09-20-1994 SEP -20 -94 TUF DEAN MEAD MINTON FAX NO. 4074647877 P. 02/07
DEAN. MEAD MINTON
ATTORNF:rS AND COL %NSELOR5 AT LAW
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September 20, 1994
John Drago
City of Okeechobee
55 SE Third Avenue
Okeechobee, FL 34974
Re: Extension and Modification Agreement by and
between Okeechobee Beach Water Association, Inc.
("Association") and City of Okeechobee "City
Dear John:
Pursuant to your request, we have prepared and
Extension and Modification Agreement designed to modify and
extend the current Agreement between the Association and the City
for one year incorporating the changes reflected in our
correspondence dated September 19, 1994 with the following
additional modifications;
1. Per your request, we have not modified the
definition of "service area" to incorporate a definition of
"infill which had been included as item no. 4 on our September
19 letter;
2. Likewise, we have incorporated the volume language
from your proposed Agreement, but left the volume amounts blank
for the time being; and
3. We have incorporated those boilerplate provisions
from the last page of. your Wholesale Water Agreement supplied to
us on Friday of last week that we believe would not adversely
affect the existing relationship between the parties or prejudice
any ongoing litigation.
4. In light of our conversation during lunch
regarding limiting restrictions to the "Disputed Area", we would
propose to incorporate the following as a new paragraph 3:
3. For the purposes of this Agreement, the term
"Disputed Area" shall mean that overlapping
geographic area south of the Association's service
area as defined in Exhibit "A" of the Agreement
and north of the City's 201 Facility Planning Area
Boundary, the legal description for which is
attached hereto and made a part hereof as Exhibit
"B" which area is highlighted on the map attached
hereto and made a part hereof as Exhibit "C The
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SEP -20 -94 TUE DEAN FAX NO. 4074647877 P. 03/07
John
City of ;)keechobe
September 20, 1994
Page 2
parties hereby agree that within the Disputed Area
during the term of this Agreement, (i) the
Association will not extend new service except as
necessary for infill which is defined as the
installation of 5/8 "x 3/4" meters on lines run
from the existing mainlines, and (ii) the City
will not extend service to any new customers.
Please review the enclosed Extension and Modification
Agreement and give me your comments as soon as possible. By copy
of this letter, I am likewise forwarding a draft of this
Agreement to Burton Conner for review and comments.
With best regards, I remain,
Sir c ,fly ours,
ichael :Minton
MAM /dj
Enclosure
cc: Burton Conner, Esq. (w /enclosure) (via telefax)
John Abney (w /enclosure) (via telefax)
John Cassels, Esq. (w /enclosure) (via telefax)
John Cook, Esq. (w /enclosure) (via telefax)
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SEP -20 -94 T!.IF DEAN MEAD MINTON FAX NO, 4074647877 P.05/07
EXTENSION AND MODIFICATION AMEMENT
THIS EXTENSION AND MODIFICATION AGREEMENT made and
entered into this day of September, 1994, by and between the
Okeechobee Beach water Association, Inc., a Florida non profit
corporation with its principal place of business in Okeechobee
County, Florida, (hereinafter .referred to as the "Association")
and the City of Okeechobee, a municipal corporation located in
Okeechobee County, Florida (hereinafter referred to as the
"City
WHEREAS, the Association and City entered into that
certain Agreement dated August 6, 1985 (hereinafter referred to
as the "Agreement whereby the City agreed to provide to the
Association potable water pursuant to the terms thereof; and
WHEREAS, the term of said Agreement is for ten (10)
years terminating on September 30, 1994; and
WHEREAS, as a result of disagreements between the
Association and the City related to the Agreement, there is
ongoing litigation regarding the Agreement and other matters
between the parties; and
WHEREAS, the parties are desirous of extending the
terms of said Agreement for one (1) year while efforts are
undertaken to form a regional water utility authority which would
make the current litigation between the parties moot, but the
parties do not wish to prejudice either party's position in said
litigation during said year;
NOW, THEREFORE, in consideration of the sum of One
Dollar ($1.00), the receipt and sufficiency of which is hereby
acknowledged, and other good and valuable consideration, the
parties hereby agree to extend and modify the terms of said
Agreement to become effective as of October 1, 1994 and for the
time period subsequent thereto;
1. The foregoing recitals are true and correct and
are incorporated herein.
2. Paragraph 1 of the Agreement is hereby amended and
modified by the deletion of the phrase "...750,000 gallons per
day for a period of ten (10) years" and the insertion in lieu
thereof of the phrase gallons per day (on a thirty
(30) day running average) with the maximum single day not to
exceed gallons per day for a period of one (1) year...
