340-Triparty Wholesale Waste Wa CONSENT TO ASSIGNMENT
Pursuant to the requirements of the TRI-PARTY AGREEMENTS
referred to in the foregoing Assignment, the City of Sanford
hereby consents to this Conditional Assignment of Tri-Party
Agreements. Execution of this Consent shall not be construed to
make the City a party to this Agreement.
CITY COUNCIL
ATTEST: SANFORD, FLORIDA
Patricia A. Lee Smith, Mayor
Acting City Clerk
Date:
For the use and reliance As authorized for execution by the
of Sanford only. Sanford City Council at
Approved as to form and their October 9 , 1989
1 ' ' . regular meeting.
City Attorney
7
CONDITIONAL ASSIGNMENT OF TRI-PARTY AGREEMENTS
THIS CONDITIONAL ASSIGNMENT OF TRI-PARTY AGREEMENTS (the
"Assignment") is executed as of this 14th day of August, 1989,
by LAKE MARY RESIDENTIAL JOINT VENTURE, a Florida general
partnership comprised solely of LAKE MARY DEVELOPMENT, LTD., a
Florida limited partnership; LAUREL HOMES, INC., a Florida
corporation; and AT<BOR PROPERTIES, INC., a Florida corporation,
having an office at 1069 West Morse Boulevard, Winter Park,
Florida 32789 (the "Borrower") and SUN BANK, NATIONAL
ASSOCIATION, a national banking association, having a mailing
address of Post Office Box 3467, Orlando, Florida 32802 (herein,
together with its successors and assigns, called (the "Lender"),
as Assignee.
RECITALS:
A. Borrower is the owner in fee simple or is the proposed
purchaser under the terms of a contract for purchase and sale of,
that certain parcel of land situate in Seminole County, Florida,
which is more particularly described on Exhibit "A" attached
hereto and by this reference made a part hereof (the "Property").
B. In order to finance Borrower's costs of acquiring and
developing the Property, the Borrower and Lender have entered
into an agreement pursuant to which Lender has agreed to grant a
loan to Borrower in the amount of $11,600,000.00. This loan is
evidenced by a Promissory Note (the "Note") and payment thereof
is secured by a Mortgage and Security Agreement as executed by
Borrower to Lender, encumbering the Property (the "Mortgage").
C. Seminole County, the City of Sanford, and Belair Groves,
Ltd., Borrower's predecessor in interest to the Property, have
entered into (i) a Tri-Party Wholesale Wastewater Agreement for
Sewer Service dated December 12, 1988, and (ii) a Tri-Party
Wholesale Water Agreement dated December 12, 1988, under th~
terms of which the City of Sanford has undertaken to provide
sewer facilities and service and. water capacity, respectively, on
behalf of Seminole County to the Property. The interests of
Belair Groves, Ltd. under such Tri-Party Agreement have been
partially assigned to Borrower by Assignments dated as of even
date herewith. Said Agreements and Assignments thereof to
Borrower may be referred to collectively and individually as the
ee
"Tri-Party Agr ments". Lender desires to require Borrower to
comply with the requirements of the Tri-Party Agreements thereby
insuring the availability of sewer facilities and service and
water capacity to the Property.
D. The Lender, as a condition to granting the loan
evidenced by the Note has re~lired the execution of this
Assignment as additional security for the performance by Borrower
of the obligations, covenants0 promises and agreements as set
forth in the Development ;.oan Agreement dated as of even date
herewith between Borrower and Lender, the Note, the Mortgage and
this Assignment, and in any other instruments securing the Note
or executed as part of the transaction, as the same may hereafter
be modified, amended, supplemented or restated from time to time
(together the "Loan Instruments").
N~ THEREFORE, :? ~,~=~side~ation of '~he muhual covenanhs
herein contained and in consideration of other good and valuable
considerations, the receipt and sufficiency of which are hereby
acknowledged, the Borrower and the Lender do hereby'agree as
follows:
1. The foregoing recitals are incorporated herein as
covenants and agreements and are made a part hereof.
2. The terms of the Tri-Party Agreements are hereby
incorporated in this Assignment by reference.
3. Borrower does hereby sell, assign, transfer and set over
unto Lender its rights under the Tri-Party Agreements to use and
receive from Seminole County (which in turn shall receive from
the city of Sanford) the following: (i) up to 188,500 gallons
per day of sewage collection service, and (ii) up to 220,250
gallons per day of water service, which sewer and water service
is to be used to provide sewer capacity and water for the 615
building lots to be included within the Property, together with
any and all additional treatment plant capacity and Water service
that Borrower may acquire from the City of Sanford cr Seminole
County in the future for use in connection with the Property.
This Assignment shall become effective and operative at such time
as Lender may take title to the property.
4. Upon Lender obtaining title to the Property, Borrower
hereby irrevocably authorizes and directs the City of Sanford and
Seminole County or any other utility company, governmental
authorities, or other persons or entities from whom the sewage or
water service is being obtained, to execute such documents as may
be required to fully entitle the Lender the use of the sewage and
water service, and to render to the Lender any services,
performances, or rights that would otherwise be due and owing to
the Borrower under the Tri-Party Agreements as they apply to the
Property.
5. The Lender recognizes that as building lots are
developed within the Property and sold to third parties, the
number of gallons per day of sewer treatment and water capacity
to which the Borrower is entitled under the Tri-Party Agreements
will be reduced by the number of such ldts as may be sold.
Lender will release the applicable number of taps or gallons per
day of capacity from the operation of this Assignment in the
event Borrower obtains from Lender the release of any lot or
parcel of land in accordance with the requirements of the
Mortgage and the Development Lean Agreement by and between Lender
and Borrower of even date herewith.
6. Borrower shall execute such documents and perform such
acts as may reasonably be necessary to facilitate the vesting in
the Lender of all Borrower's rights and obligations under the
Tri-PartyAgreements as they pertain to the Property. The
Borrower hereby names, nominates and constitutes the Lender as
its attorney-in-fact with power and authority to execute in its
name such documents as may be necessary to fully transfer and
convey to Lender said rights, title and interest.
7. Borrower hereby covenants and warrants to Lender that it
has full authority to assign its interest in the Tri-Party.
Agreements and that there are no previous assignments of its
interest in such Agreements that would affect or prejudice the
rights herein granted to Lender. The Borrower also hereby
covenants and agrees not to do any act that would destroy or
impair the benefits to Lender of this Assignment.
8. This Assignment shall remain in full force and effect so
long as the Note remains unpaid in whole or in part. It is
understood and agreed betFeen the parties that a full and
complete release or satisfaction of the Mortgage shall operate as
a full and complete release of all the Lender's rights and
interest hereunder~ and that when the Mortgage has been fully
released or satisfied as evidenced by the Public Records of
2
Seminole County, Florida, this Assignment shall be void and of no
further effect.
9. The Borrower shall use its best efforts to obtain,
within sixty (60) days of the date of this Agreement or such
additional reasonable period of time as shall be required, the
approval and consent of Seminole County, Florida and the City of
Sanford, Florida to this Assignment. In the event such consent
is not obtained on or within sixty days or such additional period
of time as Borrower may reasonably require, then the Borrower, at
the option of Lender, shall be in default in performance of this
Agreement and the loan instruments.
10. The provisions of this Assignment shall insure to the
benefit of and be binding upon Borrower and its successors or
assigns and upon Lender and its successors or assigns and shall
constitute a covenant running with the Proper~y.
