643-Second Amendment SECOND AMENDMENT TO JOINT PARTICIPATION AGREEMENT
BETWEEN CITY OF SANFOE, CITY OF LAKE .MARY AND SEFAINOLE COUNTY
PROVIDING FOR POTABE WATER AND RECLAIMED WATER DISTRIBUTION
THIS SECOND AMENDMENT is made and entered ay of
~A,~ , 2001 and is to that certain Agreement, as amended,
made an ntered into on the 2:~ day of December, !996 beEweeD the CITY
OF LAKE MARY, a Florida municipal corporation whose mailing address is ca~
Post Office Box 959700, Lake Mary, Florida 32795-0700, hereinafter c
referred to as "L~.KE MARY," the CITY OF SANFORD, a Florida municipal CD
corporation, whose mailing address is Post Office Box 1788, Sanford, ~
Florida 32772-1788, hereinafter referred Eo as "SANFORD," and SEMINOLE
O- ·
COUNTY, a political subdivision of the State of Florida, whose address
is Seminole County Services Building, !101 East First Street, Sanford, /9
Florida 32771, hereinafter referred to as "COUNTY."
WITNESSETH:
WHEREAS, LAKE MARY, SANFORD, and COUNTY entered into the above-
referenced Agreement on December 2, 1996, as amended on December I0,
1998, for the construction and improvement of poEable water and
reclaimed water distribution infrastructure related to the Rinehart
Road and Heathrow areas of Seminole County, Florida; and
WHEREAS, the parties desire to amend the Agreement so as to
reduce groundwater withdrawal from the Floridan Aquifer in Seminole
County by expanding reclaimed water use in lieu of potable water for
irrigation. Certain areas such as Rinehart Road Corridor and Heathrow
International Business Center {HiBC) have high water demand for
irrigation. The parties propose to increase r. he capacity of the
Sanford Water Reclamation Facilities in order to reduce groundwater
withdrawal, meet the high demand for water and conserve limited high
quality groundwater supplies in Seminole County for Ehe future; and
CERTIFIED COPY
MARYANNE MORSE
CLERK OF CIRCUIT COURT
jE NOLE UNTY, ~O~
B
1 TY ERK
W~EREAS, SKNFORD has received a St..Johns River Water Management
District Consumptive Use Permit to withdraw water from Lake Monroe to
supplement their reclaimed water supply, provide additional water
supply, augment the reclaimed water system and meet peak irrigation
demands; and
WHEREAS, the United States Environmental Protection Agency
(USEPA) granted SkNFORD funds in the amount of ONE MILLION SEVEN
HUNDRED THIRTY-NINE THOUSAND TWO HUNDRED THIRTY-FOUR AND NO/!00
DOLLARS ($1,739,234.00) for a program to supplemen~ S~NFORD'S
reclaimed water supply and reduce groundwater withdrawals in Seminole
County; and
Ta~, S}SFORD plans to utilize the USEPA Phase I grant funds to
add filters and a pump station at S/kNFORD'S Water-Reclamation Facility to
withdraw up to 3.65 million gallons per day (MGD) of water from Lake
Monroe to supplement the reclaimed water supply. Phase I of the project
began construction in Fall 2000 and commence operation prior to Fall
2001. S~NFORD proposes to utilize the USEPA Phase II Grant Funds to
further expand the withdrawal capacity from Lake Monroe to a total
withdrawal capacity of 7.3 HGD. The current capacity of S/kNFORD's Water
Reclamation Facility is 7.3 MGD. Combining the current reclaimed water
with the supplement of up to 7.3 MGD from Lake Monroe results in a
significant flow available for the reclaimed system; and
WHERP_a~S, the Agreement, as amended, provided for construction of
a sixteen inch (16") reclaimed water main along County Road 46A from
its connection point at County Club and Sunset Boulevard to the
Rinehart Road intersection to deliver a peak flow of 750,000 gallons
per day (GPD) of reclaimed water to the COUNTY and a peak flow of
150,000 GPD of reclaimed water to LAKE ~v~ARY at approximately 50 pounds
per square inch (psi); and
WI4EP, EAS, LAKE }4ARk' shall pursue all_rRasonable avenues including
rate adjustments and/or incentives, reduction in required minimum
daily flows and as a last resort the investigation of taking legal
action and/or termination of reclaimed water service to encourage
Scratch Golf (owner's of the Timacuan Golf Course) to construct a
holding pond at the Timacuan Golf Course for storage and distribution
of reclaimed water to serve the Timacuan Golf Course; and
WHERE/~S, additional reclaimed water flows are now available and
the parties desire to improve the reclaimed water system to deliver
additional reclaimed water flows to County Road 46A and the Rinehart
Road Corridor at a maximum pressure of 70 psi and to HIBC at a maximum
pressure of 65 psi; and
WHEI~EAS, the parties propose to use a }oTtion.e~ USEPA Phase II
grant funds to install a 2.0 million gallon (MG) storage tank and re-
pump station near the Mayfair Golf Course to supply the additional
reclaimed water flows; and
WHERF~AS, the parties agree to provide a total of forty-five
percent {45%) in matching funds, as the USEPA grant requires, in
addition to paying the engineering fees for the project, resulting in
a total program cost of FOUR MILLION TWO HUNDRED SIXTY-THREE THOUSAND
EIGHT HUNDRED NINETY-THREE AND NO/100 DOLLARS {$4,263,893.00); and
WI4E~, the parties desire to amend the Agreement so as to
enable the parLies to continue to enjoy the mutual benefits it
provides; and
WHERF3~S, COUNTY and LAKE MARY recognize that S/UJFORD shall not
be in default in the event SANFORD cannot satisfy the requirements
imposed by this Agreement Arnendment in a timely manner due to
exceptional circumstances such as a directlye by Flori.da Department
Environmental Protection (FDEP), United States Environmental
Protection Agency (USEPA), the Health Dep%rtment, or other emergency
situations.
