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390-Urban Service-Amendment 24 '.: =3qO' AMENDMENT TO CITY OF SANFORD/SEMINOLE COUNTY URBAN SERVICE AREA AND. UTILITY' SERVICE PLANNING AREA AMENDED AGREEMENT THIS AMENDMENT is made and entered into this /~ day of , 1996, and is to that certain Amended Agreement made and entered into on the 13th day of December, 1993, between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY," and the CITY OF SANFORD, whose mailing address is Post Office Box 1788, Sanford, Florida 32772-1788, hereinafter referred to as "SANFORD." WITNESSETH: WHEREAS, SANFORD and COUNTY entered into the above-referenced Amended Agreement on December 13, 1993, to define long range utility service planning areas, facilitate joint long range planning and achieve the best economies of utility system develop- ment; and WHEREAS, the parties desire to amend the Amended Agreement so as to enable both parties to continue to enjoy the mutual benefits it provides; and WHEREAS, Section 14 of the AmendedAgreement provides that any amendments shall be valid only when expressed in writing and duly signed by the parties, NOW, THEREFORE, in consideration of the mutual understandings and agreements contained herein, the parties agree to amend the ~.~.~:,;, '~ ~'2.~' CERTIFIED CO~ g 99G i MARYANNE MORSE ' CLERK OF C~RC~IT COU~ DE~T, OF F~!J3LY~ V '/4 '~,.5 M~x~.~COUNTY'~~ B DEpUIy CLERK 1. Section 2 of the Amended Agreement is amended to read: ~ S~d~ION 2. DEFINITIONS. Parties agree that in construing this Agreement the following words, phrases and terms shall have the following meanings unless the context indicates otherwise. 2.1 "AGREEMENT" means the City of Sanford/Seminole County Urban Service Area and Utility S~rvice Planning Area Amended Agreement entered into on the 13th day of December, 1993, as amended, and its predecessor Utility Service Agreement between the City of Sanford and Seminole County dated October 18, 1990. 2.2 "COLLECTION FACILITIES" means those facilities located within the Sanford Utility Service Planning Area, operated and maintained by SANFORD and used to collect wastewater and transmit it to the COUNTY's transmission and treatment facilities located outside of the Sanford Wastewater Service PlanningArea as depicted on Exhibit C. 2.3 "COUNTY WASTEWATER SYSTEM" means those transmission facilities and COUNTY plant from. which SANFORD is receiving wastewater service capacity on a wholesale basis and which are operated and maintained by the COUNTY. 2.4 "COUNTY WATER SYSTEM" means those transmission facilities and COUNTY plant from which SANFORD is receiving water service capacity on a wholesale basis and which are operated and maintained by the COUNTY. 2.5 "DISTRIBUTION FACILITIES" means those facilities operated and maintained by SANFORD to receive potable water from the COUNTY's transmission facilities at point(s) of connection along 2 the Sanford Water Service Planning Area boundaries as depicted on Exhibi~'~-2. 2.6 "GPD" means gallons per day on an average annual basis. 2.7 "POINT OF CONNECTION" is the location(s) where SANFORD Distribution or Collection Facilities connect to COUNTY Water Transmission Facilities or Wastewater Transmission Facilities. 2.8 "SANFORD WATER UTILITY SERVICE PLANNING AREA" shall be that area depicted on Exhibits A and B-2 in which it is planned for SANFORD to provide retail water service in accordance with the terms of this Agreement. The COUNTY shall have the rights to provide retail water service to all surrounding properties not included in the Sanford Water Utility Service Planning Area. 2.9 "SANFORD WASTEWATER UTILITY SERVICE PLANNING AREA" shall be that area as shown on Exhibits A and C in which it is planned for SANFORD to provide retail wastewater service in accordance with the terms of this Agreement. The COUNTY shall have the rights to provide retail wastewater service toall surrounding properties not included in the Sanford Wastewater Utility Service Planning Area. 2.10 "SANFORD UTILITY SERVICE PLANNING AREA" includes the presently incorporated area of SANFORD and those areas of the COUNTY surrounding SANFORD as depicted on Exhibit A, as further detailed in Exhibits B-2 and C. In cases of apparent conflict between Exhibit A and Exhibits B-2 or C, Exhibit B~2 or C shall prevail over Exhibit A. In order to avoid significant utility service inequities SANFORD and the COUNTY agree to cooperate in providing efficient utility service to existing developed proper- 3 ties located within five hundred feet (500') east or west Of South Sanfor~'~venue by flexibility of retail service agency within that area. The parties also agree, in cases of emergency or genuine hardship, to consider further mutually agreeable geographical extensions of this policy. 