HomeMy WebLinkAbout390-Urban Service-Amendment 1 CITY OF SANFORD/SEMINOLE COUNTY
URBAN SERVICE AREA AND UTILITY SERVICE PLANNING AREA
AMENDED AGREEMENT
THIS ANENDED AGREEMENT is made and entered into this/~
day of ~nJ~ , 1993, by and between SEMINOLE COUNTY a
political subdivision of the State of Florida, whose address is
1101 East First Street, Sanford, Florida 32771, (hereinafter
referred to as the "COUNTY") and the CITY OF SANFORD, whose address
is Post Office Box 1788, Sanford, Florida 32772, (hereinafter
referred to as "SANFORD").
WITNESSETH
WHEREAS, on the 12th day of June, 1989 the Board of County
Commissioners and the Sanford City Commission, meeting in Joint
Worksession, agreed to a number of considerations affecting both
SANFORD and the COUNTY, including Transportation Impact Fees, first
response fire service, establishment of a Sanford Urban Service
Area, County Agreement with future annexation limits for Sanford,
and water and wastewater service planning area boundaries for the
COUNTY and SANFORD in the Sanford Urban Area; and
WHEREAS, water and wastewater service boundaries require more
specific definition; and
~EREAS, it is in the interest of both COUNTY and SANFORD to
define long range utility service planning areas to facilitate
joint long range planning and achieve the best economies of utility
system development; and
WHEREAS, it is desirable to create a procedure for providing
for interim utility service to properties within one (1) utility
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provider's service planning area, but which may be more expedi-
tiously initially served by the other utility provider; and
WHEREAS, the COUNTY purchased a private utility known as Lake
Monroe Utilities whose certifiedarea is within the utility service
planning area contemplated within this Amended Agreement; and
WHEREAS, SANFORD and the COUNTY have agreed that SANFORD shall
reimburse the COUNTY for a pro rata share of the purchase price
that the COUNTY incurred in the acquisition of Lake Monroe
Utilities based upon the utility service planning area addressed
within this Amended Agreement; and
WHEREAS, the parties entered on October 18, 1990 an Agreement
entitled "Urban Service Area And Utility Service Area Establish-
ment," and
WMEREAS, the parties mutually desire to amend the Agreement of
October 18, 1990 in accordance with the terms and conditions set
forth herein; and
WHEREAS, this Agreement is authorized by the provisions of
Chapter 125, 163 and 166, Florida statutes, and other applicable
law; and
WHEREAS, this Amended Agreement is consistent with the
provisions of both parties' comprehensive plans;
NOW, THEREFORE, based upon the promises, covenants and
agreements herein expressed and other good and valuable consider-
ation, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
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SECTION 1. RECITALS/AMENDMENTS.
(a) The foregoing recitals are true and correct and,form a
material part of thisAmended Agreement upon which the parties have
relied.
(b) Whenever the term "AmendedAgreement" is used herein, the
term shall mean the October 18, 1990 Agreement as amended by this
comprehensive amendment thereto.
SECTION 2. DEFINITIONS. Parties agree that in construing
this Agreement the following words, phrases and terms shall have
the following meanings unless the context indicates otherwise.
2.1 "AGREEMENT" means this Amended Agreement as it may from
time to time be modified.
2.2 "COLLECTION PACILITIES" means those facilities located
within the Sanford Utility Service Planning Area, operated and
maintained by SANFORD and used to collect wastewater and transmit
it to the COUNTY~s transmission and treatment facilities located
outside of the Sanford Wastewater Service Planning Area as depicted
on Exhibit C.
2.3 "COUNTY WASTEWATER SYSTEM!' means those transmission
facilities and COUNTY plant from which SANFORD is receiving
wastewater service capacity on a wholesale basis and which are
operated and maintained by the COUNTY.
2.4 "COUNTY WATER SYSTEM" means those transmission facilities
and COUNTY plant from which SANFORD is receiving water service
capacity on a wholesale basis and which are operated and maintained
by the COUNTY.
