027-Effluent Disp/Irrigation° 4/12/88
EFFLUENT DISPOSAL /IRRIGATION AGREEMENT
THIS AGREEMENT is made and entered into this G. .
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of , 1988 by and between Seminole Club, Incorporated,
a Florida corporation, hereinaf ter known as Permittor and City of
Sanford, Florida, a municipal corporation created by the laws of the
State of Florida and existing in. Seminole County,, Florida,
hereinafter referred to as Permittee, shall include the successors,
assigns, heirs and legal representatives of the respective parties
when the context so'requirea or admits..
W I' T H E S S E T H
WHEREAS the City of Sanford is the legal owner of that
property commonly designated as the Sanford Golf Course and Country
Club /Mayfair Country Club; and
WHEREAS the Sanford Golf Couse and. Country Club has been
outleased to Seminole Club, Incorporated under a lease entered'i,nto
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on March 11, 1981, which contains a more specific legal description
of the total property referred to as the Sanford Golf Course and
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Country Club and
WHEREAS this lease contains a provision which is quoted
as follows: 11 (12) Reservations for Utility Puxposes The lessor
hereby makes reservations of so much of the property hereby leased
and let as may be reasonably necessary for any and all kinds of uti-
lity services and purposes, with the right to enter upon any of the
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said property for the installation, maintenani -e, repair, removal or
transfer thereof, either to 'existing building and installations of
any hereafter placed upon any .part of the property herein demised."
WHEREAS it is recognized that reclaimed water irrigation/
disposal is a "utility purpose ", the Permittee- desires, under this
lease provision, to utilize the Golf Course open area for- disposal of
"public access quality" treated effluent, .hereinafter referred to as
effluent, which disposal will, partially meet the needs of Permittor
for a supply' of water, containing nutrients, for irrigation; and
WHEREAS the parties desire to reduce, to writing .'their
agreement whereby the Permittee will. utilize the open area of the
Golf Course for disposal of treated effluent by spray irrigation and
will provide to Permittor the benefits of such spray irrigation; and
WHEREAS the design for the complete irrigation system for
the Golf Course is now, complete, 'with an average .application rate
projected of 0.6308 million gallons per days, said -- system to be
installed and operational by approximately September, 1989; ,.
NOW, THEREFORE, in consideration of the mutual promises
and covenants herein contained, the parties hereto do agree as
follows:
1. The foregoing recitals are true.-and correct.
2. Purpose of the System The purpose of the system
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.i?► .zL:,ca �c �? a �Q22 �� �ropc_�y c- shmw= y the a._ -:new.
drawings (s) and to properly 'dispose. of - treatmd wastewater effluent
at no direct cost to the Permittor for the, effluent utilized. The
effluent must meet Florida Department of Environmental Regulation's
"public access quality ", as stated below, and other applicable
governmental permit-and pollution requirements. The Permittee shall
be responsible by proper plant operation and onsite ' testing as
necessary to insure that all such criteria are met: Preapplication
treatment beyond the minimum is required where unrestricted public
access is involved, such as for most park and golf course applica-
tions. The effluent must contain' not more than 5 'mg /l suspended
solids on an annual basis and no detectable fecal .coliforms at any
time. This requirement is intended to minimize.puol.i.c, health con-
cerns over pathogens, including virus.
3. Present Irrigation System The present irrigation
system of the Golf Course consists of one well, complete with pump
and distribution system. Water from this well Is considered fully
suitable for irrigation purposes and when tested in February, 1987
hadia PH of 7.3. Water from this well is pumped through a series of
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underground mains and laterals to underground pop -up type sprinklers
irrigating tees, greens, and fairways. This system is sometimes used
for application of liquid chemicals. Roughs and other areas are not
generally irrigated. The maintenance and operation of this system is
.. totally the responsibility of the Permittor.
