325-Lake Mary/Sanford Irrigatio CITY OF LAKE MARy, FLORIDA/CITY OF SANFORD, FLORIDA
AMENDMENTTO IRRIGATION LEASE
CONTRACT NO. S-88-2
This Amendment to Irrigation Lease is made and entered into
this 2 7~ day of ,4~ ~s:" , 1996, by and between the City of
Lake Mary, Florida, a municipal corporation, created pursuant to
the laws of the State of Florida (hereinafter called "Lake Mary"),
and the City of Sanford, Florida, a municipal corporation, created
pursuant to the laws of the State of Florida (hereinafter called
"Sanford").
Recitals.
1) Sanford and Lake Mary entered into Irrigation Lease,
Contract No. S-88-2 on July 11, 1988.
2) Under Contract No. S-88-2, Lake Mary agreed to accept
reclaimed water for spray irrigation on certain property
described in that agreement in an initial annual volume
of 750,000 gallons per day (GPD).
3) Under Contract No. S-88-2, Sanford agreed to deliver an
initial average volume of 750,000 GPD at a minimum
operating pressure of 50 pounds per square inch (psi).
4) Since actual initiation of reclaimed water delivery under
Contract No. S-88-2, actual reclaimed water usage under
this agreement has been significantly below the specified
5)
amount..
Lake Mary and Sanford
Contract No. S-88-2,
reclaimed water usage
desire to amend the terms of
to facilitate future actual
up to the amount required by
Contract No. S-88-2. To accomplish this objective, it is
necessary to eliminate the specified minimum operating
pressure and recognize an additional point of connection
to be constructed as a part of the Rinehart Road and 46-A
Road Improvement Projects, both of which are scheduled to
begin in FY'97.
ACCORDINGLY for and in considerations of the recitals, mutual
understandings, and agreements contained herein, and other
consideration the receipt and sufficiency which is acknowledged by
the parties, the parties covenant and agree as follows:
SECTION I. Recitals. The above recitals are true and
correct and form a material part of this agreement.
SECTION II. Definitions. The parties agree that in
construing this agreement, the word, phases, and terms shall have
the same meanings as defined in Contract No. S-88-2 unless
otherwise specified below.
SECTION III. Delivery of Reclaimed Water. Section 3.3 of
Contract No. S-88-2 is hereby.amended to read as follows: "Sanford
has made available reclaimed water for use on the initial disposal
property and connected the Sanford reclaimed water transmission
facilities to the Lake Mary reclaimed water transmission facilities
irrigation system at the point of connection depicted on Exhibit
"B" thereof. An additional point of connection will be created at
the intersection of CR46-A and Rinehart Road. Service' to that
point of connection may be provided by a proposed interlocal
agreement between Lake Mary, Sanford, and Seminole County. No
minimum delivery pressure is required."
SECTION IV. Acceptance of Reclaimed Water by Lake Mary.
Exhibit "C" of Contract No. S-88-2 is hereby amended to Exhibit "C-
1" as attached hereto and by this reference is in corporated
herein. It is further agreed that.Lake Mary may allow any part of
its 750,000 GPD reclaimed water allocation to be utilized by
Seminole County, on properties located outside the Sanford-Lake
Mary Application Area as described in Exhibit "C-i", with the
condition that Lake Mary remains fully responsible for the
effective utilization of the full 750,000 GPD as provided by
Contract No. S-88-2 and this Lease Amendment.
SECTION V. Infrastructure Improvement Requirements. Lake
Mary and Sanford recognize and agree that this Amendment to
Irrigation Lease Contract No. S-88-2 is dependent upon
infrastructure improvements which will be completed in conjunction
with the Rinehart Road and 46-A R6ad Improvement Projects, and the'
execution of a tri-party agreement for'costs associated with said
infrastructure improvements between Lake Mary, Sanford and Seminole
County. Should said tri-party agreement fail to be executed by any
one of the three parties, or the actual road construction
project(s) not begin prior to October 1, 1997, then this Amendment
(City of Lake Mary, Florida/City of Sanford, Florida)
Amendment to Irrigation Lease, Contract No. S-88-2
Dated August 8, 1996 - Page 2
is null and void and the City o2 Lake Mary is obligated under the
terms and conditions of Sanford and Lake Mary Irrigation Lease
Contract No. S-88-2, dated July 11, 1988.
IN WITNESSWHEREOF, the parties have set their hands and seals
the date and year fi'rst above written.
Title: Mayor
Date: August 20, 1996
ATTEST:
STATE OF FLORIDA )
COUNTY~F SEMINOLE )
BEFORE ME, the undersigned authority, duly authorized to take
ackn w edgement~ and administer oaths, personally appea~ed
fir °~p:~eo
d h attached instrument for the
purposes therein expressed.