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2.5 "DISTRIBUTION FACILITIES" means those facilities operated
and maintained by SANFORD to receive potable water from the
COUNTY'S transmission facilities at point(s) of connection along
the Sanford Water Service Planning Area boundaries as depicted on
Exhibit B.
2.6 "GPD" means gallons per day on an average annual basis.
2.7 "POINT OF CONNECTION" is the location(s) where SANFORD
Distribution or Collection Facilities connect to COUNTY Water
Transmission Facilities or Wastewater Transmission Facilities.
2.8 "SANFORD WATER UTILITY SERVICE PLANNING AREA" shall be
that area depicted on Exhibits A and B in which it is planned for
SANFORD to provide retail water service in accordance with the
terms of this Amended Agreement. The COUNTY shall have the rights
to provide retail water service to all surrounding properties not
included in the Sanford Water Utility Service Planning Area.
2.9 "SANFORD WASTEWATER UTILITY SERVICE PLj~NNINGAREA" shall
be that area as shown on Exhibits A and C in which it is planned
for SANFORD to provide retail wastewater service in accordance with
the terms of this Amended Agreement. The COUNTY shall have the
rights to provide retail wastewater service to all surrounding
properties not included in the Sanford Wastewater Utility Service
Planning Area.
2.10"SANFORD UTILITY SERVICE PLANNING AREA" includes the
presently incorporated area of SANFORD and those areas of the
COUNTY surrounding SANFORD as depicted on Exhibit A, as further
detailed in Exhibits B and C. In cases of apparent conflict
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between Exhibit A and Exhibits B or C, Exhibit B or C shall prevail
over Exhibit A. In order to avoid significant utility service
inequities SANFORD and the COUNTY agree to cooperate in providing
efficient utility service to existing developed properties located
within five hundred feet (500') east or west of South Sanford
Avenue by flexibility of retail service agency within that area.
The parties also agree, in cases of emergency or genuine hardship,
to consider further mutually agreeable geographical extensions of
this policy.
2.11 "WATER SERVICE CAPACITY" means the rate of potable water
flow, measured in GPD which one party wishes to buy from the other
party and which the Seller agrees to produce from its water system.
2.12 "WASTEWATER SERVICE CAPACITY" means the amount of
wastewater flow, measured in GPD, which one party wishes to buy
from the other party and which the Seller agrees to accept at its
wastewater system in accordance with the terms of this Amended
Agreement.
2.13 "WASTEWATER TRANSMISSION FACILITIES" means those lines,
pipes, lift stations, meters and appurtenant equipment used by the
COUNTY to transmit wastewater from the SANFORD collection facili-
ties to the head works of the COUNTY's water treatment facilities.
2.14 "WATER TRANSMISSION FACILITIES" means those lines, pipes,
water mains, meters.and appurtenant equipment used bythe COUNTY to
transmit potable water from the COUNTY plant to the point(s) of
connection with the SANFORD distribution facilities. These
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point(s) of connection will be located at the water service area
boundaries as shown on Exhibit B.
SECTIOM 5. P~POSE. The purpose of this Amended Agreement is
to establish long range water and wastewater utility service
planning areas that are planned to be ultimately served by the
parties. This Amended Agreement also provides for interim
wholesale utility service to SANFORD by the COUNTY for those areas
where the COUNTY can more expeditiously meet near term requests for
utility service for property which is located within the designated
long range Sanford Water or Wastewater Utility Service Planning
Area. Under this Amended Agreement, the COUNTY shall sell
wholesale water service capacity and/or wastewater service capacity
to SANFORD for those properties located within the Sanford Utility
Service Planning Area; and SANFORD may purchase and receive from
the COUNTY, wholesale water and/or wastewater service capacity for
interim service for these properties. SANFORD may, in turn, serve
utility customers in this utility service planning areas on a
retail basis. Nothing herein shall be construed to require SANFORD
to serve utility customers in the Sanford Utility Service Planning
Area on a retail basis.