WHEI{EAS, Section 23 of the agreement provides that the Agreement
may not be amended except by written instrument equal in dignity
herewith and executed by the parties to be bound thereby,
NOW, THEREFORE, in consideration of the mutual understandings and
agreements contained herein, the parties agree to amend the Agreement
as follows:
1. The recitals set forth above are true and correct, and are
incorporated herein.
2. Subsections 3 (d) (e) and (f) of the Agreement are amended to
read: ~-
Section 3. Parties responsibilities.
~ + + + + + ~
(d) SANFORD shall perform or cause to be performed the design,
permitting, construction and provision of CEI services for the
reclaimed water augmentation projects as described in Exhibit A-i,
attached hereto and incorporated herein. The total costs of the
projects are FOUR MILLION TWO HUNDRED SIXTY-THREE THOUSkND EIGHT
HUNDRED NINETY-THREE ~D NO/!00 DOLlaRS ($4,263~893.00). SANFORD
received an USEPA grant in the amount of ONE HILLION SEVEN HUNDRED
THIRTY-NINE THOUSAND TWO HUNDRED THIRTY-FOUR AND NO/100 DOLI3kRS
($1,739,234.00). The USEPA grant requires a minimum of forty-five
percent (45%) locally funded match. The parties hereby agree to fund
the sum of TWO MILLION FIVE HUNDRED TWENTY-FOUR THOUSAND SIX HUNDRED
FIFTY-NINE AND NO/100 DOLLARS ($2,524,659.00) as the local share of
the project costs The costs of the desigD, permitting, construction
and provision of CEI services for reclaimed water plant expansion and
improvements, ground storage tank and re-pump station, including all
appurtenances, shall be shared by the parties. The local shares funded
by SANFORD, COUNTY and LAKE MARY shall be paid based on the pro rata
share of flow projected to be received from the reclaimed system by
each party, and are set forth in Exhibit A-1. LAKE MARY and COUNTY
shall reimburse SANFORD based on actual costs incurred for the
project. The costs shall be divided in accordance with the
percentages reflected in Exhibit A-1. If the bid amounts received by
SANFORD exceed the estimates shown in Exhibit A-I, the bid award for
' these projects shall be subject to approval by COUNTY and LAKE
SANFORD shall provide notice of the bid awafd'~o the'-other parties at
least thirty (30) days prior to bid award by SANFORD. Neither LAKE
MARY nor COUNTY shall unreasonably withhold approval of the bid award.
(e) SANFORD shall allocate a maximum flow of 2.75 MGD to COUNTY
through the COUNTY'S Master Meter and a maximum flow of 1.2 MGD to
LAKE MARY through the Rinehart Road Corridor. The specific flow
allocations are set forth in Exhibits B and C, attached hereto and
incorporated herein. The delivery of these flows is contingent upon
LAKE MARY requiring Scratch Golf to build a storage pond for delivery
of 400,000 GPD of reclaimed water from LAKE MARY. The delivery of
these flows is further contingent upon the COUNTY upsizing the sixteen
inch (16") reclaimed water main on County Road 46A to a twenty inch
(20") reclaimed water main and installing a sixteen inch (16")
reclaimed water main on international Parkway from County Road 46A to
Lake Mary Boulevard.
(f) SkNFORD shall provide the aforementioned amounts of
reclaimed water to COUNTY and LAKE Y~RY at the reclaimed water price
of TWENTY-FIVE CENTS ($0.25) per thodsan~ gallons. Rates may be
adjusted from time to Time in accordance with rate changes for other
SANFORD reclaimed water service customers. SAWFORD shall bill the
COUNTY on a monthly basis for the amount of reclaimed water delivered
to the COUNTY based on reading the reclaimed water meter located in or
near the twenty-five foot (25') easement at the south boundary of the
Postal Distribution Facility at Rinehart Road as described above.
SSuNFORD shall bill In%HE ~M~RY on a monthly basis for the amount of
reclaimed waner delivered to L~KE NL~RY based on reading the reclaimed
water meter located at or near the intersection of Rinehart Road and
County Road 46A, as described above, less the amount delivered to the
COUNTY as described herein. The readings for the meters above shall
be recorded by SAi~FORD within one-half (1/2) 'h6hr of each other on the
same day.