WITNESS my hand and official seal this~q)dC~day
- . -
My Commission Expipe~~YP~ OFFICmAL NOTA.Y
~ SUSAN B THORNE
CC410170
STATE OF FLORIDA ') ~ ~ ~ COMMISSION NUMeE.
MY COMMISSION EXP.
COUNTY OF SEMINOLE ) o~ ~ .~T~ ..,,,~.5~.1998
BEFORE ME, the undersigned authority, duly authorized to take
acknowledgements and administer oaths, personally appeared
Be~y~ iD. 5~;+ ~ , as' ~l~Voc of the City
of Sanford, Florida, who, being first duly sworn upon oath,
executed the foregoing instrument in my presence and swore and
acknowledged that s~ signed the attached instrument for the
purposes therein expressed.
WITNESS my hand and official seal this ~g+h day of
NOTARY PUBLIC .
My Commission Expire~e~a~
Attachment :
DIANE CREWS
My Commission CC274616
Expires Apr 06, 1997
Bonded By ANB
800-852-5878
(Agreements #1)a:\agreenmt\C#S-88.2
8/8/96
(City of Lake Mary, Florida/City of Sanford, Florida)
Amendment to Irrigation Lease, Contract No. S-88-2
Dated August 8, 1996 - Page 3
'\~-.EXHIBIT
"C-I"
{
/
/
CITY OF LAKE MARY, FLORIDA
E~hibit "C-l"
Potent|al D|lpo,mJ Propert|**
CIty of Lml~e Wmry/Clty of Sinford Reelmimed Wmzer Agreement
CITY OF LAKE MARY, FLORIDA/CITY OF SANFORD, FLORIDA
IRRIGATION LEASE
CONTRACT NO. 'S-88-2
CITY OF LAKE MARY, FLORIDA/CITY OF SANFORD, FLORIDA
IRRIGATION LEASE
CONTRACT N0. S-88-2
THIS AGREEMENT is made and entered into this//-~ day of
J~/ , 1988, by and between the City of Lake Mary, Florida, a
municipal corporation created pursuant to the laws of the State
of Florida (hereafter "Lake Mary"), and the City of Sanford,
Florida, a municiDa! corporation created pursuant to the laws of
the State of Florida (hereafter "Sanford").
RECITALS
1. Lake Mary entered into an agreement with Timacuan Ven-
ture on January 4, 1988 (hereafter "Contract No. S-88 i").
2. Pursuant to subsection 3.8 of Contract No. S-88-!,
Timacuan Venture agreed to design, construct, and operate spray
irrigation facilities in conjunction with and as a part of its
golf course, common areas, green areas, and boulevard areas. ~
3. As a part of Contract No. S-88-1, Timacuan Venture
agreed to grant an easement for wastewater disposal to Lake Mary
for the disposal of treated wastewater, subject to certain terms
and conditions contained in Contract S-88-! and to a proposed
wastewater disposal easement and wastewater disposal agreement
attached as Exhibit Cto Contract No. S-88-1.
4. Lake Mary anticipates, then, that it will have an ease-
ment on land located in Seminole County, Florida, more particu-
larly described in Exhibit A attached to and incorporated in this
Agreement, which property shall heroinafter be referred to as the
"initial Disposal Property".
5. Sanford owns and operates a wastewater treatment plant
known as the City of Sanford Wastewater Treatment Plant (here
after "Plant").
6. Sanford intends to upgrade the Plant to produce Reclaimed
Water suitable for irrigation of public access areas such as golf
courses, parks, school grounds, common areas, road and u~i!ity
rights-of-way, and cemeteries.
7. Sanford desires to lease the initial Disposal Property
in order to lawfully dispose of properly treated Reclaimed Water
in order to make wastewater Service Capacity available to
existing customers of rBanford's sewerage system.
8. Lake Mary is willing.to permit. Sanford to dispose' of
said properly treated Reclaimed Water on the initial DispoSal
Property subject to the terms and conditions of this Agreement.
The parties now desire %o 'enter into a lease, as more fully
described below, regarding the leasing of certain rights to irri-
gate the Initial Disposa!~ Property in accordance with all appli-
cable governmental regulations and in accordance with the terms
and conditions of this Agreement.
ACCORDINGLY, for and in consideration of the Recitals, mutual
understandings, and agreements contained herein, and other con-
sideration the receipt and sufficiency of which is acknowledged
by the parties, the parties covenant and agree as follows:
SECTION 1. RECITALS. The above Recitals are true and cor-
rect, and form a material part of this Agreement.