SEOTIOM 4. TERM. This Amended Agreement shall be effective
when executed by all parties hereto. Those parts of the Amended
Agreement relative to wholesale utility sales/service shall
continue in full force and effect for five (5) years from October
18, 1990 (October 17, 1995), unless extended bymutual agreement of
both parties to this Amended Agreement. Those parts of the Amended
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Agreement relative to establishment of the Sanford Utility Service
Planning Area shall not be affected by the term established for
utility wholesale sales and shall continue in full force and effect
pursuant to the terms of any wholesale agreement between the
parties that may be in effect, except as provided for elsewhere in
this Amended Agreement. Within said five (5) year period, SANFORD
shall have the option to undertake construction of its own water
transmission facilities and wastewater collection facilities to
serve those customers initially being served by the COUNTY on a
wholesale basis, pursuant to this Amended Agreement. At the
completion of the five (5) year period, should it be determined
that SANFORD is unable to assume direct retail service to said
customers, said customers shall become direct customers of the
COUNTY. Any future customers requesting service who would be
served from lines assumed by the COUNTY in accordance with Sections
6.1 and 6.2 shall also become retail customers of the COUNTY.
Notwithstanding the foregoing, the parties agree that either party
may, at its sole option, terminate the utility wholesale sales part
of this Amended Agreement without cause by giving not less than
sixty (60) days written notice of its election to do so, to the
COUNTY°
8ECTION S. REIMBURSEMENT FOR LAKE MONROE SERVICE AREA.
SANFORD and the COUNTY acknowledge that the Lake Monroe Utilities
Service Area consists of approximately one thousand six hundred
fourteen (1,614) acres. The long range Sanford Water Service
Planning Area includes approximately three hundred eight (308) of
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those acres, the long range Sanford Wastewater Service Planning
Area includes approximately two hundred one (201) of those acres.
SANFORD had agreed to pay to the COUNTY the sum of ONE HUNDRED
EIGHTY-FIVE THOUSAND SEVEN HUNDRED TWENTY AND NO/100 DOLLARS
($185,720.00) within forty-five (45) days of execution of the
original Agreement. Said sum has been paid. The sum constitutes
reimbursement to the COUNTY for the cost of those portions of the
Lake Monroe Utility Service Area now being assigned, for planning
purposes, by the COUNTY to SANFORD by this Amended Agreement.
Further, said sum is calculated as detailed in Exhibit D of this
Amended Agreement. Should any of the Sanford Utility Service
Planning Area hereby assigned to SANFORD, ultimately return to the
COUNTY in accordance with the terms of this Amended Agreement,
SANFORD shall receive an appropriate refund based proportionally on
the amount of acreage returned to COUNTY and the calculation used
in this Section.
SECTION 6. WATER AND WASTEWATER SERVICE CAPACITY.
6.1 PROVISION OF WATER SERVICE CAPACITY. It is the intent of
the parties for SANFORD to have the ability and, in its discretion,
to assume full water service for all customers located within the
long range Sanford Water Utility Service Planning Area. Initially,
retail water service may be through wholesale purchase of water
capacity from the COUNTY under this Amended Agreement. Should
SANFORD not assume direct water service for retail customers within
the Sanford Water Utility Service Planning Area, not involving
wholesale procurement from the COUNTY by October 17, 1995, the
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COUNTY shall become retail water service provider for those retail
customers. If, by October 17, 1995, SANFORD is not yet directly
serving all such customers, but has a construction permit issued by
the Florida Department of Environmental Protection and is actively
constructing, or has a binding contract for construction of
necessary facilities to provide direct service, an additional six
(6) months shall be allowed for facility completion and commence.
ment of direct service. If SANFORD does not assume said direct
water service, applicable water impact fees collected under the
terms of this Amended Agreement and the original Agreement shall be
remitted to COUNTY and associated distribution lines and appurte-
nant facilities shall be deeded to the COUNTY by SANFORD at no cost
to the COUNTY. Said remittance of impact fees and conveyance Of
lines shall occur within forty-five (45) days from the expiration
of the utility sales portion of this Amended Agreement.
6.2 PROVISION OF WASTEWATER SERVICE CAPACITY. It is the
intent of the parties for SANFORD to have the ability and, in its
discretion, to assume full wastewater service for all customers
located in the Sanford Wastewater Utility Service Planning Area.
