The URL can be used to link to this page

Home My WebLink AboutCity of Casselberry - Facility Plan Addendum -1985 02 26CASSELBERRY AND WINTER SPRINGS FACILITY PLAN ADDENDUM JANUARY 1985 Conklin, Porter & Holmes - Engineers. Inc. P.O. Box 1976 Sanford, Florida 32'772-1976 ADDENDUM TO THE CASSELBERRY AND WINTER SPRINGS FACILITY PLAN 1dFdX4'._ The Orlando Easterly 201 Amendment has been changed in nave to the Casselberry and Winter Springs -Facility Plan. Preliminary copies of the facility plan were distributed to the FDER local office, the FDER Bureau of Wastewater Management and Grants, the City of Casselberry, the City of Winter Springs, the City of Orlando and the South Seminole North Orange County Wastewater Transmission Authority, This addendum covers the areas of concern from each of the agencies listed above. Existing sections are amended with a note as to the section number in which the changes are located. POPULATION DATA It was noted by the FDER office in Tallahassee that the population figures utilized were from the 1977 population data from the Original 201. An amendment number b was approved in 1981 which updated the population figures. We compared the original 201 (1977) population data with amendment 6 and found a difference of approximately 20,000 persons for the entire planning area. This amounts to less than a 4% difference. It should be noted that the growth in the Cities of Casselberry and Winter Springs is consistent with that shown by the 1977 data. We also compared the 1977 population data to recent 1984 population projections from the East Central Florida Regional Planning Council. We found no significant change in population between these two documents. We utilized the approved 1977 population data for planning purposes. SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS In Section 1.3 Recommendations paragraph 2, second sentence insert the following between Orlando and in: "or any other agency described herein" and the following between AWTP and further: "or any other facility." EXISTING FACILITIES Seminole County (Section 4.2.7) operates a facility mown as Consumer Utilities. The County has plans to upgrade this facility to a capacity of 3.0 MGD and does not intend to stop at the 1.3 MGD capacity as previously shown. Because this will reduce the amounts of flow ultimately directed to Iron Bridge, Alternative III will remain the most cost effective solution for the planning area. SERVICE AREAS The mini -service areas inside Casselberry and Winter Springs are shown in Figures A-1 and A-2. The service areas were established by examining the existing sewer systems and routing the flows accordingly. The populations of the areas are shown below in Table A-1 . TABLE A-1 POPULATION DATA Winter Springs West 10,742 to Plan at Iron Bridge Casselberry - Phase I Phase II Iron Bridge 5,020 1990 1995 2000 2005 1 3, 057 1 5, 372 1 2, 893 1 4, 837 5,497 9, 733 11 , 036 1 2,1 83 21,117 25,758 28,513 30,908 35,273 ALTERNATIVES r In addition, the alternatives discuss the routing of excess flows from the Winter Springs West service area to an expanded Iron Bridge Regional Facility. The City of Winter Springs will continue to search for other treatment and disposal options in the event that capacity at Iron Bridge is not available. The alternatives presented herein are based on an implementable cost effective program. The disposal of the generated effluent is the key point in all the alternatives. The capacities presented herein are based on an assessment of available disposal sites that are accessible to the various agencies at the current time. Note: This is to be added to the end of Section 6.1 General. EXISTING AGREEMENTS In the text, it is mentioned that additional disposal capacity for expansion of the City of Winter Springs system relied on existing signed developer agreements for effluent take -back. Copies of these agreements are attached for review. In addition, copies of the interlocal agreements between the Cities of Casselberry and Winter Springs and the City of Orlando are attached. LAND DISPOSAL SITE'S City of Winter Springs The following additional comments should be added to Section 8. 2. 2 A number of effluent disposal sites were considered for use by the City of Winter Springs. The sites were analyzed with respect to the amount of land available, soil composition, location with respect to the treatment system and the ability of the City to obtain the lands for use. Few sites could meet the criteria due to the unavailability of large tracts of suitable land required for an effluent disposal site. Available land tracts in the area of the Winter Springs wastewater T=reatment facility are limited. Most of the usable land is developed. The remaining tracts consist of poorly drained, low and often swamp -type soil groups unacceptable for an effluent disposal system. The former owners of the Winter Springs facility examined the possibility of additional percolation ponds constructed near Lake Talmo. They proceeded with condemnation proceedings but after a number of years in court, the suit was dropped. The City purchased a site near the golf course for the construction of percolation ponds and in addition separate two developers are providing tracts of land for disposal. Site 16 is one of the last remaining pieces of land available for purchase that is suitable for effluent disposal. In comparison to fair market value prices of other pieces of property in the area, the $7500 per ,acre is a very fair price. The Dayron percolation pond site cost the City $25,000 per acre and a site that is being donated to the City via the developer agreement and is adjacent to Site 16 was purchased for $20,000 per acre. The DER has recommended that a salvage value for the land be considered in the cost analysis. The following is a revised cost analysis utilizing salvage value at the end of 20 years. Initial purchase price: $277,500. Salvage value after 20 years $277,500 = $58,175.56 Present worth @ 8.125% 277,500 - 58,175.56 = $219,324 Lease 20 Years x $2,800 x 12 months = 672,000 Present worth @ 8.125% = $326,843.57 The purchase is the most cost effective solution. City of Cassel berr A number of effluent disposal sites were considered for use by the City of Casselberry. The sites were analyzed with respect to the amount of land available, soil composition, location with respect to the treatment facility and the ability of the Ca ty tV obtain the lands for use. Few sites existed that could meet the criteria due to the unavailability of large tracts of land required for an effluent disposal site. A site next to the existing percolation ponds was studied. A soils investigation of the area concluded that a subsurface clay layer would limit the amount of treated effluent that could be percolated_ Since the available disposal capability of this site was unacceptable, it was not considered for effluent disposal. The Deer Run golf course was also investigated as a possible site for effluent disposal. At this time, however, the site is not available. The Casselberry Golf Course was determined to be the best location for an effluent disposal system. The site is relatively close to the Casselberry sewage treatment plant and the soils are acceptable for effluent percolation. It is a large tract of usable land and it is available for lease by the City. EXISTING NEEDS DETERMINATION City of Casselberry The eligibility determination for the City of Casselberry is based on a modification to our existing plant and the State program. The formula used is the following: b/c x 100 = f where : " = design capacity bused on existing needs (mgE, c = design capacity of proposed project (mgd) f = percent eligible The existing needs of Casselberry are based on the population/flow which exists two months after the target date (for Fiscal Year 1984, use 1985 population projection). The Casselberry service area for Phase I and II has existing population of 7,5.57 persons. The nonexcessive I/I in the City of Casselberry was determined to be approximately 85 gpcd. Therefore the average daily flow is 0.64 MGD. The design of the Phase I components is 0.6 MGD. The percent eligibility is: 0.64 x 100 = 107% 0.60 The design of the effluent disposal systems can be considered as an expansion and would use the following formula: b -a x 100 = f c_a where: b, c & f = are as shown above a s design capacity of existing system (mgd) Therefore the eligibility is: .644 a .175 x 100 _ 109% Full eligibility is sti l l available for this project. City of Winter Springs The eligibility determination for the City of Winter Springs is based on a modification to an existing facility and the State program. The formula used is the following: b/c x 100 = f where: b = design capacity based on existing need (mgd) c = design capacity of the proposed project (mgd) f = percent eligible The existing needs of Winter Springs are based on the population/flow which exists two months after the target date (for fiscal 4iear 1984, use 19085 population projection). The Winter Springs service area has an estimated existing population of 10,742 persons. This population includes some areas that are currently served by Septic tank systems. These areas will be brought into the sewer system as required and Necessary.. The non -excessive I/I for Winter Springs was determined to be approximately 90 gpcd. Therefore, the existing needs average daily flow is 0.97 MGD. The design of the Winter Springs components is 1.5 MGD, The percent eligibility is: 0.97 x 100 = 55% 1.50 However, some portions of the proposed program are only for existing needs such as the purchase of Site 16 and upgrading the effluent pump station and the forcemain to the Dayron percolation ponds. These items are 100% eligible because they are necessary to meet the existing needs of the community. User Charge A Modification of the user charges shown in the body of the report for Winter Springs is required. The following is the revised schedule: Sewer Base Facility Charge User Charge (based on water consumption) 1987 Customers Base facility charge revenue ( 381 7 x $6.65 x 12 months) Estimated Debt Service _ Sewer Estimated 0&M - Sewer (Proposed project & existing) Revenue Generation System (Required by the State) Revenue Required over Facility Charge $6.65/month 2.59/1000 gal $304,596 $417,540 639,230 60;904 1,117',670 $813,073 Water Consumed (charges based on water consumption) Average user = 8,000 gallons/month 3817 ERU x 8,000 gal/mo/ERU x 12 x 1 = 366,432 (1,000 1,000 gad gal/yr) $813,073 = $2.22/1,000 gallons 366,432 Rates would not need to be increased. The increased number of customers would compensate for the increased expenses. CASSELGERRY INTERLOCAL AGREEMENTS E 4 CITY or O;ZLANDO/CRS::LBLRRY X_rrrr:r,r:r>vF.l�tiyr:,iTAL Ar;1" r:Ar:rjT p w 9 P 4 0 w A• P w p P p P P a p A 4 A tr P p P w THIS AGRIJ,:1ENT, Nj,j. and cntcrpf] into this a -Z& day of 19'1V, by and ba'tw.-en the CITY Or' OPLANDO, a municipal Corporation C,nized and Cxistinfl under the lows of the :'state of Florida, hereinafter referred to as "OTkj,Ntn;0,1" and the CITY OF CASSL:LDERRY, FLORIDA, a municipal corporation organized and exit;ting under the lavas of the State of Florida, hereinafter referred io as thr- "AGENCY." WHERL:AS, the CITY OF CJRL11 MO has a nrant AgrCement wit4t the united States Environmental Protection Agency (EPA) for preparation of plans and Specifications for a regional Wastewa':NT Treatment Facility, which facil.iLy is to serve OTt1,AtMO and the AGENCY, an well ns other f#nvPrnmental agencies; and 4tHEREA5, ORLANDO is the lead applicant in the ptoceso of completing the 201 Facility Plan Mork for the wos:Pewater facility as it pertains to the t,GENCY, as well as other governmental agencies; and WHEREAS, the AGENCY wishes to participate in the 201 Facility Plan Work as it pertains to the AGENCY. all of which is described ;n t_hc n ached copy of the 201 Grant Application; ane 6REREAS, in order to complete all work necessary under the 201 Facility Plan in a timely manner so -as to comply with £ph time requirements, work done by the RG NCY must be completed on or before the dates indicated in the attached schedule. W 1 T N F S S F T ii : 1, 201 FACILITY PLAN WORK. a. The AGENCY agrees, at ic,, expanse, to do or to have done by its consultants the work described in the attached 201 Grant Application. Such work shall be completed in a manner in compliance with federal regula- Cions, and the individual elements of such work shall be completed and SLLbmitted to ORLANDO in a Corm, meeting federal roqulations, on or before the date specified therefor in the attzched exhibit. b. Tn th,, ry-nt any work to be completed by the AGENCY is not completed in compliance with frderai regulations, is not submitted in a form meeting federal regulations, or is not sni,mitted to ORLANDO on or before Hat.(, such w, rk element i-: rtu,• tr, ix• r:ubmit too tr, 01,i ANi1(,, why ch f ai111rr r,r fnilu r,, • ,, r r. th,� iI[rr,t re• r.(,r,W, it, I) it. y of the ArrNCY; the -r,, and its that evert , L) A`A'tjrY nr;rr•r t tent the f,ortir>r, of the 201 }'a, -i) it Plan heretofore prepared by ORLAN40 corrc!4pond i ng Ln f;uch work which was nut propitrly ur Llrll.1y c:u :j.lctcd i,y Lhe AG:,NCY .•i a.l W1,<.iurivtly be. deemed acceptable to the Af:CNCY And shall be submitted by ORLANDO as a 'Ad ai>l,licant's total 201 Facility PJAn1 The AGENCY also portion of the l agrees that in the event it fails to properly or timq)y comp)cte a portion of the 201 Facility :Jan, it will reimburse ORI.A1`(1D for s )1 },rov.,b)e additional expenses incurrred by ORLANDO for additional work by r1Pi.At'nn or its consctltants resulting directly from such failure of the AGLNCY and not others. c. Failure of tier AGENCY to properly or timely complete any wort: c1cm,,nt shall not impair its rights to participate in nny nthcr work element as described in the attachec) schedule. 2. IMPLEMENTATION PLAN. Both ORLANDO and the AGENCY agrPc to r,cgot:,,te in cjo+, faith wirl, other g0ve1_nm.rntal cr.+.ides invnlve0 in the 201 Facility Plan to develop an implementation plan which will be the most beneficial and co -,t effective for all the governmental entities involved, and will be in accordance with all the provisions of Public Law 92-50(3. 3. CASE FLOW. a, The AGL,tvCX agrees to submit to the EPA, through the City, requests for payment for work completed under the 201 Facility Plan in accordance with the attached 201 Crant Application a, approved by EPA, and in a form `•which complies with fedcral rcqulai:ions,. b. ORLANDO agrees to submit applications to EPA for payment in ,accordance with requests received purnuant to suhparaciraph A. above, such applications to be submitted by OR1,At1©O at least once each month. c. No later than fifteen (15) d.cys following receipt of funds from EPA for payment to the AGENCY, C7LANDO shall transmit such funds to the AGENCY. ORLANDO shall have no duty to deliver any funds to the AGENCY unless and until such funds are delivered t.o OPLA*,00 by EPA for the account -2- SIX-C-33 Of the Ar.i'NCY. d. OR1.ANDO's duty to transmit funds to the AGENCY as herein providod is to be con•:trucri an an obl igaLlon perLon,jl to the AGT:NCY Anti shall be enforceable only by the AGt;NCY or eny state or federal govern- mental agency involved in the protect. Such duty to transmit funds shall not be construed as creating any rights against the CITY CSF ORLANDO in favor of any consultant nr contrartor cmployrod by rhr AGENCY or any other governmental agency. 