Jan. 19944 d CX 1 I YI
AGREEMENT BETWEEN PARTIES TO DISCUSS SETTLEMENT OF OBWA vs. CITY OF
OKEECHOBEE/COUNTY OF OKEEC'IOBEE LAWSUIT
WHEREAS the City of O the County of Okeechobee, and
Okeechobe Beach Water Association, Inc., (the parties) recognize
the great public interest in providing a comprehensive water and
sewer utility service for the entire area,
AND WHEREAS the parties recognize the great henefits to be
achieved in a unified eff'et to plan together for these services
for all of the citieees of the area,
AND WHEREAS to .;Toid :urther disagreement and litigation, all
the parties wish to enter: eto settlement and planning discussions
in good faith, and to Seel: consensus on the best alternatives for
the delivery of water: and sewer services to the Okeechobee area;
NOW THEREFORE, believing that their interests in this case may
benefit from settle' nt d scussions, it is hereby stipulated and
agreed by the parties throegh the head of their respective boards,
during the period as defined herein, to stay any legal action and
discovery and to join in ary necessary motions to toll any trial or
hearing, and to suspend any and all unilateral activities which are
for the purpose of providing new water and sewer utility service in
the area under dis'lte le the lawsuit. Such activities to be
suspended include, eot limited to, planning, permitting,
funding, and acquis fi.on -ttivity or construction. Excluded from
this suspension of activity is the City's well water treatment
facility currently under construction, including such distribution
line work as is nece:sars to bring this system on line with the
existing City water jistr:.bution system, and any ongoing project
within the City util_lty lstem for which design or construction
contracts have, as ef thi date, already been awarded by the City
Council.
ALL OF THE PART ES t this agreement specifically recognize
and agree that all st.:temerts, discussions, communications, oral or
written, made pursuant to this discussion process are deemed to
be settlement negotiations 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 alternatives with the intent to establish the most
cost efficient and equitable means for providing area wide utility
service for the entire cor unity, and to report their findings to
the Parties respective begirds at least as often ass their regular
meetings or as requested !:y the respective boards.
THE PARTIES agree tit the membership of the working group
will be five member::,.. and that within ten days they will appoint
their respective mere: rs follows:
The Okeechobee City Council one council member and one
citizen of their choosing.
The Okeechobee "aunt Commissioners one commissioner and
one citizen of thei c :hooting.
Okeechobee Beach Water Association one citizen of their
choosing.
RECOGNIZING the need `Tor specialized professional assistance,
the Parties instruct the working group to engage assistance in this
effort, and to prepare and present for approval a schedule of any
funding needs prior to any expenditures being made.
THE PARTIES AGREE th L the City must have assurance from the
Florida Department of Environmental Protection that any delays
caused by this effort will not jeopardize their good standing with
that agency, and agree and accept that, though this assurance must
be acquired, it will lot delay the formation and proceeding of the
working group.
THE PARTIES AGREE that Okeechobee Beach Water must have
assurance from the City thl.t as a result of their participation in
the agreement, their suppy of potable water for their customers
will not be jeopardized nd that the City hereby renews their
previous offer to supply water presently, and subsequent to the
termination of them ,.ist :ng contract, if necessary. Further, the
City and Okeechobee ach Water agree that during the term of these
discussions no allocation of water for users in the disputed
service areas will be madc without mutual agreement between them,
as provided in the exists ig contract between these parties. For
purposes of this attempt et settlement, the disputed service area
will be described as that area claimed by Okeechobee Beach Water as
their service area, which is also within the City's claimed 201
service area. The City a'_;rees that any requests for new water
allocations within 1 aeh Pater's service area which is not within
the disputed area as Jefin 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 provided, however, that any new
allocations or service so granted will not be considered to be an
addition to their current contract amount.
AND LASTLY, the parties agree to abide by the terms of this
agreement for a period of sixty (60) days, and to use their best
faith and efforts :o reach agreement together on the most
beneficial plan for supplying water and sewer services to the
people of the area. The term of this agreement may be extended by
written agreement of all the parties.
AGREED this d of January, 1994 by THE CITY OF
OKEECHOBEE.
Mayor, City of Okeechobee
AGREED this day 'f. January, .i994 by OKEECHOBEE COUNTY,
FLORIDA.
Chairman, BOCC
AGREED this day of January, 1994 by OKEECHODEE BEACH WATER
ASSOCIATION, INC.
President, ()DWI