This present system is to continue'to be operated for Golf Course
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irrigation during construction 'of the- new effluent. irrigation
system, and until the new effluent irrigation system is- placed in
full operation. After the effluent- irrigation system is. - in full
operation, present system will be utilized to provide regular irriga-
tion for those areas shown on Appendix A where effluent 'irrigation
may not be utilized. (These include,areas around City potable water
wells along Rantoul Lane and areas around the swimming pool and food
service operations of the Club House.) Permittee shall be responsi-
ble for repair within 29 hours of any damage to the present irriga-
tion system caused by installation of the new effluent irrigation
system. Permittor shall be responsible for other regular operation
and maintenance expenses for the present system during and after the
installation of the effluent system and prior to its commencement of
operation, which will occur approximately September 1989. If the
present irrigation' pump /well is used to supply make up water -to the
effluent storage pond in any. case of nonavailability of effluent,
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costs of pumping from this.:.well will be prorated between the parties
based on time of use for effluent pond make up.
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4. Effluent Irrigation System Permittee has completed
design of an effluent irrigation system for the Golf Course for
"total irrigation" of all available 'areas, including greens.. .tees,
fairways, roughs, and driving range except as provided for in Section
17. Documents have been submitted to Department of Environmental Regu-
.,— lation for r.eV.i.ew and• - permitting for- • cons tru Construction plans.
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and specifications will be submitted'to Permittor for review and com-
ment. Permittor will complete his review ar}d.'provide.objective com-
ments to Permittee regarding the overall design of the effluent irri-
gation system within a reasonable time, approximately' 30 -days.
Approval /concurrence will not be unreasonably withheld. Permittee
shall make all reasonable effort to 'respond to comments and concerns
of Permittor. Any remaining disputes will be resolved by a committee
consisting of the Permittor's representative, the City Engineer,: and
a third party selected by these two members.
S. Construction .of' Irrigation System Permittee will
construct at his expense, pipelines to convey treated effluent from
Wastewater Treatment Plant to the - Golf Course and-.,shall construct
certain land spreading /Golf Course irrigation improvements (system)
as generally described in Attachment.A, titled. Contract B - Irriga-
tion of Golf Course at Mayfair Country Club Construction shall be
in accordance with construction plans and specifications to be pre-
,pared by Permittee's Consulting Engineers, Conklin, Porter & Holmes
Engineers, Inca The system shall include a lined effleunt storage
pond, effluent pump station and metef, irrigation lines, valves,
heads, satellite controllers, master controllers, monitoring wells
and appurtenances to all of the above. Permittee /construction con-
tractor will be responsible for repairs of any damage done to.present
irrigation system, in order to assure its continued capability to be
utilized. Permittee /construction contractor will be responsible to
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restore the grounds, in any area disturbed by him to previous grade,
upon completion of work in that immediate area. No digging will be
allowed on greens, tees, or putting green. All work. shall be, back-
filled and leveled each construction day and all 18 'holes shall be
reasonably playable on each weekend day (Saturday /Sunday).
6. Schedule for Construction Construction of the
system shall be scheduled to be accomplished during the summer
season when Golf Course activity is lower than in the winter time,
and when natural growth rate of vegetation is. highest -in. order to
permit rapid overgrowth of vegetation - disturbed - by system installa-
tion. Construction in the various areas of the Golf Course will be
scheduled to minimize impact on play of the course.-..and to return
areas to use as soon as possible following installation of the
effluent irrigation system.. Construction will be scheduled .so that•
no more than three (3) of the holes - of the Golf Course may be out of
play - at any time. Except when and where• expressly permitted by
Permittor, no .construction work related to the irrigation system
will be permitted on the Golf Course January 1 through May 1 of any
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calendar year. It is anticipated that actual installation of 'the
irrigation system on the Golf Course will commence approximately May
1, 1989 and be completed prior to .September 30, 1989. The construc-
tion period will be 150 days, (or less) per contract specifica-
tions.
7.. Cost of Construction Permittee shall at its sole
cost and expense install the complete effluent irrigation system
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restore the grounds, in any area disturbed by him to previous grade,
upon completion of work in that immediate area. No digging will be
allowed on greens, tees, or putting green. All work. shall be, back-
filled and leveled each construction day and all 18 'holes shall be
reasonably playable on each weekend day (Saturday /Sunday).