4. CHANGE IN SCOPE. In the event the AGENCY wishes to change the scope of the work described in its application (attached as an exhibit hereto), the AGENCY shall immediately notify ORLANDO in writing. ORI,TANDO agrees to submit such proposed changes to EPA for its review and determination As to wheth.,r such change; are feasible eonsid^ring all relevant time and project restrictions. The AGI:,CY agrees to pay all direct costs incurred by OR1,4N DO for revising the said grant app3iration. Upon being notified by EPA of SPA'S determination as to the feasibility of such proposed changes, ORIA NDO will promptly notify the A(,MSCY of the determination_ 5. HOLD HARMLESS. The AGENCY hereby agrees to indemnify and save harmless the CITY OF ORLANDO, its officers, agents, consultants, and employees from and against any and all liability, claims, demands, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including attorney's, fees and attorney's fees on appeal, of any kind or nature arising or growing out of or in any way connected with any and all acts of omission or commission of ar by the ACFNCY, its officers, agents, consultants, or employees when acting pursuant to lawful authority. The ACENCY agrees that in the event an audit or review of the project or any portion thereof is performrrl by the f;PA, or by any other federal or state agency and such audit or review results in it demand for a refund of any monies paid to the AGrNCY through ORLANDO, the AGENCY agrees to refund any such sum of money finally dcterminnd to be due to the federal govern - went and agrees in such a case to indemnify and hold ORLANDO harmless in thr. rnanIIfr l;ft OUT in tl�r• jYr•rrlisrrl rrnlr',ncc. 3N WIINESS WI ICP,FOI', the rort.ir _ hrrrta trove caurrri thin Agreement to be duly executed by their authori:.F } roprr,.rnt at ives aF, of the data first above 5written, i PNO7-'D aso form and legality, j Cit Orlando, Flori6a CITY OF ORLNNOO, a municipal corporation 1 11011 Atre� G;;ACI A. Cllm-r4mG, City Clerk r CITY OF CASSEI.TBERRY, FLORIDA, a iminicapa] corporation G. K. CHR1SZ1',NSF:N, Mayor Attest-: Litip. TI61A5, Actiriy Ca ty Clerk •r -4- f. Arx)T',Nmm TO 1ri'TliitCJVr:RNMT-J4TA1, i�1'i�at,!;ta CAS:t:i,Y�I-nttY f J,O�t,r�n AND g'!tE C11'Y U1' trtil.l�N�U, FLO1t! DA Till-, A116)"N"rx3M, made Ant] ent.cred into this clay of Nnvember, 197c3, by and Letween the City of Orlando, Florida (hcrciniftcr rcfcxreti to as "Orlando°`) , incl theVCzt of ^Casscll,erry, i'lori.da,----J_�.___. �...__.�.__.�__ (hcrF•in;aitc�i somRl.ir,�cs referred to aj "Agency'), 'k WIT11ESSET'11 TBAT. WHEREAS, Orlando and Agency entered into an Intergovern- mental Agreement dated November 17 1977 regarding the conduct of a Facility Plan study with respect to a regional sewage treatment facility to be known as the Iron Bridge Plant; and WHEREAS, Orlando and Agency executed an Amendment to the said Intergovernmental Agreement for the purposes of approving and accepting the Facility Plan, and making other covenants with respect to implementation thereof.; and WHEREAS, provi,si.on was made in 11 8 of the said Amend - went for the parties to negotiate in good faitlj to reach agree- ment as to criteria for the charges to be paid by Agency to Orlando, and to establish a cojrmi.tment by Agency to deliver wastewater to the Iron Bridge Plant; and WHEREAS, the parties have executed this Addendum to record their agreement as to criteria for the charges to be paid by Agency to Orlando, and as to Agency's commitment to deliver wastewater to, and Orlando's duty to construct the Iron Bridge 4 Plant, and to record their agreement upon the other matters hereinafter recited; and W11FREAS, provision has been made for Simultaneous eye- cution hereof by Agency and by South Seminole and ltarth Orange Wastewater Transmission Authority (,,the Authority'°), and for the assignment hereof to the Authority to facilitate the Authority's accession to all of the rights inuring to, and duties accepted by Agency herein, upon the conditions tsc,reinz —r stated; NOW, 1'E1d',Risf`C1n, In conslavration Of thur Mt2tllal cove- nants hereinafter recited, the partiou hereby azgroe as follows-. 1. Agency agrees to connect to tht= Iron Dricltjc Plant, and commence the flow of eewage to it on or before April 1, 19BI. Ttre initial flow to be delivered by Ardency to the Plant will be not less than 2.5 MGD. Orlando agrees that the iron t:ridge F'dant will be constructed by the date hcreinabove speci- fied at least to that. degree of completion which will enable e Orlando to accept aid treat Agency's said flow of sewage. Neither party shall be deemed to be in violation of this provi- sion if, notwithstanding diligent efforts on its part to do so, it has been prevented by circumstances beyond its control from completing the work herein contemplated by the date specified. 2. The following meanings shall be ascribed to the terms listed below .for purposes of this Addendum: "Committed flow" shall_ mean the average daily flow, expressed in millions of gallons per day (MGD) which Orlando agrees will be available at the iron Bridge Plant, subsequent to the completion thereof and throughout the tern of this Addendum, for treat- ment of sewage collected within Agency's retail sewer service area. "Contracting Entity" shall mean Agency and any other governmental unit (other than Orlando), or GenQral Waterworks Corporation which shall have entered - into counterparts of this Addendum prior to November 17,, 1978. 0 "The Bonds" shall mean the $22 million of Sewer Revenue Ponds, Series 1978, heretofore issued by 9 Orlando, A schedule of payments due under the Bonds e is attached hereto as Exhibit A. "Common Facilities" shall mean the Iron Bridge Plant and the interceptor from the intersection of i-cCulloch Road and Dean Roar] to the heaclworks of the Plant, togcther wWi all land, easements, cquipmcnt, 31/10/78 �uildinga, End anther improvcm nts sttcsched Or appur- tenant. thereto, *Corwnori racilitics Dcl)t Service" r,33all mean that -portion of the payments due under the Bonds ns is attributnblc to the Common Facilities, and is to be determiriud in. the manner ,tated belc)%r. 3, Agency hereby r0gkIests, and Orlando hereby agrees to reserve for 7,eyoncy a Committed FIOW Of X 2.75 MCD. (The number to be inserted.shall not be less than the average daily flow collected within Agency's sewer service area during the fiscal year ending September 30, 1978, and shall not be greater than Agency's anticipated 19BO average daily flow as shown in Table 3--1, Appendix VIII -A-10, Volume III, Technical Appendix of the Facility Plan.) This Committed Flow shall not be sold, sublet or assigned by Agency in whole or in part. Subject to the provisions appearing hereinbelow, the amount of Agency's Committed Flow may not be reduced by Orlando except with the prior written consent of Agency and on terms acceptable to it, so long as Agency shall be in compliance with all of its obligations herein- above and hereinafter set forth. Orlando hereby reserves to itself 'aL Committed Flow of MGD. /&ty- 4. The Common Facilities Debt Service shall be dc -ter - mined in the following manner: (a) Orlando's unreimbursed cost of professional fees and other costs incurred prior to September 18, 197B, attributable to the Common Facilities, and its cost in acquiring the Plant site, total $1,965,471.28. (This amount shall be reduced by $60,050. if Orlando elects to construct the Plant at an initial r capacity of 24 MGD, and shall be reduced in any event by any grant reimbursement received by Orlando with respect to any of the costs included, in the aforesaid total amount_) (b) Orlando's unreimbursed cost of constructing the Common Facilities shall be identified by Orlando, and shall include all payments made ,UbsCquent to septeml-)er 18, 1978, to -3- _-tractors and cup(slicr.s, and all other COOL& Stacie aF; onginccri.ng ether pre fnmsionll £ccs, right -of -gray casts, oriel xadministra- expensa:s incurrod by Orlando in connection with the con - ,tion, supervicion, design, start up, insp'ockion or tenting :rye Coufmon Facilities, as well as all costs incurred by Orlando rie acquisition or performance of grants pertaining to the _ n Facilities, and in trio acquisition or performance of peznits _.tl,er legal compliances required by regula tory authorities. '4 (c) The City's costs incurred in issuing the 1978 r revenue bonds are the sum of the following: (1) Discount allowed of $219,944.85• (2) Provision for the Reserve Account of Sinking Fund in the amount of $2,374,844. (3) Fa -seal agent and other fees, rating fees, printing, and other costs in the total anount of _�,356> ('This figure includes estimates for certain cost items. _-.__-- will be adjusted downward only when actual amounts are deter- —-...... -ad, on or before 'November 8, 1978.) (4) The sun of $3,073,106.25 capitalized in Bonds for interest due on the Bonds prior to the time the is placed in operation. (d) The sum of $22,000,'000 minus items (a), (b), (c) above represents, and shall he called "Other Bond Proceeds," ch Orlando will utilize for projects other than the Cortnon -ilities. (e) The total amount Of the Bonds allocable -__...._.-.- the Common Facilities shall he the total of: (1) Items (a) and (b) above (being the � Tect cost of the Common Facilities), and (2) Item (c) above times a factor equal to n — - - —.rms (a) and (b) divided by the total of Items (a) and (b) and (being a pro rata allocation of the outlays made in the - suancc of the Bonds) . 11/ID/7 f3 a $f$ fyrtui:On ;`OCilitie C3ckrf Betulas due fh each year hereunder shall be the product of the total principal and interest duc 'in such year under the iloncls, tim,�ar Item Coll divided by $22,000,000, times 1351,. (The principal and interest due shall be reduced by earnings anticipated during the year in question from amounts on deposit in the Sinking Fund Preserve Account.) 5. It is not possible now to eo tpute the Cor' non Facilities hebt Service, since Item 4(b) is not now. ascertain- able. Orlando will prepare and transmit to Agency an estimate of Item 4(b) on or about July 1, 1979, or as soon thereafter as practicable. Orlando will update this estimate each six months thereafter, and furnish Agency a copy thereof, until an exact computation of Item 4(b) can be made. If exact computation of Item 4(b) is not possible by April 1, 1981, Orlando shall estab- lish a reasonable estimate thereof, and of the Common Facilities Debt Service, and payments by Agency shall be based thereon, subject to prompt adjustment when an exact computation of Item 4(b) can be made. Orlando's records pertaining to Item 4(b) shall be available at all reasonable times for inspection by Agency. Oilando's records pertaining to all other components of the Common Facilities Debt Service are now, and have been avail- able for inspection by Agency. 6. Agency unconditionally agrees to commence payment to Orlando of Agency's share of the Common Facilities Debt Service on April 1, 1981, and to continue paying the same there- after, irrespective of Agency's use or non-use of the Iron Bridge Plant on that or any later date. 'Agency's share" of the Common Facilities Debt Service shall be determined by dividing its Committed flow by the aggregate of all Committed Flows of Orlando and all Cont racti.ng `rntities; including Agcncy. . At the execution hereof, the initial capacity of the Iron Dridge Plant, the number of Contracting Entities, and tiie Committed Flows of such Con- tracting Entities are not known. For that reason, thaorctical. -5- )1/3D/7R 5-- 3]/]0/7R participratians pare bssumcd below for the purpose of.Befining the method for determinipg Agency's share of' the Cornton Facilities Debt Soyvice. A;3cncy's actual share shall Iia dctcrmincd based upon the Committed blows of "]I Contracting Entities, once thiat has been establis9:c,c]. Prior to its Oclivery of this Addendum to Orlando, Agency has satisfied itself treat the tome nuirl�er of other Contracting Entities is acceptatl4 to it. Assume that the following become Contracting Entities, and reserve the Committed Flows shown:. Committed Flows Percentage of (MGD) Committed Flows orlando 10.8 58.38 Winter Park 2 10.81 Maitland 1 5.41 Casselberry 2.1 .13.53. Seminole County .4 2.16 General Waterworks 1.8 9.73 18.5 1130.00 Each Contracting Entity's share of the Common Facili- ties Debt Service would be that "Percentage of Committed Flows" appearing opposite its name above. Taking Winter Park as an example, and assuming solely for the purpose of illustration that the Common Facilities Debt Service is computed to be 70% of the total debt service on the Bonds: Winter Park would be responsible for 10.81% of the Common Facilities Debt Service. on'the first day of each month, corrurvencing April 1, 1961 (since Sinking Fund earnings, together with capitalized interest, are believed to be sufficient to carry the interest through March 31, 1981), hinter Park. would pay to Orlando 10.81 parcent of the interest due as ConLnon Facilities Debt Service, reduced by anticipated earninc3s from the SilAitig -6 - 3 1 It �, / 7r. 0 r Fund Reserve Accounte These paymanty would continue through March 1, 1983. filar>ed can thc,Obove v5sumption Ono the furt.-hcr as5umpkSon thnt sorii--annual earnings on the Sinking Fund Fecscrve Account total $75,004, these monthly payments would be ($602,913 - $75,000) 6, times ,70 x .1061 x 1.35, or S10,350. On the first of each month, commencing 11pri) 1, 1963, Winter. Park would pay to Orlando 10.87. percent of the interest 'e and principal due as Common Facilities Debt Scrvice, (Thus would commence accumulation of the principal payments due April 1, 1964, and April 1st of each year thereafter.) These payments would continue until the Bonds are paid in full. Credit would be given when the Sinking Fund Reserve Account is applied to the final payment(s) due under the Bonds. The annual principal payments commence at $120,000 in 1984, and increase annually thereafter, as reflected in the attached schedule. Assure: that anticipated earnings from the Sinking Fund Reserve Account are $75,000 semi-annually, and that the Operations and Maintenance Fund is not in a deficit condition, and that the "coverage" sur- plus of $500,000 referred to in �17 below has been funded and is not required for Common Facilities Debt Service: Winter Park's monthly payment due April 1, 1983 would'be 1($682,913 - $75,000) 6l + ($120,{340 _ 12) x .70 x .10al x 1,00, or 7, It is anticipated that payment of Common Facilities Debt Service including the 35b coverage factor may result in the accumulation of a surplus after all requirements of the ordinance authorizing issuance of the bonds have been met. In that event, the City may accumulate and maintain a maximum aggregate surplus P from such payments of $500,1100 in a restricted account in the OpLrations and Maintenance Fund, to be used only to cover tem- • o porary shortar3es in the Operations and Maintenance Fund subsc- guent to Agency's delivery of flows to the Plant, or to pay that portion of the Common Facilities Debt Service Which any Con- tracting Entity may default in paying at any time. The remaining -7- --urplyas which is legally available under the Bond covenants et th& nc7 a4' each fipcai year, if any, resulting from payments by __._._..----- ------- :1ency of such coverage factor will be applied as cro€lits to the —_—mounts due in the next ucceccliny Year from Agency for Conunon cilitics Debt Service. Succi czcdits shall be allocated to Ill —_....__._._cntracti.ng F.nti.ties and Orlando in the ratio in which each con - to the accutqulation thereof. 1.nterest from time to time reed on Agency's contribution to such restricted account sh"all _ m amain in the operations and Maintenance Fund to be applied against ehey's operating costs in the next ensuing fiscal year. a. kis utilization of the iron Bridge Road Plant prog- - - mosses, it is likely that a contracting Entity may deliver to the lant in a given year more than its Committed Capacity. Such .tity will, within Go days following the end of the fiscal year -3 which this occurred, pay into a separate account to be main - by Orlando the amount. of debt service allocable to this --- ycess usage in the prior year. (Should a Contracting Entity ___ -,itially deliver sewage to the. Plant at a elate other than the --first day of October, any such payment .for usage in excess of Committed Capacity in that initial year will be prorated on __,......._,, ane basis of the number of days remaining in the fiscal year. after __= _ane day on which its flows first commence_) The aggregate of such for excess usage will be promptly distributed by Orlando �o itself and to each Contracting Entity in the ratio of their respective payments of Common Facilities Debt Service in the ._.