2.11 "WATER SERVICE CAPACITY" means the rate of potable water flow, measured in GPD which one party wishes to buy from the other party and which the Seller agrees to produce from its water system. 2.12 "WASTEWATER SERVICE CAPACITY" means the amount of wastewater flow, measured in GPD, which one party wishes to buy from the other party and which the Seller agrees to accept at its wastewater system in accordance with the terms of this Agreement. 2.13 "WASTEWATER TRANSMISSION FACILITIES" means those lines, pipes, lift stations, meters and appurtenant equipment used by the COUNTY to transmit wastewater from the SANFORD collection facili- ties to the head works of the COUNTY's water treatment facilities. 2.14 "WATER TPa~NSMISSION FACILITIES" means those lines, pipes, water mains, meters and appurtenant equipment used by the COUNTY to transmit potable water from the COUNTY plant to the point(s) of connection with the SANFORD distribution facilities. These point(s) of connection will be located at the water service area boundaries as shown on Exhibit B-2. 2. Section 5 of the Amended Agreement is amended to read: SECTION 5. REIMBURSEMENT FOR LAKE MONROE SERVICE AREA. (a) SANFORD and the COUNTY acknowledge that the Lake Monroe Utilities Service Area consists of approximately one thousand six 4 hundred fourteen (1,614) acres. The long range Sanford Water Servic~'~lanning Area includes approximately three hundred eigh6' (308) of those acres, the long range Sanford Wastewater Service Planning Area includes approximately two hundred one (201) of those acres. SANFORD had agreed to pay to the COUNTY the sum of ONE HUNDRED EIGHTY-FIVE THOUSAIqD SEVEN HUNDRED TWENTY AND NO/100 DOLLARS ($185,720.00) within forty-five (45) days of execution of the original Agreement. Said sum has been paid. The sum consti- tutes reimbursement to the COUNTY for the cost of those portions of the Lake Monroe Utility Service Area now being assigned, for planning purposes, by the COUNTY to SANFORD by this Agreement. Further, said sum is calculated as detailed in Exhibit D of this Agreement. Should any of the Sanford Utility Service Planning Area hereby assigned to SANFORD, ultimately return to the COUNTY in accordance with the terms of this Agreement, SANFORD shall receive an appropriate refund based proportionally on the amount of acreage returned to COUNTY and the calculation used in this Section. (b) ' SANFORD agrees to pay to the COUNTY the sum of SIX THOUSAND FOUR -HUNDRED THIRTEEN AND 85/100 DOLLARS ($6,413.85) ($237.55 an acre) as reimbursement for the costs of an additional 27 acres of the water service area included in the Lake Monroe Utility Service Area now being assigned, for planning purposes, by the COUNTY to SANFORD. Should any of the Sanford Utility Service Planning Area hereby assigned to SANFORD, ultimately return to the COUNTY in accordance with the terms of this Agreement, SANFORD shall receive an appropriate refund based proportionally on the 5 amount of acreage return to COUNTY and the calculation used in this Section. 3. Exhibit B Of the Amended Agreement is hereby deleted and Exhibit B-2 attached hereto is substituted therefor. 4. Except as herein modified, all. terms and conditions of the AmendedAgreement shall remain i~ full force and effect for the term of the Amended Agreement, as originally set forth in the Amended Agreement. IN WITNESS W~EREOF, the parties hereto have executed this instrument for the purpose herein expressed. ATTEST: CITY OF SANFORD D ty Clerk ~E~E D. SMIT~, Mayor BOARD OF COLrNTY COMMISSIONERS v ~ MO ~ - ~~oard of DICK VAN DER WEIDE, Chairman County Commissioners of Date: Seminole County, Florida. For the use and reliance As authorized for execution by Approved as to form and sioners at i legal sufficiency. 19y~, regular meeting. County Attorney SED/dre Attachment Exhibit "B-2" 041596 6 ,, ,.-, · "':""'2'~''-· EXHIE~IT L3-L. · ,, !?: .,-,,. _ !,,.""".,'~.'. · : .,i,s.'.,.,~ .. 7'.,'..." ,,' ,,I-,-..:! "'.~"~i''~''''''':'''''':1;' ~ "~