835-Agrmt for Wastewater TreatmAGREEMENT FOR PURCHASE OF
WASTEWATER TREATMENT SERVICE
THIS AGREEMENT, made and entered imo thisc; 4'~day of ~/(~,2000,.by
and between THE CITY OF SANFORD, a municipal corporation of the State of Florida,
hereinafter referred to as "City" and UTILITIES INC. OF FLORID& hereinafter referred to as
"Utility".
WITNESSETH:
WHEREAS, Utility is a valid holder of a Florida Public Service Commission CPSC")
certificate of authorization C'Certi~cate") to provide wastewater utility services within the
tinincorporated area of Seminole County C'County") in accordance with Exhibit "A" attached
hereto C'Certificated Territory"), and;
WHEREAS, Pursuant to § 180.02, F.S., City is a provider ofwastewater utility service to
various customers outside the City Limits, and within the unincorporated jurisdiction of the
County, and;
WHEREAS, Utility desires to purchase wastewater service from City and City desires to
provide such service to Utility;
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is agreed as follows:
1. Sale of Wastewater Service. City shall sell wastewater service to Utility, and
Utility shall purchase and pay for said service, in accordance with the terms of this Agreement.
City shall continuously ensure an adequate transmission of wastewater from the metered outlet of
the Utility pursuant to this Agreement subject to natural disasters, unexpected line breaks or
stoppages, and all other causes not the fault of the City, and shall continuously ensure future
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June 14, 2000 1
service based upon Utility's estimated future demand over a five-year planning period, which will
be updated from time to time. The initial estimated demand for wastewater service is outlined in
Exhibit "B" attached hereto. The estimates in Exhibit "B" are strictly for planning purposes, and
Utility shall not be penalized for differences between estimates and actual demand.
2. Connection Point.
A. Utility shall connect its system to the City wastewater system at a City manhole
located at the intersection of Bevier Road and jewett Lane, as shown on Exhibit "C" attached
hereto. Additional connection points may be provided when mutually agreed. Utility shall pay the
cost of construction of a lift station near said point or points of connection to pump Utility' s
wastewater to the Connection Point. Utility shall own, operate and maintain said lift station, and
do so in accordance with all regulations.
B. Utility shall construct a flow metering system to register the wastewater
flows to the City. Said metering system shall be selected, designed and constructed pursuant to
City's reasonable specifications and requirements. The Connection Point shall be clearly shown on
the engineering design drawings. for the metering system.
C. Any new metering systems replacing this original metering system shall be
at the Utility' s expense, and must be mutually consented to in advance of construction. Said
consent shall not be unreasonably withheld.
3. Metering. Charges and Payment.
A. At least annually, the Utility shall retain the services of a meter calibration
company qualified or certified by the meter manufacturer, to calibrate and if necessary correct the
wastewater meter. Meter accuracy errors in excess of the manufacturer' s specifications shall be
adjusted for a period of no more than three (3) months of billing. Credits due to errors shall be
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June 14, 2000 2
applied to the following month's bill. The City may also choose to retain a qualified meter
calibration company to check the meter's accuracy at any time, and shall be given access to the
meter for said purpose. IfUtility's calibration company certifies, in writing, meter error in excess
of the manufacturer's specifications, the City shall either: 1) Accept the calibration and error for
adjustment of the bill, or, 2) arrange for its own calibration and bill adjustment pursuant to this
Agreement within thirty (30) days of Utility's certification of meter error.
B. Utility shall pay City monthly for wastewater senrice provided pursuant to this
Agreement based on readings obtained from the metering system. Utility shall pay all wastewater
bills rendered by City within twenty-one (21 ) days after receipt of same.
C. The City' s wastewater facilities impact fee ("Impact Fee") with respect to
Utility and its existing and prepaid customers shall be $ st ~D.r for a total of 241 Equivalent
Residential Connections CERC'). This is based on the current lawful connection fee established
by the City. A list of the customers served is shown on Exhibit D. Each new customer connecting
to Utility's system after the execution of this Agreement shall be required to pay the current City
wastewater impact fee to City, unless a reserve capacity/connection fee has already been paid to
Utility or a contract to pay the reserve capacity/connectiOn fee to Utility already existed.. A
summary of prepaid connections is presented on Exhibit D, and is part of the total fee stated above.
D. City shall give Utility not less than ninety (90) days advance written notice of
all increases in monthly charges.