11. This Assignment constitutes the complete understanding
of the parties hereto with respect to Borrower's assignment of
its interests under the Tri-Party Agreements and no other oral or
written representations hereto made with respect to the Tri-Party
Agreements shall survive the execution hereof. No modification
to this Assignment may be made except by an ihstrument in writing
executed by the parties hereto.
12. Any written notice, demand or request that is required
to be made hereunder shall be served in person, or by registered
or certified mail, return receipt requested, addressed to the
party to be served at the address set forth below:
If to Lender: Sun Bank, National Association
P.O. Box 3467
OrlandQ, Florida 32802
Attention: David Cross
If to Borrower: Lake Mary Residential Joint
Venture
.1069 West Morse Boulevard
Winter Park= Florida 32789
The address as stated herein may be changed as to the applicable
party by providing the other party with notice of such address
change in the manner provided in this paragraph. In the event
that written notice, demand or request is made as provided in
this paragraph, then in the event that such notice is returned to
the sender by the U.S. Postal System because of insufficient
address or because the party has moved or otherwise, other than
for insufficient postage, such writing shall be deemed to have
been received by the party to whom it was addressed on the date
that such writing was initially placed in the U.S. Postal System
by the sender.
13. ~imely performance of all of the conditions, covenants,
obligations and performances due under the terms of the Lo~n
Instruments are of the essence hereof. "
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement and it shall be binding upon their heirs, successors
and assigns.
BORROWER:
LAKE MARY RESIDENTIAL
JOINT VENTURE,
a Florida general partnership
BY LAKE MARY DEVELOPMENT, LTD.,
a Florida limited partnership,
as partner and joint venturer
BY LAKE MARY DEVELOPMENT
CORPORATION,
a Florida corporation,
as managing general partner
Witnesses:
(CORPORATE SFA~
LENDER: ' ' '-
SUN K, NA ONAL ASSOCIATION
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this %~
day of/<~ ~,1989, by ~\ncx ~.~peC~ , as
Presiden~ofLake Mary Development Corporation, a Florida
corporation which is managing general partner of Lake Mary
Development, Ltd., a Florida limited partnership which in turn is
general partner of and joint venturer in Lake Mary Residential
Joint Venture, a Florida general partnership, on behalf of the
corporation, on behalf of the limited partnership and on behalf
of the general partnership.
(NOTARIAL SEAL)
My commission expires:
i'~otary Pubt$c. State Of Florida At Lar~e
My Commission Expires ApriJ 22. !991
8or.Jee 8y SAFECO IIIsurauce Company of America , , -
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this
day of 5~?~,1989, by ~{~ d~ , as ~S5/~r;~ Vi'6~
President of Sun Bank, National Association, a national banking
association, on behalf of the association.
My Commission Expires:
Notary Public, State of Florida at Large
My Commission Expires May 1, 1992
5
CONSENT TO i~SSI~NMENT
Pursuant to the requirements of'the TRI-PARTY AGREEMENTS
referred to in the foregoing Assignment, the City of Sanford
hereby consents to this Conditional Assignment of Tri-Party
Agreements. Execution of this Consent shall not be construed to
make the City a party to this Agreement.
CITY COUNCIL
ATTEST: SANFORD, FLORIDA
Patricia A. Lee B . Smith, Mayor
Acting City Clerk
Date:
For the use and reliance As authorized for execution by the
of Sanford only. Sanford City Council at
Approved as to form and their October 9 , 1989
legal sufficiency. regular meeting.
City Attorney
7
~.~, , 1988, by and between SEMINOLE COUNTY, a
political subdivision of the State of Florida, whose address is
.Seminole County SerE~es Building, 1101 East First Street,
Sanford, Florida 32771, hereinafter referred to as "COUNTY"; the
CITY OF SANFORD, a Florida municipal corporation whose address is
Po O. Box 1778, Sanford, Florida 32772, hereinafter referred to
as "SANFORD," or "CITY," and BELAIR GROVES, LTD., a Florida
limited partnership and Sidney O. Chase, Jr., whose address is
200 East Commercial Street, Suite 3, Sanford, Florida' 32771,
hereinafter referred to as "DEVELOPER."
WITNESSETH:
W~EREAS, SANFORD owns and operates a wastewater system
located in SANFORD (hereinafter "Wastewater System") and is
desirous of selling, on a wholesale basis, wastewater treatment
and disposal capacity to COUNTY; and
WI/EREAS, COUNTY wishes to connect to the SANFORD Wastewater
System and purchase wastewater capacity on a wholesale basis from
SANFORD in order to serve General Sanford Estates (a/k/a Chase
GrOves), more particularly described in Exhibit "B" attached
hereto; and
W~EREAS, DEVELOPER has identified an ultimate wastewater
service capacity need of 380,000 gpd.
NOW, THEREFORE, in consideration of the premises, mutual
covenants, agreement and promises herein contained, the parties
hereby covenant and agree as follows:
SECTION 1. The foregoing 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
indicates otherwise:
2.1 "Agreement" means this Tri-Party Wholesale
Wastewater Service Agreement as it may from time 6o time be
modified.
2.2 "Collection Facilities" means those lines, pipes,
meter and appurtenant equipment owned, operated and maintained by
COUNTY used to collect wastewater and to transmit same to
SANFORD's transmission facilities at the point of connection
depicted in Exhibit "A."
2.3 "Development" means General Sanford Estates (a/k/a
Chase Groves), more particularly described in Exhibit "B."
2.4 "GPD" means gallons per day on an average annual
basis.
2.5 "Reclaimed Water" means wastewater effluent that
has been appropriately treated and is usable for irrigation
purposes in green areas of development.
2.6 "Reclaimed Water Easement Area" means any common
area/green spaces on a parcel of property, excluding residential
areas of the property, on which a system may be located to
deliver and spray reclaimed water over, under, upon and through
the' said property, pursuant to the Development Order issued by
the County to the Development.
2.7 "Residential Wastewater Strength" means
residential and commercial wastewater discharges exhibiting the
following characteristics: biochemical oxygen demand of 300 mg/1
or less, suspended solids of 300 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; or
discharges containing any toxic pollutants. It is expected that
COUNTY will require grease traps and industrial pretreatment of
-2-
~its customers as applicable and'in accordance with local, state
and federal guidelines.
2.8 "SANFORD Wastewater System" means those
Transmission Facilities and SANFORD Plant from which COUNTY is
receiving Wastewater Service Capacity on a wholesale basis, and
which are operated and maintained by SANFORD.
2.9 "SANFORD Plant" means those treatment and disposal
facilities and rights jsed by SANFORD to treat"wastewater and
detain, transmit and dispose of said treated wastewater in
accordance with applicable governmental and regulatory
requirements.
2.10 "Transmission Facilities" means those lines,
pipes, lift stations, meters and appurtenant equipment used by
SANFORD to transmit wastewater from the point of connection with
the COUNTY Collection Facilities to the headworks of the SANFORD
Plant.
2.11 "Wastewater Connection Fees" means those fees and
charges established for the Seminole County Utility System and
paid to SANFORD for Wastewater Service Capacity sold hereunder.
2.12 "Wastewater Service Capacity" means the amount of
wastewater flow measured in GPD, which COUNTY wishes to buy from
SANFORD and which SANFORD agrees to accept at its Wastewater
System in accordance with the terms of this Agreement.