SECTION 2. DEFINITIONS. The parties agree that-in constru-
ing this Agreement, the following words, phrases, and terms shall
have the following meanings unless the context requires other-
wise:
2.1. "Agreement" means this City of Lake Mary, Florida/
City of Sanford, Florida Irrigation Lease, as it may from time to
time be modified.
"FDER" means the Florida Department of Environmen-
2.2.
tal Regulation.
2.3.
"Effluent Disposal Capacity" means the rate of
treated effluent flow, measured in GPD or MGD, which Effluent
Disposal Facilities are capable of disposing, in accordance with
all applicable government requirements.
2..4. "Effluent Disposal Facilities" means those facili-
ties necessary for the stcrage, transmission, and disposal of
wastewater previously treated i~ accordance with applicable
local, state, and federal standards and limitations at the Plant.
These Facilities also include, but are not limited to, any
Reclaimed WaterTransmission facilities and storage facilities.
2.5. "GPD" means gallons per day on an annual average
basis.
2~6. "IrrigatiOn Systems" means those lines, pipes,
sprinkler heads, and appurtenant equipment, that are located on
t~e Initial Disposal Property and used to spray irrigate'Reclaimed
Water received from the Plant that has been treated in accordance
with all applicable governmental regulations and in accordance
with the terms and provisions of this Agreement.
2.7.
"Lake Mary Reclaimed Water Transmissior, Facilities"
2
means those facilities used to transmit Reclaimed Water from the
pOint Of connection to the Initial Disposal Property as depicted
on Exhibit B attached to and incorporated in this Agreement.
"MGD" means million gallons per day on an average
2.8.
annual basis.
2.9.
"Reclaimed Water" means that treated wastewater
transmitted by Sanford to the irrigation system from the Plant
that has been treated in accordance with all applicable govern-
mental requirements and in accordance with the terms and con-
ditions of this Agreement.
2.10. "Sanford Reclaimed Water Transmission Facilities"
means those facilities to be constructed and operated by Sanford
necessary to transmit Reclaimed Water UP to the point ofconnec-
tion depicted on Exhibit B hereof.
2.11. '.'Storage Facilities" means those. facilities are
to be designed, permitted, constructed and operated by Sanford
necessary to store and hold Reclaimed Water in a manner that com-
plies with governmental re_c/uirements to achieve wet weather
storage capacity.
2.12. "'Wastewater Facilities" means the Plant and all
other Storage, and Reclaimed Water Transmission Facilities, in-
cluding all interceptors, lines, pipes, meters, couplings, pumps,
force mains, and appurtenant equipment necessary to treat and
transmit the Reclaimed Water to the Irrigation System in accor-
dance wfth all applicable governmental laws, requirements, and
the terms and conditions of this Agreement.
SECTION 3. LEASE OF PROPERTY FOR IRRIGATION PURPOSES;
DELIVERY AND ACCEPT.!NCE OF RECLAIMED WATER. Lake Mary hereby
leases to Sanford the rightto transmit, deliver, and dispose cf
Reclaimed Water through the irrigation System on the initial
Disposal Property in accordance with and subject to the following
conditions:
3.1. Desion and installation of Certain FaCilities.
Sanford agrees to design, permit, install, and operate, at its
3
sole cost, (1) improvements and additions to its existing Plant,
(2) the Sanford Reclaimed Water Transmission Facilities, and (3)
any Storage Facilities required by governmental authorities as a
part of any permitting of Effluent Disposal Facilities (including
the Irrigation System) in order to create any and all Effluent
Disposal Capacity on the Initial Disposal Property. Lake Mary
agrees to design, permit, install, and operate~ at its sole
expense, the Lake Mary Reclaimed'Water Transmission Facilities.
3.2. Permits and Approvals for the Irrigation System.
Lake Mary shall be responsible, in cooperation with Sanford and
Timacuan Venture, for obtaining and maintaining necessary govern-
mental permits and approvals in order to install and operate the
Irrigation System; provided, however, that Sanford shall be re-
sponsible for obtaining and maintaining all permits and approvals
for Storage Facilities as described in Subsection 3.1 hereof.
For'all Wastewater Facilities located on its side of the point
of connection depicted on Exhibit "B", Sanford shall be solely
responsible for obtaining, compiling, providing, and complying
with all monitoring, sampling, testing, and reporting require-
merits for the Reclaimed Water which may be imposed by government
law, rule, permit or approval. For all Wastewater Facilities
located on its side of the point of connection depicted on Exhi-
bit "B"., Lake Mary shall be solely responsible for obtaining,
compiling, providing, and complying with all monitoring,
sampling, testing, and reporting requirements for the Reclaimed
Water which may be imposed by government law, rule, permit or
approval.