Initially, retail wastewater service may be thorough wholesale
purchase of wastewater capacity from the COUNTY, under this Amended
Agreement. Should SANFORD not assume direct wastewater service for
retail customers within the Sanford Wastewater Utility Service
Planning Area, not involving wholesale procurement from the COUNTY
by October 17, 1995, the COUNTY shall become the retail wastewater
service provider for those retail customers. If by October 17,
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1995, SANFORD is not yet directly serving all such customers, but
has a construction permit issued by the Florida Department of
Environmental Protection and is actively constructing, or has a
binding contract for construction of necessary facilities to
provide direct service, an additional six (6) months shall be
allowed for completion and commencement of direct service. If
SANFORD does not assume such direct wastewater service, applicable
wastewater impact fees collected during the term of this Amended
Agreement and the original Agreement shall be remitted to COUNTY
and associated collection lines and appurtenant features shall be
conveyed to the COUNTY by SANFORD at no cost to the COUNTY. Said
remittance of impact fees and conveyance of lines and equipment
shall occur within forty-five (45) days from the expiration of the
utility sales portion of this Amended Agreement.
6.3 RESERVATION OF CAPACITY. The COUNTY intends to reserve
both water and wastewater capacity for SANFORD for proposed
development of those properties located within Exhibits B and C,
respectively. Therefore, should SANFORD not provide direct retail
service for either water or wastewater service by October 17, 1995,
both the wholesale water and wholesale wastewater parts of this
Amended Agreement shall terminate.
6.4 CONNECTION TO TRANSMISSION FACILITIES. SANFORD, its
successors or assigns, shall connect or cause to be connected, the
water distribution facilities to the water transmission facilities
at the point(s) of connection established On Exhibit B in the case
of water service, and shall connect or cause to be connected, the
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collection system to the COUNTY Wastewater Transmission facilities
at point(s) of connection to be identified as Exhibit C in the case
of wastewater service. Operation, maintenance and replacement of
all pipes, fittings, valves and appurtenances, including the
transmission facilities up to the point of connection into the
COUNTY distribution/transmission systems and water/wastewater plant
providing capacity, shall be the responsibility of the COUNTY.
Operation, maintenance and replacement of the distribu-
tion/collection system(s), calibration and master water meters
shall be the responsibility of SANFORD.
6.5 IMPACT FEES.
(a) Prior to commencement of service and prior to issuance of
any building permits, SANFORD, shall collect an impact fee
established by SANFORD for each unit to be served by the COUNTY
Water and/or Wastewater System. Said impact fee(s) collected shall
be placed in an interest bearing escrow account. The escrow agent
to receive and administer said escrow account shall be mutually
agreed upon by the COUNTY and SANFORD.
(b) The terms of the escrow shall be that, if by October 17,
1995, SANFORD assumes direct service for any retail customers
initially served hereunder, said fees for those new connections
shall be released from escrow to SANFORD, except that three and
thirty-three hundredth percent (3.33%) of the escrow, plus accrued
interest, shall be released to the COUNTY for each calendar year
the funds were held in escrow and prorated for any portion thereof
that wholesale water and/or wastewater service was provided for
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that property under this Amended Agreement or the original
Agreement. Releases of impact fees to SANFORD shall be based upon
SANFORD'S demonstration that construction of a water/wastewater
transmission facilities which shall result in provision of service
by SANFORD to retail customers contemplated and being served under
this Amended Agreement has occurred. Such demonstration shall
include an approved Department of Environmental Protection permit
for construction of the system, executed contracts for the
construction of the system, and any necessary disconnection from
COUNTY transmission facilities within six (6) months. The COUNTY
acknowledges that SANFORD may not utilize a contractor for said
work and may utilize SANFORD forces or developer commitments for
said construction, and that in such cases, an executed contract
will not be required but SANFORD shall have identified sources of
funds adequate to pay the cost of the system. Upon commencement of
construction, escrowed funds shall be released as costs of
construction are incurred. Draws against the escrow shall be no
more frequent that monthly and must include copies of corresponding
contractor's invoices together with certification of SANFORD'S
consulting engineers that work covered by the invoices has been
performed in accordance with all requirements. In any case, upon'
completion of construction and provision of direct services by
SANFORD to certain customers pursuant to this Amended Agreement,
the balance of the escrow account for those customers, less fees
previously paid or due to COUNTY as addressed above, shall be paid
to SANFORD. Should it be determined that by October 17, 1995 and
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as further specified in Sections 6.1 and 6.2 that SANFORD has not
served directly any retail customers served under this Amended
Agreement, said fees together with all accrued interest, less
escrow fees, shall be paid to the COUNTY.