E. The Utility's existing sewage collection system shall be reasonably free of
defects that would allow excessive infiltration or inflow to be pumped to the City' s system. The
City has inspected the Utility's system and finds it reasonably free of defects at the date of
execution of this Agreement, however, the City shall have the right to inspect the utility' s
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June 14, 2000 3
collection system in the future to ensure continued compliance with this Agreement. The utility
agrees to correct any problem found in their system at their expense. The utility shall abide by all
City regulations, especially those conceming wastewater quality and pollutants being discharged
to the City.
4. Property of Utility. All mains, lines and equipment installed on Utility's side of the
metering point .shall be the property of Utility whether installed by Utility or acquired by purchase~
gift or contribution.
5. Termination. This Agreement shall remain in force and effect for an initial period
of ten (10) years, automatically renewable for subsequent ten (10) year periods unless either party
provides notice of termination or modification within two (2) years of the termination date of the
current ten (10) year period or subsequent ten (10) year periods.
6. Attomey's Fees and Costs. In any litigation arising out of this Agreement, the
prevailing party (City or Utility) in such litigation shall be entitled to recover reasonable attomey's
fees and costs.
7.
Assignment. Any clauses herein referring to "Utility" shall be presumed to apply
also to any successors or assigns of Utility. This agreement shall be freely assignable by Utility to
any other utility that receives Utility's Certificate by lawful PSC transfer.
8. Agreement Is Entire This Agreement supersedes all previous agreements or
representations, either oral or written, in effect or implied, heretofore in effect between City and
Utility, made with respect to the matters herein contained, and when duly executed, constitutes the
entire Agreement between City and Utility. No additions, alterations or variations of the terms of
this Agreement shall be valid nor shall provisions of this Agreement be waived by either party
unless such additions, alterations, variations, or waivers are expressed in writing and duly signed
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June 14, 2000 4
by both parties.
9. Contingencies. Notwithstanding any provision in this Agreement to the contrary,
all obligations of Utility under this Agreement shall be contingent upon: (a) approval of this
Agreement by the PSC; (b) the acquisition by Utility of all easements necessary for the extension
of its wastewater system to the City, as aforesaid; (c) the issuance to Utility by the City, the PSC,
Seminole COunty, the State of Florida, or the applicable governmental entity, commission, board,
agency or official, of all necessary approvals, authorizations, fi~mchises, certificates, tariff
provisions and permits as are now or thereafter may be required by statute, ordinance, resolution,
regulation, rule or ruling.
10. Force Majeure. In the event that performance of this Agreement by any party is
prevented or interrupted as a restfit of any cause beyond the control of said party including but not
limited to Acts of God or of the public enemy, war, national emergency, allocation of or other
govemmental restfiction upon the use or availability of labor or materials, rationing, civil
insurrection, riot, racial or civil disorder or demonstration, strike, embargo, flood, tidal wave, fire,
explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake or other casualty or
disaster or catastrophe, failure or breakdown of pumping, transmission or other facilities, exercise
of the power of Eminent Domain, moratorium, governmental roles, acts, orders, restrictions,
regulations, or requirements, act or action of any government or public or governmental authority,
commission, board, agency, agent, official or officer, the enactment or passage or adoption
heretofore or hereafter or the enforcement of any statute or resolution, decree, judgement,
restraining order or injunction of any court, said party shall not be liable for such non-performance.
11. Performance Enforceable Without Waiver of Rights. Except as otherwise provided
in this Agreement, the parties hereto hereby agree that in the event of failure of performance
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June 14, 2000 5
hereunder, this Agreement shall be specifically enforceable without waiver of any rights which
either party may elect by law.
12. Section Headings for Convenience Only. The section headings used in this
agreemere are for convenience only and have no significance in the interpretation of the body of
this Agreement, and the parties hereto agree that they shall be disregarded in construing the
provisions of this Agreement.
13. Document Is the Result of Mutual Draftsmanship. The terms and conditions in
this Agreement are the product of mutual draftsmanship by both parties, each being represented by
counsel, and any ambiguities in this Agreement or any documentation prepared pursuant to it shall
not be construed against any of the parties because of authorship. The parties acknowledge that all
the terms of this Agreement were negotiated at arms's length, and that each party, being
represented by counsel, is acting to protect its own interest.
14. Interest. Payments due and unpaid under this agreement shall bear interest liom
the date due at the prevailing rate.