3.3. Delivery of Reclaimed Water. Sanford agrees to
make available Reclaimed Water for use on the Initial Disposal
Property and to connect the Sanford Reclaimed Water Transmission
Facilities to the Lake Mary Reclaimed Water Transmission Facili-
ties Irrigation System at the point of connection depicted on
Exhibit "B" hereof. Sanford agrees tO make available the Re~
claimed Water at a minimum operating.pressure of 50 pounds per
square inch ("PSI").
3.4.' Delivery of Additional Reclaimed'Water. Both Lake
Mary and Sanford recognize that water demand will vary depending
on a number of operational factors, primarily including climactic
conditions and Sanford is required by applicable governmental
regulation to store Reclaimed Water during low irrigation demand
periods. Therefore, Sanford agrees to make its best efforts to
supply additional Reclaimed Water to Lake Mary above the average
daily volume set forth in this Agreement when there exists an
above average irrigation demand by Lake Mary, which additional
Reclaimed Water shall be supplied on a pro rata basis with other
users of Sanford's Reclaimed Water.
3.5. Qu~!ity of Reclaimed Water. Sanford shall make
available to Lake Mary Reclaimed Water of a quality consistent
with the requirements of "public access" treatment levels as'set
forth in Fla. Admin. Code Chapter 17-6, or of a quality consis-
tent with any more stringent requirements that may be imposed by
any governmental agency having jurisdiction and legal authority
thereof; provided, however, that Sanford shall not be required to
comply with any effluent limitations adopted by Lake Mary that
exceed federal, state, and county requirements. 'All Reclaimed
Water ~ade available by Sanford under this Agreement shall, at a
minimum, have been treated byadvanced treatment methods to re-
move harmful levels of bacteria, viruses, and other constituents
or pollutants which could constitute a danger to human health,
and in accordance with all applicable federal, state, and local
laws, rules, regulations, policies, ordinances, resolutions,
orders, and permits. As specified in Subsection 3.2 hereof, San-
ford shall provide continuous monitoring of chlorine and turbidity,
as well as other required ground ~nd surface water quality sam-
pling and monitoring of Reclaimed Water as set forth in appli-
cable local, state, and federal regulations .from time to time.
Sanford agrees todivert away as expeditiously as possible from
the Irrigation System any Reclaimed Water which does not comply
with the terms and conditions of this Agreement, or which does
not meet applicable state, federal, or local standards or re-
5
quirements. As contractual consideration for Lake Mary's grant
of this lease, Sanford agrees to pay any costs, fees, penalties,
or fines that are imposed by governmental agencies, or courts of
competent jurisdiction, upon Lake Mary by reason of Sanford's
failure to provide Reclaimed Water treated in accordance with
applicable governmental laws, rules, regulations, or req/uire-
ments.
3.6. Acceptance of Reclaimed Water bv Lake Mary. Upon
receipt of all necessary governmental permits and approvals, Lake
Mary's receipt. of the executed wastewater disposal easement from
Timacuan Venture as contemplated by Contract No. S-88-1, and
completion of construction of all Wastewater Facilities, and' con-
tinuing for so long as Sanford complies with the re_c/uirements set
forth in this Agreement, Lake Mary shall accept Reclaimed Water
for spray irrigation on the Owner's Property in an initial annual
average volume of 750,000 GPD. Lake Mary shall accept an annua~
average volume in excess of this volume (that is, in excess of
750 000 GPD) (i/if and when said excess volume is fully oer-
mitted and approved by all applicable gover~mental agencies, and
(2) only tothe extent Timacuan Venture's right of first refusal
for up to 250,000 GPD decreases or expires in accordance with
Contract No. S-88-~. Lake Mary shall send Sanford written notice
when it (Lake Mary) is ready to accept any such excess volume,
specifying said volume. 'Not.withstanding anything to the
contrary, Lake Mary shall be obligated to. accept Reclaimed Water
in the volume set forth hereinabove only so long as the accep-
tance of said Reclaimed Water does not result in any ponding of
water, flooding, discharge into any surface waters, result in
damages to turf or grasses, and only so long as the Reclaimed
Water complies with all other terms and-conditions of this Agree-
ment. Should Lake Mary be unable to ultimately dispose of
750,000 GPD under this Agreement, Lake Mary will consider
granting a credit based upon the deficiency in volume against the
payment of future prosrietary fees for disposal of Reclaimed
Water on lands other than the Initial Disposal Property in future
lease agreements.
