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1227-Jt. Participation w/Lk Mary re: Reclaimed Water/;?1q 7 JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF SANFORD AND THE CITY OF LAKE MARY PROVIDING FOR RECLAIMED WATER INTERCONNECT A' 'VILSIT! THIS AGREEMENT is made and entered this ay of , 2008, by and between the City of Sanford, Florida, a Florida municipal corporation ocated at 300 North Park Avenue, Sanford, Florida 32771 hereinafter referred to as "Sanford" and the City of Lake Mary, Florida, a Florida municipal corporation, located at 100 North Country Club Road, Lake Mary, �* Florida 32746 hereinafter referred to as "Lake Mary". RECITALS: Whereas, the City of Lake Mary (Lake Mary) has requested interconnection to the City of Sanford's (Sanford) reclaimed water system and wholesale - reclaimed water service from Sanford; and Whereas Lake Mary has expanded reclaimed water service to the Lake Mary Woods Subdivision and may expand service to other potential areas; and Whereas, the parties desire to enter this Agreement so as to enable the parties to continue to enjoy the mutual benefits it provides. Whereas, the City of Lake Mary/City of Sanford Irrigation Lease Contract No. S -88 -2, as amended, shall remain in effect and unchanged, except as amended and /or modified by the specific terms and conditions contained in this Agreement. Whereas, the Joint Participation Agreement as amended between the City of Sanford, City of Lake Mary and Seminole County, providing for potable water, and reclaimed water distribution infrastructure shall remain in effect and unchanged, except as amended and /or modified by the specific terms of this agreement. Now, Therefore, in consideration of the mutual understandings and agreements contained herein, the parties agree as follows: 1. Connections to Sanford's Reclaimed Water System. 1.1 Attached hereto and incorporated herein by this reference as Exhibit "A," is a description of the connections to Sanford's system including location, the type of customer, service use, and estimated average usage in annual average gallons per day (gpd). 1.2 Attached hereto and incorporated herein by this reference as Exhibit `B" is a map depicting the properties to be served by the interconnections described in Exhibit "A" and points of connection. 1.3 It will be the responsibility of Lake Mary to obtain written approval and such agreement as shall be necessary to connect the reclaimed water system to the Sanford System. 2. Capital Costs. Lake Mary will be responsible for the payment of all costs germane to the physical interconnect to the Sanford System and for providing all meters. 3. Volume and Delivery of Reclaimed Water. 3.1 Except as provided in paragraphs 3.2 and 3.3, Sanford will deliver, and Lake Mary will accept and use, an estimated volume of 0.9 million gallons of reclaimed water per day on an annual average daily flow basis. The reclaimed water shall be delivered to point(s) of connection as shown in Exhibit "B ", at such connection points as identified. Both parties recognize that weather conditions and /or unforeseen circumstances beyond the control of the parties may necessitate temporary interruption of reclaimed water delivery and attendant usage. Interruptions permanent in scope will require immediate written modification of the volume and delivery term of this Agreement. 3.2 Should Sanford's reclaimed water transmission and /or distribution system fail for reasons or events beyond the City's control, or during periods when Sanford is performing required maintenance or repairs to the reclaimed water system, then it is understood that delivery of reclaimed water, under the requirements of this Agreement, may be interrupted or limited in quantity. Sanford shall utilize every effort to minimize downtime of the reclaimed water system and to restore the system to full capacity. Sanford shall immediately provide Lake Mary telephone, email, or facsimile notice of date and projected downtime. Sanford may temporarily suspend delivery of reclaimed water should the quality of the reclaimed water exceed any of the standards for water quality under Chapter 62- 610, Part III, Florida Administrative Code. Nothing in this Agreement shall prevent Lake Mary from implementing a permitted backup supply of reclaimed water. 3.3 Sanford retains the right, to enact necessary conservation strategies, including, but not limited to, designating odd /even watering days, reducing the system operating pressure and instituting rolling service blackouts. Lake Mary shall cooperate with Sanford in the implementation of these strategies with Lake Mary customers if such conservation strategies become necessary. Sanford will provide Lake Mary prior written notice of such reduction strategies including volume reduction and duration when known. 3.4 Lake Mary acknowledges that at the Weldon Boulevard service connection service may be interrupted by events beyond the control of Sanford by reason of the proximity of Seminole Community College's (SCC) reuse distribution system. Lake Mary will cooperate with Sanford and SCC as is required to improve the reuse distribution system if and when SCC moves forward with a new road 2 corridor connecting Weldon Boulevard to College Drive. 4. Meters. Sanford will be solely responsible for the ownership, operation, maintenance, and costs associated with the existing eight (8) master meters. 5. Reclaimed Water Charges. 