6. Schedule for Construction Construction of the
system shall be scheduled to be accomplished during the summer
season when Golf Course activity is lower than in the winter time,
and when natural growth rate of vegetation is. highest -in. order to
permit rapid overgrowth of vegetation - disturbed - by system installa-
tion. Construction in the various areas of the Golf Course will be
scheduled to minimize impact on play of the course.-..and to return
areas to use as soon as possible following installation of the
effluent irrigation system.. Construction will be scheduled .so that•
no more than three (3) of the holes - of the Golf Course may be out of
play - at any time. Except when and where• expressly permitted by
Permittor, no .construction work related to the irrigation system
will be permitted on the Golf Course January 1 through May 1 of any
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calendar year. It is anticipated that actual installation of 'the
irrigation system on the Golf Course will commence approximately May
1, 1989 and be completed prior to .September 30, 1989. The construc-
tion period will be 150 days, (or less) per contract specifica-
tions.
7.. Cost of Construction Permittee shall at its sole
cost and expense install the complete effluent irrigation system
within the confines of the property, - as generally. described on
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Exhibit A to prpvide irrigation for tees, greens (except as provided
for in Section 17), fairways, roughs and other areas suitable for
irrigation in order to provide as much capability for irrigation and
effluent disposal as reasonably possible.
8. Effluent Irrigation System Operation 'the effluent
irrigation system shall be-'primarily controlled by a computer driven
automatic control system. Primary hours of. operation irrigation
will be 6:00 P.M. to 6:00 A.M., Additional operating time of the
system during other hours may be controlled by the Permittor in
order to provide necessary irrigation for.various areas of the Golf
Course. Permittor shall have ability to curtail. programmed automa-
tic operation of the effluent irrigation system, when operation of
the system would have an adverse effect on the of the Golf
Course. Such manual changes made from time to time by the Permittor
will be considered as "manual overrides" of the computer control
system. Disputes over. what constitutes an adverse effect•will -be
resolved by.the committee established in Section 4. Irrigation of
the'Golf Course, other than by natural precipitation and in specific
areas where effluent irrigation is not to be-used, shall be exclu-
sively by the effluent irrigation system, except as otherwise pro-
vided for by this agreement. Permittee shall maintain records of
dates and times when the effluent irrigation system is-used for
irrigation in a " manual override mode' unless- the automated system
has the ability to and records these operations..
Effluent' Irrigation System Maintenance
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Permittee
shall perform all maintenance -of the ' lined effluent - storage pond,
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pumps, control system; and effluent irrigation system including
sprinkler heads on the Golf Course property., Permittee shall' be
responsible for appropriate level of inspection and testing to insure
adequate maintenance of this system. Permittor shall be responsible
to immediately notify Permittee of any apparent failures or malfunc -'
tions of the system elements for which Permittee is responsible.
Permittor shall' continue to perform maintenance on all remaining
elements of the "non- effluent" irrigation system, including well.,
pump, distribution lines and sprinkler heads.
10. Grounds Maintenance - It is recognized that there
will be some increase. in the grounds maintenance effort required of
the Permittor as a result of irrigation of all areas of the Golf
Course. It is also 'recognized that Permittor will receive some econro-
mic benefit from reduction in 'irrigation well pumping costs. It is
agreed that Permittor shall perform all appropriate grounds mainte-
nance *for all portions of 'the Golf Course. 'Permittor shall * ' take
reasonable care of his grounds maintenance efforts to avoid unneces-
sary damage to the effluent irrigation system components. Permittor
shall request assistance from Permittee for location of effluent
system lines before doing any excavation, and'shall be responsible
for proper repair damage resulting from such excavation.
