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HomeMy WebLinkAbout736-Wholesale water CITY OF SANFORD AND SEMINOLE COUNTY WHOLESALE WATER AND WASTEWATER SERVICE AGREEMENT THIS AGREEMENT is made and entered into this /~ day of ~/9d¢ , 19 ~, by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as ~'COUNTY," and CITY OF SANFORD, a Florida municipal corporation, whose address is Post Office Box 1788, Sanford, Florida 32772, hereinafter referred to as "SANFORD," WITNESSETH: WHEREAS, SANFORD owns and operates a potable water and wastewater system located in incorporated SANFORD and is desirous of selling, on a wholesale basis, potable water capacity and" wastewater treatment and disposal capacity to COUNTY; and WHEREAS, COUNTY wishes to purchase potable water capacity and wastewater treatment and disposal capacity on a wholesale basis from SANFORD to serve a proposed single family residential development, hereinafter referred to as the "Property," as depicted in Exhibit "A," attached hereto and incorporated herein; and WHEREAS, the COUNTY has identified a need for potable water capacity of forty-five thousand five hundred (45,500) Gallons Per Day (GPD) daily flow and for wastewater treatment and disposal capacity of thirty-nine thousand (39,000) GPD average daily flow to serve the Property; and CERTIFIED COPY MARYANNE MORSE CERK OF CIRCUIT COURT SEMINOLE COUNt, FLORIDA DEPUTY CLERK W}tEREAS, the COUNTY and SANFORD wish to mutually cooperate in provision of water and wastewater service capacity to COUNTY subject to the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the terms, provisions and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do mutually agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and form a material part of this Agreement upon which the parties have relied. Beetion 2. Definitions. The parties agree that in construing this Agreement, the following words, phrases and terms shall have the following meanings unless the context clearly indicates otherwise: Agreement - this Wholesale Water and Wastewater Agreement as it may from time to time be modified. Collection Facilities the lines, pipes, meters and all other a~purtenant equipment owned, operated and maintained by COUNTY used to collect wastewater from the Property and transmit same to the SANFORD wastewater system at the point of connection as depicted in Exhibit Distribution Facilities - those lines, pipes, meters and all other appurtenant equipment and facilities owned, operated and maintained by COUNTY used to transmit and distribute potable water to the Property from the SANFORD water system at the point of connection as depicted in Exhibit ~A." GPD - gallons per day, average annual basis. Potable Master Meter - existing master meter owned, operated, and maintained by SANFORD and located at the Northwest corner of the intersection of Airport Boulevard and Old Lake Mary Road. Residential Wastewater Strength - residential and commercial wastewater discharged exhibiting the following characteristics: biochemical oxygen demand of 300 mg/1 or less, suspended solids of 300 mg/1 or less, and a pH between 6.5 and 8.0. Prohibited discharges include constituents that could cause a fire or explosion; solid or viscous substances which could obstruct flow or interfere with the system, or discharges containing any toxic pollutants. COUNTY shall require grease traps and industrial pretreatment of its customers as applicable and in accordance with Federal, state and local guidelines. Water Connection Fees - those fees and charges established for t~e COUNTY utility. system -and paid to SANFORD for water service capacity sold pursuant to this Agreement. Water Service Capacity - the amount of water flow measured in GPD, which COUNTY wishes to buy from SANFORD and which SANFORD agrees to deliver in accordance with this Agreement. Wastewater Connection Fees those fees and charges established for the COUNTY utility system and paid to SANFORD for wastewater service capacity sold pursuant to this Agreement. Wastewater Service Capacity - the amount of wastewater flow measured in GPD, which COUNTY wishes to buy from SANFORD and which SANFORD agrees to accept at its wastewater transmission system in accordance with this Agreement, Water Transmission Facilities - lines, pipes, meters and all other appurtenant equipment and facilities. Wastewater Transmission Facilities - lift stations, force mains, pumps, meters and all other appurtenant equipment and facilities. Section 3. Purpose. Subject to the terms and conditions hereinafter set forth: SANFORD shall sell and deliver to COUNTY and COUNTY shall purchase and receive from SANFORD water and wastewater service capacity of 45,500 GPD and 39,000 GPD, respectively. Section 4. Term. This Agreement shall continue in full force and effect from the complete execution hereof and