SECTION 4. TERM OF LEASE. This Lease Agreement shall be in
effect for a period of twenty-five (25) years commencing on the
date that the FDER receives a certification of completion from
the engineer of record that the construction of Effluent Disposal
Facilities to be used for the disposal of Reclaimed Water on the
Initial Disposal Property has been completed. The term of this
Lease shall be automatically extended for successive periods of
ten (10) years each, upon the same terms and conditions as herein
provided, unless either party hereto notifies the other by cer-
tified mail three (3) years prior to the expiration of the ini-
tial term of this.lease or any renewal thereof, that this Agree-
ment shall not be so extended. Provided, however, that if after
Lake Mary should so terminate this Agreement, Lake Mary should
decide to offer the use of the Initial Disposal Property for the
disposal of Reclaimed Water, then Sanford shall have a right of
first purchase refusal to repurchase the right to deliver and
dispose of Reclaimed Water on the Initial Disposal Property.
Within sixty (60) days after receipt of written notice from Lake
Mary to Sanford indicating Lake Mary's intent to offer the use of
the Initial DisposalProperty for disposal of Reclaimed Water,
Sanford must Send writlten notice to Lake Mary that it wishes to
exercise its right of first purchase refusal and enter a lease
with Lake Mary on the basis of'the terms and-conditions con-
tained in said written notice. If not timely and properly exer-
cised, this right of first refusal shall automatically terminate
at the end of said sixty (60) day period.
SECTION 5. PAYMENT OF PROPRIETARY FEE TO LAKE MARY. In re-
turn for and in consideration of Lake Mary's grant of lease here-
under, Sanford agrees to pay Lake Mary a one-time proprietary fee
of $2.96 per gallon of Reclaimed Water which Lake Mary is obli-
gated to accept pursuant to Subsection 3.6 hereof. The proprietary
fee to be paid for the initial 750,000 GPD is TWO MILLION TWO HUN-
DRED TWENTY THOUSAND DOLLARS ($2,220,000.00), half of which shall
be paid by Sanford to Lake Mary no later than sixty (60) days
after the date of execution of this Agreement, with the remainder
to be paid by Sanford to Lake Mary within five (5) business days
afterLake Mary sends written notice to Sanford that it is ready
to accept Reclaimed Water on the Initial Disposal Property.
Sanford shall pay to Lake Mary additional proprietary fees at the
rate of $2.96 per gallon for any volume of Reclaimed Water in
excess of said 750,000 GPD for which Lake Mary notifies Sanford
that it (Lake Mary) is ready to accept on theInitial Disposal
Property within sixty (60) days after Lake Mary sends said writ-
ten notice; provided, however, that Lake Mary shall not be obli-
gated to accept said Reclaimed Water until Lake Mary receives
said payment.
SECTION 6. INSPECTION. Sanford and Lake Mary shall each
have the right to enter the other's property, at any reasonable
time, in order to inspect any Wastewater Facilities, and other
e~uipment and materials used in connection with the treatment,
storage, transmission, delivery and disposal of the Reclaimed
water as may be necessary or desirable for the operation, safety,
protection or preservation thereof; to effect compliance with any
law, order or regulation of any governmental authority having,
jurlsdiction; to make or supervise repairs or'alterations to the
system.
SECTION 7. HOLD HARMLESS. Consistent with state law, San-
ford and Lake Mary agree to hold the other harmless from the
negligent acts or omissions of itself, its officers, employees,
or agents.
SECTION 8. ASSIGNMENTS. This Agreement can be assigned by
Sanford only with the prior written approval of Lake Mary, but
such approval shall not be unreasonably withheld, provided the
assignee shall assume this Agreement and shall demonstrate to
Lake Mary its financial ability to comply with the provisions
hereof. Lake Mary may transfer all or any part of its easement
without approval of Sanford, it being understood, however, that
this Agreement will run with the Initial Disposal Property and
the purchaser or transferee will acknowledge and accept the pro-
visions hereof, and such acknowledgment and acceptance shall be a
part of the transfer agreement.
SECTION 9. NOTICES; PROPER FORM. Any notice required or
allowed to be delivered hereunder shall be in writing and be
deemed to be delivered when (1) hand delivered to the official
hereinafter designated or (2) upon receipt of such notice when
deposited in United States mail,'postage prepaid, certified mail,
return receipt requested, addressed to a party at the address set
forth opposite the party's name below, or at such other address
as the party shall have specified by written notice to the other
party delivered in accordance herewith:
Lake Mary: City Manager
City of Lake Mary
158 North Country Club
Lake Mary, Florida 32746
Sanford: City Manager
City of Sanford
300 North Park Avenue
Sanford, Florida. 32771
SECTION 10. NOTICES; DEFAULT. Each of the parties hereto
shall give the other party written notice of any defaults here-
under and shall allow the defaulting party thirty (30) days from
the date of receipt to cure such defaults.
