1803 Waterside at Lake Mary Sewage Capacity Agrmt f � b
THE CITY OF SANFORD AND THE CITY OF LAKE MAF
SEWAGE CAPACITY AGREEMENT Lo a
[WATERSIDE AT LAKE MARY] Co- m
clc?-& - L
THIS CITY OF SANFORD AND CITY OF LAKE MARY SEWAGE CAPACITY
AGREEMENT ("Agreement") is made and entered into this /2 41-- day of
� .� 2016, 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".
WITNESSETH:
WHEREAS, Sanford owns and operates a wastewater system located in Sanford,Florida,
and desires to sell wastewater treatment and disposal capacity to Lake Mary to service the
Waterside at Lake Mary subdivision,Phases I and II, located within the corporate limits of Lake
Mary on Lake Mary Blvd., as described in Exhibit A("Waterside"); and
WHEREAS,Lake Mary owns and operates a water system and a wastewater transmission
system,however,the Waterside lift station, sewage collection system and the"off-site"portion of
the wastewater force main ("Collection System") is included in the Common Elements of
Waterside as defined by the Declarations of Covenants Conditions and Restrictions of Waterside,
as recorded in Official Record Book 8208, Pages 1627 et seq., and as amended in Official Record
Book 8787,Pages 890 et seq., of the Public Records of Seminole County,Florida. Pursuant to the
aforesaid Declarations, the Waterside at Lake Mary Homeowners Association, Inc. ("HOA"), a
Florida corporation, owns and is responsible for the operation and maintenance of the lift station
and Collection System for Phase I of Waterside, and the Developer of Waterside, ZDA at
Sandpiper, L.L.C. ("Developer"),will own the portions of the wastewater system located at Phase
II until turnover to the HOA pursuant to Florida Statutes Chapter 720; and
WHEREAS,Sanford has been providing wastewater service to Phase I of Waterside under
"The City of Sanford and the City of Lake Mary Sewage Service Agreement" dated October 26,
2007 ("2007 Agreement"), and now the Developer and the HOA have requested the Parties enter
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into this Agreement to facilitate Sanford providing wastewater service to both phases of Waterside,
necessitating the termination of the 2007 Agreement; and
WHEREAS, Sanford has wastewater capacity reserved and uncommitted at a Sanford
wastewater treatment facility.
NOW, TBEREFORE, in consideration of 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:
a) GPD — Gallons per day, average annual basis measured at 300 GPD per single-
family home.
b) Parties. City of Sanford and Lake Mary.
c) Point of Connection—The point where the Collection System and the Transmission
System connect, located at the northwest corner of Sterling Pine Street and Lake
Mary Boulevard.
d) Residential and Commercial Wastewater Strength—Residential and commercial
wastewater discharges exhibiting the following characteristics: biochemical
oxygen demand of 200 mg/l or less,suspended solids of 200 mg/1 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.
e) Transmission System — 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 Collection System to the
headworks of the Sanford Wastewater Plant.
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f) 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, wastewater capacity for up to 15
homes in Waterside. The estimated flow from this development is approximately 4,500 GPD. The
intent of this Agreement is for Sanford to provide sewer service to Lake Mary and for Lake Mary
to provide retail sewer service to Waterside.
Section 4. Term. This Agreement shall continue in full force and effect from the complete
execution hereof and thereafter in perpetuity until both Parties mutually agree to terminate. Terms
and conditions may be modified from time to time at the agreement of both Parties.
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 fifteen(15)homes in Waterside of approximately 4,500
GPD. Lake Mary shall pay monthly for the wastewater services provided based on the reading of
the homeowners' water meters. Wastewater services shall begin at the issuance of a certificate of
occupancy for each home. Sanford's obligation to provide approximately 4,500 GPD shall be
contingent upon Lake Mary's payment to Sanford of applicable Wastewater Impact 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. Waterside HOA (and Developer in
Phase II until turnover) shall be responsible for the operation,maintenance and replacement of the
Collection System to the Point of Connection to the Transmission System. Operation,maintenance
and replacement of the Transmission System to the Point of Connection into the Collection System
shall be the responsibility of Sanford.
c) Metering. Lake Mary has metered Phase I of Waterside and shall furnish and install
potable water metering equipment capable of measuring all potable water flow for Phase H. The
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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 monthly to Sanford for homes as they receive their
certificate of occupancy. These readings will be used to comply with Section 7 of this Agreement.