�sca1 year involved. .For example, if Orlando exceeded its committed flow -,y .5 MGD in the fiscal year ending September 30, 1989, and no ----,cher Contracting Entity exceeded its committed flow, in that -:ear, drlando would distribute .026 t.5 ; (13.5 + .5)) times the _ommon r.acilities Debt Service _(times 1- 35, if applicable). rintcr park would receive 10,81 of this payrn^nt"assuming th")t it had paid its -prescribed portion of tlae Common Facilities Dcbt -service. -0- k once Orlando or any Contracting entity shrill oxco''06 its committed Capacity in any fiscal year, it shall thereafter give prompt writ ten' notice to or 3 ando and each Coi) trric ting Cntit�y of any proi?osod new sewage generator within its service area which would, when completed, represent an annual average daily flow in excess, of 5o,000 gallons per day. Heit.hcr Orlando nor any Contracting Entity shall exceed its Cor-,;-,Jttod Ca3pac5ty by an amount whaclt would encroach upon the Committed capacity of other users of the Plant. 9a it is possible that the iron Bridge Plant ini- tially will be constructed in a capacity in excess of the total of the Committed Flows of Orlando and the Contracting Entities. Orlando reserves the right to make portions of such excess capacity available to one or more entities which did not ini- tially execute counterparts of this Addendum; provided, that it may do so only if: (a) Agency's Committed Flow is not impaired by such action, (except that this may be done with Agency's consent and upon terms acceptable to it), and (b) The amount of capacity proposed to be made available to a "new" entity will not exceed the amount by which the capacity of the Plant exceeded the average daily flow of orlando and the Contracting Entities in the immediately preceding fiscal year, reduced by any capacity previously made available to any "new" entity. (c) Utilization of any portion of the Common Facilities shall not be afforded a "new" entity on terms materially different or substantially more favor- able than those agreed to herein by Agency (except that Orlando small not be obligated to any Contracting Entity other than Seminole County with respect to the provisions included in tho intorgovernmenta3 Agreements dated June 8, 1977,L and DDecmber 6, 1977 between Orlando and Seminole County). -9- P 11/]fl/7fi (d) Any capital paymento received by Orlando from a "new" entity with rarpoct to the Common raacilitics, or any f>ortion thereof, shall be applied by Orlando in a manner inuring equitably to the benefit of all ContractinV Entities. (e) ,Agency shall be -offered the right of first refusal to increase its Coinmitted C,-ipacity, in the manner stated hereinbelow, and s}a`all have failed or declined to exercise such right of first refusal. Orlando shall give Agency wri.tten notice of the amount of capacity which it proposes to make available to a °'new" entity, and the price and other terms of such proposal. Agency shall have the right, within 60 days following its receipt of such written notice, to elect to purchase up to its proportionate share of the capa- city offered to the "new" entity, on the same terms as offered to the "new" entity, and thereby to increase Agency's Committed Capacity. If Agency fails to exercise its right of first refusal in a timely manner, its right shall lapse as to thy: proposed transaction -presented to it, but not as to any subsequent allocations of capacity which Orlando proposes to make to a 'new" entity. Agency's "proportionate share" shall be its then -Committed Capacity, divided by the aggregate of the then --Committed Capacity of Orlando and all Contracting Entities and all "new" entities previously admitted to g usage of.the Plant, multiplied by the capacity which Orlando proposes to mace available to the "new" entity. This subparagraph (e) shall be void and of no effect unless the initial Committed Cppabzty of all. Contracting Entities.shall equal or exceed jj7.ff MC, D. In any event, 1,;� this subparagrap}a (e) shall not ✓be enforceable: (a) in a manner violative of EPA regulations, (b) in a manner violative of the said agreements between Orlando and Seminole County dated Juno D, 2977, and comber 6, 1977, or (c) as to t,ranrocifons in which ilrlan6o pro- poser. to mai.e excess capacity avnilnble to Winter Springs or Oveido, since the facility Phan dares not envision that tlEcse entities will be initial users of ti)e Plant. 10. Uncler the provisions of 1,12 of the aforesaid Amend- ment. mend-menE. to the zntergovernrriental hgrcement, or^landa may be required to expand the capacity Of the Iron Bridge Plant at a later date. prior to doing so, Orlando will offer Agency the right to reserve additional Committed Flows in the expanded facility on an equit- able basis with Orlando, other Contracting Entities and "new" entities. Whether or not Agency elects to reserve additional Committed Flows, Orlando shall consolidate the Common Facilities Debt Service with the additional debt service required in connec- tion with, or allocable to expansion of the Plant. Agency will thereafter participate in payment of such aggregate debt service in the ratio which its committed flows bear to the committed flows of all other entities which have reserved committed floras ,in the Iron Bridge Plant, as expanded. The calculation of such debt service participation shall be performed, and payment there- of shall be mauve by Agency, in the same manner as hereinabove provided with respect to the initial construction phase. 11. Pursuant to $3 of the aforesaid Amendment to the Intergovernmental Agreement, Orlando agreed under certain condi- tions to sell the Iron Bridge Plant to a regional authority or to a successor agency established by an act of the Florida Legis- lature. It is hereby agreed that such right to purchase shall expire if not exercised on or before April 1, 1984. Prior to or subsequent to that date, Orlando may sell the Plant to such an authority only if the terms and conditions of such sale and the composition of such authority shall be acceptable -to Orlando, and to two or more o£ the Contracting Entities who, in the fiscal year innnediatcly preceding such sale delivered to the Plant 602 t P or more of the oggrepto of All sewage delivered to the Plant by the Contracting Entities during such fiscal parioci. 12. Agency hereby agrees thn t it will trot, without the prior written consent of Orl�lndO, and on terms acceptable to orlando, deliver sewage to the Iron Bridge Plant from any point outside of Agency's retail sewer service areas fratt. time to time existing. 13. At such time as Agency shall"have commenced to deliver ser•aage to the Iron Bridge Plant for treatment, it will pay those additional operating charge components listed below, calculated in the manner provided in Exhibit B attached hereto: Fee Components as Follows: 1. Iron Bridge Regional Treatment. Plant - opera- tion and Maintenance. 2. Transportation System (Interceptors, including pumping stations, force mains, and gravity sealers? operation and Maintenance. 3. Administration Costs Not in Treatment Plant operation and Maintenance Cost Center. 4. payment for use of Existing Facilities (Crane Strand outfall - this charge not applicable to Agency). 5. Special services Surcharge. 6. Fligh Strength Waste Surcharge. 7. Hydraulic peaking Factor Surcharge. 8. Industrial Cost Recovery. Orlando shall invoice these charges on the fifth day of each month based on flows in the preceding month. Agency shall pay such invoices within ten days following receipt thereof. Whenever it shall be necessary to install, calibrate, and read meters or other devices to provide data necessary in the calculation of charges due from Agency for the treatment of its sewage, Agency shall be responsible for all costs associated with such installation and calibration. -12- ]VIV7n is not known, best with certain 0Xi1ect0`ti9nD as to t)aa Dunt Of such award. S)zould the Decal ,@hare Of the cast gf Orlando's proposed award egc�cod $10.25 riill.ion for a facility With ini.tiAl capacity of 16 MGD, or $12.5 million for A facility with initial capacity of 29 MGD, or'a straight line .interpolation of those dollar totals for an intermeOiatc initial capacity, Drlando shall give Agency written notice of such proposed award. Agency shall thereupon have the right, within 15 days of -its receipt Cif Orlando's notice, to terminate this Addendum, and the aforesaid intergovernmental. Agreement and Amendme^t thereto, by delivering written notice thereof to Orlando. if Agency does not exercise such right of.termination within the time allowed, it will be conclusively presumed to have waived that right, and this Amend- ment shall continue in full force and effect, whether or not other Contracting Entities exercise their respective rights of termination. 19. ks between Ozlando and Seminole County, the provi- sions of the aforesaid agreements between those parties dated June 8, 1977, and December 6, 1977, shall be controlling in the event of conflict with the provisions of .this Addenaum. 20. The Facility Plan provides for Orlando to design and construct What is known as the Southeasterly Interceptor,. conditioned upon availability of grant funds and compliance with regulatory agency requirements. Orlando small have no liability to Agency if it does not construct the Southeasterly Interceptor, or amends the proposed size or alignment thereof as a result of the failure of any other political entity involved to observe, or cooperate in implelnenting the i'acifity Plan. " 21. This Addendum has been executed by Agency, and also has been executed by the Authority. The benefit and the burden of this Addendum and of the aforesaid Intergovernmental Agreement and of the aforesaid amendment thereto ("the Operative Agreements*') may be :assigned to the 2uthority by Agency with the prior wriLtcn consent of Orlando, and Orlando shall thereafter deal 11/1Oj7R 14. Orlando previously hnv Ssapplicd A9CnCy With certain preliminary cost data, at Agency's rociu�r,t nil for the purpose of enabling Arjency to cstimatc the cf[Oct on its fees and char<}es of ita u(ili•.,.stion of the iron Dr.idge Plant. A9C'ACy hereby releases Orlando, and its QIPPIoyccs, consultants, and representatives from any and all claims ar liability of any kind with respect to the furnishing of any such preliminary cost .p data. Further, Agency acknowledges that the assumptions and examples. -included in this Mdendum and in Exhibit B attached hereto are for purposes of illustration only, and that neither Orlando nor its employees, consultants or representatives shall have any liability should any of the facts assumed or included herein prove to be inaccurate, except that Orlando is and shall be responsible for the accuracy of the costs set forth in �4(a), (b) and (c) above. 15. The agreements herein recited shall continue in full force and effect until April 1, 2607, or at such earlier date as Orlando shall convey the Iron Bridge Plant to a regional authority pursuant to the provisions Of 113 of the aforesaid Amendment to the Intergovernmental Agreement, as amended in T11 hereof, arad the Bonds be discharged, and such regional authority shall have incepted by formal assigalment all of the rights herein provided for each of the Contracting Entities. 16. Agency shall be considered a third party bene- ficiary of any counterpart to this Addendum executed between Orlando and any other contracting Entity. In all other respects, no third party shall be deemed a beneficiary of any of the pro- ' r visions of this Addendum. 17. Except as herein specifically provided, each of the terms and conditions of the said Intergovernmental Agreement and Amenclmcnt thereto shall continue in full force and effect. Ia. aliis Adden(lum is executed at a time when the amount of Orlando's proposed award for construction of the Plant -13- 1111()/7'1 . solely with tho huthcority as to all mattors provided, botwOon Agency and Orlando In the Operative Agrooments, so long as.the Aut.hority'shall faithfully porform all of the elution Of &11 of the Contracting Entities under their respective Operative Agret- nts with Orlando. Orlando's consent to such lssignment must be given if means is provided for. Orlando to retain full recourse against Agency under the Operative Agreements between Agency and Orlando in the event the Authority shall at 'aany time fail to perform all of th6 duties of all of the Contracting Entities under their respective Operative Agreements. Provision is made below for such assignment and consent. IN WITNESS WHEREOF, .the parties have caused these presents to be executed by their duly authorized officials on the day and year ,first above stated. THE CITY OF ORLANDO, F.LOPIDA By;• Y fes_ Ma �,k Attest: city Cler}: C -TY OF CASSELBERRY. FLORIDA Attest: Attest: &� �Lr -la- B y ; SOUTH SEt•IINOLG AND NORTH ORANGF WASTEWATER TRANSMISSION AUTHORITY By. X-.'. 71/10/71) 0 r p` ' ASSIGNMEIN1' AND CONS)"MT FOR A GOOD AND SBJ%`%°ZCIEN'T CONSIDERATION# the receipt and adequacy of which are acknowledged, Agency hereby assigns to thc: Authority all of Agency's rights and obligations under ,t)c Opera- tive Agreements between it and Orlando, as hereinabove identified, and THE AUTHORITY hereby accepts the foregoing assignment by Agency, and expressly agiirees faithfully to perform all ofthe obligations of Agency under the said Operative Agreements and to accord Agency all of the rights and privileges therein contained for' it, and, as well, faithfully to perform all of the obligations of all of the other Contracting Entities under their respective Operative Agreements with Orlando; PROVIDED ALWAYS, that Agency shall remain fully respon- sible and legally answerable to Orlando under the Operative Agree- ments between Agency and Orlando should the Authority fail to perform or observe the same, and further that Orlando shall at all times have and retain the right to declare this Assignment null and void and thereafter to obtain strict compliance by Agency with its obligations under the Operative Agreements between Agency and Orlando should the Authority fail or omit faithfully to per- form all of the obligations of all of the Cor�trac:.ting Entities under their respective Operative Agreements with Orlando, and should such flilure or omission not be cured within sixty days following receipt by Agency and the Authority of written notice thereof from Orlando. f IN WITNESS WHERCU, the parties have caused these presents fA P to be executed by their duly authorized officers this /X /A day of November, 1978. a o' CITY OF CASSELBERRY, FLORIDA Attest: -16- FOi)T31 r¢;gig �t.t ,ran nror�'rri t�nr,rvr;r. WAS' YMAT1:P TWwNf>M7SS]OA AU'd'i1Qsi)7'Y Rttr�,l: CONSENT The City of Orlando, Florida, hereby consents to the foregoing Assignment this day of November, 1978. CITY OF ORLANDO, FLORIDA By: h,ayor l� Attest: City Clerk e -17- s .Vi o` u N� r G e^ v^ v u a� . c� .0 p• Z w U n w u U b wr�.TNib n R h �- r jCC. w 9 B Y 9 �Y S 3 f� 6Y iw V o•6MrbtP P•a t�P F a n n F O ^ n q yn a b A o W N 6 y �.: v w, :.• a .., w o o- w U P- U 0'r � �.., w N it 00 uM w v.o.n g F P Y.n gy yy R C W n e U _— � p N mn P P ow� i,r i�•+b ��+.vm oOC?Pw i:: d.�` 04 Pp N Y i d IOC P O o0 b U P GOD•b C P p G P O O P G O P P o o P U G 6 U P P v w P C> FN 6 a y tl V �u c H N b •c __ - 11 t w w--- - .n v. - N N u c h a p6y ¢ mPrcnCc p.�m Puy ulm ��w ¢:YY w P � --—vw to W v, v�w Vivi.v YSP.. uP b n b ern In r W w t+ Y V 1 1 K m h a s terra [owe s ti� � ua- .c n:• :�wo r 1 1 N x � Y T 6 Opw 4 v .•.? � w.-�v.0 i- ma aWi+�. v I i E r•>d �"_ w �..a .n vra �- N o 1 E f �.{ F r a A d m POww. �. .o U•u r0•P IJP QOat'?LYOOw V o•PN 0 L. 1 n p a b R n C V W O m R n w tl v Fu .p i o vF r-. r .w.. � P r� cn v V Y n®� � ,! O um w 0 •v w r .o a e.. s- G O U G O [� U 4 P m:x' m es N U P R MM H r ^ - - 4T.� �wroo - �.� u ... u s• o -n om.., c�n�s-.a ^, :; i, .'_'. u`c.ocov..