HomeMy Public PortalAboutStormwater AgreementSTORMWATERD��RAINAGE AGREEMENT
This agreement is entered into as of this0`0Vt' day of 2022, by and
between THE LITTLE CLUB, INC. 100 Little Club Road, Gulf Stream, FL 33483 ("Little Club") and
the TOWN OF GULF STREAM, 100 Sea Road, Gulf Stream, FL 33483 ("Town") (collectively,
"Parties")
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WHEREAS, the Little Club and the Town each have a need to accommodate storm
water drainage; and
WHEREAS, the Little Club owns various equipment and facilities used for the purpose
of addressing drainage requirements for the Little Club and the Town; and
WHEREAS, the Little Club and the Town, for more than fifty years, have enjoyed a
relationship of close mutual support and cooperation.
NOW, THEREFORE, the Little Club and the Town, in consideration of the mutual
promises and benefits contained herein, hereby agree as follows:
1. The foregoing recitals are true and correct.
2. The Little Club agrees that it shall provide to the Town the benefit of the use of the
equipment and facilities which the Little Club possesses and uses in its drainage
control system.
3. The Town hereby agrees to pay the Little Club $2,000 per year in support of this
activity to compensate the Little Club for recurring and non -recurring expenses
related to the Town's share of expenses for the maintenance, operation and repair
of said drainage system. This sum shall be revised annually in accordance with the
Consumer Price Index and shall be paid on October 1 of each year.
4. The Little Club shall maintain an accounting of expenditures for its drainage system
on a cumulative year-to-year basis. The Little Club's accounting in regard to said
expense may be inspected by the Town on thirty days notice.
5. This Agreement is based on present capacity of the drainage system for stormwater
to flow from the Town rights of way to the Little Club's lakes at the rate of
approximately 8 cubic feet per second (cfs) based on the South Florida Water
Management District's 25-year, 3-day storm event, and shall be renegotiated in the
event either Party's requirements substantially change.
6. The Little Club may cancel this Agreement in the event the Town fails to make the
payments required hereunder by providing notice to the Town and a 30 day
opportunity to cure by making the requested payment. In the event the Town's
drainage requirements or systems change substantially, the Town may cancel this
contract upon six (6) months notice to the Little Club.
7. In the event the Little Club sells or the use of the property upon which the drainage
system is located substantially changes, the Little Club may cancel this contract
upon six (6) months notice to the Town.
8. The Town acknowledges that the Little Club has not made any representation to it
concerning the adequacy of said drainage system, and the Town agrees that it will
take no action against the Little Club arising out of inadequacy of its drainage
system.
9. In the event of unanticipated circumstances, either party may approach the other to
renegotiate this Agreement.
IN WITNESSETH WHEREOF, the Little Club and the Town have executed this
Agreement as of the date first written above
Witne
Wi ness
ATTEST:
Approved as to form and
legal sufficiency:
Town torney
THE LITTLE CLUB, INC
By:
President
TOWN OF GULF STREAM, FLORIDA