SECTION 3. PURPOSE. Subject to the terms and conditions
hereinafter set forth, SANFORD shall sell and provide to COUNTY,
and COUNTY shall purchase and receive from SANFORD, wastewater
service capacity of approximately 380,000 gpd. Wastewater
service provided shall be for the exclusive use of General
Sanford Estates, D.R.I., and no others.
SECTION 4. TERM. This Agreement shall be effective when
executed by all parties hereto, and shall continue in full force
and effect for a period of twenty-five (25) years, and thereafter
shall automatically be extended for succeeding periods of ten
(10) years each. Notwithstanding the foregoing, the parties
-3-
BI II.,,3F'G0903
agree that the COUNTY, at its sole option, may terminate this
Agreement without cause at the expiration of the initial term
hereof, or at any time thereafter, by giving not less than sixty
(60) days' prior written notice of its election to do so to the
other parties hereto.
SECTION 5. PROVISION OF WASTEWATER SERVICE CAPACITY.
Wastewater Service Capacity shall be provided and allocated to
the COUNTY in the following manner and subject to the following
terms and conditions:
5.1 Projected Capacity Needs. SANFORD and the COUNTY
acknowledge that the Development's wastewater service capacity
need projections indicate an ultimate wastewater service capacity
need of approximately 380,000 gpd. It is mutually acknowledged
by the parties that the intent of this Agreement is to meet the
immediate and future wastewater service capacity needs Of the
Development. If SANFORD is unable to perform its obligations
under this Agreement, then the COUNTY may use any means (whether
permanent or interim) authorized by law to provide wastewater
service capacity to the Development.
5.2 Wastewater Service Capacity. The DEVELOPER has
identified an initial capacity requirement of 40,000 gpd and
SANFORD agrees to provide to the COUNTY within the next twelve
(1~) months on a wholesale basis approximately 40,000 gpd to
serve the development; capacity in excess of 40,000 gpd up to
270,000 gpd shall be immediately available upon presentation to
SANFORD of a Florida 'Department of Environmental Regulation
Permit Application for the Development and presentation of a
letter(s) of credit in proper form and amount. Available shall
mean that SANFORD has the immediate ability to obtain a permit
for said capacity against its facility from the Florida
Department of Environmental Regulation. Capacity above 270,000
gpd shall be available upon completion of a now designed
Wastewater Treatment Plant expansion on or about December. 31,
1989. Connection fees for the initial capacity purchase shall be
-4-
BI(II 3PG0984
paid as stated in Section 7 within twelve (12) months from the
effective date of this Agreement and prior to actual commencement
of service. During this period reservation of capacity shall be
consummated by provision of a letter of credit, in acceptable
form, irrevocable, payable to SANFORD in the amount of 50% of the
total applicable COUNTY connection fee, for the capacity
reserved. If initial capacity reserved by this letter of credit
is not paid in full at the then effective COUNTY connection fee
rate, within the twelve (12) month period, the capacity
reservation will automatically terminate, the letter of credit
shall be called by the City and the Developer shall be entitled
to that amount of capacity purchaseable by the amount of the
letter of credit. Should the DEVELOPER wish to reserve
additional capacity up to the maximum(s) provided by this
Agreement, he may do so. If the DEVELOPER wishes to do so, then
the manner of reserving such capacity shall be by delivery of a
letter of credit to the CITY in an amount equal to 50% of the
total then current COUNTY connection fee for the capacity to be
reserved. The letter of credit will be conditioned upon the
DEVELOPER actually purchasing the capacity reserved within twelve
(12) months from the effective date of this agreement at the then
effective rate. Any capacity reservation not so purchased shall
automatically terminate. Upon delivery of the letter of credit,
capacity to which the letter of credit is applicable shall be
irrevocably reserved by.the CITY for the DEVELOPER for a period
of twelve (12) months, unless sooner purchased by full payment.
Additional capacity may be reserved, up to the full amount(s)
specified under the Agreement, at any time, by delivery of the
full amount of the then current COUNTY connection fee to the
CITY, via the COUNTY, but no later than the time that building
permits for improvements requiring capacity are obtained. Should
at any point in time, SANFORD be unable to meet the capacity
needs of the Development, all connection fees previously
collected for the Development and given to SANFORD shall be
-5-
refunded to the COUNTY in order thai COUNTY may construct the
necessary infrastructure to serve the Development. Upon
completion of construction of the substitute infrastructure by
COUNTY, COUNTY shall return the capacity allocated hereunder to
SANFORD so that SANFORD may resell such capacity to other users.
'SANFORD unconditionally agrees to provide continuous
and adequate wastewater service and capacity as and when
specified herein for the existing and future needs of the
Development. (Temporary service interruptions caused by
equipment failure or system/repair maintenance, power outage, or
acts of God are excepted.) SANFORD shall take all appropriate
measures to prepare the necessary plans, to obtain the necessary
permits, to provide the financial capability and to initiate
construction to expand its wastewater system as necessary to
serve the needs of the Development.
The COUNTY intends to reserve both water and wastewater
capacity from SANFORD to serve the Development. Therefore,
should SANFORD be unable to meet its obligations for either water
or wastewater service, both Tri-Party Water and Wastewater
Agreements shall be considered in default.
Should it be determined that SANFORD is unable to
provide wastewater capacity to the COUNTY to service the
DeEelopment, then service will be provided by the COUNTY in
accordance with the Development Order approved by the Board of
County Commissioners on. July 28, 1987, Section IV B.C., at no
additional cost to theD~veloper for service already purchased.
5.3 Reclaimed Water. SANFORD agrees that the
Development shall only be required to take back and dispose of
treated effluent (reclaimed water) on-site, to the extent that it
can reasonably do so without adversely impacting upon the
Development, nor will the Development be required to take back
effluent to be disposed of upon residential dwelling areas of the
Development. Consistent with the foregoing requirements,
effluent take-back shall only be required to be disposed of upon
-6-
IVA~'iEIVATEI{
cost to the Development or the County-. The DEVELOPER agrees
design and install its on-site irrigation systFm so 'as to enable~
a connection to the CITY's Reclaimed Waterline at either main
entrance to the Development on Old Lake Mary Road. The DEVELOPER
acknowledges that neither the COUNTY nor the CITY shall have the
obligation to deliver Reclaimed Waseewater to the Development.
Such effluent shall'be of a quality that is consistent
with the requirements of "public access" treatment levels as
defined in Chapter 1'7-6, Florida Administrative Code or its
successor provision, and in a manner consistent with all
applicable state and federal laws and 'regulations. The CITY
agrees to indemnify the COUNTY On account Of the CITY's failure
to comply with the foregoing requirement.
5.4 Annexation. SANFORD agrees that annexation of the
Development, whether in its entirety or a portion thereof, shal~
not be required to receive wholesale wastewater service from
sANFoRD, however, this agreement not prohibit annexation as ..
FACILITIES.
6.1 Connection to Transmission Facilities. COUNTY
shQll cause to be designed, permitted and constructed, by
DEVELOPER, a transmission system from the southeast corner of
Development to the connection point, designated by SANFORD as
depicted in Exhibit "~." All of the DEVELOPER's costs in
connection with the foregoing shall be credited against
wastewater connection fees, as described below. SANFORD shall
have the right to review and comment on the plans and
specifications relative to master lift station, (including'
metering equipment) connection piping and connection to SANFORD
System which shall be designed in accordance with COUNTY's Water
and S~W~t Planning Guidelines. SANFORD approval is required
which shall not be unreasonably withheld. SANFORD shall cause
-7-
sI{ l i 3P 0987
such documents to be reviewed within 20 working days of their
original submission and within 15 work days of any revised
submissions. Connections to SANFORD Systems shall comply with
applicable codes. Payment for the connection shall be by credit
to the DEVELOPER of COUNTY connection fees otherwise payable
under this Agreement. Conditions and procedure will be generally
as outlined in Exhibit D, "Seminole County Wastewater Agreement
Exhibit 'G'," attached.
