027-1st Amendment-Effluent DispL 21
FIRST AMENDMENT TO
EFFLUENT DISPOSAL/IRRIGATION AGREEMENT
THIS FIRST AMENDMENT is made and entered into this 31 sl' day of May
2000, by and between SEMINOLE CLUB, INC., a Florida corporation (hereinafter known as
"Permittor ") and the CITY OF SANFORD, FLORIDA, a municipal corporation created by the laws
of the State of Florida and existing in Seminole County, Florida (hereinafter known as "Permittee ")
as follows:
WITNESSETH
WHEREAS, Permittor and Permittee entered into that certain Effluent Disposal /Irrigation
Agreement dated April 25, 1988 for the disposal of effluent at the Mayfair Golf Course located in
Sanford, Florida;
WHEREAS, Permittor has sued Permittee in those two cases styled Seminole Club, Inc., v.
The City of Sanford in the Circuit Court of the Eighteenth judicial Circuit, in and for Seminole
County, Florida, Case No.: 98- 1113- CA -15 -B and Seminole Club, Inc. v. City of Sanford in the
Circuit Court of the Eighteenth Judicial Circuit, in and for Seminole County, Florida, Case No.: 00-
CA- 906 -15 -B; and
WHEREAS, as part of the Mediation conducted on May 11, 2000, between Permittor and
Permittee, the parties agreed, inter alia, to amend the Effluent Disposal/Irrigation Agreement dated
April 25, 1988.
F:\ USERS \MARY\MAYFAIR \CITYLIT\amend agmempd 1
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the parties hereto do agree as follows:
1. Permittee guarantees an average of 450,000 gallons per day, at a minimum, measured
over a lease year, to be delivered to Permittor as lessee of the Mayfair Golf Course to irrigate the
Mayfair Golf Course.
2. Permittee guarantees to provide no less than 2,250,000 gallons during any one
calendar week (7 days) for the remainder of the Lease Term.
3. Permittor shall provide seventy -two (72) hours advance notice, by telefax, to the
Utilities Director of the City of Sanford, if Permittor intends to fertilize or apply other chemicals to
the Mayfair Golf Course.
4. Permittor may, at its own expense, and upon reasonable notice to Permittee, audit
Permittee's reclaimed water flow records to assure compliance with the requirements set forth
herein.
5. In the event Permittee fails to meet the above minimums it shall pay Permittor
twenty -five cents (25¢) per 1,000 gallons for any shortage with regard to the above annual lease year
minimums to be paid at the end of the lease year. Correspondingly, Permittor shall pay Permittee
twenty -five cents (25¢) per 1,000 gallons if it does not consume the minimums as determined at the
end of this lease year. These sums shall be due and owing within thirty (30) days at the end of any
given Lease Year. Payment of these sums will not relieve Permittee of its obligation to provide the
minimums set forth in paragraph one (1), for the following years.
b. Permittor shall assume responsibility for all maintenance, repair and operation of the
irrigation system effective as of March 12, 2000. These duties shall include, but are not limited to,
F:\ USERS \MARY\MAYFAIR \CITYLI7lamend agree.wN 2
maintaining and repairing all sprinkler heads, controllers, small diameter pipeline (3 inch and
smaller), wires, valves, weather station computer, Maxi Five System electrical system components,
power source and other appurtenances. If Permittor determines, after inspection, that a pipeline
break occurred in a pipeline with a diameter of more than four inches, or if Permittor believes that
the repair is outside the purview of this Amendment, then the Permittor shall contact the Utility
Director or his designee, in writing, and the Utility Director will investigate to determine what
repairs are necessary. Permittee will make all necessary repairs promptly. Permittor shall employ
an appropriate number of professionals with experience in irrigation system operation and
maintenance to fulfill the obligations of this Amendment. The irrigation system shall be maintained
commensurate with industry standards.
7. Permittor shall maintain records of daily work orders, progress reports, employee's
time and materials purchased (invoices) involving the reclaimed water irrigation system. This
information, along with system operational data, shall be open for inspection to Permittee's
personnel upon reasonable notice.
8. The term of this Amendment shall be concurrent with the terms of that certain Lease
dated March 11, 1981, between Permittor and Permittee (as Amended).
9. Permittor agrees to operate the existing reclaimed irrigation system in conformance
with all state and local regulations.
10. Permittee shall continue to maintain the master pump station at the golf course and
all related pump station components with the exception of the fertigation system. Permittee will
continue to maintain the jockey pump at the master pump station, pond level, etc. Permittee shall
be responsible for maintaining all large diameter pipelines (4 inch and larger).
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11. Permittee shall have the right to enter upon the premises at any time in order to
inspect and monitor the irrigation system to ensure that Permittor is operating and maintaining the
system according to industry standards.
12. Permittor shall provide proof of insurance naming both Permittor and Permittee as
insured parties and protecting each against mutually responsible risks arising out of the reclaimed
water irrigation system, including, but not limited to, public liability insurance with limits to be
hereafter agreed upon by the parties in writing.
13. Permittee shall pay to Permittor the lesser of the amount paid as rent by Permittor to
Permittee under that certain Lease dated March 11, 1981 (as Amended) or $65,000.00 (adjusted
annually in accordance with the Consumer Price Index as of March 31, 2001 for the preceding
twelve (12) month period). The payment shall be due annually thirty (30) days after the end of any
given lease year. As used herein, the term "Consumer Price Index" shall mean the Consumer Price
Index for All Consumers, All Items, U.S. City Average (1982 - 1984 = 100) as published by the
United States Department of Labor, Bureau of Labor Statistics.
14. This Amendment will be deemed effective from March 12, 2000 through March 11,
2048.
IN WITNESS WHEREOF the undersigned parties have executed this Amendment in a form
and manner sufficient to bind them as of the date of joint execution.
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SEMINOLE CLUB, INC., (Permittor)
STATE OF FLORIDA
COUNTY OF
By L _X_
RIC LEARY, as Vice President
BEFORE ME, the undersigned authority, this day personally appeared RICHARD CLEARY,
whose title is Vice President of SEMINOLE CLUB, INC., and who, being first by me duly sworn,
and who produced Fi . L4 c e s as proof of identification/v&)A s �
4a4emr executed the foregoing instrument.
WITNESS my hand and official seal this 2q day of _, 2000.
ELISE Y LAUgAC ----
'" MY COMMISSION # CC 865161
+` 'o EXPIRES: August 22, 2003
Bonded Thru Notary Public Underwriters
Notary Public, State of Florida
F: \USERS\MARY \MAYFAIR \CITYLITIamend agreempd 5
WITNESSES:
C &ezc�
Diane Crews
Typed/Printed Name
�xlease - C. Davison
Typed/Printed Name
STATE OF FLORIDA
COUNTY OF n C>
CITY OF SANFORD (Permittee)
Larry A. Dale, Mayor
Typed/Printed Name and Title
BEFORE ME, the undersigned authority, this day personally appeared
L-ar r y A,. - bcle
SANFORD, and who, being
foregoing instrument.
whose title is M V4>r of THE CITY OF
first by me duly sworn, and who produced
as proof of identification/who , executed the
WITNESS my hand and official seal this 31s+ day of fAQ,-V 2000.
o V P& DIANE CREWS
6 COMMISSION # CC 655670
I E: EXPIRES JUN 15, 2001
BONDEDTHRU
N ATLANTIC BONDING CO., INC.,
Notary Public, State of Florida
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