thereafter for twenty-five (25) years; provided, further, that this Agreement s~all be automatically extended for successive ten (10) year periods. Section 5. Provision of Water Service Capacity. a. Provision of Water Service Capacity by SANFORD. SANFORD shall provide Water Service Capacity to COUNTY in the following manner and subject to the following terms and conditions: 1. SANFORD grants and allocates to COUNTY an option to purchase up to 45,500 GPD of Water Service Capacity for service to the Property pursuant to this Agreement. SANFORD's obligation to provide the 45,500 GPD shall be contingent upon COUNTY's payment to SANFORD of applicable Water Connection Fees as set forth in Section 7 herein. Nothing herein shall be construed to supersede or create a greater obligation on the COUNTY than the terms of the City of Sanford/Seminole County Urban Service Area and Utility Service Planning Area Amended Agreement dated December 13, 1993. This Agreement remains in full force and effect. 2, Connection to SANFORD Water Distribution Facilities. COUNTY shall cause to be designed, permitted and constructed, such Distribution Facilities (COUNTY Facilities) as may be needed for connection to SANFORD Water Distribution Facilities (SANFORD Facilities) at no cost to SANFORD. Operation, maintenance and replacement of all pipes, fittings, valves and appurtenances of SigNFORD Facilities up to the point of connection to the COUNTY Facilities shall be the responsibility of SANFORD. SANFORD shall have the right to review and approve the connection to its Water D~stribution'Facilities. · 3. Operation and Maintenance of COUNTY Distribution Facilities. COUNTY shall be responsible for the operation, maintenance and replacement of Distribution Facilities used to transmit and distribute potable water to the Property up to the point of connection to the SANFORD Facilities. The present and future points of connection between COUNTY and S/~NFORD are conceptually depicted on Exhibit ~A." Each party shall be responsible for service interruptions due to relocation of their facilities. 4. Metering. A. COUNTY shall furnish master metering equipment at the connection points capable of measuring all flow from SANFORD Facilities to COUNTY facilities. The master metering equipment shall become the property of SANFORD and SANFORD shall be responsible for the operation, maintenance and replacement of the master metering equipment. SANFORD shall have the right to review, approve or disapprove the type of master metering equipment. COUNTY shall also have the right to read the master meters at any time and the right of free access thereto for testing purposes. B. The master metering equipment shall be of standard make and type, installed at a readily accessible location, record flow with an error rate not exceeding plus or minus two percent (2%) of full scale reading and suitable for billing purposes. In calculating any billing adjustment, it shall be assumed that any master metering equipment=inaccuracy existed' for one-hat, f (~) of the eAtire time interval between master metering equipment accuracy checks by either party. Billing shall be made at the rate established in accordance with Section 11 herein, but in the event of master metering equipment and inaccuracy, the volume used in the billing calculations shall be adjusted as described in this Agreement. 6 C. SANFORD, at its expense, shall periodically inspect and test the master meters at intervals not exceeding twelve (12) months unless otherwise requested by COUNTY. Written results of meter inspection shall be provided to COUNTY. 5. Water Service Capacity. The parties agree that SANFORD shall continuously provide to COUNTY, in accordance with this Agreement, Water Service Capacity in a manner conforming with all applicable regulatory requirements; provided, however, SANFORD's obligation shall be consistent with and not greater than SANFORD's obligation to provide Water Service Capacity to the public generally. Section 6. Provision of Wastewater Service Capacity. SANFORD shall provide Wastewater Service Capacity to COUNTY in the following manner and subject to the following terms and conditions: a. Capacity Purchase. COUNTY has identified, and subject to the terms and conditions hereinafter set forth, SANFORD has agreed to immediately provide to COUNTY an option to purchase up to 39,000 G~D of Wastewater Service Capacity. for service to the'Property pursuant to this Agreement. SANFORD's obligation to provide 39,000 GPD shall be contingent upon COUNTY's payment to SANFORD of applicable Wastewater Connection Fees as set forth in Section 8 herein. Nothing herein shall be construed to supercede or create a greater obligation than the terms of the City of Sanford/Seminole County Urban Service Area and Utility Service Planning Area Amended ~o/2s/gs 7 Agreement dated December 