6.2 Transmission Facilities. Should SANFORD's
existing transmission facilities be inadequately sized to provide
capacity and adequate service to the Development, SANFORD shall
be solely responsible for constructing, and/or improving said
facilities. SANFORD's obligations to construct or improve
transmission facilities shall occur prior to or concurrent with
development needs. COUNTY shall keep SANFORD fully advised of
all current information regarding prospective DEVELOPER
construction; units, flow data and schedules.
6.3 Operation and Maintenance. Operation and
Maintenance of the Collection Facilities and TranSmission System
to the point of connection to the Transmission Facilities shall
be the responsibility of COUNTY.
6.4 Metering.
(a) DEVELOPER shall furnish and install metering
equipment at a p~i.~t mutually agreed upon as specified in
Section 6.1 which will be capable of measuring all flow from
the Collection FaCilities to the Transmission Facilities.
DEVELOPER shall be given the credit described in Paragraph
7.2 hereof against connection fees paid, for the cost of
acquisition and installation of such metering equipment.
The metering equipment shall be the property of SANFORD, and
SANFORD shall be responsible for the operation, maintenance
and replacement of the meter. COUNTY shall have the right
to read the meter and the right of access thereto for
testing and billing purposes.
-8-
(b) The metering equipment shall be of standard
make and type, installed at a readily accessible location,
and shall record flow with error not to exceed plus or minus
two percent (2%) of full scale reading, suitable for billing
purposes. SANFORD shall test the meters for accuracy at
regular intervals of not less frequently than once every
twelve (12) months. SANFORD shall provide COUNTY with the
test results. B'iils shall be adjusted for meter error in
excess of 2% of full scale reading. In calculating such
billing adjustment, it will be assumed that the meter
inaccuracy existed for one-half of the entire time interval
between meter accuracy checks by either party. The billing
adjustment shall be made at the same rate established in
accordance with Section 7 hereof, but the volume used in the
billing calculations shall be adjusted as described
herein. Either party may test the meter more frequently, at
his expense. If errors are found, adjustments will be made
as specified above. Any backcharges that result shall be
resolved between CITY and COUNTY.
6.5 Service Standards. The parties hereto mutually
agree that after connection of the Collection Facilities to the
Transmission Facilities as provided herein, SANFORD will then
c~ntinuously provide, at its cost and expense, but in accordance
with the other provisions of this Agreement, Wastewater Service
Capacity sufficient to meet the wastewater needs of the
Development and in a 'manner to conform with all applicable
governmental requirements. Upon connection of the Collection
Facilities to the Transmission Facilities, any customers that
have or will connect into the Collection Facilities shall be
customers of the COUNTY and shall pay COUNTY's rates, fees,
charges and deposits for wastewater service.
SECTION 7. PAYMENT OF WASTEWATER CONNECTION FEES.
7.1 Initial Payment. As to the 40,000 gpd of
Wastewater Capacity reserved pursuant to Subsection 5.2, the
-9-
BICli.&3PG0989
DEVELOPER shall pay to the COUNTY connection fees of $7.00 per
gallon, less connection system and meter cost addressed in
Section 6.1 and the COUNTY shall, in turn, pay the full amount
thereof received from DEVELOPER to CITY, based on Seminole County
(Current guidelines are attached as Exhibit "C.") Said fees
shall be paid within twelve (12) months from execution of this
Agreement, and before any wastewater is delivered to the SANFORD
System.
7.2 Payment for Future Capacity. As to the additional
230,000 gpd, or ultimately 340,000 gpd of Wastewater Capacity
that is committed pursuant to Subsection 5 2, the COUNTY shall
pay connection fees to SANFORD at a rate in effect for the COUNTY
System at the time. Said fees shall be paid at the time of
building permit issuance. (Attachment C refers.) ~F~ ~c¢~,
%
~o ~he Development. Such e~e~ sha~ be in ~he "one
aBoun~ o~ One and no/~00 DoZZa~ (~.00) ~o~ each ga~Zon pe~ day
o~ e~luen~ ~hieh ~an be ~po~e~ o~ on ~he Deve~op~en~ colon
a~ea/g~een spa~e~ on an average dai~y bas~s. ~he DBV~O~R
be en~ed Eo Such e~e~i~ agains~ ~u~u~e aonnee~on ~ees ~o~
capacity ~ha~ ~e~ains ~ese~ved he~eun~er~ o~ in cash, i~ ~u~u~e
~ees a~e insu~ie~en~ ~o eove~ such e~ed~. Creditable e~uent
~a~aai~y sha~ be based on a determination b~ an ~ng~nee~
~egisEe~e~ ~n ~he S~a~e o~ ~lo~i~a, signe~ an~ sea~ed.
~eserves ~he ~gh~ ~o ~oni~o~ a~uaZ e~uen~ ~euse. ~
~euse ~s Zess ~han ~he a~o~e~ e~ed~ on an annuaZ average
basis, ~he a~e~ sha~ be a~jus~ed by ~e~und or appZ~ea~ion
subsequen~ ~eveZopmen~. ~euse sha~ s~a~ eoinei~en~
~as~e~a~e~ ~ea~men~ o~ as soon ~he~ea~e~ as ~he
~e~ai~e~ ~a~e~ is a~ai~ab~e a~ ~he ~oin~ o~ connection
-10-
BKil, 3PG0990
7.4 Return of Wastewater Connection Fees. Should
SANFORD be unable to meet the obligations under this Agreement,
then all water and sewer connection fees previously paid to date
to SANFORD shall be refunded to the COUNTY. Said refund shall
occur within 180 days of SANFORD's inability to serve. SANFORD'S
refusal to provide immediate capacity or denial by the Florida
Department of Environmental Regulation of a permit to serve the
Development are examples of SANFORD'S inability to serve.
Section 8. WHOLESALE WASTEWATER USER CHARGES. SANFORD
agrees to provide transmission, treatment and disposal of
COUNTY'S wastewater for a user charge or rate of $1.38 per
thousand gallons of wastewater. If SANFORD adjusts its Retail
and Wholesale User Charge, the user charge of $1.38 per thousand
shall be adjusted by the same cost per thousand gallon unit cost
adjustment as applied to the Retail User Charge within the City
of Sanford. The adjusted charges shall become effective when
effective for other retail and wholesale customers, as authorized
by the Sanford City Commissioners. The COUNTY shall thereafter
pay said charge as adjusted. SANFORD agrees to read the master
wastewater meter and bill the COUNTY monthly based upon the
adjusted number of gallons of wastewater which pass through the
meter each month. (Section 6.4 applies.) The COUNTY agrees to'
pay for all Wastewater sent through the meter to the Transmission
Facilities and agrees.~ make payments to SANFORD within thirty
(30) days from the date of the COUNTY's receipt of SANFORD's
monthly bill. The COUNTY shall be solely responsible to SANFORD
for payment of monthly bills.
SECTION 9. DISCLAIMER OF THIRD PARTY BENEFICIARIES.
This Agreement is solely for the benefit of the formal parties
herein, their successors and assigns, and no right or cause of
action shall accrue upon or by reason hereof, to or for the
benefit of any other party not a formal party hereto.
