1190-Sewage Service Agreement w/Lake Mary
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THE CITY OF SANFORD AND THE CITY OF LAKE MARY
SEWAGE SERVICE AGREEMENT
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TIDS AGREEMENT is made and entered into this d& 't!1 day of
V C:tf(wv ,2007, by and between the CITY OF SANFORD, a Florida municipal
corporation, whose mailing address is Post Office Box 1788, Sanford, Florida 32772-1788,
hereinafter referred to as "SANFORD", and the CITY OF LAKE MARY, a Florida municipal
corporation, whose mailing address is Post Office Box 958445, Lake Mary, Florida 32795-8445,
hereinafter referred to as "LAKE MARY".
WIT N ESE T H:
WHEREAS, SANFORD owns and operates a wastewater system located in Sanford,
Florida, hereinafter referred to as "Wastewater System", and is desirous of selling wastewater
treatment and disposal services to LAKE MARY; and
WHEREAS, LAKE MARY owns and operates a wastewater system located in Lake
Mary, Florida; and
WHEREAS, LAKE MARY wishes to connect to SANFORD's Wastewater System and
purchase wastewater capacity on a wholesale basis from SANFORD to provide sanitary sewer
and wastewater disposal service to certain lands, including the Waterside Development, a
development owned and to be maintained and operated by Waterside Development, L.L.C., and
located in the corporate limits of Lake Mary, Florida, all lands as depicted in Exhibit "A",
attached hereto and incorporated herein by reference; and
WHEREAS, SANFORD has wastewater capacity reserved and uncommitted at a
SANFORD wastewater treatment facility; and
NOW, THEREFORE, in consideration of the recitals, mutual covenants, agreements,
promises herein contained, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties covenant and 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.
Section 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:
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(a) Agreement - The Sanford/Lake Mary Sewage Service Agreement as it may from
time to time be modified.
(b) Collection Facilities - The lines, pIpes, meters, and all other appurtenant
equipment owned, operated and maintained by Lake Mary to collect and transmit wastewater to
the Sanford Transmission Facilities.
(c) Sanford Wastewater Plant - Sewage treatment and disposal facilities used by
Sanford to treat wastewater and detain, transmit and dispose of said treated wastewater in
accordance with applicable regulatory requirements.
(d) GPD - Gallons per day, average annual basis.
(e) Residential and Commercial Wastewater Strength - Residential and
commercial wastewater discharges exhibiting the following characteristics: biochemical oxygen
demand of200 mg/l or less, suspended solids of200 mg/l 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; discharges containing any
toxic pollutants; and any other discharges prohibited by applicable Federal, State, and local
statute, ordinance, rule or regulation. Lake Mary shall require grease traps and industrial
pretreatment by its customers in accordance with Federal, State and local guidelines.
(f) Transmission Facilities - Master lift stations, lines, pipes, force mains, pumps,
meters and all other appurtenant equipment and facilities used by Sanford to transmit wastewater
from the point of connection from the Lake Mary Collection Facilities to the headworks of the
Sanford Wastewater Plant.
(g) Wastewater Impact Fees - Fees and charges established and collected by
Sanford to purchase Wastewater Service Capacity sold hereunder.
Section 3. Purpose. Subject to the terms and conditions hereinafter set forth,
Sanford shall sell and provide to Lake Mary, and Lake Mary shall purchase and receive from
Sanford, wastewater service for an up to seven (7) home development called "Waterside" off of
Lake Mary Boulevard. The estimated flow from the up to seven (7) home development is
approximately 2,100 GPD. It is mutually acknowledged by both parties that the intent of this
Agreement is for Sanford to provide wholesale sewer service to Lake Mary and for Lake Mary to
provide retail sewer service to the Waterside Development.
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Section 4. Term. This Agreement shall continue in full force and effect from the
complete execution hereof and thereafter for ten (10) years; provided, further, that the
Agreement shall be automatically extended for successive periods often (10) years each.
Section 5. Provisions of Wastewater Service Capacity. Sanford shall provide
Wastewater Service Capacity to Lake Mary in the following manner and subject to the following
terms and conditions.
