechobe Beach Watt. Ass+•ciation, Inc., (the parl.i.es) recognize
the great public in!.: rest. i.n providing a comprelicn:~ive water and
sewer utility service for _he entire area,
AND WHEREAS th:~ part'.es recognize the great ')enefits to be
achieved in a unifi ef= -_t to plan together for these services
for all of the citi c` the area,
AND WHEREAS to -a ;.tither disagreement and litigaticn, all
the parties wish to settlement and planning discuissiono
in good faith, and _ See!: consensus on the best alternatives for
the delivery of wat--~i: -nd -sewer services to the Okeechobee area;
NOW THEREFORE, 1);~lie -.ng that their interest:- in this case may
benefit from settle,nr-.,n!. d cussions, it is hereby stipulated and
agreed by the parties thro•igh the head of their respective boards,
during the period as defined herein,, to stay any legal action and
discovery and to join is ar-v necessary motions to toll any trial or
hearing, and to suspend any and all unilateral activities which ar'3
for the purpose of prut-idirg new water and sewer utility service in
the area under t the lawsuit. Such activities to be
suspended include, ;:,ut tc.t limited to, planning, permitting.
funding, and acquis?'.:•;n r-tivity or construction. Excluded frotl
this suspension of activity is the City's well water treatment
facility currently un-l-er c•.-nstruction, including such distribution
line work as is nece:sar to bring this system on line with the
existing City water '.istr_.bution system, and any ongoing project
within the City utility :_;stem for which design or construction
contracts have, as c.rF thi date, already been awarded by the City
Council.
ALL OF THE PART- 1--3 t , this agreement specifically recognize
and agree that all statements, discussions, communications, oral or
written, made pursu.:,:;t to this discussion process , are deemed to
be settlement negotiation.-~ and as such are not admissible as
evidence in any lawsuit or administrative hearing or proceeding.
THE PARTIES do hereby authorize and create a utilities
mediation working group tc explore, on their behalf, all relevant
information and alternativ-:~s with the intent to establish the most
cost efficient and e.iita? i.e means for providing area wide utility
service for the entii co,::r,unity, and to report their findings to
the Parties respect.v at least as often asp their regula_
meetings or as reque=ted the respective boards.
THE PARTIES ag:- t]-t- the membership of the working grow-3
will be five member-. and that within ten days they will appoint
their respective met:u :::s ; follows:
r-_
The Okeechobee -'ity Council one council member and one
citizen of their chuc,sina.
The Okeechobee +_~unt: Commissioners one commissioner and
one citizen of thei- _:hoo. _ng.
Okeechobee Beacli Wa+_. r Association one ri `.izcn of thei
choosing.
RECOGNIZING th need `:or specialized professional assistance,
the Parties instruct he w--,rking group to engage assistance in this
effort, and to prepa;_e and present for approval a schedule of any
funding needs prior to an expenditures being made.
THE PARTIES AGRFF th-t the City must have assurance from the
Florida Department cf En,..ironmental Protection that any delays
caused by this effort will not jeopardize their good standing with
that agency, and aare-- and accept that, though this assurance must
be acquired, it will ..nt j -lay the formation and proceeding of the
working group.
THE PARTIES A,',F:EE t!lat Okeechobee Beach Mater must have
assurance from the Ci` thi t as a result of their participation in
the agreement, them =upp:1 of potable water for their customer:
will not be jeopar)~_--ed -nd that the City hereby renews thei_
previous offer to :ru:')ply rater presently, and subsequent to the
termination of their ;:ist..ag contract, if necessary. Further, the
City and Okeechobee B+ ach 'rater agree that during the term of these
discussions no allor7atio: of water for users in the disputed
service areas will be made without mutual agreement between them,
as provided in the e::isti :g contract between these parties. For
purposes of this attempt --t settlement, the disputed service area
will be described as that _-ea claimed by Okeechobee Beach Water as
their service area, irhich is also within the Citv's claimed 201
service area. The City u?rees that any requests for new water
allocations within T'c,a,.:h ~°?:-ter's service area which is not within
the disputed area as (1efin,-•d above, will be considered and granted
with the same priorit: and at the same rate as they would give for
other requests in tle Co"ttty, provided, however, that any new
allocations or service so xranted will not be considered to be an
addition to their current :ontract amount.
AND LASTLY, tha parties agree to abide by the terms of this
agreement for a peric_1 of sixty (60) days, and to use their best
faith and efforts :o reach agreement together on the most
beneficial plan for supD':ying water and sewer services to the
people of the area. The te..m of this agreement may be extended by
written agreement of all the parties.
AGREED this (1:;.y of January, 1994 by THE CITY Or
OKEECHOBEE.
Mayor, City of Okeechobee
AGREED this ?ay )f January, 1994 by OKEECHOBEE COUNTY,
FLORIDA.
Chairman, BOCC
AGREED this clay cr January, 199,4 by OKEECHOLEE BEACH WATER
ASSOCIATION, INC.
President, OBWA