SECTION 10. ASSIGNMENT. This Agreement shall be binding
on the parties hereto and their representatives and successors.
-11-
No party shall assign this Agreement or the rights and
obligations to any other parties without the prior written
consent of the other party hereto. Notwithstanding the
foregoing, the DEVELOPER shall have the right to assign all or
any portion of its rights to obtain capacity hereunder, from time
to time, throughout the term hereof to purchasers or transferees
of all or any part of the property described on Exhibit "B"
attached hereto. The DEVELOPER shall provide written notice of
such assignment to the COUNTY and to SANFORD. Such assignment
shall create no right to additional points of connections to the
SANFORD System other than as provided for by Section 6.1.
SECTION 11. DEFAULT. Any party to this Agreement, in the
event of or act of default by the other(s), shall have all
remedies available to it under the laws of the State of Florida
including but not limited to injunction to prevent default or
specific performance to enforce this Agreement. Each party
agrees to pay all reasonable costs and attorneys' fees to the
other parties not in default provided such costs and attorneys'
fees are payable under this Section only if suit is filed that
results in an adjudicated default. The rights of the parties
shall be considered cumulative and shall not be waived now or in
the future by the exercise of any rights and remedies provided
under the terms of this Agreement and authorized by law.
SECTION 12. NOTICES. Any notice required or allowed to
be delivered hereunder.shall be in writing and be deemed to be
delivered when (a) hand delivered to the official hereinafter
designated, or (b) upon receipt of such notice when deposited in
the 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.
SANFORD Mayor
City of Sanford
Post Office Box 1778
Sanford, Florida 32772
-12-
with a copy to: City Manager
and
City Attorney
COUNTY Seminole County Director of
Environmental Services
Post Office Box 2469
Sanford, Florida 32772
with a copy to: Seminole County Attorney
Seminole County Services Building
.. 1101 East First Street
Sanford, Florida 32771
DEVELOPER Belair Groves, Ltd.
R. Chase Lasbury
Administrative General Partner
Post Office Box 1150
Sanford, Florida 32771
with a copy to: Lowndes, Drosdick, Doster,
Kantor & Reed
Professional Association
215 North Eola Drive
Orlando, Florida 32801
Attention: Nicholas A. Pope, Esq.
SECTION 13. 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
herein 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 14. TIME OF THE ESSENCE. Time is hereby declared
of the essence to the lawful performance of the duties and
obligations contained i'n this Agreement.
SECTION 15. 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 16. CONDITION PRECEDENT. The COUNTY, SANFORD,
and the DEVELOPER propose to enter into two (2) Agreements
simultaneously: The Tri-Party Wholesale Water Agreement and the
Tri-Party Wholesale Water Agreement. Execution of the Tri-Party
Wholesale Water Agreement is contingent upon execution of the
Tri-Party Wholesale Wastewater Agreement. This instrument
-13-
Bt 11 3I 0993
supersedes all previous discussions, understandings, and
agreements between the parties relating to the subject matter of
this Agreement. Amendments to and waivers of the provisions
herein shall be made by the parties in writing by formal
amendment.
IN WITNESS WHEREOF, the parties hereto have hereunder
executed this Agreement on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF SEMINOLE COUNTY, FLORIDA
;'~ ~ "SANDRA S; GLENN
~C<, the use and reliance As authorized for execution
~ ~emlnole County only. by the Board of County
meeting.
~y:tt~orn~
ATTEST: CITY OF SANFORD
.. , Date: J~?~/Z/~</~r
~6r ihe use ahd reliance of
A~Dved.-.~Skto form and legal
BELAIR GROVES, LTD.
By:
General Partn
SYDNEY O. CHASE,~
Witnesses:
17-B137y -14- (Rev.08/18/88)
EXHIBIT B
LEGAL DESCRIPTION
GENERAL SANFORD ESTATES DRI
PARCEL "A"
Block 2, BELAIRE, as recorded in Plot Book 6, Page z~6~ of the Public Records of
Serninole Counfy~ Florida.
LESS:
Begin at the Northeast corner of said Block 2; thence run S.00o02'52".W along
the East line of said Block 2 for a distance of 20.00 feet; thence run
N.8'q°18'01'.W for a distance of 200.78 feet to a point on the North line of said
Block 2, said point being 200.00 feet Westerly of the aforementioned Northeast
corner of Block 2; thence run N.S,°oS,°'Ig".E along said l',!orfi~ line for a distance
cf 200.00 feet to the Point of Beginning.
Containing ,°.0Sl acres more or less and being subject to any rights-of-way and
easements of record.
PARCEL "B"
Tidal part of Section 3, Township 20 South, Range 30 East~ Seminole County,
Florida, being more particularly described as follows:
Commence at the Northeast corner of said Section 3, thence run N.8,°oS0'20".W
along the North line of the Northeast 1/~ of said Section 3 for a distance of ~0.00
feet to a point on the NOrtherly prolongnation of the Westerly Right-of-Way line
of Airport Bou!evard (80' right-of-way) thence run S.O0°03'S[".E along said line
for a dislance of 51z4.35 feet to ti:e Southeast corner of lands described in
Official Record Book 123t: Page 1628 of the Public Records of Sem, ino]e County~
Florida, said corner being the POINT OF BEGINNING.
Thence continue S.00°03'SI".E along the aforementioned Westerly Right-of-Way
line of Airport Boulevard for a distance of 1057.z48 feet to a point of curvature of
a curve concave Easterly having a radius of 1,°L~9.8~ feet; thence run Southerl,~,
along the arc:bf said curve end said Westerly Right-of-Way llne through o central
angle of 11o37'32"' for a distance of 325.63 feet to a point on the East line of 1he
!'brtheast I//4 o[ the aforementioned Section 3~ thence run S.00o03'51".E along
the East line of said Northeast I//4 for a d.istance of ~;68.6,° feet to a point on the
\Vesterly Right-of-Way fine of Lake Mary Road (50' right-of-woy)j thence run
S-52°28'50".W along said right-of-way for a distance of 353.92 feet to a point of
curvature of a curve co'hcave Southeasterly having o radius of 5033.80 feet;
thence run Southwesterly along the arc of said curve and said Westerly Right-of-
Way fine through a central angle of I1°~7'10'' for o distance of 1035.~9 feet:
thence run SJ~0o41"32".W along said Westerly Right-of-Way line for a distance o~
221.3~ feet to a point of curvature of a curye concave SoulheGsterly having o
radius of 52~.38 feeU theace run Southwesterly along the arc of said curve and
said Westerly Right-of-Way line ~or a distancd of 118.3~ feet to a pain1 on 1he
,,.:,
. ,:.:
~.,?' j,4'~ .'