SECTION tl. DEFAULT BY LAKE MARY OR SANFORD. If any party
hereto fails to perform or comply with any of the conditions of
this Lease, and if the nonperformance shall continue for a period
of thirty (30) days after written notice thereof to the non-
performing party, or, if the performance cannot be reasonably
completed within the thirty (30) day period, the non-performing
party does not in good faith commence performance within the
thirty (30) day period and does not diligently proceed ~o com-
plete performance, the non-performing party shall'be in default
or breach of this Agreement.
SECTION 12. EFFECT OF DEFAULT. If either party hereto shall
make any default hereunder as set forth in Section 11 hereof,
then the other party shall have the following remedies, in its
sole discretion, to: (1) Bring suit for the breach which has
occurred without affecting the obligations of the parties to per-
form the balance of the Agreement, and/or (2) terminate this
Lease by giving the defaulting party written notice of termina-
tion which shall not excuse breaches of this Agreement that have
already occurred. Any termination under this Section 12 shall
take effect immediately upon receipt of said written notice or as
may be otherwise specified in said notice. Notwithstanding any-
thing to the contrary contained herein, if this Agreement ter-
minates under the terms of Section 4 hereof and Sanford fails or
refuses to disconnect the Sanford Reclaimed Water Transmission
Facilities or otherwise cease delivery of Reclaimed Water, then
Lake Mary shall be entitled to ONE THOUSAND DOLLARS ($1,000.00)
for each day said connection or delivery continues beyond the
date of termination as liquidated damages. The parties hereby
agree and acknowledge that establishing actual damages to Lake
Mary in such event will be difficult, and that the liquidated
damages amount provided herein is reasonable.
'SECTION 13. 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 14. TIME OF THE ESSENCE. Time is hereby declared of
the essence to the lawful performances of the duties and obliga-
tions contained in this Agreement.
SECTION 15. SEVERABILITY. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity or
unenforceabi!ity shall not affect the other parts of the Agree-
ment 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 effected. To that end, this
Agreement is declared severable.
SECTION 16. APPLICABLE LAW. The validity and interpretation
of the performance and enforcement of this Agreement shall be
10
governed by the laws of the State of Florida, including specifi-
cally and without limitation Chapter 164, Florida Statutes, and
Section 403.135, Florida Statutes.
SECTION !7. ENTIRE AGREEMENT. This Agreement contains the
entire agreement between the parties hereto with respect to~ this
transaction and supersedes all prior negotiations and all prior
written or cra! understandings.
SECTION lS. AMENDMENTS. Th~s Agreement may only be amended,
supplemented, or discharged by an instrument in writing signed by
all the parties hereto.
SECTION !9. R~GHT OF FIRST REFUSAL FOR SPRAY IRRIGATION.
The parties agree and acknowledge that this Agreement is intended
to provide only for spray irrigation of Reclaimed Water on the
Initial Disposal Property ~ is the intent of the parties, how-
· ~
ever, to use their best efforts to permit later spray irrigation
of Reclaimed Water delivered from Sanford to Lake Mary up to an
estimated four (4) MGD. Lake Mary hereby grants to Sanford a
right of first purchase refusal to purchase the right to deliver
and dispose of additional volumes of Reclaimed Water via spray
irrigation cn certain lands described in Exhibit "C" attached to
and incorporated in this Agreement for up to a total estimated
aggregate volume of approximately four (4) MGD. Within sixty
(60) days after receipt of written notice from Lake Mary to San-
ford indicating the availability of additional spray irrigation
site(s), Sanford must send written notice to Lake Mary that it
wishes to exercise its right of first purchase refusal and accept
the written offer of Lake Mary and the terms and conditions con-
tained in said written offer. Notwithstanding anything to the
contrary contained heroin, said terms and conditions will roSa!re
any money payments to be made no sooner than thirty (30) days
after expiration of said sixty (60) day period. This right of
first refusal shall arise and commence on the date of execution
of this Agreement, and shall terminate twenty-five (25) years
from the da~e of said execution.
!i
SECTION 20. PRIOR APPROVALS. The parties recognize that a
variety of permits and approvals will be required from various
federal, state, and local governmental authorities having juris-
diction and regulatory power over the construction, maintenance,
and operation of the wastewater facilities prior to the accep-
tance and delivery of reclaimed water for disposal on the initial
disposal property. It is understood and agreed by the parties
that this Agreement shall be null and void and of no further
force and effect if any such requisite permit or approval cannot
be obtained within a reasonable ti~e period and for the applica-
tion of best efforts to obtain same.
