2002-034 1st Amendment to NPDES Agrmt (Extension)RESOLUTION 34-2002
• A RF,SOLU7'lON OF THE VII,I,AGE COUNCIL OF THE VILLAGE OF NORTH PALM
BF.ACI 1, FLORIDA, AUTI IORI7ING AND DIRECTING THE MAYOR AND VILLAGE CLERK
'I O EN7'I:R INTO A FIRST AMENDMENT TO THE NATIONAL POLLUTANT DISCHARGI;
F,I,IMINA7'ION SYSTEM (NPDES) INTERLOCAL AGREEMENT DATED SL'PTEMI3ER 24,
1997, BY AND BE7'WEF,N NORTHERN PALM BEACH COUNTY IMPROVF,MF,NT DIS7'R1C7'
(DISTRICT) AND VILLAGE OF NORT}I PALM BEACH WHICH AMENDMENT IS
A7'7'ACI lED AS EXHIBIT "A" AND FOR THE PURPOSE OF EXTENDING THE TERM OI'
'I'HI? IN"fER1,OCAL AGREEMENT FROM SEPTEMBF,R 3Q 2002, UNTIL THE DISTRICT
ANll "I'H1; VILLAGE EXECUTE A NGW INTERLOCAL AGREEMENT UPON RF3NEWAI, OF
7'111? NPDES PI3RMIT BY THE FLORIDA DEPARTMENT Oh ENVIRONMI:N7'AI,
PROTF,CTION (FDEP) FOR A FIVE (5) YEAR TERM; AND, PROVIDING FOR AN
1?PI'ECTIVE DATE.
BI? 17' RESOLVED BY THFs VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. 7'he Village Council of the Village of North Palm Beach, Florida, does hereby approve
the First Amendment to the National Pollutant Discharge Elimination System (NPDES) Interlocal
Agreement dated September 24, 1997, by and between Northern Palm Beach County Improvement
District (District) and Village of North Palm Beach, which amendment is attached as Exhibit "A"
and for the purpose of extending the term of the Interlocal Agreement from September 30, 2002,
until the District and the Village execute a new Interlocal Agreement upon renewal of the NI'll}?S
permit by the Florida Department of Environmental Protection (FDEP) Tor a five (5) year term.
Section 2. The Village Council does hereby authorize and direct the Mayor and Village Clerk to
execute the i'irst Amendment with Northern Palm Beach County Improvement District Tor and on
behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
1'ASSI
(Villag
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AT"I'Is'
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FIRST AMENDMENT (;, }:; , :, i '; !; • r'3
EXTENSION OF TERM OF
NPDES INTERLOCAL AGREEMENT
This FIRST Amendment (the "FIRST AMENDMENT") shall be effective as of the
~q ~'' day of ~i.t Nsf 2002 ("the Effective Date"), and is being entered
into by and between NORTHE PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357
Hiatt Driv~e/ P Beach Gardens, Florida 33418 (heteinafter'referred to as "the Lead Permittee")
and Y//ASE O~'/YO,esG1 ~,Q//'yly~1~~4/sh ,
(hereinafter referred to as "the Co-Permittee").
WHEREAS, the parties havepreviously entered into anNPDES Interlocal Agreement (a true
and correct copy of which is attached hereto and is referred to herein as the "Agreement"), which
Agreement expires September 30, 2002; and
WHEREAS, the Agreement described the parties' obligations and responsibilities relating
to the NPDES Permit referenced therein; and
WHEREAS, a timely reapplication or renewal of the NPDES Permit for its second five (5)
year term is currently pending, but it is uncertain at this time as to when the Florida Department of
Environmental Protection ("FDEP") will take final action on the pending application; and
WHEREAS, pursuant to FDEP Rule 62-624.420(4), Florida Administrative Code, the
existing NPDES Permit shall not expire until FDEP has taken final action on the pending
application; and
WHEREAS, a draft of a new Interlocal Agreement covering the second term of the NPDES
Permit is currently being negotiated by the parties; and
WHEREAS, the parties wish to extend the terms and provisions of the current NPDES
Interlocal Agreement until such time as FDEP grants the pending application for renewal of the
NPDES Permit for its second five (5) year term.
NOW, THEREFORE, the undersigned parties, for and in consideration of the mutual benefit
set forth herein, the sufficiency of which is hereby acknowledged, do hereby enter into this FIRST
AMENDMENT to the NPDES Interlocal Agreement, and agree with each other as follows:
• (1) Term. The term contained in Section 4.01 of the NPDES Interlocal Agreement
which would otherwise expire on September 30, 2002, is hereby extended under the
same terms and conditions contained in said NPDES Interlocal Agreement until the
• execution by the Lead Permittee and Co-Permittee of a new interlocal agreement for
the second five-year term NPDES Permit.
(2) Fiscal Year Amendment. The phrase "Fiscal Year" as defined in Section 4.02 of the
NPDES Interlocal Agreement shall also include: (vi) a Sixth Fiscal Yeaz from
October I, 2002 through September 30, 2003 and (vii) a Seventh Fiscal Year from
October I, 2003 through September 30, 2004.
(3) Counteparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
(4) Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court
in and for Palm Beach County, Florida.
(5) Effective Date. This Agreement shall be effective as of the last date that it is signed
by al] parties hereto.
IN WITNESS WHEREOF,.-the parties have set their hand and seals the day and year
hereinafter written.
EXECUTED by Lead Permittee this ~~ day of , 2002.
ATTEST: BOARD OF SUPERVISORS, NORTHERN PALM
BEACH COUNTY IMPROVEMENT DISTRICT
,/' , ~ '~
Peter L. Pimentel; Secretary Pamela M. Rauch
(SEAL)
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EXECUTED byCo-Permitteethis /~~~/1 day of__s~~ ,2002.
~ ~
By: By. ~-
(SEAL)
APP)ZOVBD AS TO FORM AND
I,EGAI, SUFFICIENCY
By:
0 d.161CJ:ORT1 [L'IU: dJYUIS¢rmnd ~Ime wpd