13, 1993. This Agreement remains in full force and effect. b. Connection to BANFORD Wastewater Transmission Facilities. COUNTY shall cause to be designed, permitted and constructed, such Collection and Wastewater Transmission Facilities (COUNTY Facilities) as may be needed for connection to SANFORD Collection and Wastewater Transmission Facilities (SANFORD Facilities) at no cost to SANFORD. Operation, maintenance and replacement of all pipes, fitting, valves, lift stations and appurtenances of SANFORD Facilities up to the point of connection to COUNTY Facilities shall be the responsibility of SANFORD. SANFORD shall have the right to review and approve the connection to its Wastewater Transmission Facilities. o. Operation and Maintenance of COUNTY Collection and Wastewater Transmission Facilities. COUNTY shall be responsible for the operation, maintenance and replacement of the Collection and Wastewater Transmission Facilities used to collect and transmit wastewater from the Property up to the point of connection to SANFORD Facilities. The points of connection are conceptually depicted on Exhibit "A." Each party shall be responsible for service interruptions due to relocation of their facilities. d. Metering Not Required. For billing purposes, charges for wastewater flow shall be calculated based upon eighty percent (80%) of potable water flows as measured by the water master metering equipment pursuant to Section 5(a)(4) of this Agreement. Billing 8 shall be made at the rate established in accordance with Section 11 herein, but in the event of master metering equipment and inaccuracy, the volume used in the billing calculations shall be adjusted as described in this Agreement. e. Wastewater Service Capacity. The parties agree that SANFORD shall continuously provide to COUNTY in accordance with this Agreement, Wastewater Service Capacity in a manner conforming with all applicable regulatory requirements; provided, however, SANFOR/D's obligation shall be consistent with and not greater than SANFORD's obligation to provide Wastewater Service Capacity to the public generally. Section 7. Payment of Water Connection Fees. COUNTY shall pay Water Connection fees to SANFORD at the COUNTY rate in effect at the time of payment to SANFORD. COUNTY shall pay Water Connection Fees to SANFORD for a single family residential unit at the time of COUNTY issuance of a building permit for that single family residential unit. Payment shall occur prior to actual connection o~ any=userto COUNTY facilities. = .... Section 8. Payment of Wastewater Connection Fees. COUNTY shall pay Wastewater Connection Fees to SANFORD at the COUNTY rate in effect at the time of payment to SANFORD. COUNTY shall pay Wastewater Connection Fees to SANFORD for a single family residential unit at the time of COUNTY issuance of a building permit for that single family residential unit. Payment shall occur prior to actual connection of any user to COUNTY facilities. 9 Section 9. Wholesale Water and Wastewater User Charges. SANFORD shall provide Water and Wastewater Service to the COUNTY at the following rates: water user charge of $0.87 per 1,000 gallons for the first 2,000 gallons, and $1.12 per 1,000 gallons for additional gallons thereafter; and wastewater user charge of $1.84 per 1,000 gallons for the first 2,000 gallons, and $2.95 per 1,000 gallons for additional gallons thereafter. SANFORD shall bill COUNTY monthly for water charges based upon the number of gallons of water which pass through the water master meters each month and for wastewater charges as set forth in Section 6d herein. COUNTY shall make payment to SANFORD within thirty (30) days from the date of SANFORD'S bill. Failure to timely remit payment shall be considered a default by COUNTY and SANFORD may proceed as provided in Section 16 herein. Section 10. Change of Rates, a. In the event SANFORD, during this Agreement proposes any new rate schedule or amended rate schedule applicable to retail and wholesale water and wastewater service~ SANFORD shall forward to COUNTY a copy of such rate schedule or amended rate schedule at least thirty (30) calendar days prior to the effective date thereof, and substitute such rate schedule or amended rate schedule for the rate schedule set forth in Section 9 hereunder for retail and wholesale water or wastewater service, commencing with the next billing period after the effective date. lO b. If SANFORD adjusts its retail and wholesale water user charge, the user charge of $.87 per thousand and $1.12 per thousand shall be adjusted by the same cost per thousand gallons unit cost adjustment as applied to the retail user charge within SANFORD. c. If SANFORD adjusts its retail and wholesale wastewater user charge, the user charge of $1.84 per thousand and $2.95 per thousand shall be adjusted by the same cost per thousand gallon unit