(c) SANFORD shall be solely responsible for collection of
required impact fees, service deposits, connection costs, meter set
costs and tap fees, and for monthly billing and their distribution
as set forth in this Amended Agreement. Customers provided retail
water and/orwastewater service under this Amended Agreement shall
be retail customers of SANFORD unless said customers are not served
directly by SANFORD by October 17, 1995 in which case they shall
become retail customers of the COUNTY.
6.6 METERING.
(a) SANFORD shall furnish and install, or cause to be
furnished and installed, master water metering equipment for each
point of connection under this Amended Agreement as depicted in
Exhibit B. This metering equipment shall be considered to meter
all water flowing from the COUNTY transmission facilities to the
distribution facilities. The metering equipment shall remain the
property of SANFORD and SANFORD shall be responsible for the
operation, maintenance, and replacement. The COUNTY shall have the
right to review and approve the type of meter and meter
installation in each case. The COUNTY's approval shall not be
unreasonably withheld. The COUNTY shall also have the right to
read the meter(s) and the right of access thereto for billing
purposes.
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(b) The metering equipment shall be of standard make and
type, installed in a readily accessible location and shall record
flow with an error not to exceed plus or minus five percent (5%) of
full scale reading, suitable for billing purposes, SANFORD shall
calibrate and test the meters for accuracy at regular intervals
consistent with testing within the remainder of the Sanford Water
Utility Service Area. SANFORD shall provide COUNTY with test
results. If either party desires more frequent calibration or
meter checks, work shall be at that party's expense. Results shall
be provided to the other party and adjustments of charge if any
shall be specified. Bills shall be adjusted for meter error in
excess of five percent (5%) of full scale readings. In calculating
such billing adjustments, it will be assumed that the meter
inaccuracy existed for one-half (~) of the entire time interval
between meter accuracy checks by either party. The billing
adjustment shall be made at the same rate established in accordance
with Section 6.8 hereof but the volume used in the billing
calculation shall be adjusted as described herein. Either party
may test the meter more frequently at its expense. If errors are
found, adjustments shall be made as specified above.
(c) Applicable charges for wastewater shall be based on the
total amount of metered water consumption for all master meters
served under this Amended Agreement. Charges for wastewater
service shall be calculated as follows:
Total metered 300 qDd/sewer ERC # of permitted sewer ERC'S
Water consumption 350 gpd/water ERC # of permitted water ERC's
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In order to reasonably account for potable water used for irriga-
tion and therefore not resulting wastewater flow, SANFORD may
accumulate monthly data showing dedicated irrigation meter consump-
tion and billings, and in the case of single family dwellings,
capped monthly sewer charges (twelve thousand (12,000) gallons per
month) where the retail water charge/consumption exceeds the sewer
charge cap. This data shall be utilized to determine an appropri-
ate wastewater credit based on the prior month's wastewater charge.
The credit shall be the product of the current COUNTY wastewater
treatment charge and the number of thousands of gallons shown by
SANFORD retail billing data to have passed through retail irriga-
tion meters or, in the case of single family residences, monthly
retail water consumption that exceeded the twelve thousand (12,000)
gallons per month sewer service charge cap~
(d) It shall be the responsibility of the COUNTY to perform
the wholesale charge calculation each month and to bill SANFORD for
wastewater service based upon such calculation. Calculation of any
credit for irrigation use of water shall be the responsibility of
SANFORD. The COUNTY and SANFORD reserve the right to review the
data used in these calculations at any time, upon request.