5.1 Reclaimed Water Rates. Sanford will charge and Lake Mary will pay at the rate of $0.81 per one thousand gallons for flow delivered, and a fixed base charge of $31.19 under a pressurized condition for flow measured at meters 5 through 8 as described on Exhibit "A ". Meters 1 through 4 as described on Exhibit "A" will continue to be regulated as defined in the City of Lake Mary /City of Sanford Irrigation Lease Contract No. S -88 -2, as amended. 5.2 Billing. Sanford shall bill Lake Mary for its usage monthly. 5.3 Future Rate Adjustments. (a) Sanford retains the right to evaluate its rate structure and adopt changes, as needed, to recover the cost of providing reclaimed water service. (b) Sanford will notify Lake Mary in writing ninety (90) days in advance of adopting any new reclaimed rate. (c) Sanford will notify Lake Mary in writing thirty (30) days in advance of any annual Consumer Price Index adjustments. 6. Use of Reclaimed Water. a. Lake Mary will be solely responsible for the ownership, operation, and maintenance, and the costs of all portions of the reclaimed water system, including backflow prevention devices, located within rights -of -way on the downstream side of the point of connection with Sanford's reclaimed water system. b. Cross - connections between the reclaimed water system and any potable water system are prohibited. C. Lake Mary will comply with all applicable rules and regulations of those agencies having jurisdiction over the use of reclaimed water. d. Lake Mary shall operate and maintain the reclaimed water distribution system in a manor which protects the health, safety, welfare and environment including but not limited to the following: A. Required advisory signs, in accordance with FAC 62 -6 t 0, shall be 3 installed and properly maintained by Lake Mary at all entrances adjacent to property utilizing reclaimed water to advise the type of water usage. Replacement signs shall be installed by Lake Mary as needed. B. Lake Mary shall take all necessary precautions to clearly identify reclaimed water irrigation systems to prevent inadvertent human consumption. C. Lake Mary shall implement public education endeavors to inform its residents, employees, agents, and invitees of the reclaimed water system to prevent inadvertent human consumption as required by FAC 62 -610. D. Lake Mary shall properly report any reclaimed water spills and cross - connections directly to the Florida Department of Environmental Protection. E. Lake Mary will provide customer and location information to properly facilitate utility billing, annual reuse reporting, permitting and regulatory compliance, reuse service management requirements, and troubleshooting F. In the event of any system violation within the Lake Mary Reclaimed Water Distribution System and customer base that is not directly attributable to water quality from the Sanford delivery system, Lake Mary will immediately report any potential violation to the appropriate agency to avoid agency citation and violations where possible; timely respond to agency citations and violations when required; timely cure the violation to the satisfaction of the citing agency; pay all costs and penalties associated with the violation by Lake Mary; pay any and all costs incurred by Sanford directly related to curative actions by Sanford mandated by the citing agency directly attributable to the Lake Mary Distribution System and customer base failure. 7. Inspections. Sanford shall have the right, when necessary, to allow Sanford's employees to review and inspect Lake Mary's operating practices to ensure compliance with FAC 62 -610, and the terms of this Agreement. 8. Water Quality. All reclaimed water delivered or conveyed through the reclaimed water system under this Agreement shall be treated by Sanford in accordance with all requirements of permits issued by state and federal regulatory agencies. Both parties shall comply with Florida Department of Environmental Protection Rule 62 -610, as amended. 9. Term. This Agreement shall remain in full force and effect for ten (10) years from date of execution. This Agreement shall automatically extend for an additional five (5) year period unless either party provides unto the other written notice of nonrenewal one hundred and eighty (180) days prior to the expiration date hereof. rd 10. Termination. The parties each retain the right to terminate this Agreement at any time during the terms upon three hundred and sixty five (365) days advance written notice tendered in accordance with Paragraph 11 hereof. Lake Mary shall be responsible to pay Sanford for all reclaimed water delivered to the date of termination and cessation of reclaimed water service. 11. Notices. Any notice given pursuant to this Agreement shall be in writing and will be deemed to be delivered when (a) hand delivered to the City official hereinafter designated; (b) delivered by overnight courier service; or (c) deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to a party at the address set forth herein or such other address as a party shall identify in writing as required hereby. 