•.,.m aa^, ., t"..o.t'.. C w oD 4NoU r _ moa pawt�.b u r.ov w+a-.. vvG C1V t~i•.n r. .n n v r n a c P 4 � F'GG Cf.fP4i'ONI,fJ'k'S Agency and, Orlando agree t.hAt rates for treatment and transmission of Agency's sewage will be b4isod on a reasonable application of the fee components sat forth below, with such rates being sct by the Orlando City Council, And in accordance with a definitive agreumcnt to be executed between the parties prior to actual transmission of sewage t.o the: regional facilities. Qrlando agrees to afford Agcrcy the lowest-rates for treatmcn• of Agency`s sewage as Orlando makes available to any other user of the same classification whose service area lies outside the service area of Orlando. (The United States Navy and the Greater Orlando Aviation Authority, for example, would not be considered. a "user of the same classification.") FEE COMPONENT l - IRON DRTDGE REGIONAL TR%ATMENT PLANT OPERATION, MAINTENANCE & OT11FR CRJq,ERIA - ALL USERS ,Basic rate will be arrived at by dividing anticipated ,flows into anticipated Operation & Maintenance expenditures, plus' certain capital outlays and renewals and replacements, reduced by revenue from other than provision of sewer service (such as the sale of pelletized sludge). Should actual revenues exceed or be less than actual expenditures, the surplus or deficit so realized, as reflected in supplemental information contained in the City's annual report of audit, with necessary additional detail to be verified by th-e City's Director of Finance, and as adjusted to maintain a reasonable fund balance, will be invoiced or credited to the using entities in the next succeeding year. Such "reason- able fund balance" shall not exceed two months` anticipated requirements for operations and maintenance, based on the City's budget for the fiscal year involved, and shall be utilized only for expenses of operations and maintenance as and if required. nErINITIONS -- ALL USERS 1. Anticipated Flows Total flow in million gallons projected by ttze City to be discharged to the iu!gional Trcatmont a Facilitic€: during o 12 -month period. Tho twelve month period $hall be the City fiscal year. 2. p cl, ati.on b !1asntcnancc rx;)cnditurog - Those expenditures incurred in the operation and maintenance of the treatment plant and appurtenanL facilities including but not limited to the following types of cost: Executive Salaries, Salaries and Y7a9es - Regular Employees, Salaries and wages - Extra 'a Help, overtime - Regular Employees, Employee Benefits, Insurance, TTravelinn Expense -Training, Telephone and Telegraph, Postage, Auto Allowance, Motor Transport Fore, Rents & Leases, Electric, Gas, Water & Sanitation Charges, Subscriptions and Memberships, Repairs and Maintenance, Advertising and Legal Notices, Professional Ser- vices, Other Services, Cleaning and Janitorial Supplies, Elec- trical, Hardware and Plumbing, Agricultural and Horticultural Supplies, t.edical Supplies, Recreation Supplies, Chemicals, Paint Lab Supplies, Fuel for Heating, Gasoline, Lubricants & Grease, Tires and Parts for Equipment, Uniforms and Clothing, Other materials and supplies and small tools. These operation and maintenance expenditures will be maintained in a separate cost center limited to those utilized directly in the operation, management and maintenance of the regional facilities. 3. Anticipated Operation & Maintenance Expenditures - Expenditures that are forecast by the City for a 12 -month period for which rates are to be set and shall be based on the City fiscal year. 4. Certain Canatal Outlays - The local share of funds that are anticipated to be needed for the improvesnent, extension . r or acquisition of equipment, facilities and other capital assets necessary to maintain the design capacity and performance, or to facilitiate operation of, or to convert or modify the treatment process of the regional facilities. The total amount to be charged hereunder shall noir, without h9cncy•s prior consent in -2- any year exeded 7-3/2% of the oporationo And mAintcAc nOO budget for the treatment facility in suah year. The nggregaate amount of unexpcnded funds ,coilccted for the purposes and by the means heroin stated shall not at any time excood $x00,000 without Agency's prior consent. s Renewal. and Replacement Outlays - Funds that reasonably are required under the terms of the Bonds, and as provided in the City's budget, for renewal and replacement of equipment acid components which comprise or are used in connec- tion. with the treatment facility. FEE COMPONENT 2 - TRANSPORTATION SYSTEM (INTERCEPTORS, INCLUDING PULPING STATIONS, FDRC£ MAINS, GRAVITY SEWERS) OPERATION & MAINTENANCL; CRITERIA - .ALL USERS An O&M charge for sewage that flows through any part of the interceptor, from point where Crane Strand force main discharges into the gravity sewer on Dean Road to the treatment' plant, will be levied at an initialrate of $10-00/million gallons. This rate will be adjusted annually based on the actual operation and maintenance cost expended on this interceptor dur- ing the previous twelve month period, and the relative use by flow of the various users. Due to this being a relatively short section of pipe, O&M costs will not be projected in a separate cost center budget. Operating and maintenance expenditures, including labor, equipment and materials will be accumulated under work orders as money is expended. FEE COMPONENT 2 - ADMINISTRATION COSTS � NOT IN TREATKENT PLANT O&M COST CENTER a . Two types of administration costs will be recognized: I. City of Orlando Sewer Utility Administrative and Supervisory Personnel. -3- 11, city of orinndo rerRonnel u Y`ncilities not included in sewer utility budget, but which provide general support to the sewer utility and to outer departments of the City. CRITERR]R - ALL USERS I. For Sewer Utility Administrative: A. Administrative PersafYnel costs, including direct compensation, fringe benefits.. and payroll taxes, and materials and supplies will be acc!amulated in a separate cost center. The fee component per million gallons will be calculated by taking the annual expense (A) under this cost center and mul- tiplying it by the ratio of the total number of regional treatment plant employees (B) to the total number of regular department employees (C) and dividing this by the total. annual flow in the R Regional Treatment Facility (Q) in the previous fiscal year, i.e, Administrative I = (A X (B/C)/Q• This method will provide for the next year's rate to always be based on actual historic costs. charges. II. other Administrative Costs: A. Will be 1001 of Type I Administrative Definition of Terms 1. Personnel Costs, Including Personal Services, materials, and Supplies -- Are 'made up of those types of items as identified under the definition of operation and maintenance ex- penditures described under Fee Component 1. 2. Total Number of Reclzonal Treatment Plant Employees - will he the total number of approved positions that are allocated in the separate cost center which is to be established for the .Regional Treatment Facilities. The types of positions that will be included in this budget center are identified on Page 9-14 of "Volume I of the Facility Plan Orlando gnsterly 241 Plan:aing Area." (B in f:yuation I.) D el ataal - #tan sor �f _fteg�si �sr.c nf_t1MA_ Z s t0 number of approvod positions in the City of OrlbndO Warta -- -grater Dopart=nt budc�et centers. Such personnel are omployad in the administration of the waste Water Department, operation __...________-and maintenance of treatment plants, operation and maintenance of gravity and pressure sewers, and pumping stations. 4. Administrative Personnel.- Employees who are for suVervising and administrating the general ____._ operations of the department. 71t present,"these positions m= would be listed as follows: Superintendent, Assistant Super- _--�ntendent, Waste Treatment Plant Supervisor, Office Supervisor, _ _....._._.---Secretaries, Radio Dispatchers, Payroll and other Clerks, Book- W__...,.,.__,_�eeper, and Engineering Technician. FEE COMPONENT 4 - -PAYAMNT FOR USE OF EXISTING FACILITIES (CRANE STM4D OUTFALL) �� _RSTEi2IA This component would cover replacement cost of the 4.5 miles of 42" outfall pipe which will become part of the Crane __—Strand interceptor system. This outfall line has already been _ —maid for by the City of Orlando customers, but will be utilized ny others who may discharge into the Crane .Ftrand system in the afore. (S -n" -'e Agency's sewage will not flow through the Crane _. -strand Interceptor, this component shall not be applicable to FEE COMPONENT 5 - SPECIAL SERVICES SURCHARGE c yRITERIA - ALL USERS The surcharge for emergency service is a contribution r Dy all users to defray the expense borne by Orlando to utilize .-labor forces and equipment which is available from Orlando to the regional facility in cases of emergency or -need, but is not included as the basis .for payment of fees in any other __iee component. These forces basically consist of personnel and _equipment in the Lift station Section (including mechanical. and -5- electrical repair and maintenanOO) area Collect -ion Disse Section of the Wastowater Department as mall As the heavy OquiVmOnt in the City of Orlando Street Maintenance Department: which may be utilized by the Wastewater Department. b The City will accumulate under work orders the tactual, billed cost of providing the personnel and equipment above identified, as nee ded for the regional facility. These costs shall be categorized as follows, and shall neither exceed the rates which the City by policy from time to time charges other City departments for similar serv.ices,'nor the rates for such services prevailing in private industry in the Central Florida area: Labor: Actual wages, payroll taxes, And fringe benefit costs. Materials: Actual cost.. Equipment: Daily or hourly rental rates, as applicable. These costs shall be aggregated monthly, multiplied by 1.25%, and that product shall be allocated and charged to all users in the next succeeding calendar month on the basis of their respective flows in such month. EER CDMPONENT 6 - HIGH STRENGTH WASTE SURCHARGE CRITERSA - ALL USERS A. Surcharge for abnormal,strength wastes. A surcharge shall be imposed where the wastes from any customer contain an abnormally high BOP or suspended solids concentration. The sur- charge in dollars shall be computed by multiplying the average r mcg/l of each constituent above three hundred (300) mg/l times the metered -sewage flow during the billing period in millions of gallons times a treatment surcharge factor. -6- B. The PurehArg}o factor 0hhII W dorivod annually from the following formula (the factor of 600 beings the maxi- mum normal DOD plus suspended solids content oxpres6ed in milligrams ger litbr): Surcharge Factor r- Cost of trcat.nicnt per millionact I1ons 600 - C. The City will take samples at least once each month. Should a sample show abnormal strength, the City will take 2 additional samples within the next succeedi4g'10 days. The average of these 3 tests will be used to determine whether a sur- charge is due, and, if so, the amount thereof. The customer may request additional samples, and the Ciiy will take such adai- tional samples and include the results thereof in calculating the average strength in the month in which taken, provided that the cost of such additional samples shall be paid for by the customer at the rate then prescribed in the City Code. Definition of Terms 1. Surcharge - Amount of money added to the customer's monthly bill to defray the additional expense that might be created due to high strength haste discharge to the Regional facilities in the preceding month. 2. Customer - An entity, either private or public, which receives sewage service from the City of Orlando by virtue of' the customer being connected to City owned gravity collection line or by virtue of being tied into City owned interceptors or treatment facilities, or under direct contract to the City to receive sewage treatment service. 3. BoD -,Five day biochemical oxygen demand as deter- mined in accordance with the testing procedure as defined in Standard Methods, latest edition. _7. 0 N in the sewage that can Raz+ romovcd by fil.trotion through a gooch cruciblo or laboraory filtration device: as dctcrminod by the testing procedure tas sot forth in Standard Picthods, latest edition., 5. Each Constituent - Defined as either DOD or Suspended Solids as far as waste strength is concerned. 6. Cost of Treatment Per Million Gallons - Tl)e annual operational cost of the Re§-ional WPC Facility as defined under Fee Component 1 (O&M), including costs based on the calculations de- scribed under Fee Component 3, in the preceding fiscal year, divided by the total flow to the Facility in such year, expressed in millions of gallons. FEE COMPONENT 7 - HYDRAULIC PEAKING FACTOR SURCHARGE CRITERIA -- ALL USERS A. For each day that an entity discharges sewage to the Regional Plant for a consecutive four-hour period at a flow rate in excess of 200% of the ADPF, up to 250% of the ADPF: the entity will pay a 1% surcharge on its monthly charge for all fee components except. Fee Component 6 - Industrial Cost Recovery. For each 5% or fraction thereof in excess of 250% for a consecu- tive four-hour period that the flow exceeds the average daily peak flaw, the entity will be billed an extra It on its monthly service charge. Definitions 1. Average Daily Peak Plow (ADPF) - The total flow during the four consecutive months of greatest flora during the twelve month period ending September 30, divided by the total number of days in such 4 -month period. Average Daily Peak flow in such 4 -month period will be based on the entity's previous � record until the. entity shall have been connected to the Regional plant for a 12 -month period ending September 30. -8- on A vast € r whe to contractt City of Qrlando to discharge sowagc to Ragional Trantment ac «- lfti,es tCfaat are operated by the City of Orlando. 3. Ragionali�lant -= Refers to those wakoar pollution control .facilities that are to be constructed at the Iron Bridge site by the City of Orlando. FLE C01 PONT.NT 8 -- INDUSTRIAL COST RECOVERY CRITERIA - ALL USVR5 , This component will be structured as required by current EPA Regulations_ SAMPLE CALCULATIONS The following sample calculations are intended to be explanatory of the methodology of certain of the above fee com- ponents. No representation is made that the numbers used are or will be representative; they are .used for purposes of illustration only. Sample Calculation - Fere Component 1: 1. Rate Determination for First Year of Plant Operation. ANTICIPATED ACTUAL . EXPENSE REVENUE EXPENSE R1:VIaNUE (IN THOUSANDS OF DOLLARS) A. O&M 1,900, - 171$ 1775 B. Other -'R&R --0- 43, - C. Other - Capital-Outlay- Improvemcnts -0- - 55, - D. Sale of Pelletized Sludge 100, - 140, E. Hydraulic Surcharge - - - 3, F. Hirth Strength Waste Surcharge - - 4, r TOTAL 1.,900, 100, 181G 1922 ANTICIPATED FLOSS - 12 MGD or 4380 M. G, SURPLUS - $106,000 ,BASE RATE CALCULATION - (To restricted FIRST YEAR account in O&M Fund E$1,900,-$100,},4.384 M.G. _ $410.96/M.G. or 41/1000 Gallons) -9- . Second Yvar 'AALo S t r inuti . A. O&M D, Other - R&R C. Other - Capital-Outlay- mprovemcnCs O. Sale of Pelletized. Sludge E. I4ydrai:l is Surcharge F. High Strength Waste Surcharge ANT3CIi ATrO (IN or 2b62o5 r 15, 10, - - - 150, - TOTAL 2097.5 150, - - ANTICIPATED rL044 - 4500 M.G. RATS {2087.5-150)j4.5= $430.56/M.G. Assume: (1) That Orlando elects to retain a working fund balance of $90,000 in the second year, leaving an available balance of $16,000; (2) that Orlando contributed 65% of the first year's flows; and (3) that entity X contributed 35% of the first year's flows. Orlando and entity X would receive credits of $10,400, and ac $5,600, respectively, in the second year, against the next ensuing monthly invoices. Sample Calculation - Fee component 3: For. Sewer Utility Administrative and Supervisory; A - Annual Expense - $200,000 E - Total Number of Regional Plant Employees - 42 C - Total Number. of Waste Water Department Employees - 156 Q - Plow in Plant (or est_) for Year - 4000 M,G. Irate - (206,000 X 42) 0 4000 = 1.4.