3. Exhibit A of the Agreement dated Decemller 2, 1996, is
deleted and Exhibit A-1 attached hereto is substituted therefor.
4. New Exhibits B and C are attached hereto and incorporated
herein.
5. Except as herein modified, all terms and conditions ef the
Agreement dated December 2, 1996, as amended on December 10, 1998,
shall remain in full force and effect for the term of the Agreement,
as originally set forth in said Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument for the purposes herein expressed.
6
ATTEST: RITY OF SANFORD
pAN~T UGHERTY~ity erk ' BRADY LESS D,~/or
(CORPORATE SEAL) Date:
7
ATTEST: CITY OF LAKE MARY '
CAROL A. FOSTER, City Clerk iiHO~vLAS r
f . ,
(CORPORATE SEAL) Da : "' '
ATTEST: BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORDA
SE ' D"'ICK VAN DER WEIDE, CHAIRMAN
County Commissioners of
Seminole County, Florida. DATE: ~f, ,~F' ,YO0 /
For the use and reliance of As authorized for execution by the Board
Seminole County only. of County Co 'ss'oners at their
Approved as to form and legal a~
sufficiency. Regul eeting.
' --v- .
County Attorney
3 Attachments
1. Exhibit A-1 - Reclaimed Water Augmentation Costs
2. Exhibit B - Reclaimed Water Allocation
(SANFORD, LAKE MARY, COUNTY}
3. Exhibit C - Reclaimed Water Allocation
(LAKE MARY, COUNTY)
10
EXHIBIT
Reclaimed Water Augmentation Costs
~ Locally Grant: Total
Project ~ Project Description Funded Funded Project
Portion Por6on Cost
Phase I
WRF · DynaSandFilters $598,823 $593,177 $1.192,000
Improvements · Chemical Feed Systems
Flow Capacity = , Flow Splirter Box
3.65 MGD · Portable Diesel pump
Engineering cost (design + CEI) $166,880 $166,880
Pilot Plant Study (Cit/ofSanford Fended) $129,568 $129,568
Subtotal S895,271 $593,177 $1,488,448
Phase It a
WRF [ · Lake Augmentation Pumping
Improvements Station
Flow Capacity = , Reject Cladtier & Pumping '""
3.65 MGD System
· DynaSand Filters
Engineering cost (design + CEI) $179,421 $179,421
Subtotal $823,244 8637, 753 81,460,997
Phase II b
Pumping Station · 2.0 MG Ground Storage Tank ~ $513,142 $508,304 $1,021,446
· Re-Pump station and associated
piping at Mayfair Golf Course
Engineering cost (design + CEI) S143,002 $143,002
Land Cost $150,000 $150,000
Subtotal 8806,144 $508,304 $1314,448
Phase I and II TOTAL
Reclaimed water augmentation opinion of probable i $2,524,659 $1,739,234 $4,263,893
construction and engineering costs
SANFORD: 100% Phase I + 16% of Phase ii a = $1,030,599
SEMINOLE COUNTY: 55% of Phase II a + 66% of Phase II b = $980,351
LAKE MARY: 29% of Phase Ii a + 34% of Phase II b = $513,709
TOTAL $2,524,659
Costs identified herein are additional costs to the original agreement and first amendment.
EXHIBIT B
Reclaimed Water Allocation to SANFORD, LAKE MARY and COUNTY
Day Night CREDIT FROM Total
AGREEMENT
MGD MGD MGD MGD
SANFORD 0.60 0.60
Subtotal 0.60
LAKE MARY
Rinehart Rd 0.50 0.70 - 0.15 1.05
Subtotal 1.05
COUNTY
Heathrow Golf Course 0.70 0.70
HIBC 0.50 0.50
Grantline Rd 0.70 0.70
LAKE MARY Blvd 0.75 0.10 0.85
- 0.75 - 0.75
Subtotal 2.00
Total 3.65
Flow % to SANFORD = 16%
Flow % to SEMINOLE COUNTY = 55%
Flow % to LAKE MARY = 29%
EXHIBIT C
Reclaimed Water Allocation to LAKE MARY and COUNTY
Day Nig3nt (TOTAL)
6 a.m. to 6 p.m. 6 p.m. to 6 a.m.
LAKE MARY
Max flow gpm 695 970
Max voltm~e gal 500,000 700,000 (1,200,000)
COUNTY
HIBC/Grantline/Lake
Mar,/Blvd
Max Flow gpm 1040 1,800
Max Volume gal 750,000 1,300,000
Heathrow Golf Course
Max flow gpm 970
Max Volume gat 700,000 (2,750,000)
Master Meter Pressure
Day Night
6 a.m. to 6 p.m. 6 p.m. to 6 a.m.
Lake Mary Master Meter ' 70 psi 65 psi
Seminole County Master Meter 70 psi 65 psi