12. All notices, certificates, or other communications hereunder will be sufficiently given and will be deemed given when delivered by hand, courier, or registered or certified mail, postage prepaid, addressed as follows: For Sanford: Paul Moore, Utilities Director City of Sanford 300 North Park Avenue Sanford FL 32771 and Janet R. Dougherty, City Clerk City of Sanford 300 North Park Avenue Sanford, FL 32771 For Lake Mary: City Manager City of Lake Mary 100 N. Country Club Road P.O. Box 958445 Lake Mary FL 32795 -8445 and Director of Public Works City of Lake Mary 100 N. Country Club Road P.O. Box 958445 Lake Mary, FL 32795 -8445 13. Facsimile as Writing. The parties expressly acknowledge and agree that, notwithstanding any statutory, or decisional law to the contrary, the printed product of a facsimile transmittal will be deemed to be "written" and "writing" for all purposes of this Agreement. 14. Assignment. The rights of the parties under this Agreement are personal and may not be assigned without the prior written consent of the parties hereto. Subject to the foregoing, 5 this Agreement will be binding upon and enforceable against, and will inure to the benefit of the parties hereto and their successors. 15. Headings. The use of headings, captions, and numbers in this Agreement is solely for the convenience of identifying and indexing the various provisions in this Agreement and will in no event be considered otherwise in construing or interpreting any provision in this Agreement. 16. Exhibits. Each and every Exhibit referred to or otherwise mentioned in this Agreement is and will be construed to be made a part of this Agreement by such reference. 17. Severability. If any term, covenant, condition, or provision of this Agreement, or the application thereof, to any person or circumstance, will ever be held to be invalid or unenforceable, then in each such event the remainder of this Agreement or the application of such term, covenant, condition or provision to any other person or any other circumstances (other than those to which it will be invalid or unenforceable) will not be hereby affected and each term, covenant, condition and provision hereof will remain valid and enforceable to the fullest extent permitted by law. 18. Non - Waiver. Failure by any party to complain of any action, non - action, or breach of any other party will not constitute a waiver of any aggrieved party's rights hereunder. Waiver by any party of any right arising from any breach of any other party will not constitute a waiver of any other right arising from a subsequent breach of the same obligation or for any other default, past, present or future. 19. Rights Cumulative. All rights, remedies, powers, and privileges conferred under this Agreement on the parties will be cumulative of an in addition to, but not restrictive of or in lieu of, those conferred by law. 20. Applicable Law and Venue. This Agreement and its attachments will be governed by, construed under and interpreted and enforced in accordance with the laws of the State of Florida. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 21. Entire Agreement. This Agreement contains the entire agreement of the of the parties with respect to the subject matter hereof and all representations, warranties, inducements, promises or agreements, oral or otherwise, between the parties not embodied in this Agreement will be of no force or effect. 22. Modifications. This Agreement will not be modified or amended in any respect except by written agreement by the parties in the same manner as this Agreement is executed. 23. Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original, and all such counterparts together will constitute one and the same instrument. 2 24. Authority. Each party hereto warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a parry warrants and represents that he has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 25. Disclaimer of Third -Party Beneficiaries. This Agreement is solely for the benefit of Sanford and Lake Mary and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party. Accepted: CITY\OF LAKE MARY C Johyitton, City Manager Date: � /G Z �� Accepted: Robert (Sherman) Yehl, Ci APPROVED BY CITY CO l missl Exhibit "A" The City of Lake Mary's reclaimed water distribution system is connected to Sanford's reclaimed water system at eight separate locations as shown on Exhibit `B ". There are a total of eight (8) master reuse meters serving commercial, municipal and residential areas. The metered connections are as follows: Location Service Type Service Use 1 Mohegan Blvd. Commercial Timacuan Golf Course Irrigation 2 Timacuan Blvd. Commercial Timacuan Boulevard Right of Way 3 Mohegan Blvd. Commercial Mohegan Boulevard Right of Way 4 C.R. 46A Commercial Rinehart Road Corridor Total Estimated Average Usage: 750,000 gpd 5 Rantoul Ln. Municipal I Lake Mary Sports Complex Total Estimated Average Usage: 18,000 gpd 6 Shealey Rd. Municipal I Lake Mary Soccer Field Total Estimated Average Usage: 15,000 gpd 7 Art Ln. /LMB Municipal I Lake Mary Boulevard Right of Way Total Estimated Average Usage: 35,000 gpd 8 Weldon Blvd. Residential I Weldon Boulevard/Lake Mary Woods Total Estimated Average Usage: 82,000 gpd F � O N O � v m C C O S Sg4 U 0 U) c a ,1 �R � aO 3oOla O� Nl I* 4� 6L4 34A10 i O IR �O z m 3AV a31S3H O a 318V1S SVwOHl o g VS,k 2 " v 3AV 1NVAa8 O 3�1 m LU � 3 yy T " l o i z w z z DR Z Y Om O �o OQ _ mD m z a U) r o is 3NVl z I uN pp,UA 1S 1% 1S ONZ Oa BfilO kHINnoo S _y Oa 8f11D Aa1Nnoo N 1S cm T QQ 1S H14 S p� j Wj 1S NOOOOVa Q� pit z 1S OOOM y * T � OF Z � � Q z Oa laVH3Nla z 2 d w Id ANnIN30 O I Q O � 3�1 m �3NIIAY 3 i w z ON SOoom WVHNWN NnS S d� LAKE PARK DR 4 O s 4) O , � ■ CL i CL x W m • A � W AW O a. �3NIIAY w z W Z Y Om O �o OQ _ mD m z a U) 4) O , � ■ CL i CL x W m • A � W AW O a.