.~' E,;L ,'
BI I .3PG0996
South flne of the ~";orth I/2 of the Southeast l/,f~ of the oforemer~tioned Section 3;
thence run/'J.8?°42'28".W along said South llne for o distance o," ?18.33 feet
"'1 the Soulheosl corner of the Northeast I/.~ of the Southwest i/4 of said Seal]on 3;
thence run N.8~°32'31".W atong the South llne of said Northeast %/~4 of the
Southwest i/z4 for a distance of z~00.O0 feet to a point on the West lle of tile West
z400.00 feet of said Northeast I/4 of the Southwest I/a; thence run N.00°Ig'37".E
a!ong said West line for a distance of 162.44 feet to a point on the South line of
the North I lz4.a,S0 feet of said Northeast I/~4 of the Southwest [/z~; thence run
S.8-°o44'36".W along said South line for a distance of 87S.78 feet to a point on the
East line of LOCH ARBOR, ISLE OF PINES, SECT[ON TWO, as recorded in Plat
Book 8, Page 63 of the Public Records of Seminole County, Florlda~ thence run
H.0Ool3'4l".W along said Eas~ line for a distance of l lz~9.S0 feet to a point on
the South line of the'West 210.00 feet of the Southeasl I/b, of tile Northwest I/z~
of the aforementioned Section 3; thence run i',l.89oz~4'36".E along said South line
far a distance of 1,03.28 feet to the Southeast corner thereof; thence run
N.O0°03'SZ~".E along the East line of said ;Vest 2[0.00 feet of the Southeast
of the L,Zorthwest 1/4 for a distance of 1335.SI feet to fi~e Northeast corner
thereof~ thence run S.89o2851".W along the North line of said West 210.00 feet
of the Southeast l/z~ of the Northwest I/4 far a distance of 210.01 feet to the
hJorthwest corner ~ihereof; thence run N.00oO3'SZ~".E along the ;Vest line of the
Northeast l/b, of the Northwest I/z4 of said Section 3, for a distance of 20.~.31
feeh thence run N.2,OoI6'4S".E along the ',Vesterly llne of lands described in
Official Record Book 105~, Page 67~ of the Public Records of Seminole County,
Florida for a distance of 97-°.82 feet to a point on a curve concave Northerly
having a radius of t-°?.79 feet and a chord beerlng of N.85oOS'36".E; thence run
,'~lortheasterly along the arc of said curve and the Southerly Right-of-'w ay line of
Lake Boulevard (80' right-of-way) through a central angle of 82°02'S7'' for a
distance of 286. I1 feet; thence run N./~z~o0L~'OT".E along said Southerly Right-of-
Way line for a distance of Iz40.67 feet to a point of curvature of a curve concave
Northwesterly having a radius of 280.00 feet; thence run Northeasterly along the
arc of said curve and said Sour ~erlv line through a central angle of 22°z~ 1'07" for
a distance of II0.86 feet; thence run S.87°57'zff)".E along the aforementioned
Wester!7 llne of Official Record Book t0S~, Page 67,S for a distance of
feet; thence run N.O0°3I'20".\V along said Westerly line for a distance of 225.00
feet; thence run N.8?°57'z4-O".W Gloria said Westerly line for a distance of 385.00
feet to o poit on the Easterly Right-of-Way line of s,~id Lake Boulevard; 1hence
run N.00°02'S2".E along said Easterly Right-of-Way line for a distance of 123.63
feet to o point on the South R ght-of-V~Iav line of 25th Street; thence run
S.8,0°57'z~9".E along said South Right-of-Way line for a distance of 3-°2.86 feet;
thence run .S.8-0o50'20".E along said South Right-of-Way line for a distance of
2188.25 feet to the Northwest corner of lands described in Official Record Boo',<
257, Page 7-0z~ of 1he Public Records of Seminole County, Florida; thence
S.00°08'01".E along the Westerly line of said Official Record Book 1257, Page
7-04 for a distance of 127.17 feet; thence run S.27°S7'23".E along said Westerly
line for a distance of 143.-0S feet; thence run S.S,Soz~'30".E Gloria said Westerly
line and the Southerly line of the aforementioned Official Record Book 1231,
Page I~S?8 for a distar~ce of 200.75 ~eet; 1hence run S.66oZ~2'3.,0".E along said
Southerly line for a distance of 17~.22 feet to the POINT OF BEGINNING.
BI{IL 3PsO997
LESS
The South 943,50 feet of the North 1029.50 feet of the West 142.00 feet of the
Northwest 1/4 of the Southeast I/4;
The South 943.50 feet of the North 1029.50 feet of the Northeast 1/4 of the
Southwest
A~'ID
The South 120.00 feet of the North 1149.5 feet
Southwest I/4, less the East 400.00 feet thereof;
AH lying in Section 3, Township 20 South, Range 30 East and lying East of LOCH
ARBOR, ISLE OF PINES, Section Two, as recorded .in Plat Book 8, Page 63 of the
Public Records of Seminole County, Florida.
Containing 282.291 acres more or less and being subject to any rights-of-way and
easements of record.
BI lb, 3tm0998
PARCEL "C"
That part of Section 3, Township 20 Soalh, Range 30 East, Sernindle County,
Florida being more particularly described as follows:
Commence at the East I/z4 corner of said Section 3; thence run S.00o01'22".E
along the East llne of the Southeast I/~4 of said Section 3 for a distance of
1310.8(~ feet to the Southeast corner of the North 1/2 of the Southeast l//~ of
said Section 3; thence run l',l,87ozl?'28".W along the North llne of said South I/2
of IHe Southeast I/~ for a distance oE 1472.77 feet to a paint on the Westerly
Right-of-Way line of Seaboard Coast Line Railroad, said point also being the
POINT OF BEGINNINGI
THence continue ~.89°49'28".W glong fi~e aforementioned Norlh llne of the Soulh
I/2 of the Southeast I/~ for a distance of 110.3~ feet to a point on a curve
concave Southeasterly Having ~ radius of 58~7.10 feet and a chord bearing of
5.37°23'38".W; thence run 5oulhwesterly along the era of said curve through a
central angle o{ 05°53'3~'' for e distance of 601.3~ feeIl thence run
5.3~°28"51".W for a dlstence of 180.20 feet to ~ point on the aforementioned
Westerly Right-of-Way line of Seaboard Coast Line Railroad; thence run
S.42°53'19".W dang sold Westerly Right-of-WaX llne for a distance of ~85.25
feet to a point on ~ curve concave Northwesterly having ~ radius of 4743.27 feet
end ~ chord bearing of N.37°I~'~0'LE, said point tXing on IRe Easterly Right-of-
WaX line of Lake Mary Road (50' rlghf-of-weX); thence run Northeasterly along
the arc of ~Gid curve and seid Easterly Right-of-Way line lhrougb a central angle
o{ 05°45'37'' for ~ distance of 478.88 feetl thence run N.3~o2gSl".E along said
Easterly Right-of-Way line for a distance of 16~'.12 feet to a point of curvature
of a curve conceve 5outHegsterly Having a radius of 5891~.38 feet; fi~ence run
Northeasterly along the arc of said curve through e central angle of 0~°I~'48''
end said Eesterly Right-of-Way line for e distance of 8~2.~3 feet~ thence run
N,~0°4 I'3~".E dang said Easterly Right-of-WaX line for a dlsfence ~21.3~ feet to
e point of curvelure of e curve concave SoulheosterlZ having e radius of 4~83.80
feet; thence run dang ~he arc of said curve end said Eoslerly Right-o~-WeI line
through ~ central angle of 11°~7'10'' for ~ distance of 1025.21 feef~ thence run
N.52o28'S0".E along sGid Easterly Right-of-Way line for d distance of 189.72 feet
to a poinl on a llne that lies t00.00 feet East and parallel wilh lhe East line of
the Northeast I/4 of the darementioned SectioH 3, thence run 5.00°03'51".E
along said line for a distance of P2.01 feet to ~ point on ll~e aforementioned
WastefiX Right-of-Wet line of Seaboard Coast Line Roilroed~ thence run
5,~2°53'12~'.W along said WesterlZ Right-o[-WaX line for ~ distance of 201~.02
feet to lhe POINT OF BEGINNING.