6.7 SERVICE STANDARDS. The parties hereto do mutually agree
that after connection of distribution facilities to the transmis-
sion facilities as provided herein, the COUNTY will continuously
provide at point(s) of connection, at its cost and expense, but in
accordance with other provisions of this Amended Agreement, water
service and/or sewer service capacity sufficient to meet the peak
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average daily domestic wastewater treatment, and water service
demand plus fire flow, in a manner to conform with all applicable
governmental requirements. Upon connection of the distribution
facilities to the transmission facilities, any customers that have
or will connect to the distribution facilities shall be customers
of SANFORD and shall comply with all SANFORD prerequisites, pay
SANFORD's rates, impact fees, connection charges and deposits for
water and/or wastewater service.
6.8 WHOLESALE WATER AND WASTEWATER USER CHARGES.
(a) WHOLESALE WATER USER CHARGES. The COUNTY agrees to
provide potable water for use by SANFORD in accordance with the
terms and conditions of this Amended Agreement at a wholesale
charge of 67/100 DOLI~RS ($0.67) per one thousand (1,000) gallons
of potable water. The charge shall be adjusted from time to time
by the COUNTY based on increased cost. This charge shall at all
times be the minimum charge made by the COUNTY to any other
wholesale purchaser of water service within the COUNTY. The
adjusted charge shall become effective on approval of the COUNTY
and SANFORD shall thereafter pay said charge as adjusted. The
COUNTY agrees to bill SANFORD monthly for water which passes
through the master meter(s) monthly for properties served under
this Amended Agreement. SANFORD agrees to provide consumption data
on a monthly basis to facilitate wholesale billing and to pay the
COUNTY for all potable water consumption which passes through the
master meters at the above mentioned rate, and agrees to make
payments to the COUNTY within thirty (30) days from the date of the
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COUNTY's bill. SANFORD and the COUNTY agree to negotiate in good
faith to determine billable quantities of water in case of
distribution system breaks or leaks within the Sanford Water
Utility Planning Service Area and SANFORD agrees to immediately pay
such amounts upon said billable quantities being determined. In
recognition ofjoint benefit for fire fighting within the incorpo-
rated and unincorporated portions of the Water Utilities Service
Planning Area and the First Response Agreement, SANFORD and the
COUNTY agree to negotiate equitable billing adjustments for water
and related wastewater charges in cases of significant fire flow
requirements.
(b) WHOLESALE WASTEWATER USER CHANGES. The COUNTY agrees to
provide transmission, treatment and disposal of SANFORD's wastewa-
ter in accordance with the terms and conditions for a charge ONE
AND 82/100 DOLLARS ($1.82) per thousand (1,000) gallons of retail
wastewater treatment billed. The charge shall be adjusted from
time to time by the COUNTY based on increased costs. The wholesale
wastewater charge under thisAmended Agreement shall not exceed the
lowest wholesale charge to any other wholesale customer by the
COUNTY. The adjusted charge shall become effected on the approval
of the COUNTY and SANFORD shall thereafter pay said charge as
adjusted. The COUNTY agrees to bill SANFORD monthly based on the
total number of gallons of potable water billed in accordance with
Section 6.6 of this Amended Agreement° SANFORD agrees to pay for
all wastewater transmitted from the collection facilities, thusly
determined, at the above mentioned rate and agrees to make payment
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to the COUNTY within thirty (30) days from the date of the COUNTY's
bill. Any applicable wastewater charge credits for the previous
month, as addressed in Section 6.6 (c) shall be deducted from the
bill.
6.9 WHOLESALE SERVICE TO COUNTY BY CITY. The parties agree
that if the COUNTY notifies SANFORD that it desires to obtain
wholesale service from SANFORD, final agreement for such service
shall generally parallel, as appropriate, conditions 'outlined
herein for the COUNTY services to SANFORD.