IN WITNESS WHEREOF, the parties have set their hands and
seals the date and year first above written.
Attest:
Clerk m Commission
CITY OF LAKE MARY, FLORIDA
Mayor
Attest:
CITY OF SANFORD, FLORIDA
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
BEFORE ME, the undersigned authority, duly authorized to take
knowled me ts and administer oaths, personally appeared
Mary, Florida, who, being first du~ys~rn upon oath, executed
the foregoing instrument in my presence and swore and acknowl-
edged that ~ signed the foregoing instrument for the purposes
therein exprhksed.
WITNESS my hand and official seal this 2~d day of [-'E~,n~.,
1988.
AT LARGE
My Commission Expires
NOTARY PUBLIC, STATE OF FLORIDA
MY COMMISSION EXPIRES JAN. 27,
i~ONDED THRU NOTARY PUB~IC~ UNDERWRITE~
12
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
BEFORE ME, the undersigned authority, duly authorized to take
acknowledgments and administer oaths, personally appeared
Bettye D. Smith , as Mayor of City of
Sanford, Florida, who, being first duly sworn upon oath, executed
the foregoing instrument in my presence and swore and acknowl-
edged that she signed the foregoing instrument for the purposes
therein expressed.
WITNESS my hand and official
1988.'
seal this 23rd day of May ,
~~YPUBLIC STATE OF FLORIDA
AT LARGE
My Commission Expires:
IwrArr le~,L~ STATE OF FI. ORI'DA
RY COlelZSS~.OII ExP. lOT. 1,1988
i Tlt~t ~JF2rAL ~!S. biD.
FOR THE USE AND RELIANCE OF
THE CITY OF LAKE MARY, FLORIDA ONLY
APPROVED AS TO FORM AND LEGALITY
~ , 1988
77/21:122/4R
INITIAL
DISPOSAL PROPERTY
EXHIB1T
Wange )~ last delctibed il lolloval
Ceda~e~cl It tbt Worth quarter corner of
Point allo begin the SoutheaSt Cornet of
G~wtln&ont T.4t } e~ II~ Section 4~ thence tu~
~rtb ~0*~3'&6* welt, alo~ the tilt line
lal~ ~t 3, I dSILi~Cl Of 1,1~1.01
thence te $out~ I1'49'21* Welt, a)3(.l$ ~eet
to s Point o, the West ll~e of .id 9ovet~e,t
the Southwest cot~et of said Lot 3; the.or
I~tb ~O*~l')le Welt, s~o.g said west ~t
line, ~1]~.15 feet] the.or ru. l~uth
UesL, 1294.X~ feet to the teat ~ight-of-vay
li~e of Winehart ~o&dl thence tun Worth
~SD~.I$ feet to t~e louth ~t.t It t~e
thence tun Iort~ 19023'4D' Slits alert; laid
the Wester~r ~14l. OD feet of il~ Ject~n
thence fur Iotth DD*DI*44' ~est, &~oh~
~ss% ~Jhe Sl~,Oe feet, tO the Southerly
light-of-way ~l~e of ~so3s ~osd {iX
44~.1~ feet3 thence tun fifth 71'S2'2l' test,
~orth line of said $ect]o~ 5, , distance*of
35C.11 feet to the }aft 1iRe of the i=rtbwest
quarter/ tbe~e ru~ Worth 11*33'13' last,
Yar,33tZ with the MIrth line ~f the Northeast
quarte~ of said $eCt]o~ S, a distance of
1339,~3 feet; thence tun South OOe2$'Ol'
parallel with said lilt section 2~he, 462.0D
feetX thence run North 19'33'13e last,
feet; thence tea South OD'I$'02' Salt, elifig
the West l~ne of the Z&st 6¢D.2C ~ett o~
$e~tJon S, I disSince of l~Ol.l& feet: thence
Zast quitten ~rner of sai~ Sectlo~ 5~ thence
run south 19016'1~* taste along ROtt~ line
the $outh~st q~artet of the elitesale
4, I distance O~ 6i=.13 feet, to the West line
Of the gilt/rIO.DO feet Of Said Southwest
quatte/l the~e tu~ SoUth 00035'35' Zast,
alertV said Welt line, aD0.el feet to the South
line of the Berth SOD.COrset of &aid
SOuthweSt quartet~ thence run ~outh 1902~*1(e
tale, alon~ laid South Ilhe of the lorth
40O.Oe feet, ItSLie feet to t~e 1est