`/1000 Gallons ( 50) II. Other Administrative Costs: 100% of Type 1, or 1.4 cents/ 1000 gallons. Sample Calculation - Pee Component 6: A. Cos:. of Treatment (Actual Annual/O&M Expenditures - calculations, Fee Component No. 1) _ $1,719,00D B. Administrative. Costs (Refer to Fee Component No. 3) I -- Sewer Utility 200,000 X (42,150) = 56,000 iI - other City (1000 of Type 1) 56,000 TOTAL: $1,830,000 -10- C. Total Flow in M.G. 4100 Surcharge rector a (1,W,000/4190/60D .73 Surcharc)o to bo calcOated monthly bnsoi3 on routine testing: Example. Sample I4o. 1�OD 0.19�/L. ) S.S. N(3/1,.) l 330 240 2 302 210 3 290 210 TOTAL 922 ° 660 AVERAGE 307 220 Flow for month 30 M.G. DOD BASIS 307-340 = 7 S.S. 13ASIS = 220 (less than 300, therefore not considered) Surcharge = 30 X 7 X .73 = $153.30 If the average suspended solids content for the three samples had been 320, the surcharge would be calculated: BOD BASIS = 307-300 = 7 S.S. BASIS = 320-3001 = .� TOTAL 27 Surcharge = 30 X 27 X .73 = $591.30 Sample Calculation - Fee Component 7: ASSUt4E: The entity, the South Seminole and North Orange County'Waste Water Transmission Authority, has the following discharge to the Regional Plant: Total flow during 4 highest, consecutive months during the base 12 month period - 512:4 M.G. No. of days in 4 -month period - 122 ADPF = 512.4/122 = 4.2 MGD if the Authority discharged, on one occasion, 9.2 MGD for a 4 -hour period, the total monthly service charge for that month would be increased 1% (9.2 / 4.2 or 220%). Assuming the total monthly charge was at a rate of $0.82/1000 gallons (total fee components 1-6), then the bill would be calculated as follows if the total flow during the month in question was 145 M.G.: Basic Invoice 145 X $820 = �;11U,90U Surcharge_ 11s,900 X -01 = $1:189 If the Authority had discharged a flow rage of 9.2 P1GD for one, A -hour period, and 10.9 for one, four -hour period, the surcharge would be as follows: occasion l - 9.2 1 4.2 = 220% (11, surcharge for being greater than 200:.) Occasion 2 - 10.9 . 4.2 = 260% (1% for being greater than 200:,, and it for each 5% greater than 2502 for a total of 3% surcharge) Therefore, for moth occasions, a 42 s6rcharge would be lcvicd, i.e., .04 X $11€3,900 = $4,75G. -11- TO ildIJAIG(,t'iPN.M.NIAI, nGvi I :VI'P�` 13I`°CMA1"N TOF: C.JTY Fel. ("h`s`; ,i,!sfatlrY, i'1d11t11�R T)IIS RMENl.spll:NT TO MUl"MEN-i ir, m.,dc rind c!n4.c•rud into tills j day 01�� A,11., 1978, by and between the CITY OF ORLANDO, F1,01HIM, a municjpal corporation exie.tin;; under t1)(� )a+s cif' the sttftc of F]l )riche, II rc>ineftcr referred to a�: "0M,ANDV', and the CITY OT FL011,11M, hereinafter re,ie�_rcd to at; ,A(1j]]�(—) `, WIILREAS, Orlando and Agency previously have: entered into an Intergovernmental. Agreement dated January 17, 1977, (hereinafter referred to as "existing Agreement"), relating to the conductlof a Facility Planning study under P.L. 92- 500 and planning for a Regional Wastewater Treatment Facility (hereinafter referred to as "the Plant Facility"), whish Plant Facility is to serge Orlando and Agency as well as other entities, and and WHEREAS, the Facility Plan is substantially completed; IVII;REAS, Orlando has substantially completed plan and specifications for the Plant Facility and the Crane Strand/ Iron Bridge Road Interceptor, and has applied for a Step IIF grant. for construction funds therefor; and WhEREAS, it is anticipated in the Facility Plan that Orlando and Orange. County, Casselberry, 19inter Park, General Waterworks Corporation, Maitland and Seminole County all will be initial. users of the Plant facility at or near the time of its start-up; and WEEREAS, it "ill be nceessary to expand the Plant Facility beyond the initial design increment sufficiently in advance of the tin;c that such capacity is ut.iliY-cd so as to provide additional cap:icity to accom,noclate the projected growth of the entties which shall have entcrc,d into like arrrcmients with Orlando prior to June 3.2, 1975 or such rcasonaisle cxten�;ion thure.of as iti necessary to cxcc:utn this; ame)idnu,nt- nncl 1'julln-AS, it ! s dcc n. d in tltc bots , if t c rc r;i of both N011i, `k`]UlkI.i'tE, 011ti.5,I(, sarsd AI,.�-oiv mum,., fly t!.;tt. the exit;tinI, AI,rucEmont it IiurvbY ttmt,nd;F(I by tilt` it(Idition rri till! 1t111 (PW i ng tcrin!, ]) Ot'l M100 sand Awr nt:y Vit('It stl;rVtc W1th fill() anti !y tho r" 7, iteiIIty plan in its; pi-vt3cn!-fins{l form, incIudinl;. (a) thv de t. c:rmination thaI under cxis.ting con,traintF; imi�or,(-,c] by th(, ti. S. Lnvi romm.,nt61 1)rot.cnt i on Agrnc:y ("i 11V ) and by 1,ht- Fi ori dsa Df,,p;trtnit,pi t of E n v i ronTTI c1staa Itcrhul nti or ("FI>I:13" ) 1.11 :;.ing;lc pIaTit rc�c,ional wastcuatcr trcrtsimcrI concept. within the Oz�.lando Easterly 201 Planning Area is rtiost cost eiiec:tive; (b) determination of the most cost effective first increment of :.he treatment/disposal system and interceptor alignments (as indicated gn Exhibit "C" attached hereto); (c) updating of the Environmental Assessment Statement; and (d) such other matters as are contained therein. Except as provided in Paragraph 11 hereof, this amendn;e nt shall contir.uc in force and effect as to both parties even if such existing constraints or related levels of treatment shall subsequently be modified by the EPA or the FDER. 2) So long as the Plant. and that section of the Interceptor System along McCullough Road going to the Plant (iron Bridge Road Interceptor) are owned by it, Orlando shall manage and operate the Plant Facility and that re- ferenced section of the Iron Bridge Road Interceptor. Within legal constraints and applicable constraints of all regulatory agencies, Orlando shall expand the, Plant Facility - and that section of the Interceptor System as necessary to meet the future needs of all entities using the Plant, Facility, including the needs of Agency; provided, that Orlando shall not be required to implement any such expansion unless a federal fucds are available therefor under P3., 92-500, or the subsccluently adopted equivalent thereof, and unless; Orlando 511,111 have yaceivec: agrecmcI nts rensonably acceptable to it u'llercin entitieF, tVhose, need. requirc such expansion agree, to uti 1 ir.c� and/or part icip,ttc in an ecluitab1c, manner in the cost of such expansion. Ii for any rcr;tson Orlando does not paovidt� iiso ]nc;sl Bare of co;nput-cd co"Ls for future• 1-cquirtu3 t rr.;Ei.ni��;�i eali.Er. i t y , ll;;cnt.y nmy elect to l;t'i>e i dr' t:ucl, 111110!;, - 2 - Und OrIug"clv WiI I UV rs=qui tt'd Lig In)jIjunicrrt LOc lr add L IUri atI cap aLity; thIN rflhnli be Agency -'s sola rccourruo $t OrIsin do dor!r; riot. l)rovidc: 01C )€rc0 Nhave. B1 thir; tipprorcc:h 4w urircl, the Agr,nc.y slr;rll rccvivo no undivJd(!d prop)-ictnry intere8t In n prortta portion of thc plant fac1li1-ivti based on Agcncy contribution at-; a p(,rccntvg(, of total capital costs. 3) In the event thtil, a Regiona) Authority Or ether bucecr;::>ax af;c,ncy is estnl0inhcd by an Act of thc, State LeCi.<;)ature or otherwise to own thc- Plant Facility, and if Orlando and all other users of the Pliant are afforded equitable representation in such Authority, Orlando will enter into an agreement v.,ith the Authority to sell the Plant Facility and the above-refeBenced section of the Interceptor System (if desired as part of the Authority's facilities) to such Authority at a price equal to Orlando's expended costs (net of state or federal grants), including interest, in its role as the planner, builder, manager, and operator of the plant. The purchase price shall include principal reduction of bonded indebtedness paid prior to the time of the sale only to the extent that, Oraando, rency or any other entity which shall have previously used the Plant. Facility- shall have assumed and paid debt service allocable to capacity in excess of that actually required for the fl.ows delivered to the Plant Facility by Orlando, Agency or such other entity, who shall receive such principal reduction reimbursements in the ratio of their individual payments for such excess capacity. The purebase price shall not be such as to allow Orlando to recover more or less than its aforesaid costs, and the terms and conditions of the agreement of sale shall require the Authority to relieve and discharge Orlando of all financial and contractual obligations related to or resulting from Orlando's planning, Mvrferslrip, canst.ructior., f oper L,tion, and/ox- control of such F>lani., incaudin any Uondel incic:,rt.cdncnti i;:curred in connection thercticith. 4) Orlando and Agoncy each agree to continuo, to work in j-ood faith and tcn connect to the plant Facility in - 3 - CICCtsr[&�ancr �t� .�s� I �`sc��:�� a'tt�rat� sRaa�$a'Et. wti.�1.i�a Ca1,t8c11rci lranthr. i"�cility Man as pro-:vrs3.9y v'Xir;tinV; provided, bowcrvor, that, if one: of tha! pnrtieri hr.�rutu atte=rnpts in g;o9d faith to Procced in accord€€nee with the Implementrtt ion ScdM(lule but Is t)nahlr� to do €:;o because of unavailability of federal funds or due to restraints impo-,;ed by the rnvironmcntal Protection Agency or tY7c T']c>ridn I7cpurtn(snt of TLlivironmonta) R(Tu Iat.ion, or because other particr:; to fail to coaj>erat(_' in impleIgc?ntations to the extent teat. the Agency`, or Orlando cannot carry the added burden of implementation caused by such failure, then such party shall not be held liable in any manner to fiche other party for delays caused by such lack of funds or such restraints. 5) Orlando and Agency each agree to apply for Step II grants and to take such other steps as are generally out- lined in Exhibit "B" attached hereto for the implementation of the Regional Treatment System as required under the Implementation Schedule. 6) Orlando and Agency each agree to coordinate Stop 11 (Design) work through the Technical Advisory Committee (TAC), as established, to ensure such standardization of design parameters as is necessary for compatibility within the Interceptor Systems, as listed in Exhibit "A" attached hereto, among governmental entities which may utilize the syste'm' 7) Oxlando and Agency agree that they will meet the requirerer,t.e. of P.1,. 92-500 regarding Infiltration/Inflow incauding any subsequent required Sewer System Evaluation Survey work and/or Rohabilitation wark, subject to avail- ability of the required federal and local funds. S) Orlando aLnd Agency each agree to develoi; and isnple!nci)t Jzy° crdin.usc,es adoptc-d in accordance with their respective charters 1'7bida Statutes, ri3,er C;h<tr€;c and Indus,tri:kI Cost R(,cc)�Telry cii:;rJ1s in accord ncc aiih a3�plic,�t�lc federal stsitutos and regulations. Orlando - i - cestsai,llmh mutually ucceptaable and vqutthble orittria for the a luta�raninattvr€ or churj;(:a� to bo pitid by Agency to Di-junde, and to vt:;tubltsh a niaatuaally uccuptublo commitment by Ai;cncy for the delivery of wus7tcwuter to the Plans l+cacility, if by July 3), 107B, thu parties shall not have reached agreement as to such charge criteria or as to Agency's said commitment, then either p,,irty .0aa77 hsa.vc the r gtat to termin te° the existing Ag rcen�-,n I. and this. AmL�ndment by wri#ten notice delivered to the ot.hc>r party on or before August 31, 1578; and if neither party elects to exercise such right of termination, then this Amendment and the existing Agreement shall continue�in full force and effect. Should the parties reach agreement by July 31, 1975, as to such charge criteria and as to Agency's said commitment to use the Plant Facility, or if neither party shall have elected to terminate this Amendment as herein provided, notwithstanding failure to reach such agreements, then the parties further agree to negotiate in good faith to develop a definitive agreement as to the supply of wastewater to the Plant Facility by Agency and as to the charges to be levied by Orlando for the trans- portation and treatment of Agency's wastewater_ Such definitive agreement will be executed by both parties prior to Agency's traosrnission of. wasLcwa�er to the Plant Faciiity. 9; Orlando warrants that it has the necessary legal authority to own and operate its respective portion of the Facility as designated to it in the Facility Plan and has the necessary legal authority to implement user charges, an industrial cost recovery system, sewer use ordinances, and a rehabilitation program, all in accordance with federal statutes and regulations. Agency warrants that it has the necessary legal authority to our, and operate i.ta local collection syst.cm as provided in the Facility Plan and has the necessary legal aarthority to impomens user claa€•Les., an inda:strial cost rcccrvcx•y System, sewer use ordinance,-, and a seller rchabilitation program, all in accordance with federal stattatcs and rr:i;a;latzn r;. for a Stup 11; grant, as rof(Irored to in the preamble to this Amendment, not be Banded to thu Oxtvnt Of at IcDst $36 MilliOn by December 31, )078, trrrun oltbur party hereto shall have the right, upon thirty dayt;' notice to thc> other party, to tcrminatu the existint, Agreement and this Amendment and to render the same automatically void and of no-further force and effect, ),I ) Nolhing, herein shall restrict Agency from solvctj g r, and pursuing an al tern at. Jj ve course of action if a FDEIR revises its wal:er�' quality standards in such a. manner as to afford Agency a more cost effective solution to wastewater disposal than utilization of the Plant Facility, and (b) if both Orlando and Agency expressly agree in writing that such action by Agency would not have a measurable impact upon the cost to Orlando, or to the other entities than using the same, of owning and/or operating the Plant Facility; or (c) If Agency fully compensates Orlando and the other entities to the extent such action would impact the cost of owning, using, and/or operating the Plant Facility, 12) No third party shall have or claim any right or benefit under this Amendment, the same having beers entered into for the benefit of the parties hereto only, 13) Except as hereby amended the existing Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals to this Agreement the day and year first above written. CITY OY ORLANDO, FLORIDA CITY OF CASSELBERBY, FLORIDA ByI4- Car-1 T. Langford 11!, yor Mayor AT3. ." : ATTEST; rrAA Grnc-(r A. Chc%v"'( Clerh APPROV)'D s to form and - C - EXHSBZT "A" a�xx��x+xxx ab.m M MITBIT "13" fl2r'ak'�6 Reviscd March 14, 1.976 For tric pul-pc)s2 or de Elop irl;o an lmplu..:_�ntatit•n Plan for titre Orle'ldp East^r1), 202 ne Tcchni-C3l Advisory Ct7 it ,,Otteo (TAC) haas file py'11F•G! F=acilities into six s;;stcrls. Th2.L systems (listedai1 ted, considering su--h 't?CiGI'S as existing Sw1'1`iCC Y'�s� �111t1CG� bfl::rCtu�lES� L21 ccinstrEints, etG. After dFtvelopin, the fOl' Vie CE!iCi'Gi1C1] �"( o ul tarry-tl l'C l?..E1?^L ?iit 1 c ns 'COl C C!', s)'S'L� F 1 11S L -tC'd Cl) C1 C' i!'? L _ bca�;i cvid-2r;"Ll th:.'L t' e timL- scfl�JAc as port of t:1' Step 1 irsu"icu, 0 ?fCCG: li5h i_ilis IWI "i Tl i%5 Ci1 liE 11's %� �iii0il, _I'tk it A) cleVOopcJ b;; ilii I:tr inulCt:LL=: th t, to ----- --------- wons`t}'a'Irts impGsc�;' by i.�12 ti1A _S_p l! i, re:lt yCii- si_'3,n1iiC%31 prt10:1s Oi 1' l2 propC)SC i »iC r_s _ b2 s.: L, :i ci o.' bei Glc .Lpx iy. 26, I973. r iC:CG; w i11t✓lw , -!3 lnt»?"l;,' lmplu.'2n .z.tion Plan i5 to alla':7 "L`('c "LCwi n ('rL" I's pi-GDra� t0 precead iT. a t!r.ZIy t:, n '1' Fnd sin11 ta:le0usly accol.',pl J i11Ll .I,i:iCl �l •�11 LLL 1��! Plan -;IC' lr. `.�1.:..'i1L to 7P.:�i �`�': s: s'i1�3''_:1 "c.Zl r.S[«f:l;�i Ib i is C; p�i•t, i5 to sCi'YC in Pl I.t els a r::?G!iS to i;i»t C'112 111" TO1�O :i:l j 9=rlerally 0::Llin2s Uic a, proz.ch . illCh :: bC Usc. to 1CJ1C i C C`: 0; -I- win -2 t _ t ' C] Y n C J U I f ' C] J U JL1 i Ls 7s: crp O POPE. 1 -LJ €1 o _C L: cCU7� ui {3 Q r G ro tv n tt p t) l3 C L1 1 Ihn City Vf orlonAD has oUrM to pmum thn re5pooK5J!Ly of joy, env cd2rbtino the Iron DrYgn RW Aqloml !RMA; it; YE: tacit Plant (PION) city of 011NAD will exp:yd its bast evil; ts to (':lm 1 14F V VE first increonst or --l—ostroctim, a 24 rTJ Advanced 11ste IreAmint Facility E7�luyisj direct dischLryc W n --ns erfluant to the Little Econ River, KIRK accmylishN in tha, --)lcr,:,-ntation Sch-26-fle as outlined in Exhlbi.. A, lin'. L It is reco�rn;7ed t'haf otr--�r governmM31 entities vithin.the 202 Planning Area hal, mrcssed intei-cst in particip;Vnj in the opsoation an! IW032700 of the plant. Thar, tike cig of Orlando Uill agm to W Farticipate ip the eVE101010 of alternativ ----magnment authorities Wich moy bo crcatcd for the purpm of owning, maying, zn� -7rMt11ig the plamt. If such vn authority is found viable and is My created for that -rpose, the City of Orlando agre25 to sel I the Plant Wer the conStionv stated in th is 10 D', 0)ibh this hhk-)4� p j .11 L, - Cit, or pbs"Ild thy uporAND the r2jor wbiva of pits iHjTrCQ0! SYM5 LS g2n; rally shDon W NWC c T. Tile Ci ,,, , ,,, y ,,, its bc3t EfforLs t, ,;urc treat:: tic portion OF yis interceptor SysteM for which it -is respOnsible will be constructed in accor I denc e - ibline with Ule Implementation Schedule Is ,,tli,,d in Exhit A, Cj-z,np2 Cour,L�v agrc��R to vssu�y ths resp"SHAH ity Kin the design, CDnstrU;GGr;' OS2 Way pDrOwns o! On and Wavltlon of th trentaynt plants currMly existing tic Un"C"Paysted ar" Cp'.nLy which he swrW by this interceptor syshm Penc"lly as Si01 L4 it, best ofyrLs to ensure that Vie parti, it is rnsponsiblc vill be desigrad and cOnstruc' . ..... Otte for the East Dran22 COUM in accork Interceptor System as shnzn in Exhibit A, Line 13-2. go other gOYMOntal entitias hove exyres,,d a, interest in participating in SYStc.