(a) Sewer Service Purchase. Lake Mary has identified, and subject to the terms and
conditions hereinafter set forth, Sanford has agreed to provide Wastewater Service to satisfy
Lake Mary's Wastewater Service needs for up to seven (7) homes in "Waterside" of
approximately 2,100 GPD. Lake Mary shall pay monthly for the wastewater services provided
based on the reading of the homeowners water meter. Sanford's obligation to provide
approximately 2,100 GPD shall be contingent upon Lake Mary's payment to Sanford of
applicable Wastewater Connection Fees upon Sanford's execution of the Florida Department of
Environmental Protection (FDEP) permit applications for said capacity or any portion thereof. If
Wastewater Impact Fees are not paid by Lake Mary as set forth hereinabove, all rights and
obligations under the Agreement shall be terminated.
(b) Operation and Maintenance of Facilities. Lake Mary or its assigns shall be
responsible for the operation, maintenance and replacement of the Collection Facilities to the
point of connection to the Transmission Facilities. The point of connection is conceptually
depicted on a map attached to and incorporated herein as Exhibit "B". Operation, maintenance,
and replacement of Sanford's Plant and all pipes, fittings, valves and appurtenances, including
the Transmission Facilities to the point of connection into the Collection Facilities shall be the
responsibility of Sanford.
(c) Metering Lake Mary shall furnish and install potable water metering equipment
capable of measuring all potable water flow. The metering equipment shall remain the property
of Lake Mary and Lake Mary shall be responsible for the operation, maintenance and
replacement of the metering equipment. Lake Mary shall provide the individual water meter
readings to Sanford in order for Sanford to determine the montWy sewer bill for each of up to
seven (7) homes, Further Sanford may read the meters at any time and have access thereto for
testing purposes. Written results ofthe Sanford meter tests shall be provided to Lake Mary.
(d) Wastewater Service Capacity.
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(1) Both parties agree that after connection of the Collection Facilities to the
Transmission Facilities as provided herein, Sanford will continuously provide to Lake Mary, in
accordance with the provisions of this Agreement, Wastewater Service Capacity in an amount not
to exceed approximately 2,100 GPD and in a manner conforming with all applicable governmental
requirements; provided, however, Sanford's obligation shall be consistent with and not greater
than, Sanford's obligation to provide wastewater service to the public generally. Upon connection
of the Collection Facilities to the Transmission Facilities, any customers that have or will connect
into the Collection Facilities shall be customers of Lake Mary and shall pay Lake Mary's rates,
fees, charges and deposits for wastewater service. Wastewater Connection Fees for such
customers shall be calculated and paid at Sanford's rate.
(2) Lake Mary agrees that the wastewater to be treated by Sanford will consist
of wastewater as would be considered normal for a residential connection as defined in Section 2
(e) above. Lake Mary further agrees to prohibit any dumping or discharge into the Collection
Facilities which could result in wastewater flowing into Sanford's Wastewater System which does
not comply with Sanford's Wastewater System use rules. Should such wastewater flow into
Sanford's Wastewater System, Lake Mary, upon notice of same, shall insure, to the best of its
ability, such discharge is immediately discontinued using due diligence and emergency police
powers as required under the circumstances. The occurrence of such a discharge shall not be
construed as a default by Lake Mary under this Agreement, provided the discharge is not caused
by the conduct of Lake Mary and Lake Mary uses due diligence and emergency police powers as
required under the circumstances to insure such discharge and future potential discharge is
discontinued and prevented.
(3) Lake Mary agrees that in the operation and maintenance of Sanford's
Wastewater System, Sanford has certain obligations to protect the health, safety, and welfare of the
public and to prevent undue burden to Sanford's customers resulting from extraordinary discharges
attributable to Lake Mary. Lake Mary agrees that all sewage or wastewater collected by Lake
Mary and transmitted to Sanford shall comply with the pretreatment requirements of Sanford as
specified in Sanford's Wastewater System User Rules Ordinance prior to introduction into
Sanford's Wastewater System. Lake Mary further agrees that Sanford may, at Sanford's sole
option, require pretreatment and/or special features such as grease traps to insure such conformity.
Lake Mary, for itself and its customers, agrees to abide by all sewer use ordinances, resolutions,
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rules and regulations related to the use of and discharge to Sanford's Wastewater System as may
be adopted from time to time by Sanford, Sanford shall provide Lake Mary copies of all applicable
Sanford ordinances, resolutions, rules and regulations now in effect and as may be adopted or
amended by Sanford from time to time.