Containing 8,008 acres more or less end being subject ~oenx righls-of-,..zeX and
easements of record.
Sl(ll,,3f sLig99
PARCEL "D"
That l:xart of Secflon 3 and I01 Township 20 South, Range 30 East~ Seminole
County, Florida, being more particularly described as follows;
Commence ~t the East l/4 corner of said Section 3; thence run 5.00o01'22",E
along East llne of the Soulbeast I/~4 ol~ said Section 3 for a distance of 1371.86
feet to o point on the South line ot: the North 61.00 feet of the South I/2 of the
Southeast 1/4 of said Section 3, said point being the POINT OF BECINNIhlC·
Thence continue S.00001'22".E along said East llne of the Southeast I/4 for a
distance of 853.82 feet '1o a point on the Northerly llne of Hidden Lake, Phase 11,
Unit IV, as recorded in Plat Book 2S, Pages 66 and 67 of the Public Records of
Semloole County, Florida~ thence run S.5,0058'38".W along the Northerly line o1:
said Hidden Lake, Phase I1, Unit IV for a distance of 7,00.60 feet to the North line
of Hidden Lake, Phase 11, Unit III as recorded in Plat Book 25, Pages 64 and 65 of
the Public Records of Seminole County, Florida; thence run N.8,0oST'30".W along
the North line of said Hidden Lake, Phase II, Unit III and the North line of Hidden
Lake Phase It, Unit I, as recorded in Plat Book 24, Pages 15 through 17 of the
Public Records of Seminole County, Florida for a distance of 1233.82 feet to the
Northwest corner of said Hidden Lake Phase tl, Unit I; thence run S.2,0o54'53".E
along the \.Yesterly line of said Hidden Lake Phase tl, Unit I, for a distance of
601.56 feet to the [qortheasterly corner of Ramblewood as recorded in Plat Book
23, Page.s 7 and 8 of the Public Records of Seminole Count)', Florida~ thence run
S.60°06'21".W along the Northerly line of said Ramblewood for a distance of
1056.12 feet to the ~'~!orthwesterly corner thereof~ thence run S.8,0o56'37".W for a
distance of 866. lL~ feet to a point on a curve concave Southeaslerly Having a
radius of 1~17.02 feet and a chord bearing of N.30°36'ST".E, said point being on
the Easterly Right-of-Way line of the Seaboard Coast Line Railroad~ 1Hence run
Northeasterly along the arc of said curve and said Easterly Right-of-Way line
through a central angle of 24o32'z~3" for a distance of 6,02.73 feet; thence run
H.42o53'l,0".E along said Easterly Right;of-Way line for o distance of I~66.77
feet; thence run S.83°42'28".E along said Easterly Right-of-Way line for a
distance of 12.46 feet~ thence run N.42°53'Ig".E along said Easterly Right-of-
Way line for a distance of 868.-°3 feet to a point on the aforementioned Soutl~
line of the North 61.00 feet of the South I/2 of the Southeast I/4 of Section 3;
thence run S.8,0oz~,0'28".E along said South line for a distance of 1447.64 feet to
the POINT OF BEGINNING.
Containing 83'2072 acres more or less and being subject to any rights-of-way and
easements of record.
BI(II 3I:G i O00
PARCEL "E"- S.O. CHASE PARCEL
The South 943.50 feet of the North 1029.50 feet of the West 142.00 feat of the
Norlhwest I/4 of the Southeast I/4i
AND
The South 943.50 feet of the North I029.S0 feet of the Northeast I/4 of the
Southwest
AND
The South 120.00 feet of. the North 1149.5 feet of the Northeast I/4 of the
Southwest I/4t less the East 400.00 feet thereofF
All lying in Section 3~ Township 20 South, Range 30 East and lying East of LOCH
ARBOR, ISLE OF PINES, Section Two, as recorded in Plat Book 8, Page 63 of the
Public Records of Seminole County~ Florida.
Containing 33.736 more or less and being subject to any rights-of-way and
easements of record.
BI(I[,,3FG j 00 I
Seminole County
Water and Sewer Service Capacity Guidelines
A. Water Meter Sizes and ERC Factor
Meter Size ERC Factor
3/4" 1
1" 3
1-1/2" 5
2" 8
3" 17"
4" 30
6" ', 63
8" 80
B, Capacity Factors
Waste-
Water water
Establishment Unit GPD GPD
Residential
Single F~m~ly Dwelling Unit 350 300
Multi-Family (1 or 2 bedrooms) Dwelling Unit 275 250
Multi-Family (3 or more bedrooms) Dwelling Unit. 335 300
· Mobile Homes (1 or 2 bedrooms) Dwelling Unit 275 250
Mobile Homes (3 or more bedrooms) Dwelling Unit 335 300
Note: The above water consumption on multi-family units is
with the installation of irrigation meters, Multi-family
units without irrigation meters will be assessed a higher
usage to be determined by the Director.
Commercial
Barber/Beauty Shop Per Chair 1DO
Bowling Alley Per Lane 1DO 100
Food Service.
Restaurant Per Seat 30 30'
Restaurant/24 Hour Per Seat 50 50
Res~au~rant/Fast Food Per Seat 25 25
Bar/Cocktail Lounge Per Seat 30 30
Hotel/Motel
(not including food service) Per Bed 100 100
Laundry
Self Service Per Machine 400 400
Office Building/Shopping Centers
(without food service) Per Square ,1 ,1
·: . Foot
Stores (without food service)
Private Toilet Per Employee 20 20
Public Toilet Per Toilet 400 400
Room
Service Station
Per Bay 300 300
Per Wash Bay 960 960
Per Toilet Room 300 300
Z:XZ-.:ZBZT 'c" BKII,:, 3PGi 002
Page i
~heater Per Seat 5 5
.D..entist Per Dentist 250 250
Per Wet Chair 100 100
Doctor Office Per Doctor 250 250
Hospital Per Bed 50 50
Schools
Day Type "' Per Student 15 15
Boarding Per Student 75 75
NOTE: Capacity requirements for other types of uses will be
determined by Seminole County Director of Environmental
Service, utilizing e~tablished procedures. Such determina-
tions shall be subject to review and approval of City
of Sanford as the provider of water and wastewater service
capacity.
BI iL 3P ; 003
"Exhibit D"
Exhibit "G"
Water ARreement
THIS AGREEMENT is made and entered into this day of
, 19.. ., by and between SEMINOLE COUNTY, a political
subdivision of the State of Florida, by its Board of County
Commissioners, whose address is Seminole County Services Building, 1301
East First Street, Sanford, Florida 32771, hereinafter referred to as
"County," and , whose address is
, hereinafter referred to as "Owner."
WITNESSETH:
WHEREAS, Owner owns certain real property in Seminole County,
Florida, described on Exhibit "A" and set forth on the survey in Exhibit
"B," attached to the Utility Agreement (hereinafter referred to as "the
Property"); and
WHEREAS, Owner requires water service system to serve residential
development to be located on the Property; and
WHEREAS, ;Owner is willing to construct e Water System and other
appurtenant facilities as may be required to serve the Property and to
,convey the Water System and appurtenant facilities to the County in
return for the consider~t~ons set forth herein; and
WHEREAS, Owner has executed a Utility Agreement to which this
Agreement is attached as Exhibit "G" and together the Utility Agreement
and this Agreement (hereinafter referred to as the "Agreement") comprise
the complete and entire Water Agreement between the parties.