Further, Sanford may read the meters at any time and have access thereto for testing purposes.
Written results of the Sanford meter tests shall be provided to Lake Mary.
d) Wastewater Service Capacity.
1) Both Parties agree that after connection of the Phase II Collection System to
the Transmission System as provided herein, Sanford will continuously provide to Lake Mary, in
accordance with the provisions of the Agreement, Wastewater Service Capacity for Waterside in
an amount not to exceed 4,500 GPD and in a manner conforming with all applicable govenunental
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 System to the Transmission System, any customers that have or will connect to
the Collection System shall be customers of Lake Mary and shall pay user charges as defined in
Section 7 of this Agreement. Wastewater Impact 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
d) above. Lake Mary further agrees to prohibit any dumping or discharge into the Collection
System which would 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 ensure 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 ensure 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
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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 the
Waterside HOA 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 ensure such conformity.
Lake Mary, for itself and its customers, agrees to abide by all sewer use ordinances, resolutions,
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 G. Payment of Wastewater Impact Fees. Sanford shall reserve for Lake Mary
4,500 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. Wastewater User Charges. Sanford agrees to provide Wastewater Service
Capacity to Lake Mary pursuant to the terms and conditions herein. Upon the issuance of a
certificate of occupancy for each connection, Lake Mary will be charged a fixed base charge
reserving availability of service, consistent with the rate charged to residential customers outside
Sanford's corporate limits, with a meter of equivalent size. Additionally, wastewater usage fees
will be charged consistent with the rate charged to residential customers outside the Sanford
corporate limits. Lake Mary agrees to bill the users at Waterside as a pass-through provision, and
remit to Sanford monthly the fixed base charge and the ainount of volume sewer charges, 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 rates and
agrees to make payments to Sanford within thirty (30) days from the date of billing detailing the
actual meter reading at the begiruiing and end of the billing period,the quantity of gallons used in
thousands and the calculated amounts owed. Lake Mary shall be solely responsible to Sanford for
payment of monthly bills.
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Section g. Changes of Rates. In the event Sanford, during the term of this Agreement,
shall propose any new rate schedule or amended rate schedule applicable to wastewater service
furnished, including wastewater impact 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
wastewater service, including wastewater impact fees, commencing with the next billing period
after the effective date.
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 under 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 hereunder to any other party.
Section 11. Default.
(a) Either party to this Agreement, in the event of or act of default by the other, shall
have all remedies available to it pursuant to the laws 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.
(b) 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.
(c) 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(3 0)days from the
date of receipt to cure such defaults, and shall otherwise comply with any State or local law and
interlocal agreement designed to resolve disputes between local govermnents.
Section 12. Notices. Any notice required or permitted to be delivered hereunder shall be
in writing and be deemed to be delivered when either (1) hand delivered to the official hereafter
designated, or (2) upon receipt of such notice when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed to the designated official at the address
set forth opposite the party's name below,or to such other official or address as the party shall have
specified by written notice to the other party delivered in accordance herewith.
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For Lake Mary: City Manager
City of Lake Mary
P.O. Sox 958445
Lake Mary, FL 32795-8445
For Sanford: City Manager
City of Sanford
P.O. Sox 1788
Sanford, FL 32772-1788
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 theerg feralup blic.
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 therein are not materially prejudiced, and if
the intentions of the Parties can continue to be affected. To that end, this Agreement is declared
severable.
Section 15. Time is 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. The 2007
Agreement is terminated. Amendments to and waivers of the provisions herein shall be made by
the Parties in writing by formal amendment.
IN WITNESS WHEREOF, the Parties have executed this Agreement for the purposes
herein expressed on the date and year indicated below.
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ATTEST: CITY OF LAKE ,
arol A. Foster,'Ciiy Clerk It "Da. M Y�. , ealor,Mayor
Date:
Approved as to form and
Legal sufficient
r
City Attorney
ATTEST: CITY OF SANFORD
& a By:
C #k e r, City Clerk _PJH-i Jeff Triplett,May
Date: (-D
Approved as to form and
Le u"cy
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