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11, Non - Effluent Irrigation' System The non - effluent
irrigation system shall'be maintained and operated by the
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Effluent' Irrigation System Maintenance
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Permittee
shall perform all maintenance -of the ' lined effluent - storage pond,
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pumps, control system; and effluent irrigation system including
sprinkler heads on the Golf Course property., Permittee shall' be
responsible for appropriate level of inspection and testing to insure
adequate maintenance of this system. Permittor shall be responsible
to immediately notify Permittee of any apparent failures or malfunc -'
tions of the system elements for which Permittee is responsible.
Permittor shall' continue to perform maintenance on all remaining
elements of the "non- effluent" irrigation system, including well.,
pump, distribution lines and sprinkler heads.
10. Grounds Maintenance - It is recognized that there
will be some increase. in the grounds maintenance effort required of
the Permittor as a result of irrigation of all areas of the Golf
Course. It is also 'recognized that Permittor will receive some econro-
mic benefit from reduction in 'irrigation well pumping costs. It is
agreed that Permittor shall perform all appropriate grounds mainte-
nance *for all portions of 'the Golf Course. 'Permittor shall * ' take
reasonable care of his grounds maintenance efforts to avoid unneces-
sary damage to the effluent irrigation system components. Permittor
shall request assistance from Permittee for location of effluent
system lines before doing any excavation, and'shall be responsible
for proper repair damage resulting from such excavation.
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11, Non - Effluent Irrigation' System The non - effluent
irrigation system shall'be maintained and operated by the
Permittor. After.activation of the effluent irrigation system, the
non - effluent irrigation system will continue to be used to regularly
irrigate the areas marked on Attachment A, and may be -as provided for
in Section 17, where effluent irrigation will not be allowed and as
a backup supply to the effluent irrigation system, whereby the well
and pump may be utilized to fill the storage pond in. case of inter-
ruption of availability of suitable effluent. Permittor shall be
responsible for maintenance of the gomponents of the non- effluent
irrigation system and for its operation for irrigation in those spe-
cific areas. Permittor shall continue to be responsible for all
permits required for the irrigation well.
12. Record Keeping - Permittor shall be responsible for
maintaining records of operation of the effluent irrigation system,
during the periods the Permittor puts the system on manual override.
Copies of all records of these override periods shall be provided to
Permittee on a monthly basis not later than' the tenth (10th) day of
,the month following. Permittee shall be responsible for groundwater
monitoring and for maintaining all records required by Department of
Environmental Regulation and records from all data directly generated
by the automatic control system. Copies of all automatic control
system data, especially information 'regarding quantities of effluent
applied shall be regularly shared with Permittor.
13. Term Of Agreement This agreement shall be effec-
tive and be binding upon the parties 'as soon as executed by both
parties. It shall remain effective for the life of the existing
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Permittor. After.activation of the effluent irrigation system, the
non - effluent irrigation system will continue to be used to regularly
irrigate the areas marked on Attachment A, and may be -as provided for
in Section 17, where effluent irrigation will not be allowed and as
a backup supply to the effluent irrigation system, whereby the well
and pump may be utilized to fill the storage pond in. case of inter-
ruption of availability of suitable effluent. Permittor shall be
responsible for maintenance of the gomponents of the non- effluent
irrigation system and for its operation for irrigation in those spe-
cific areas. Permittor shall continue to be responsible for all
permits required for the irrigation well.
12. Record Keeping - Permittor shall be responsible for
maintaining records of operation of the effluent irrigation system,
during the periods the Permittor puts the system on manual override.
Copies of all records of these override periods shall be provided to
Permittee on a monthly basis not later than' the tenth (10th) day of
,the month following. Permittee shall be responsible for groundwater
monitoring and for maintaining all records required by Department of
Environmental Regulation and records from all data directly generated
by the automatic control system. Copies of all automatic control
system data, especially information 'regarding quantities of effluent
applied shall be regularly shared with Permittor.
13. Term Of Agreement This agreement shall be effec-
tive and be binding upon the parties 'as soon as executed by both
parties. It shall remain effective for the life of the existing
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lease for the Golf Course between' Seminole' Club,. Incorporated, as
well as any successors, and City 'of Sanford,/ legal owner of the Golf
Course..