SEP -20 -94 TUE DEAN MEAD MINTON FAX NO. 4074647877 P.06/07
.3. Paragraph 2 is hereby deleted in its entirety and
the fol1owi_ng is substituted in lieu thereof:
The Association agrees to pay water rates and fees
applicable to wholesale water treatment in the
County in accordance with the terms of Resolution
No. 89 5, a copy of which is attached hereto and
made a part hereof as Schedule "A
4. Paragraph 3 is deleted in its entirety.
5. Paragraph 8 is deleted in its entirety and the
following is substituted in lieu thereof:
The term of this Agreement shall be for a period
of one (1) year commencing October 1, 1994 and
shall be binding upon the successors and assigns
of Lhe parties hereto.
6. The parties agree to insert new paragraphs 9 11
immediately after paragraph 8 and before the closing of the
Agreement which shall read a5 Follows:
9. Any notice required or allowed to be delivered
hereunder shall be in writing and be deemed to be
delivered when (a) hand delivered to the official
hereinafter designated, or (b) upon receipt of
such notice when deposited in the United States
mail, postage prepaid, certified mail, return
receipt requested, addressed to a party at the
address set forth opposite the party's name below,
or at such other address as the party shall have
specified by written notice to the other party
delivered in accordance herewith:
CITY: City Administrator
City of Okeechobee
55 S.S. Third Avenuc
Okeechobee, Florida 34974
OWNER: President
Okeechobee Beach Water Association
8840 Highway 78 West
Okeechobee, Florida 34974-9787
SEP -20 -94 'JF DEAN MEW' MiNTON FAX NO. 4074647877 P. 07/07
10. If any part or this Agreement is found invalid
or unenforceable by any court, such invalidity or
unenforceability shall not affect the other parts
of the Agreement if the rights and obligations of
the parties contained therein are not materially
prejudiced and if the intentions of the parties
can continue to be effected. To that end, this
Agreement is declared severable.
11. This Agreement and the provisions contained
herein shall be construed, controlled, and
interpreted according to the laws of the State of
Florida.
7. Except as amended and modified pursuant to the
terms hereof, the terms and conditions of the Agreement shall
c :antinue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hei:eunder
executed this Extension and Modification Agreement on the date
and year first above written.
ATTEST: CITY OF OK.EECHOBk
By: By:
City Clerk
James Kirk, Mayer of
Okeechobee
Date:
OKEECHOBEE BEACH WATER
ASSOCIATION
B y By;
Secretary Leland C. Pearce,
President
Date:
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DEAN, MEAD MINTON
ATTORNEYS AND COUNSELORS AT LAW
1903 SOUTH 25TH STREET (407) 464-7700
P. 0. BOX 2757 SUITE 200 (407) 562 7700
FORT PIERCE, FLORIDA 34954 2757 FORT PIERCE, FLORIDA 34947 FAX (407) 464 -7877
September 20, 1994
John Drago
City of Okeechobee
55 SE Third Avenue
Okeechobee, FL 34974
Re: Okeechobee Utility Authority
Dear rago:
Thank you for meeting with Ken Crooks, Gerald Hartman
and me last week regarding our efforts to develop the
documentation to establish the above- referenced utility
authority. During our meeting, we requested the following
documents and materials:
1. Copy of City Code or ordinances concerning
utilities.
2 Any agreements between the City of Okeechobee and
Okeechobee Beach Water Authority.
3. Any developer agreements.
Any existing franchise agreements.
'5. Organizational chart for City personnel.
-6. Copies of all Official Statements concerning City
utility bond issues.
�1. Most current financial statement, both annual and
monthly, including current account balances.
--8. Copy of City budget provisions regarding
utilities.
9. Documents reflecting Construction Work in Progress
concerning utilities, and any recently completed
utility construction.
10. Copy of City Comprehensive Plan provisions
concerning utilities.
11. Any lease agreements concerning utility
facilities.
12. Documents concerning consumptive use permits from
South Florida Water Management District.
13. Documents describing City pension plan covering
utility employees.
)4`. Copy of any labor agreements involving City
utility employees.
IN ORLANDO DEAN
DEAN, MEA D, EGERTON, BLOODWO RT H, IN SREVARD COUNTY
D EA N� MEA D� $PIE LVOGEL, GOLD MAN BOYD
CAPOUANO 4,02 RT H, P. A. MEAD
(407) 64, OLA (407) 453 2333.(.07) 250 8900 .(407) 725 -6373
4
John Drago
City of Okeechobee
September 20, 1994
Page 2
Please forward the above- referenced documents to us as
soon as possible. If you can think of any additional agreements
or documents of which we should be made aware that is not
included in our list, please enclose those items as well. We
appreciate your assistance and look forward to working with you
as we structure the utility authority.
With best regards, I remain,
S'. e .yy....,
Michael D. Minton
MDM /dj
cc: John Abney
Gerald Hartman
Kenneth C. Crooks, Esq.
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