-I. -4- LJ PC' A6 IfA r LOCATiO[\, if --f t Z`7 L I T� 0 1 L Ll T, Li C.Ty D.- 0 R:',. ccu�j L Erl TA -T 10,, SPO." DY F-.,,'TITY ori ltl' 2.�t't; :. tri t �. ,•4.:. Lh ....... I. jbi l i t' ,.. _ _ ei. v :, witrunBO :, arvtiDu f1 W_, CAM W_rooptu IYiI_� E; MORE! _E! in Fi5gr' v-2. _ or en Cc, , j agneas io expend its pest 01 [art! tD El�.t._ re interce iCr l=' coElstrocted as cu � in the e ent__ .. ibit A, lino SySt�-f 5:;11, �l it':eci il;!,�l •E :o.'; 5wl�wc•�1�, E: �^ E.P. it is recognized that, should tW fiscal p,5ltioj c= the count_ be such MY M. SCll2 J1� l';✓lElc� place, an E:nJup hardshUp of its citizens, the SAMOA SO!' MY hs allc ti slip on-, r, at r+ost. B4O oU! i" io1'ol"nmy tal enMY has . PrEss" an inter" 15. P±r"i g in t"::interceptor System.S 4 .V_ NORTHERLY INTEiRCEPTO:; SYSTL:I The manegetent and implementation of the plan in the Northerly area will be by authorit), limited in scope to sewage service, without taxing power, that vil.l construct and operate the system. The construct- ion phase will be precee•ded by a short phase t:•herein individual entities will perform detail design of assigned scZnents of the system. This arrangement all=s aesigri ti,ork to proceed during legislative formation of the authority. Drafting of the legislation for formation of the authority has been completed and the proposed legislation is tinder stir:)' by the individual Supporting entities .for their ret'iev nncl sub' -A --Sion to the State 2cgisl2.ttire. -6- SEri:!O, F CNII JY It! r€lfV_iz[OA SYSTIJ li: antit; Oil not cur3z?otly trill bz to e>:'CtltSe:l 04 ;i:c R-''!):,r.i;€ OF AC EEF"l-flr. S Change Co,. lnty and the City of 0~1a�idn r.grC to ass�E.: til.° resFion 'ib lity for tnu ` design, construction, manage .alit, and operation of these portions of the Interceptor ' System gen-6relly as indicated in figure S-2. They both agnea to expend t'?eir best efforts to ensure that the portions of. this interceptor system, for which trey are resp onsible v. ll tle designed and constructed in accorda ,ce with th,-> 3r,p'z antation 5c, dile as outlined in Exhibit A, line 8.5. NO othLr gu',2`n,: r,tal entity has expressed arl interEst in paj-ticip,ting in this a lr�-'rCepA.nr S�'ste"'.. ' I f r � , 17• �xfiiEiil "C" WINTER SPRINGS INTERLOCAL AGREEMENTS AND DEVELOPER AGREEMENTS 269 I167 m B� F Gie SE�in orf 0- rt`n€tbo C71k E.h hiUA, P�f.p F+iPA 01 "C r v> C17Y CLERK C F R T 1 F I C A T I D N STATE OF FLORIDA) COUNTY OF ORANGFj I, Grace A. Chewning, City Clerk of the City of Orlando, hereby certify that the attached iS a true and correct copy of City of Orlando/Winter (rlando Winter Springs Intergovernmental Agreement approved 6yt e aty ou��urng meeting held January 17 19 77 , filed Documentary 013150-1A Given under my hand and the corporate seal of the City of Orlardo, Florida, affixed this 11th day of March , 19 so 't_ brace A �rzr.f; C(aRr DR.A1`E SFAL K u tae `a fi 1 269 e�6 ""UTY OPORLANDO/W1 NTE X SPRINGS INTMIGOVERNME'NTAL AGR1:EMNT THIS AGREEMENT, M�Ide and entered into this•?� dray of A.Dl , 197; , by tinct between the CITY OF OR]MANDO, a municipal. corporation orpanired anti C'Xistinr, under the laws of the State of Florid�i, hr-rcinrifter refc,rrc,d to as "ORLANDO", and the CITY 0:" WINTER SPR1fdCz;, FLOH2)A, a MUT)z.cipal corporation organized and existing under the laws of the State of Floricda, hereinafter referred to as the "AGENCY" VHF.RFAS, the CITY OF ORLANDO has a Grant Agreement with the United States Environmental Protection Agency (EPA) for pre- paration of playas and specifications for a regional Wastewater Treatment Facility, which facility is to serve ORLANDO and the AGENCY, as well as other governmental agencies; and VMEREAS, ORLANDO is the lead applicant in the process of completing the 201 Facility Plan Work for the wastewater facility as it pertains to the AGENCY, as well as other govern- mental agencies; and WHEREAS, the AGENCY wishes to participate in the 201 Facility Plan Work as it pertains to the AGENCY, all of which is described in the attached copy of the 201 Grant Application; and WHEREAS, in order to completa all work necessary under the 201 Facility Plan in a timely manner so as to comply with EPA time requirements, work done by the AGENCY must be completed on or before the dates indicated in the attached schedule. W I T N E S S E T H: I. 201 FACILITY PLAN WORK. a. The AGENCY agrees, at its expense, to do or to gave done by its consultants the work described in the attached 201 Grant Application. Such work shall be completed in a manner in compliance with federal regulations, and the individual element of such work shall be completed and submitted to ORLANDO in a fora, meeting federal regulations, on or before the date speci- fied therefor in the attached exhibit. b. In the event any work to be completed by the AGENCY is not completed in compliance with federal regulations, is not submitted in a form meet.in,, federn] reg6l.ationa, or is not submitted to ORLANDO on or before date such work element is due to be submitted to ORLANDO, which failure or failures are the direct responsibility of thw AGLjL;C:Y; tht,n, and in that event, the AGENCY agrees that the ;portion of the 201 Facility plan heretofore prepared by MLANDO correspoTcdjnF; to such work which was not properly ar by the AGENCY shall be conclusively deemed tFccc.l ttt,lf_ to the: ACENCY and shall he siib- witted by ORLANDO as a partSan o1 tije leas] appli�ant's total j201 Facility flan. The AGENCY also agrees that in the event it fails to properly or timely complete a. -portion of the 201. Facility Plan, it will reimburse ORLANDO for all provable additional expenses incurred by ORI.ANDo for additional work by ORLANDO or it consultants resulting directly from such failure of the AGENCY and not others. C. Failure of the AGENCY to properly or tamely complete any work element shall not impair its rights to participate in any other work element as described in the attached schedule. 2. IMPLEMENTATION PhAN . Loth ORLANDO Lind the AGENCY agree to negotiate in good faith with other governmental entities involved in the 201 Facility Plan to develop an implementation plan which will be the most beneficial and cost effective for all the governmental entities involved, and will be in accordance with all the pro- visions of Public Law 92-500. 3. CASH FLOW. a. The AGENCY agrees to submit to the EPA, through the City, requests for payment for worst completed tinder the 2€31 Facility Plan in. accordance with the attached 201 Grant Applicatio as approved by EPA, and in a form which complies with federal regulations. b. OR20iDD agrees to submit applications to EPA .for payment in accordance with requo sts received pursuant to subparagraph a above, such applications to be submitted by ORLANDO no less often than once each month. -2- C) P o� c. No Inter than fifteen (15) days following receipt of funds from EPA for payment to the AGENCY, ORLANDO shah transmit such fend:: to the AGENCY. ORLANDO shall have no duty to deliver any funds to the AGENCY unless and until such funds are delivered to 0},LAWK) by EPA for the account of the AGENCY. d. ORi.ANDO'S t}uty to t.ra�zs;nit funds to the AGENCY as herein provided is to be construed as an abligation personal to the AGENCY and shall be enforceable only by the AGENCY or any state or federal governmental agency involved in the project. Such duty to transmit funds shall not be construed as creating any rights against the CITY OF ORLMDO in favor of any consultant or contractor employed by the AGENCY or any other governmental agency. 4. CHANGE IN SCOPE_ in the event the AGENCY wishes to change the scope of the work described in its application (attached as an exhibit hereto), the AGENCY shall immediately notify ORLANDO in writing. ORLANDO agrees to submit such proposed changes to EPA for its Ireview and determination as to whether such changes are feasible considering all relevant time and project restrictions. The AGENCY agrees to pay all direct costs incur_ed by ORLAOID0 for revising the said grant application. Upon being notified by EPA of EPA's determination as to the feasibility of such proposed changes, ORLANDO will promptly notify the AGENCY of the determina- tion. 5. HOLD HAPtILESS . The AGENCY hereby agrees to indemnify and save charmless the CITY OF ORLANDO, its officers, agents, consultants, and employees from and against any and all liability, claims, demands, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including attorney's fees and attorney's fees on appeal, of any l,incl or nature arising or growing out of or in any way coniected with any and all acts of omission or commission of or by the AGFNCY, its officers, agents, -3- pp5 k consurr-ants,, or employeeB when acting pursuant to lawful authorit) The AGE14CY avgrees that in the event an audit or review of the Project. 07' any portion thereof is pc,rformecl_by the EPA, or by any other federal or Fust c, agerocy and such audit or review results in a demand for a re•funci of any monis,;; paid to the ACENCY through ORLANDO, the AGENCY Es��,rcrE�;. tO Tc°fur,cl 011y suc11 SUM of money finally determined to b£, clue to t1',r- fc�df'rnE f'.nve'T-imi-nt and agree, in such a case to indemnify and 11c�Id 01:1,A1vD0 in the manner set out in the predeeding sentence. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly Executed by their authorized represenatives as of the date first alcove written. CITY ORLAt7D0, a m "cipal cor ratic BY RL T, L i(""'ORD, Ala• Att t i GRACE A-CHE41P7i G, ity es: APPROVED as to fors! ani legality, A.D., 1 97`x. 4iDAttorney City of Orlando, Florida CITY OF WINTER SPRINGS,1FL0 DA, a municipal corporation / }� TMy J . I ND, Pryor Attest; NARY T. NUKTON, ADD;:NDUM TO INTT. PCOV1,MM3;NT7il, ArRI'XMrNT BnWEErq AND T!t CI'i'Y OT' f31tia/lr1UC), T'LOR] DA 1269 X772 �FiGiA; l CdiftD EE�ik9f f ` t f ie THIS ADDENDUM, made an6 entered Sato this day of Nc>vemlaer, 1978, by and bc,twc ,j the City of Orlando, Florida (hereinafter referred to a;: "01)ando"), and (1Er re i .+f ter sometimes referre to as "Agency"') WITNESSETH THAT: WHEREAS, Oxlando and Agency entered into an Intergovern- mental Agreement �regarding the conduct of a Facility Plan shady with respect to a regional sewage treatment facility to be known as the Iron Bridge Plant; and WHEREAS, (Orlando and Agency executed an Amendment to the said Intergovernmental Agreement for the purposes of approving and accepting the Facility Plan, and making other covenants with respect to implementation thereof; and WHFI?EAS, prevision was made in 9!___L_,__- of the said Amend - meat for the parties to negr�tiate in good faith to reach agree- ment as to criteria fnr the charges to be paid by Agency to Orlando, and to establish a commitment by Agency to deliver wastewater to the Iron Bridge Plant; and WHEREAS, the parties have executed this Addendum to record their agreement as tca criterz.a for the charges to be paid by Agency to Orlando, and as to Agency's commitment to deliver wastewater to, and Orlando's duty to construct the Iron Bridge Plant, and to record their agreement upon the other matters hereinafter recited; and WHEREAS, provision has been made for simultaneous exe- cution hereof by Agency and by South Seir=n3.e and North orange Wastewater Transmission Authc;rity ("the Authority"), and for the assignment hereof to the Authority to facilitate the Authority'--; accession to all of the rights inuring to, and duties accepted by Agency herein, upon tho ion; h-l".inafter stated; I 1 ji€l/7 S X2691173 - oar IF FIC a, ;."ORD NOW, THEREFORE, in consideration of the mutual `cove- nants hereinafter recited, the parties hereby agree as follows: In 1481 The initial flow to bu- d01 ivcred by Agency to the Planta will be not less than 0 AhG?>. OT 3ando Esgrt e F� that the Iron Bridge Plant will bc, con;truc.ed by the date hezeinabove speci- fied at least to. that degree of completion which will enable Orlando to accept and treat Agency's said flow of sewage. Neither party shall be deemed to be in violation of this provi- sion if, notwithstanding diligent efforts on its part to do so, it has been prevented by circumstances beyond its control from completing the work herein contemplated by the date specified. 2. The following YneariSngs shall he ascribed to the terms listed below for purposes of this Addendum: "Committed Flaw" shall mean the average daily flow, expressed in millions of gallons per day (MGI]) which Orlando agrees will be available at the Iron Bridge Plant, subsequent to the completion thereof and throughout the term of this Addendum, for treat - went of sewage collected within Agency's retail sewer service area. "Contracting Entity" shall mean Agency and any other governmental unit (other than Orlando), or General Waterworks Corporation which shall have entered o runterparts of this Addendum prior to November 1978. "The Bonds" shall mean the $22 million of Sewer Revenue Bonds, Series 1978, heretofore issued by Orlando. A schedulc of payments due under the Bonds is attached hereto as Exhibit A. "Common Facilities" shall moan the Iron Bridge Plant and the interceptor from the intersection of Mcculloch Road an 3 r�an rtoad Ya the headworks of the Pla;�t, togs-'i_hi. k3l , 111 1_.,16, t=i;cments, equipment, -1- 11/10/78 1 2 6 9 1 174 06v fFiC�ac�G114 stm NL.E N t buildings, and other .improvements attached or appur- tenant thereto. "Common F'„ci l i t ies Dcbt Service" shall mean that portion of the- paymonts due under the Bonds as is attributable tv t}�c C•omman F'acil3ties, and is to be determined ir. t.li[: U�anner st�]t(,0 1�C'.IoW. 3. Agency=hereiiy requests, and Orlando hereby agrees to reserve for Agency a Committed Flow of 0 MGD. (The number to be inserted shall not be less than the average daily flow collected within Agency's sewer service area during the fiscal year ending September 30, 1978, and shall not be greater than Agency's anticipated 1980 average daily flow as shown in Table 3-1, Appendix VIT3-D-10, Volume 111, Technical Appendix, of the Facility Plan.) This Committed Flow shall not be sold, sublet or assigned by Agency in whole or in part. Subject to the provisions appearing hereiri?)elow, the amount of Agency's Committed Flow may not be reduced by Orlando except with the prior written consent of Agency and on terms acceptable to it, so long as Agency shall be in compliance with all of its obligations herein- above and hereinafter set forth. Orland CAereby reserves to itself a Committed Flow of 12.5(2MGn. 4. 111he Common Facilities Debt Service shall be deter- mined in the following manner: (a) Orlando's ut)reiMbUrsec3 cost of professional fees and other costs incurred prior to September 18, 1978, attributable to the Common Facilities, and its cost in acquiring the Plant site, total $1,965,471..28. (This amount shall be reduced by $60,050. if Orlando elects to construct the Plant at an initial_ capacity of 24 MGD, and shall be reduced in any event by any grant reimbursement received by Orlando with respect to anv of the costs included in the aforesaid total amount.) (b) Orlando's unreimbursed cost of constructing the Cormnon Facilities s})ai1 be identified by Orlando, and shall inc3ude all p�;yments made su?:�sc!quent to Sentemher l8, 1978, to - 3- 11/10/78 i 269 (�7a $FI Ficit, contractors and suppliers, and o)l other cox.rtfi such as engineering and other profs— sional fees, night.