15. Default. Upon the occurrence of an Event of Default by the Utility, the City shall
have the right to liquidated damages which, due to the difficulty of measurement and the
unacceptable consequences of disconnection, the parties agree shall be equal to fifty percent (50%)
of the fees and charges provided for in paragraph three (3) hereof. Said damages shall commence
with the occurrence of an Event of Default and shall accrue daily and continue until said default is
cured. An Event of Default shall occur upon the Utility being adjudged to be in default or
bankrupt, or the failure of Utility to pay when due any amount hereunder, which non-payment
shall not have been cured by Utility within ten (10) days following Utility' s receipt of written
notice of such non-payment, with such notice mailed as Certified Mail, remm receipt requested. It
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is further provided, however, that Utility' s payment to the City of any disputed mounts shall not
impair its rights to dispute or litigate any such said amounts. The remedies indicated by this
paragraph shall be in addition to any other remedy at law or in equity, which the City might have
or which might be provided in this Agreement.
16. Upon the connection of the Utility to the City, the Utility shall be allowed to
discharge the wastewater and activated sludge fluids from the Utility's wastewater treatment plant
at no additional charge as part of that facility's abandonment plan, so long as the fluid is
reasonably clear of grit and debris and within the normal waste strength of domestic sewgae
defined as 200 mg/L BOD. The Utility shall coordinate the dates and times of this discharge with
the City' s wastewater treatment plant so as to reasonably minimize any potential impact to that
facility. This approved discharge shall specifically exclude sludge tiom ponds.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the day and
year first above written.
UTILITIES, INC. OF FLORIDA
Camaren, Frosident
d}x~,~, ~ ceO
CITY OF SANFORD, FLORIDA
BY ar """d/City o issioners
ATTEST:
APPROVED AS TO FORM
Wll C lbe Cty
i iamL. o rt, i Attomey
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June 14, 2000 7
EXHIBIT "A"
Descrintion of Service Territory.
As determined from PSC Order No. 7562:
Township 19, South, Range 30 East.
Section 34
From a Point of Beginning at the center of Section 34, rim North along the West property line of
Lots 7, 8, 9, 10 and 11 to the Northwest comer of said Lot 11, 3rd Ravenna Park Section of Loch
Arbor; thence run East along the North boundary line of said subdivision to the Northeast comer
of Lot 14; thence South to the North right-of-way line of Beth Drive; thence West and crossing
Beth Drive run South along East property line of Lot 15, East and South along North and East
propeay line of Lot 23 to the North right-of-way line of Tangelo Drive; thence run East along
Tangelo Drive and crossing Tangelo Drive rim South to the North fight-of-way line of Hughey
Street; thence East along Hughey Street to the Southwest comer of Lot 24 of 1st addition to,
Lockharts Subdivision; thence Noah and along West boundary line of Lincoln Heights
Subdivision to the Noahwest comer of Lot 1, Block 1, Section Two, Lincoln Heights
Subdivision; thence nm East along the boundary of said subdivision to the East line of Section 34;
thence South to Hughey Street; thence run West along Hughey Street to the Southeast comer of
Southeast 1/4 of Noaheast 1/4 of Section 34; thence run South along Westerly boundary line of
Ravenna Park Subdivision to the North right-of-way of Country Club Road and West along said
road to the Southwest comer of Lot 14, in the Idyllwilde Subdivision; thence run Noah and East
along the boundary of said subdivision to Vihlen Road; thence crossing Vihlen Road run North
and East along the Westerly and Noaherly boundaries of Ravenna Park Subdivision to a point on
South line of the North ½ of Section 34 and the Point of Beginning.
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June 14, 2000 8
EXHIBIT "B"
Initial Capaci.ty Projections
Existing Connections
Connections under Developer
contract
Connections
Requested by
Developers
241 ERCs (1)
Unknown (2)
200 ERCs (2)
(1) This figure does not include the Equivalent Residential Connections (ERCs) for service to the
school, which the City has agreed that Utilities, Inc. need not pay a connection charge. The
connections are listed by customer on Exhibit "D".
(2) There is a 1961 agreement (copy provided) that may obligate Utilities, Inc., to provide service
to undeveloped portions of Lincoln Heights, by reference to property descriptions rather than
ERCs. The apparent present assignee has recently requested service to 200 single family homes to
be built on some date yet unknown. This customer will be required to reserve capacity from the
City when they are ready to confirm service availability. Utilities, Inc. will keep Sanford informed
of the developer's progress, if any, as well as future requests for service under this agreement, or
otherwise.
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June 14, 2000 9
EXHIBIT C
UTILITIES
INC. OF
FLORIDA
LINCOLN HEIGHTS WASTEWATER
TRANSMISSION SYSTEM
CONNECTION POINT TO
CITY OF SANFORD SEWER SYSTEM
CONNECTION
POINT AT
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MANHOLE
PROPOSED /
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