lllht-of-Vay ll~e ot gabtoni Ioad~ the~ run
South OO'35'N5e gait, a~o~9 said
li~e, lll).Tl feet/thence ru~ Sout~ 19'D9'14*
kit, 1393.71 feet; thence run 5outb
IsiS, 134.11 ~eetl thence tu~ South
gait, 9~1.35 feet to the 2muSh line of the
&fotesaig 5~t~o~ tl the~e tun
19e32'4~* kite along lair South line, 241.70
feet~ thence rMR Iortb S5e21'49" k St,
f~tl t~net run South )t'33'1~e ~mt, 400.00
~Ntl tkhCl eVA mONth $5'26'410 lest,
Tees ~ the afortmeetloMd South lint3 thence
tu~ wertb 1~'32'4G' ~st, 131.S) feet t~the
Page 1
Exhibit 'A'
(Continued)
Southwest coe~t/Dr said Section 4# thence
the sfoee=entloned leerIon S, s diets,ca of
' 4aS.l: feet to the lotinvest cornet of the
lest kill e[ ((we loftbeast quartet or the
losthesse qvietse ~f gectJon I, ?ovnship
OO*lleS?' last, lionl the lilt 3ins of slid
Vest half of the Northeast quarter of the
Northeast quartet. l)2~.lO heel thence ru~
latin l~*Sl'lS' Vest, slo.g the South
said Vest half of the Northeast qulttel of
loTthe·st q. srter, SiS.el feet of the lalL
line of the west isle of said lofthe/st
qusrter/ thence fun South eOeX~049* last,
along said last line, 1325.52 feet to the
logtheiSt corner of l·ld Vest half of the
Northe·st quart·el thence fun Iorth
list, S~onq the loath ~ine of Paid Noet~tss
qu·rt·r, 1331.49 feet to the Warehouse corn~
of the Southeast quirteel thence run South
OO'll*O5' last, along the test line of said
Section I, s distance of {&I.O3 feet to the
louthesse cornet of the lo:th quitter ofth
Southeast quarters thence run South
Vest, a~ong the South )She of slid worth
quarter, ~gg~.15 feet to the last line of t~
Southwest quartera thence run north
Section and O
Yhe slimy, described tract of land lies In Sesinole
Y~otids, and contains Glt.420 wefts, Bore or
A Tract of land lying !n Sections I s. nd t, of ?evnsh.
tanSt }O Bast de·cribed as follows:
CoMenee. at the Northwest corner of the
Southwest quitter of IsJd Section 4, ~or ·
Yo~nt of ltfere~ce3 thence run South Ite}g'~
last. ·long the North ~lne of sale Suuthves~
qua:tees S&0.9) leetl thence run South
~D*35'35* last, lO0.0l feet~ thence ru~ Souq
ll~ht-o~o~sy line of Rantoul laid: thence r~
louth D9035'3S* test, a}ong said tight-of-W,
~int, lll3.?l feet to the Point of Seginnim
thence continue SNth O0'iS*iSelast
feet/ thence run latin 1t*32'460 lest.
parallel with the lorth 2l~e of ssl~ Geetile
9. s d/stiles of 19l.Oe feet: thence tu~
0~'3S'35' Mast, l~t.0O feett thence fur
3~e~3'S5e lilt, 3?5.32 feet/ thence ru~ Wor~
00*35'3S' lel~, ~92.00 feetl thenet run
19*09'~40 lilt, 330.00 feet to the Poi~t of
t~ a~ve descried tract of la~d ~les In leaS.ale
riofAds, and contains ~4.403 sores ~r, o~ lest.
These lands shall be more specifically described and defined
by the Developer and the City of Lake Mary in the FDER
Construction Permit Applications to be filed for effluent
disposal on any of the lands above-described.
Page 2
EXHIBIT "B
PAOLA RD - 4IA
COUNTRY CLUB ROAD
/-CITY BOUNDARY
MAYFAII~ COUNTRY
CLUI
0
,J
uJ
z
0
~P
CITY OF
SANFORD
POINT OF CONNECTION~
BERKSHIRE DR.
L_
0
m
_1
:z
0
IDGE RD ~
c---I
CITY OF
LAKE MARY
CIty of Lake Mary
EXHIBIT I
POINT OF CONNECTION
CIty of Lake Mary/CIty of leelard RNlllmed Water Aereement
CDM
EXHIBIT "C
J
CITY OF LAKE MARY, FLORIDA
_
Exhibit
PotsntlsI Disposal Properties
CDM
CIty of LaKe MarylCIty of Sanford Reelaimed Water Agreement