Section 6. Payment of Wastewater Impact Fees. Sanford shall reserve for Lake Mary
2,100 GPD of Wastewater Capacity at the current rate in effect at the time of Sanford's execution
of the FDEP permit application for said capacity or any portion thereof. Lake Mary shall pay
Sanford Wastewater Impact Fees for each home at the time the FDEP permit is executed. The
impact fee should be charged at the outside city limit rate which has been established by the
Sanford City Commission at the time of connection.
Section 7. Wholesale Wastewater User Charges. Sanford agrees to provide
Wastewater Service Capacity to Lake Mary pursuant to the terms and conditions herein for a
charge of FOUR AND 44/100 DOLLARS ($4.44) per 1,000 gallons of wastewater and a fixed
base charge reserving availability of service, consistent with the rate charged to customers outside
the City with a meter of equivalent size. Lake Mary agrees to remit to Sanford montWy the
amount of volume sewer charges billed to its Waterside Development customers but not more than
the maximum residential sewer consumption of 12,000 gallons per month per connection. Lake
Mary agrees to pay for wastewater service at the above-mentioned rate and agrees to make
payments to Sanford within thirty (30) days from the date of billing detailing the quantity of
Equivalent Residential Units (ERU's) billed along with total water consumption for the applicable
accounts. Lake Mary shall be solely responsible to Sanford for payment of montWy bills. Failure
to do so will be considered a default by Lake Mary and shall be processed as provided in Section
13 hereinafter.
Section 8. Change of Rates. In the event Sanford, during the term of this Agreement,
shall propose any new rate schedule or amended rate schedule applicable to wholesale wastewater
service furnished, including connection fees, Sanford shall forward to Lake Mary a copy of such
rate schedule or amended rate schedule prior to the effective date thereof, and shall substitute such
rate schedule or amended rate schedule for the rate schedule then in effect hereunder for such
wholesale wastewater service, including connection fees, commencing with the next billing period
after the effective date.
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Section 9. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the
benefit of the formal parties herein, and no right or cause of action shall accrue upon or by reason
hereof, to or for the benefit of any third party not a formal party hereto.
Section 10. Assignment. This Agreement shall be binding on the parties hereto and
their representatives and successors. Neither party shall assign this Agreement or the rights and
obligations to any other party.
Section 11. Default. Either party to this Agreement, in the event of or act of default by
the other, shall have all remedies available to it under the law 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.
In the event of default by Sanford, Lake Mary shall be entitled to any and all remedies
available to customers of the Sanford water and sewer system.
Each of the parties hereto shall give the other party written notice as provided hereinafter
of any defaults hereunder and shall allow the defaulting party thirty (30) days from the date of
receipt to cure such defaults, and shall otherwise comply with any State or local law to resolve
disputes between local governments.
Section 12. Notices. Any notice required or permitted to be delivered hereunder shall
be in writing and deemed to be delivered when either hand delivered to the official hereinafter
designated, or 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 below,
or at such other address the party shall have specified by written notice delivered in accordance
herewith.
FOR SANFORD
FOR LAKE MARY
City Manager
City of Sanford
Post Office Box 1788
Sanford, FL 32772-1788
City Manager
City of Lake Mary
Post Office Box 958445
Lake Mary, FL 32795-8445
Section 13. Liability. Sanford shall make all reasonable efforts to prevent interruption
of service, and when such interruption occurs, shall endeavor to re-establish service with the
shortest delay consistent with safety to its customers and the general public.
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Section 14. Severability. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of
the Agreement if the rights and obligations of the parties contained herein are not materially
prejudiced and if the intentions of the parties can continue to be effected. To that end, the
Agreement is declared severable.
Section 15. Time of the Essence. Time is hereby declared of the essence to the lawful
performance of the duties and obligations contained in this Agreement.
Section 16. 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 17. 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 WHEREOF, the parties hereto have hereunder executed this Agreement
on the date and year first above written.
ATTEST:
(l~G.~
Carol A. Foster, City Clerk
By:
Thomas C. Greene, Mayor
Date: LO'- l~,b-7
ATTEST:
CITY OF SANFORD
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Linda Kuh , Mayor
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Date: ()~-/ d (oj ;2c5[J7
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