NOW, THEREFORE, in consideration of the premises, the parties'
mutual covenants and agreements, including the cost of constructing,
conveying and accepting the Water System as hereinafter defined, the
Utility Agreement incorporated herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties do hereby agree as follows:
Section 1. The foregoing premises are true and correct.
Bt[II- 3F:Gi
Section 2. Definitions. As used in this Agreement, certain
terms and phrases appearing herein are defined as follows:
(a) Water ~ys~.em. The term "Water System" shall refer
to and mean the construction of an on-site water transmission lines
which shall encompass the construction of a "water transmission
system from the water transmission system on to
including transmission mains, pipes,
valves, fittings and other such pertinent facilities as they are placed
in public rights-of-way or dedicated easements, excluding service
connections. All permits and engineering design and construction
contracts, plans and specifications for the Water System as and when
approved and filed with the County's Department of Environmental
Services are incorporated herein by reference.
(b) Service Area. The term "Service Area" shall mean
and consist of the Property which is to be developed and which is
described in Exhibit A of the Utility Agreement.
Section 3. A~reement t_Ro Construct and Convey. Owner agrees to
construct and ~onvey to the County the Water System and the Owner in
reliance on the representations and Warranties of County contained
herein and subject to the terms and conditions of this Agreement, agrees
to pay for a portion of't~e cost thereof upon completion.
(a) Owner will cause to be designed, permitted and
constructed, the Water System.
(b) Subject to the terms of this Agreement, the Owner will
commence construction of the Water System within four months of
execution of this Agreement and complete said construction within twelve
months of execution. If the 0whet does not complete the Water Main
construction within this time frame, the County may proceed with the
construction of said line as shown on the attached Exhibit
(c) Owner's agreement to construct and convey the Water
Main and appurtenant facilities is in addition to Owner's agreement to
construct, install and convey at Owner's sole cost and expense all other
Bl{Ib3I:'Si 005
Water transmission, collection and meter facilities necessary to provide
water service to Ownerrs Property pursuant to the Utility Agreement for
Water Service.
Section ~. Conveyance. In addition to the provisions of Section
11, Title to Installations Constructed biDeveloper, of the Utility
Agreement for Water Service, the following shall also apply:
(a) Conveyance shall be closed at the Seminole County
Services Building within fifteen (15) days of the vote to accept
conveyance by the Board of County Commissioners.
(b) Real and personal property taxes, if any, will be
prorated as of date of Closing. Any corrective instruments that may be
required in connection with perfecting Owner's title will be prepared
and recorded by Owner prior to Closing.
Section 5. Frocedures t__qoConstruction of Installations. In
addition to the provisions of Section 9 of the Utility Agreement for
Water service, the following shall also apply:
(a) Owner shall provide County with the proposed Utilities
Contractors firm name, key agents, address and brief description of
previous applicable jobs in order that the County may approve said
contractor. County's approval of contractor must be obtained prior to
the establishment of a prj-construction conference.
Section 6. Payment. County shall reimburse Owner actual costs
incurred in the construction of the Water System from the transmission
system on to Actual costs shall
include engineering, permitting, labor and materials associated with the
construction of the Water System. To be eligible for reimbursement by
the County, actual costs incurred by Owner shall be subject to review
and written consent before such costs may be incurred. Such costs may
be based on the contractor's invoices and the engineers certification of
the invoices and in accordance with cost and pay estimates and County
approvals. Payment shall be made as follows:
(s) Notwithstanding any other provision of this Agreement,
the total repayment amount shall not exceed the amount of Owner's
contract to construct the Water System together with change orders as
approved by the County in writing. The initial contract shall be
subject to prior written approval by the County prior to commencement of
construction.
(b) From the date of conveyance of the Water System to the
County, Sections 5 and 6 of the Utility Agreement for Water Service,
with respect to connection fees only, shall be superseded by the
provisions herein. In consideration of the conveyance of the completed
Water System by the Owner to the County, the County shall reserve
gpd of water capacity so as to provide the water requirements
for development on the "Property." It is expressly understood that
Owner shall not be required to pay the water connection fee credit to
the County to connect the Property to the Water System except as stated
in paragraph 6(d).
(c) County will reimburse Owner of said improvements
during construction for costs in excess of the connection fee credit of
$ Payment shall be by County warrant within 45 days of
receipt and approval of the contractor's invoices and engineer's
~ertification of the invoices in accordance with the terms of this
Agreement.
(d) In the event construction costs are less than the
connection fee credit of $ , as identified in paragraph
6(c), the Owner shall be required to pay the balance due within 45 days
of receipt of notice by County.
Section 7. Risk of LOss. Owner shall bear the risk of loss or
damage to the Water System pri6~ to conveyance and acceptance by the
County. Owner shall restore at its expense all loss or damage within a
reasonable period of time.
Section 8. approval of County. As a condition precedent to
County's obligations hereunder, the Owner shall deliver to County for
County's prior review and approval all plans, specifications, drawings,
007
financial and cost projections, construction and other contracts and
corresponding prices prepared for the Owner regarding the Water System.
Under no circumstances shall the review by the County impose on the
County any liability t~' ~he Owner for faulty design or construction of
the Water System. It is acknowledged by the parties that the County
review contemplated in this Section is only for the purpose of
determining the operational acceptability of the l~ter System and for no
other purpose whatsoever. Nothing in this Section shall relieve Owner
of its obligations under the Utility Agreement or under applicable
County regulations and procedures.
Section 9. Access to Site. The Couaty shall provide to the
Owner rights of access and easements over property belonging to or
controlled by the County for installation of the Water System as
required for the completion of the approved Water System and in
accordance with the approved Plans and Specifications. County
Development Fees, including underground utilities fees and right-of-way
use fees, shall not be waived by this Section.
Section i0. Operation and Maintenance. From and after the date
of transfer, the County shall be responsible for operation and
'maintenance of the Water System and shall assure service to all present
and future connections tO'~the Property; provided, however, the County's
obligation shall be consistent with and not greater than the County's
obligation to provide such water service to the public generally.
Section ll. Indemnification. Owner agrees to hold harmless,
indemnify and defend the County, its Commissioners, officers, employees
and agents from and against any and all claims, losses, damages, or
lawsuits for damages, includi~g'-any and all court costs and attorneys
fees arising from or related to the performance of this Water Agreement
between Owner and the County.
Owner further agrees to hold harmless, indemnify and defend the
County, its Commissioners, officers, .employees and agents from and
against any and all claims, losses, damages or lawsuits for damages
resulting from:
(i) Any misrepresentation of a material fact contained in this
Agreement or any of the exhibits attached hereto;
(ii) Any breach"o~ warranties made by Owner pursuant to this
Agreement.
Section 12. County's Liability. Notwithstanding everything
contained herein to the contrary, Owner understands and agrees that the
obligations of the County, including but not limited to the payment of
the purchase price to be made hereunder to owner shall not be deemed to
be or constitute a pledge of the full faith and credit of the general
revenues, including non-ad valorem tax revenues of the County.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
Signed, sealed and delivered
in the presence of:
By:
Date:
ATTEST: BOARD OF COUNTY CO~4ISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
DAVID N. BERRiEN, Clerk to the FRED W. STREETF~N, JR., Chairman
Board of County Commissioners
of Seminole County, Florida. Date:
For use and reliance of Seminole As authorized for execution by the
County only. Approved as to Board of County Commissioners in
form and legal sufficiency. their , 19 ..... ,
regular meeting.
County Attorney
009