cost adjustment as applied to the retail user charge within SANFORD. d. SANFORD hereby declares that the current rates are not in excess of the lower rates now available to any prospective customer under wholesale water or wastewater service and agrees that during this Agreement, COUNTY shall continue to be billed at the lowest available rate for equivalent wholesale water or wastewater service. Section 11. Disclaimer of Third Party Beneficiaries, This Agreement is solely for the benefit of the formal parties herein, a~d no right or-'cause of action shall accrue under or-by reason hereof, to or for the benefit of any third party not a formal party hereto. Section 12. Service Interruptions. Each party shall make all reasonable efforts to prevent interruptions of service. Upon interruption of service, each party shall endeavor to reestablish service with the shortest possible delay consistent with safety to its customers and the general public. 11 Section 13. Assignment. This Agreement shall be binding on the parties hereto and their representatives and successors. Neither party shall assign this Agreement tO any other party. Section 14. Default. a. Either party to this Agreement, in the event of or act of default by the other, shall have all remedies available to it pursuant to the laws of the State of Florida, including, but not limited to, injunction to prevent default or specific performance to enforce this Agreement, subject to State law. b. Each of the parties hereto shall give the other party written notice of any defaults hereunder, allow the defaulting party thirty (30) days from the date of receipt to cure such defaults and otherwise comply with any State law to resolve disputes between local governments. c. In the event of a default by COUNTY, SANFORD agrees that it shall not discontinue service to COUNTY provided all payments for service required hereunder are made by COUNTY and until such t~me as a court- of' competent jurisdiction has rendered an adjudication of default. In the event COUNTY disputes amounts payable for service pursuant to this Agreement, COUNTY shall continue to make such payments but may make such payments under protest. In the event of default by SANFORD, COUNTY shall be entitled to any and all remedies available to customers of the SANFORD water system. Section 15. Notices. Any notice required to allowed to be delivered hereunder shall be in writing and be deemed to be delivered when either (1) hand delivered to the official hereinafter designated, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the designated official at the address set forth opposite the party's name below, or to such other official or address as the party shall have specified by written notice to the other party delivered in accordance herewith. For SANFORD: City Manager City of Sanford Post Office Box 1788 Sanford, Florida 32772 For COUNTY: Director of Environmental Services Post Office Box 2469 Sanford, Florida 32772 With a copy to: County Attorney Seminole County Services Building 1101 East First Street Sanford, Florida 32771 Section 16. Severabillty. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or uhenforceability 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. Section 17. Time is of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section i8. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 19. Annexation Laws. Notwithstanding anything to the contrary contained herein, this Agreement shall not be construed or interpreted to contract away the rights and authority of SANFORD pursuant to the Municipal Annexation and Contraction Act, Chapter 171, Florida Statutes, as amended from time to time, nor shall anything herein be construed to contract away the COUNTY'S right to challenge any annexation in accordance with the laws of the State of Florida. Section 20. Entire Agreement/Effect on Prior Agreement. This instrument constitutes the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment. ~ IN WITNESS W~EREOF, the parties hereto have hereunderexecuted this Agreement on the date and year first above written. ATTEST: y~~ ~a~et R. Dough y Clerk B 10/2s/gs 14 ATTEST: BOARD OF C TY COMMISSIONERS SBE RANDALL C. MORRIS, Chairman oard of' County Commissioners of Date: Seminole County, Florida. For the use and reliance As authorized for execution by Approved as to form and ers at their __ leSal sufficiency. regular meetins. County Attorney SD/j rw Attachment Exhibit "A" - Depiction of Property F: \CA\USERS\CAJW0 i\AGT\CITYOFSA. DOC 15 UTILITY DEPARTMENT MEMORANDUM DATE: December 1, 1998 TO: City Clerk FROM: Utility Director A RE: City of Sanford & Seminole County Wholesale Water and Wastewater Service agreement - Chase Property Jan - Attached is a certified copy of the above referenced agreement. Please file this document in a safe place. Thanks, PMlap attachment