SEOTIOM 7. CMAMGE OF R~TES. In event that the COUNTY, during
the term of this Amended Agreement, proposes any new rate schedule
or amended rate schedule applicable to wholesale service furnished;
the COUNTY shall provide a copy of such rate schedule or amended
rate schedule to SANFORD prior to the effective date thereof, and
substitute such rate schedule or amended rate schedule for the rate
schedule then in effect hereunder for such wholesale service,
commencing with the next billing period after the effective date.
SECTION 8. USE OF RIGHT~OF-WAY. Watertransmission lines and
wastewater collection and transmission lines are frequently
installed in street/road rights-of-way owned by the COUNTY or
SANFORD. The COUNTY and SANFORD agree to cooperate in permitting
the installation and maintenance of water and wastewater lines of
the other party, within owned rights-of-way. Such permitting and
fees shall be in accordance with established procedures. Approval
shall not be unreasonably delayed or withheld.
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SECTION 9. DEFAULT. Any party to this Amended Agreement, in
the event of or act of default by the other, shall have all
remedies available to it under the laws of the State of Florida
including, but not limited to, injunction to prevent default or
specific performance to enforce this Amended Agreement. Each party
agrees to pay all reasonable costs and attorney fees for the other
parties not in default; provided, however, that such costs and
attorney fees are payable under this Section only if suit is filed
that results in an adjudicated default. The rights of parties
shall be considered cumulative and shall not be waived not or in
the future by the exercise of or failure to exercise any rights or
remedies provided under the terms of this Amended Agreement and
authorized by law.
SECTION 10. NOTICES. Any notice required or allowed to be
delivered hereunder shall be in writing and be deemed 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.
SANFORD City Manager
City of Sanford
Post Office Box 1788
Sanford, FL 32772-1788
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With a copy to: Director of Utilities
City of Sanford
Post Office Box 1788
Sanford, FL 32772-1788
and
City Attorney
Stenstrom, McIntosh, Julian,
Colbert, Whigham & Simmons
P.O. Box 4848
Sanford, Florida 32772-4848
COUNTY Seminole County Director of
Public Works
3000A Southgate
Sanford, FL 32773
With a copy to: County Manager
Seminole County Services Building
1101 East First Street
Sanford, FL 32771
SECTION 11. SEVERABILITY. If any part of this Amended
Agreement is found invalid or unenforceable by any court, such
invalidity or unenforceability shall not affect the other parts of
thisAmended Agreement if the rights and obligations of the parties
contained herein are not materially prejudiced and if the inten-
tions of the parties can continue to be effected. To that end,
this Amended Agreement is declared severable.
SECTION 12. TIME OF THE ESSENCE. Time is hereby declared of
the essence to the lawful performance of the duties and obligations
contained in this Amended Agreement.
SECTION 13. APPLICABLE LAW. This Amended Agreement and the
provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
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SECTION 14. CONDITION PRECEDENT. The COUNTY and SANFORD
propose to enter into this Amended Agreement which provides for two
types of service: Wholesale Water Service and Wholesale Wastewater
Service. Provision and obtaining of either of these services is
contingent upon providing and/or obtaining the other, as applica-
ble. Failure to provide either of the utility services constitutes
default of this Amended Agreement; provided, however, that this
failure shall in no way abrogate the Amended Agreement with regard
to the Sanford Urban Service Planning Area and future annexation
area boundaries as depicted on Exhibit A. This instrument
supersedes all previous discussions, understandings, and agreements
between the parties relating to the subject matter of this Amended
Agreement. Amendments to and waivers of the provisions herein
shall be made by the parties in writing by formal amendment in
equal dignity hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Amended Agreement on the date and year first above written.
ATTEST: CITY OF SANFORD
~ 7 '.[-.' 'BElTeD. SMITH, Mayor
of City of Sanford only.
Approvedas to form and
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ATTEST: BOARD OF COUNTY COMMISSIONERS
- SEMINO COUNTY, FLORIDA
DICK VAN DER WEIDE, Acting Chairman
'~MA~ Board of
County~COmmiseioners of Date: /~ '1 ~.~
Seminole County, Florida.
For the use and reliance As authorized for execution by
of Seminole County only. the Board of Counle~inCommis-
08/24/93
09/24/93
10/13/93
11/02/93
22
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