-of-w,ay costs, and administra- tive expenses incurred by Orl,:indr, in connection with the con- struction, suv,urvision, dcsict:, str,rt up, inFfpoc..tion or testing of the Common Facilities, as; wcr)l zsc al'l caste: incurred by Orlando in the acquisition or f,ca'fo rnanc of g3 ,r t. pertaining to the common Facilities, and in fhe ac�uisit.ion or performance of permits or other legal compliances required by regulatory authorities. (c) The City's cosh �, .cd a.: ;^.g rhe 114TR sewer revenue bonds are the sum of the following: (1) Discount allowed of $214,944.85. (2) Provision for the Reserve Account of the Sinking Fund in the amDunt of $2,374,844. {3) Fiscal agent and other gees, rating agency fees, printing, and other costs in the total amount of $210,356. (This figure includes estimates for certain cost items. It will be adjusted downward only when actual amounts are deter- mined, on or before November 8, 1978.) (4) The sr:m of $3,073,106.25 capitalized in the Bonds for interest due on the Bonds prior to the time the Plant is placed in operation. (d) The sum of $22,000,000 acinus items (a), (b), and (c) above represents, and shall be called "Other Bond Proceeds," which Orlando will utilize for projects other than the Cotikmon Facilities. (e) The total amount of the Bonds allocable to the Common Facilities shall be the total of: (1) Items (a) and (b) above (being the direct cost of the Common Facilities), anti (2) Iter; (c) above times a factor equal to Items (a) and (b) divided by the tote] of Items (a) and (b) and (d) (being a pro rata a110c�ltios of the o.atlays made in the issuance of the Bonds). 11/10/78 i FFlci4, f",FSI (f) Thr Common Facilities Debt Service due in each year hereunder shall bc, the proc?uCt of the total princi�sal and interest due in such year under the B—Cls, times Item (e), divided by 522,000,000, times 1351. (Thc principal and interest due shall he reduces) by eaj,nIn�}' a.,t_zciPA t(°d during the year in question from amount„: on dc,pi )o:St in t13U S:r3l:ing Fund Reserve Account.) 5. It is not possible now to compute the Common Facilities Debt Service, since Item 4(b) is not now ascertain- able. Orlando will prepare and transmit to Agency an estimate of Item 4(b) on or about July 1, 1979, or as soon thereafter as practicable. Orlando will update this estimate each six months thereafter, and furnish .Agency a copy thereof, until an exact computation of Item 4(b) can be made. If exact computation of Item 4(b) is not possible by April 1, 1881, Orlando shall estab- lish a reasonable estimate thereof, and of the COTT;ion Facilities Debt Service, and payments by Agency shall he based thereon, subject to prompt adjustment when an exact computation of Item 4(b) can be made. Orlando's records pertaining to Item 4(b) shall be available at all reasonable times for inspection by Agency. Orlando's records pertaining to all other components of the Common Facilities Deht Service are how, and have been avail- able for inspection by Agency. 6. Agency unconditionally agrees to commence payment to Orlando of Agency's share of the Coaunon Facilities Debt Service on April 1, 198ar and to continue paying the same there- after, irrespective of Agency's use or non-use of the Iron Bridge Plant on that or any later date. "Agency's share” of the Common Facilities Debt Service shall be determined by dividing its Committed Floe by the aggregate of all CO=tted Flows of Orlando and all Contracting £ntS.ties, including Agency. At the execution hereof, the initial capacity of the Iron Bridge Plant, the number Of Contracting Entities, and the Conunitted Flows of such Con- tracting Entities are not ;mown. For tha! reason, theoretical 1.1/10/76 2 6 �11E ORO IENIN("! (A participations are assumed below for the purpose of defining ghee method for determining Agency's share of the Corunon Facilities Debt Service. Agency'E= actual share shall be determined based Upon the Committed Flows of 831 Cc>ntrG)cting Entiti.eS, once that haE, been established. F'ric>r tc� its, delivery of this Addendum to Orlando, Agency has satisfj(>(3 itself thM the total number of other Contracting Entities iW acceptable to it. Assume that the following become Contracting Entities, and reserve the Committed Flows shown: Committed Flows Percentage of (MGT)) Committed Flows Orlando 10.8 58.38 Winter Park 2 10.91 Maitland 1 5.41 Casselberry 2.5 13.51 Seminole County .4 2.16 General Waterworks 1.8 5.73 iF.5 100.00 a Each Contracting Entity's share of the Common Facili- ties Debt Service would be that "Percentage of Committed Flows" appearing opposite its name above. Taking Winter Park as an example, and ass_i ng solely for the purpose of illustration that the Common Facilities Debt Service is computed to be 70$ of the total debt service on the Bonds: Winter Park would be responsible for 10.81% of the Common Facilities Debt Service. On the first day of each month, commencing April 1, 1981 (since Sinking Fund earnings, together with capitalized interest, are believed to he sufficient to carry the interest through rl irch 31, 1961) , Winter Part: would pay to Orlando 10.81 percent of the interest due as Common Facilities Debt Service, reduced by anticjp, ted cnrnings from the Sinking -6- 11/10/78 1269 x/78 " 1FfjL i� r.4R@ It 04 L L Fund Preserve Account. These pba ments would continue t�hroug� march 1, 1983. Based ori the above as.;umption and the further assumption that semi-annual earnings or) the Sinking Fund Reserve Account Iota] $75,000, thF'!.L mor:t.hly pGeyrnc'nt.s would be ($682,913 15, 0'10) ( , times .70 x . IO Bl x 1.315, ca $10,350. Cin t1,e first_ of eacnj month, April 1, 1983, Winter Park would pay to Orlando 10.81 percent of -the interest and principal due as Common Facilities Debt Service. (Thus would commence accumulation of the principal payments due April 1, 1984, and April 1st of each year thereafter.) These payments would continue until the Bonds are paid in full. Credit would be given when the Sinking Fund Reserve Account is applied to the final payment(s) due under the Sands. The annual, principal payments commence at $120,000 in 1484, and increase annually thereafter, as reflected in the attached schedule. Assume: that anticipated earnings from the Sinking Fund Reserve Account are $75,000 semi-annually, and that the Operations and Maintenance Fund is not in a deficit condition, an<l that. the "coverage" Sur- plus of $500,000 .referred to in 117 below has been funded and is not required for Common Facilities debt Service: Winter Park's monthly payment due April 1, 1963 would be (($682,913 - $75,000) 63 + ($120,400 = 12) x .7o x .1081 x 1.00, or $8,423. 7. 1t is anticipated that payment of Common Facilities Debt Service including the 35� coverage factor may result in the accumulation of a surplus after all requirements of the ordinance authorizing issuance of the bonds have been met. In that event, the Citv may accumulate and maintain a maximum aggregate surplus from such payments of $500,600 in a restricted account in the Operations and Maintenance Fund, to be used only to cover tem- porary shortages in the Over tions and 1,1ainteviance Fund subse- quent to Agency's delivery of flows to the Plant, or to pay that portion of the Corunon Facilities Debt Service which any Con- tracting Entity may defaiult in paying at any time. The remaining - 7- 11/10/72 269 7 40 r. FFiClio .;L 1�; f LA surplus which is ,legally available under the frond covenants at the end of each fiscal year, if any, resulting from payments by Agency of such coverage factor will bt, applied as credits to the amounts due in the next succf�ccclincj year f rom Agee icy for Common Facilities Df -,ht Suez'vice. Such credzt.!. sha11 be allocated to all Contracting Entities and Ozlandr) in the ratio in which each con- tributed to the sccumulation thereof` Interest. from time to time earned on Agency's contribution to such restricted account shall remain in the operations and Maintenance Fund to be applied against Agency's operating costs in the next ensuing fiscal year. 8. As utilization of the Iron Bridge Road Plant prog- resses, it is likely that a Contracting Entity may deliver to the Plant in a given year more than its Committed Capacity. Such entity will, within 60 days following the end of the fiscal year in which this occurred, pay into a separate account to be main- tained by Orlando the amount of debt service allocable to this excess usage in the prior year. (Should a Contracting Entity initially deliver sewage to the Plant at a date other than the first flay of October, any such payment for usage in excess of its Committed Capacity in that initial year will he prorated on the basis of the nurziber of days remaining in the fiscal year after the day on which its flows first commence.) The aggregate of such payments for excess usage will be promptly distributed by Orlando to itself and to each Contracting Entity in the ratio of their respective payments of Common Facilities Debt Service in the fiscal year involved. For example, if Orlando exceedea its committed flow by .5 MGR in the fiscal year ending Septem')er 30, 1994, and no ot'jer Contracting Entity exceeded its ccraM.tted flow, in that year, Orlando would distribute .02E [.5 (13.5 + .5)) times the Common Facilities Debt Service (times 1.35, if applicable). Winter Park would receive 1,0.Blt of this payment, assuming that it had paid its prescrj;)e,d portion of the Common Facilities [debt Service. 11/10/78 �FflEia, i�G,tD Fla once Orlando or any Contracting Entity shDll exceed its Committed Capacity in any fiscal year, it. shall thereafter give prompt written notice to Orlrrndc) and each Contracting Entity of any proposed new sewage g��ncr'z�tt�r within it,r service area which would, when Completed, r(�pj cnt. zan ann-,ial average daily flow in excess of 50,000 gallon., Kaci c3,1y. Nei.ther..Orlin.dU.ncr....any... QQIt.racting...Entity.shall. emceed.... its Committed Capacity by an amount which would encroach upon the Committed Capacity of other users of the Plant. 9. It is possible that. the Iron Bridge Plant ini- tially will be constructed in a capacity in excess of the total of the Committed Flows of Orlando and the Contracting Entities. Orlando reserves the right to make portions of such excess capacity available to one or more entities which did not ini- tially execute counterparts of this Addendum; provided, that it may do so only if: (a) Agency's Com itted Flow is not impaired by such action, (except that this may be done with Agency's consent and upon terms acceptable to i.t), and (b) The amount_ of capacity proposed to be made available to a "new" entity will not exceed the amount by which the capacity of the Plant exceeded the average daily flow of orlanaa and the Contracting Entities in the immediately preceding fiscal year, reduced by any capacity previously trade available to any "new" entity. (c) Utilization of any portion of the Common Facilities shall not he afforded a "new" entity on terms materially different or substantially more favor- abla than those agreed to herein by Agency (except that Orlando shall not nt- ohlirat_d to any Contracting Fntity other thar. Seminole County with respect to the provisions included in the, Intergovernmental Agreements dated June 8, 1977, and December 6, 1977 between Orlando and S minolc Courty;. 11/1Df78 6 269 PfiCjA, 'GOND LF�tfNi.:j 'll (LA (d) Any capital pa)fments received by Orlando from a "new" entity with resPect to the COM-mon Pacilit.ier, or any portion thereof, shall be applied by Orlando in a manner inuring ecjutahly to tl)e benefit of all Contracting, (e) Agenry sl+all be Offered the right of first refusal to increase its Committed'Capacity, in the manner stated hereinbelow, and shall have failed or declined to exercise su-ch right of first refusal. Orlando shall give Agency written notice of the amount of capacity which it proposes to make available to a "new" entity, and the price and other terms of such proposal. Agency shall have the right, within 60 days following its receipt of such written notice, to elect to purchase up to its proportionate share of the capa- city offered to the "new" entity, on the same terms as offered to the "ne:" entity, and thereby to increase Agency's Commitz,ed Capacity. if Agency fails to exercise its right of first refusal in a tamely manner, its right shali lapse as ro the proposed cransacti011 presented to it, but not as to any subsequent allocations of capacity which Orlando proposes to make to a "new" entity. Agency's "proportionate share" shall be its then -Committee: Capacity, divided by the aggregate of the then -Committed Capp.city of Orlando and all Contracting Entities and all "new" entities previously admitted to usage of the giant, multiplied by the capacity whicri Orlando proposes to make availa}w)le to the "new" entity. This subparagraph (e) slAall be void and of no effect unless the my t.ia1 cn_„m tte.d Ca- -it pt a 1 Contracting Enti ties shaI 1 eciva.l pr exceed -fr MOi7. n any event, this subparagraph (e) sj,all not be enforceable: (a) in a manner vaoiativi_• of YGFjulations, (b) in a manner violative of t?<< 11/10/78 DGo. 6SIG�d L.G:tD Ii ILA Sero nole County dot ocl ,lune 14, 3.977, and December 6, 3977, or (c) or, tcz tr sr actions in which Orlando pro- pose,,, to ma) -.c• exck,.,.: r,, f ,sci ty avai 1 ible to Winter Spr i rzgz; o). (>vr i cic,, _,1 i�cc the F'aci l i ty Plan does no, envision will be initial users of thr. Plant 10. Under the provisions of 1,12 of the aforesaid Amend- ment to the Intergovernmental Fgreement, Orlando may be required to expand the capacity of the Iron Bridge Plant at a later date. Prior to doing so, Orlando will offer Agency the right to reserve additional Committed Flows in the expanded facility on an equit- able basis with Orlando, other Contracting Entities and "new" entities. Whether or not Agency elects to reserve additional Comrni.tted Flows, Orlando shall consolidate the Common Facilities Debt Service with the additional debt service required in connec- tion with, or allocable to expansion of the Plant. Agency will thereafter participate in payment of such aggregate debt service in the ratio wrhich its committed flows bear to the committed flows of all other entities which have reserved committed flows in the Iron Bridge Plant, as; expanded. The calculation of such debt service participation shall be performed, and payment there- of shall be made by Agency, in the same manner as hereinabove provided with respect to the initial construction phase. 11. Pursuarst to 113 of the aforesaid Amendment to the Intergovernmental Agreement-, Orlando agreed under certain condi- tions to sell the Iron Bridge Plant to a regional authority or to a s3)cressor agency established by an act of the Florida Legis- lature. It is hereby agreed that such right to purchase shall expire if not exercised on or before April 1, 1984_ Prior to or subsequent to that 6atc.', Orly ;r?ci rr,ay sell thc2 Plant to such an authority only if the terms and conditions of such sale and the composition of, such a>)thority shall be acceptable to Orlando, and to two or more of the Contracting Entities wha, in the fiscal year irnnediatcly salcc cicl verec: to the Plant 60Z -li- 11/10/78 1 2 6 9 f63 Mo Ff �ALr (.RD or more of the: aggregate of all sewage delivered to the Plt by the Contracting Enti.ties during such fiscal period. 12. Agency hereby agrees that it will. not, without the prior written consent of DY"ondo , and on term, acceptab)c: to Orlando, deliver sewagf- to tlir, l ron Bri.c)cp Plant from any paint outside of Agency's retail scr:c,r serv.icc. areas from time to time existing. 13. At such time as Agency shall have commenced to deliver sewage to the Iron Bridge Plant for treatment, it will pay those additional operating charge components listed below, calculated in the manner provided in Exhibit B attached hereto_ Fee Components as Follows: 1. Iron Bridge Regional Treatment Plant - Opera- tion and Maintenance. 2. Transportation System (Interceptors, including pumping stations, force mains, and gravity sewers) operation and Maintenance. 