14. Notices: Proper Form. 'Any notice required or allowed to
be delivered hereunder shall. be ,in, writing and be deemed to be
delivered when (1) hand delivered to the official hereinafter
designated or (2) upon receipt of such notice when deposited in
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:
Seminole Club, Inc.:
Mr. Jack Daniels
Mayfair Country .Club
P.O. Box.3911
Lake Mary, Florida 32746
Sanford: City Manager
City of
300 North Park Avenue
Sanford, Florida 32771
15. Notices; Default. Each of the parties hereto shall give
th.e other party written notice of any defaults hereunder and shall
allow the defaulting party thirty (30) days from the date of
receipt to cure such defaults.
16. Indemnification. Permitee shall provide proof of
insurance naming both Permittor and Permittee as insured parties
and protecting each against mutually responsible risks
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arising out of the reclaimed water. system anal irrigation, includ-
ing, but not limited to, public liability insurance with limits to
be hereafter agreed upon by the parties in writing. To the extent
permitted by Florida .Laws and within the statutory limits of its
liability, Permittee shall indemnify Permittor and hold Permittor
harmless from any and all claims,. actions, losses, liability,
suits, proceedings, costs, expenses, and damages arising out of
the use of the said •real property by the Permittee for the spray
irrigation of treated effluent. Such costs and expenses shall
include, but not be limited to, reasonable attorney's fees and
the cost of any litigation including appellate proceedings. Per-
mittee shall not be liable to the Permittor for any non - negligent,
normal or natural effects upon said real property - or. any
person or persons proximately caused by effluent spraying or the
presence of an effluent' spraying system on'the said real property
leased to the Permittor. (This provision shall not amend the
responsibility of Permittor. created by the. lease of March 11, 1981.
17. Plans for the Golf Course reclaimed water irrigation sys-
tem' include irrigation of all greens with reclaimed water. Permittee
pursued this course of design based on numerous known Golf Course
operations where reclaimed. water is utilized throughout, without
any identified adverse therefrom. Permittor feels special
concern for the irrigation of the greens and is strongly disposed
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toward continuing to irrigate the greens, u "ilizing water from. the
present irrigation. well. Permittor.feels great concern .for intro-
ducing, any new changed condition, such as reclaimed water, and is
therefore opposed to the planned use of reclaimed water on greens.
As a means of resolving this conflict, it is agreed that Permittee
will obtain an indepth unbiased study by an expert acceptable to
both parties. The form of study will. include an identification of
objective considerations to be addressed in arriving at a recom-
mendation regarding irrigation of greens with reclaimed water, and
will then address each of these objective .considerations in arriv-
ing at the recommendation, in favor of or against. irrigation of
greens with reclaimed water.
It is agreed that if the recommendation supports.reclaimed water
irrigation of greens, then. the irrigation system ..will be installed
and operated as presently planned, and permitted by D.E.R. If the
recommedation is against irrigation of greens with reclaimed water,
Permittee will design and provide additional irrigation piping as
necessary to provide for continued irrigation of greens from the pre-
sent irrigation well; with controls comparable to those presently in
operation, utilizing water from the present irrigation well.
18. Successors And Assigns The covenants and agreements
set forth herein shall inure to the to the benefit of and be binding
upon the parties hereto, their
successors and
assigns.
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IN,WITNESS WHEREOF the undersigned parties have executed
this agreement in a form and manner sufficient to bind them as of
the date of joint execution.
Seminole Club, Inc.
v �
Notary W� J
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1WTkRY RUBLIC STATE Of FLORIDA hack WriffiC7
NY COMISSI4N EXP. ROY. 1,1988
BOOED TNRU GUMAL INS. URD.
City of Sanford
Notary By e��j
Betty-6 D. Smith,: Mayor
ir�raar rcz�l~. � �� .
NY COMSIM61 EXP. NOV. 1.1888
80YOU THRY GEAERAL ICS. UfX,
Approved for Legal Sufficiency
for City of Sanford
i ty At orney
3
M
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