1252 Park Ridge Subd. Emerg Wtr Supply InterconntEMERGENCY WATER SUPPLY INTERCONNECT AGREEMENT
PARR RIDGE SUBDIVISION
THIS AGREEMENT is made and entered into this 3 day of
A.D. 2008, by and between the City of Sanford, a
municipality and political subdivision of the State of Florida,
whose address is 300 North Park Avenue, Sanford, Florida 32771,
hereinafter referred to as SANFORD, and UTILITIES, INC. OF
FLORIDA, a Florida corporation, whose address is 200
Weathersfield Avenue, Altamonte Springs, Florida 32714 -4027,
hereinafter referred to as THE UTILITY.
W I T N E S S E T H
WHEREAS, SANFORD operates water treatment and distribution
systems located in the City of Sanford; and
WHEREAS, THE UTILITY operates a water treatment and
distribution system known as Park Ridge located at 101 West Ridge
Drive, Sanford, Florida 32773, and desires to utilize the SANFORD
water supply system as an emergency water supply source; and
WHEREAS, THE UTILITY has been encouraged by the State of
Florida, Department of Environmental Protection to seek a
secondary service to augment their emergency water supply needs;
and
WHEREAS, the parties desire to enter into an Emergency Water
Supply Interconnect Agreement to provide emergency water service
between SANFORD and THE UTILITY upon the specific terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises hereof and
in consideration of the mutual advantages arising hereunder and
of other good and valuable consideration, the receipt and
sufficiency whereof is hereby acknowledged, the parties hereto
agree as follows:
SECTION 1. SERVICE AND PRICE SANFORD agrees to supply
emergency water service to THE UTILITY for sums as follows:
$1.9625 per thousand gallons for the first 150,000 gallons,
2.5625 per thousand gallons up to 300,000 gallons, $3.3375 per
thousand gallons up to 600,000 gallons, and $4.925 per thousand
gallons over 600,000 gallons plus a fixed monthly charge of
$154.4375 based on a four -inch meter size. This pricing may be
revised from time to time by SANFORD as determined by the City
Commission. SANFORD shall charge THE UTILITY at these rates only
when the valve to the Interconnect is open. If the valve is
closed, a monthly bill will not be charged. A minimum charge to
THE UTILITY, when the valve is open, shall include the water
usage charge plus fixed base charge regardless of the number of
days the valve was opened during the month.
SECTION 2. TERM This Agreement shall continue in effect
for a period of thirty (30) years from the date of execution and
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will be automatically renewed for a period of ten (10) years
thereafter, unless either party elects to terminate the
agreement. In the event of termination, the terminating party
must give the other party a minimum of twelve (12) months prior
written notice delivered by certified mail to the address defined
herein.
SECTION 3. TEMPORARY UTILIZATION OF INTERCONNECT It is
further agreed that the emergency water supply interconnection
shall be utilized only at the time of equipment failure or other
emergency condition to relieve a temporary cessation of water
service. The interconnection is not to be used to provide
regular permanent service for any portion of THE UTILITY's
average or peak daily flow requirements.
SECTION 4. BILLING AND PAYMENT All charges provided for in
Section 1 hereof shall be paid by THE UTILITY, within thirty (30)
days of receipt of the corresponding bill for charges. Prompt
payment by THE UTILITY is of the essence of this Agreement. If
any payment is not made in full when due, there shall be a
delinquent fee in the amount of one and one half percent (1.5%)
of the balance due, plus all legal fees, costs, and
administrative expenses of the City resulting from the delay in
payment and the enforcement and collection of same.
SECTION 5. PLANS AND SPECIFICATIONS THE UTILITY shall
provide for the engineering plans and specifications for the
complete interconnection project, which shall be acceptable to
both parties and subject to approval from the Florida Department
of Environmental Protection (FDEP). THE UTILITY shall be
responsible for the installation, maintenance, and operation of a
suitable water flow meter, backflow preventer and pressure
regulating valve at the point of interconnection. Cost of the
water flow meter and all required appurtenances, together with
related construction costs of the distribution interconnection
system shall be paid by THE UTILITY. All construction,
installation, and maintenance contemplated hereunder shall be
subject to the supervision, inspection, and approval of SANFORD's
Utilities Director and Utility Engineer.
SECTION 6. MAINTENANCE, OPERATION AND REPAIR The entire
water system of SANFORD and THE UTILITY shall, at all times, be
maintained, operated and kept in a state of repair which shall
meet all rules and regulations of all governmental agencies
having jurisdiction thereof, including the FDEP and the U.S.
Environmental Protection Agency (U.S. EPA). The water meter and
associated backflow preventer, valves and pressure regulating
valve shall be at all times maintained by THE UTILITY. The meter
shall be calibrated annually by THE UTILITY at its cost and the
results shall be provided to SANFORD immediately thereafter. The
backflow preventer shall likewise be tested annually by THE
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UTILITY at its cost. All testing programs shall comply with
SANFORD regulations and requirements.
SECTION 7. COLLECTION OF CHARGES SANFORD and THE UTILITY
shall each be responsible for the collection of the service
charges for each unit being served within their respective
jurisdictions. The failure to collect such service charge or
fees shall not relieve THE UTILITY from paying to SANFORD the
charges as set forth in this Agreement.
SECTION 8. RECLAIMED WATER USE THE UTILITY shall allow
residents of the Park Ridge area to utilize reclaimed water from
SANFORD, if and when available from SANFORD. Residents shall be
required to abide all SANFORD reclaimed water rules and
regulations when they choose to participate in the reclaimed
water use program.
SECTION 9. NON- PERMITTED USE Both parties agree that they
will not allow any illegal, unauthorized or non - permitted use of
the service interconnections or their attendant appurtenances.
SECTION 10. AVAILABILITY OF SERVICE SANFORD agrees to make
available and activate emergency service as soon as the emergency
interconnection between SANFORD and THE UTILITY systems has been
completed in accordance with the approved plans and
specifications required in Section 5 hereof.
SECTION 11. CURTAILMENT OF SERVICE SANFORD and THE UTILITY
stipulate and agree that emergency water supply may be curtailed
or terminated by SANFORD in the event of a simultaneous emergency
water need which would jeopardize water service to existing
SANFORD customers.
SECTION 12. TEMPORARY CESSATION OF SERVICES It is agreed
that any cessation of water distribution services by SANFORD
shall not constitute a breach of this Agreement, and neither
party shall be liable to the other for damages resulting from
such cessation of service.
SECTION 13. SEPARATE AND DISTINCT AGREEMENT Both parties
agree that this Agreement is separate and distinct from any
existing or future agreement executed between SANFORD and THE
UTILITY for the purchase or sale of water service. This
Agreement is for the sole purpose of addressing any Emergency
Water Supply interconnect between SANFORD and THE UTILITY.
SECTION 14. ASSIGNMENT This Agreement shall be binding on
the parties hereto and their representatives and successors.
Neither party shall assign this Agreement or any of the rights
and /or obligations mandated hereunder to any other party.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day, month and year first above written in two
(2) counterparts, each of which shall be deemed an original.
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ATTEST:
S
Steven Luberto zi,
Chief Financial Officer
ATTEST:
*6 1< - 6k*A �r*
Janet R. Doug erty, City Clerk
THE UTILITY: UTILITIES, INC.
OF FLORIDA
V I /LA -
Lisa Spar ow, Chief Operating
Officer
Date
SANFORD: CITY OF SANFORD
Linda Ku n, Mayor
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Date
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