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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 W W d -1- 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 -2- 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. 11911 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 b -1510% Date -4- t 1 490 — 1 Feet