3. Adziinistration Costs Not in Treatment Plant Operation and Maintenance Cost Center. 4. payment for Use of Existing Facilities (Crane Strand Outfall - this charge not applicable to Agency). 5. Special Services Surcharge. 6. High Strength Waste Surcharge. 7. Hydraulic Peaking Factor Surcharge. 8. Industrial Cost Recovery. Orlando shall invoice these charges on the fifth day of each month based an flows in the preco ding month. Agency shall pay such invoices within ter days fallowing receipt thereof. Whenever it shall be to install, calibrate, and read meters or other devices to picovidc data necessary in the calculation of charges due from Agency for the treatment of its sewage, Agency shall be res:onsi5le for all costs associated with such installation and r.alit:r< tio::. d 184 M�R r1c« tllz 0O1D Sim 41, 1 FLh 14. Orlando previously has Supplied Agency with certain preliminary cost data, at Agency's request and for the purpose of enabling Agency to estimate the effect on its fees and charges of its utilizat,io;� of the iron Bridge Plant. Agency hereby releases OrIandcGr a,;rJl it., emplayecs, consultants, and representatives from any and all elaSms or liability of any kind with respect to the furnishing of any such preliminary cost data. Further, Agency acY,nowledges that the assumptions and examples included in this Addendum and in'Exhibit B attached hereto are for purposes of illustration only, and that neither Orlando nor its employees, consultants or representatives shall have any liability should any of the facts assumed or included herein prove to be inaccurate, except that Orlando is and shall be responsible for the accuracy of the costs set forth in t4(a), (b) and (c) above. 15, The agreements herein recited shall, continue in full force and effect until April 1, 2007, or at such earlier date as Orlando shall convey the Iron Bridge Plant to a regional authority pursuant to the provisions of 113 of the aforesaid Amendment to the T_ntergovernmcntal Agreement, as amended in $11 hereof, and the Bonds be discharged, and such regional authority shall have accepted by fors5al assignment all of the rights herein provided for each of the Contracting Entities. 16. Agency shrai] be considered a third party bene- ficiary of any counterpart to this Addendum executed between Orlando and any other Contracting Entity. In all other respects, no third party shall be deemed a beneficiary of any of the pro- visions of this Addendum. 17. Except as herein specifically provided, each of the terms and conditions of the said Intergovernmental Agreement and Amendment thereto shall continue in full force and effect. 18. This Addendum: is executed at a time when the amount of Orlando's propocd award for construction of the Plant 11/10/78 i 269 11 e loco OFF cG LAD is not known, but with certpin expectations as to�M'Ewmca!re of such award. Should the lord{] s}arc of the cost of Orlando's proposed aware} exceed $10.25 million for a facility with initial capacity of 1.6 MGD,.or $12.5 million for a facility with initial capacity of 24 MGD, or a stI�jj ;t Jin( into= elation of those- dollar totals for an int_ccrrEr JI -J .>tc. ir,it ial c�p ioi ty, Orlando steal] give Agency written notice: ai •<.. ul, proPosc�ci aWard. Agency shall thereupon have the right, within 15 clays of .its .receipt of Orlando's notice, to terminate this Addendum, and the aforesaid Intergovernmental Agreement and Amendment thereto, by delivering written notice thereof to Orlando. If Agency does not exercise such right of termination within the time allowed, it will be conclusively presumed to have waived that right, and this Amend- ment shall continue in full force and effect, whether or not other Contracting Entities exercise their respective rights of termination. 19. As between Orlando and Seminole County, the provi- sions of the aforesaid agrecrn nts between those parties dated dune 8, 1977, and DeceTal)er 6, 1977, shall be controlling in the event of conflict with the provisions of this Addendum. 20. !,he Facijaty Plan provides for Orlando to design and construct what is known as the Southeasterly Interceptor, conditioned upon availability of grant funds and compliance with regulatory agency requirements. Orlando shall have no liability to Agency if it does not construct the Southeasterly Interceptor, or amends the proposed size or alignment thereof as a result of the failure of any other political entity involved to observe, or cooperate in implementing trae Facility Play]. 21. This Addendum has been executed by Agency, and also has been executed by the Authority. The benefit and the burden of this Addendur and of tlae aforesaid Intergovernmental Agreement and of the aforesaid amcendmc-nt thLleto ("the Operative Agreements") may be assigned to the Authority by Agency with the prior written consent of or3u3iBo, and shall thereafter deal ll/30/76 2,6 9 6 °00. iiICIA, fLon 61AIN0. f J f LA solely wit4. the Authority as to all mattere provided between Agency and Orlando in t-ic Opert,tivo Acjreemc.r,ts, so long as the Authority shall faithfully FKT-form all of thu duties of all of the Contracting Entities urulct their resp-ctive Operative Agree -- meats with Orlando. or] ar,dk�' 5; ccot,<.;ent tr ucY, assignr ent must be giver: if mean is provic3rci fox Oi lanuu to rc Luin full recour�:c against Agency undea'_ the Operative Agreements between .Agency and Orlando in the event the Authority shall at any time fail to perform all of the duties of all of the Contracting Entities under their respective Operative Agreements. Provision is made below for such assignment and consent. IN WITNESS WHEREOF, the parties have caused these presents to be executed by their duly authorized officials on the day and year first above stated. P. At test nC��a,44 V Attest: 1 TfiE CITY OF ORLANDO, FLORIDA By Ala By: SOUTH SEMINOLE AND NORTH ORANGE WASTEN2iT'ER TRANSMISSION AUTHORITY 11/10/78 l 219 X187 fFICIAf {,CDR0 OEia,kq '.) .IA ASSJGN'✓I;N7' AND COHS77MT POP A GOOD AND SI;FFICIENT CON;;1r)ER717'ION, the receipt and adequacy of which are acknowledg�_•d, Acler3cy hereby assigns to the Authority all of Agency's rights arra ni�.ligations under, thc Opera- tive Agreements bet:wecr, it ar?d hcreinahove identified, and THE AUTHORITY hereby accepts the foregoing assignment by Agency, and expressly agrees faithfully to perform all of the obligations of Agency under the said Operative Agreements and to accord Agency all of the rights and privileges therein contained for it, and, as well, faithfully to perform a1l. of the obligations of all of the other ContrGcting Entities under their respective Operative Agreements with Orlando; PROVIDED ALWAYS, that Agency shall remain fully respon- sible and legally answerable to Orlando under the Operative Agree- ments between Agency and Orlando should the Authority fail to perform or observe the same, and further that Orlando shall at all times have and retain the right. to declare this Assignment null and void and thereafter to obtain strict compliance by Agency with its obligations ;ander the operative Agreements between Agency and Orlando should the Aut-iority fail or omit faithfully to per- form all of the obligations of all of the Contracting Entities under their respective Operative Agreements with Orlando, and should such failure or omission not be cured within sixty days following receipt by Agency and the Authority of written notice thereof from Orlando. IN WITNESS WH REOF, the parties have caused these presents to be executed by their dully authorized officers this /Lfr_ day of November, 1978. Wttest all B d� b .T.."'v 1u- Attest. CONSENT FFIC.A, +" €p IF wHo. Lt SOUTH SEMI NOL,E AND NORTF1 ORANGE WASTF4dAT.;R TRANSMISSION ALj,jj pRITY The City of Orlando, Florida, hereby consents to the foregoing Assignment this '%- ! clay of November, 1978. 'tAftest: c' 4-ty C rk ti rt -37- CXTY of ORLANDO, FLORIDA sy:4 �Y'- 1 269 Ott t91{MUt: XB) BTT A 1 F rn G i v M y p M b w m Ja w o �. rCi q�q S r W oedv nS r.a na wmpJw s� tNi,b W Y u Y w� -dim pm} -.n MNN • M N^ tl p fi 9 p�( Pm GI s++J v� Ptimwmmra uypo Q N M O O W �■i b' µrt �N rP� Y� f1 - p m✓✓.. � fe} t A @ ems R n +c t J+P w mmmm tivww ao- a o,an v�sFU r"a n mmm C 0 ��Oeggq R v�vv,b G G V b Nv�HGGGG vein oin m m m HST tN� NY�w�.......... A n � R �rP O Lyp p•pp p�O p V b an'nn o nn� dOd d b YA C fY-� c p i W o J C Y fu aw r�o ooP wpo`".P � z 1 e y o n n pnp P C w :r pmuu o- me wu �c to to vv�^ uvN vv�Nvu uw � S I I � N c`a o� ! w 6MP.- nw�Wiiom o�+,'o .,, ..W v. I,.wNw vNu��l.,wwwaa-a. lyw f 1 1 � Jam- ¢ s -M VOA WUV u r, NwrewnNm 1 1 1 t+ 6� � Y H [7 tl W m p �,t �� r - •V N o v ,ta w r b. Jt- I J m p P G 4 G P 0 1 rt C w k�- pm p.aw v m H 00 Pom mrnv� 1 1 f S p H o a- rGo R B kT pVN � Cf i?,9 G D N � Y - Y7 v X111BIT B TO ADDENDUM THE CITY Oi' ORLANDO, FLORIDA AND ffif�inut � r .a FEE COMPONENTS Agency and- ilrinndc) agree that. rage., for treatment and transmission of Agency's sewage will be based on a reasonable application of the fee comPonent5 set forth below, with such rates being set by the, Orlctnlo City Council, and in accordance with a definitive agruement to be executed between the parties prior to actual transmission of sewage to the regional facilities. Orlando agrees to afford Agency the .lowest rates for treatment of Agency`s sewage as Orlando makes available to any other user of the samo classification whose service area lies outside the service area of Orlando. (The United States Navy and the Greater Orlando Aviation Authority, for example, would not be considered a "user of the same classification.") FEE COMPONENT 1 - IRON BRIDGE REGIONAL TREATMENT PLANT OPERATION, MAINTENANCE & OTHER CRITERIA - ALL USERS Basic rate will be arrived at by dividing anticipated flows into anticipated Operation & Maintenance expenditures, plus certain capital outlays and renewals and replacements, reduced by revenue from other than provision of sewer service (such as the sale of pelletized sludge). Should actual revenues exceed or be less than actual expenditures, the surplus or deficit so realized, as reflected in supplemental information contained in the City's annual report of audit, with necessary additional detail to be verified by the City's Director of Finance:, and as adjusted to maintain a reasonable fund balance, will be invoiced or credited to the using entities in the next succeeding year. Such "reason- able fund balance" shall not exceed two months` anticipated requirements for operations and maintenance, based on the City's budget for the fiscal year involved, and shall be utilized only for expenses of operations and maintonancc as and if required. DEFINITIONS - ALL USERS 1. Anticipated Flo�,'s - Total floW in million gallons projected by the City to Ix' c3ischarc,cc? to tho Regional Treatment ! i 269 aim facilities during a 12 -month period. The twelve month period shall be the City fiscal year. 2. Operation & Maintenance Expenditures - Those expenditures incurred in Ole op—at.ion and maintenance' of the treatment plant and appurtenant fac�ilitje.s inc=luding but not limited to the, following tYP(-ca of cosi: E>;ccutive Salaries, Salaries and Wages - Regular Employees, Salaries and Wages - Extra Help, Overtime - Regular Employees, Employee Benefits, insurance, Traveling Expense -Training, Telephone and Telegraph, Postage, Auto Allowance, Motor Transport Hire., Rents & Leases, Electric, Gas, water & Sanitation Charges, Subscriptions and Memberships, Repairs and Maintenance, Advertising and Legal_ Notices, Professional Ser- vices, other Services, Cleaning and Janitorial Supplies, Elec- trical, Bardware and P7ujnt)ing, Agricultural and Horticultural supplies, Medical Supplies, Recreation Supplies, Chemicals, Paint Lala supplies, Fuel for Heating, Gasoline, Lubricants & Grease, Tires and Parts for Equipment, Uniforms and Clothing, other materials and supplies and small tools. These operation and maintenance expenditures will he maintained in a separate cost center limited to those util.i,zed directly in the operation, management and maintenance of the regional facilities. 3. Anticipated operation & Maintenance Expenditures - Expenditures that are forecast by the City for a 12 -month period for which rates are to be set. and shall be based on the City fiscal year. 4. Certain Capital Outlays - The local share of funds that are articlpated to be needed for the improvement, extension or acquisition of equipment, facilities and other capital assets necessary to maintain the design capacity and performance, or to facilitiate operation of, or to con�,,ert or modify the treatment process of the regional facilities. The total amount to be charged hereunder sha11 not, without Agency's prior consent in -2- i 9 ? oc, fFiCEF i7 Siwii,,,3 4e. any year exceed 7-1/2% of thc• operations, and maintenance budget for the treatment facility in su:lr year. Thc, aggregate amount of unexpended funds collected for the purposes and by the means herein stated shall not at any time exceed $500,000 without Agency's prior- consent.. 5. Renewal „and itr_(,lacerrcnt Outlay=. - Funds that reasonably arc- required under the terms of the Bonds, and as provided in the City's budget, for renewal and replacement of equ_JP- en4 and rmmno—n- Yhich comprise or are used in nnnnvr- . tion with the treatment facility. FEE COMPONENT 2 - TRANSPORTATION SYSTEM (INTERCEPTORS, INCLUDING PUMPING STATIONS, 'FORCE MAINS, GRAVITY SEWERS) OPERATION & M.AINTENAI�CE CRITERIA - ALL USERS An O&M charge for sewage that flows through any part of the interceptor, from point where Crane: Strand force main discharges into the gravity sewer on Dean Road to the treatment plant, will be levied at an initial rate of $10.00/million gallons. This rate will be adjusted annually based on the actual operation and maintenance cost expended on this interceptor dur- ing the previous twelve month period, and the relative use by flow of the various users. Due to this being a relatively short section of pipe, O&M casts will not be projected in a separate cost center budget. Operatinq and maintenance expenditures, including labor, equipment and materials will be accumulated under work orders as money is expended. FEE COMPONENT 3 - ADMaINISTRATION COSTS NOT IN TREATFIP,NT PLANT O&M COST CENTER Two types of administration costs will be recognized: I. City of Orlando Sewer Utility Administrative and Supervisory Personnel. i13 FtC11 II. City of Orlando Personnel 6, Facilities not included in sewer utility budget, but which provide general support to the sewer utility and to other departments of the Ci ty. . CRI'T'ERIA - ALL USERS I. For Sewer Utility Administrative"s R. Administrative Personnel costs, including direct compensation,fr e benefits and payroll tRxes- avnd materials and supplies will be accumulated in a separate cost center. The fee component per million gallons will be calculated by taking the annual expense {A) under this cost center and mul- tiplying it by the ratio of the total number of regional treatment plant employees (E) to the total number of regular department employees (C) and dividing this by the total annual flow in the Regional Treatment Facility (Q) in the previous fiscal year, i.e, Administrative I = (A X (H/C)/Q. This method will provide for the next year's rate to a]v:ays he based on actual historic costs. charges. II. other Administrative Costs: A. Will be 100€ of Type I Administrative Definition of Terms 1. Personnel Costs, lncludincg Personal Services, Manerials, and Supplies - Are made up of those types of items as identified under the definition of operation and maintenance ex- penditures described under Fee Component I. 2. Total Number of Regional Treatment Plant Employees - will be the total nurser of approved positions that are allocated in the separate cost center which is to be established for the Regional Treatment Facili.tics. The types of positions that will be included in this budget center are identified on Page 9-14 of "'Volume I of the Facility Plan: Orlando Easterly 201 Planning Area." (H in Equation I.) -9- 1 2.69 X194 3, Total NunEb(,j- of )tecjulur Department m loyeeg W r Total number of approved positions in the City of Orlando Waste Water Department budget centers. Such personnel are employed in the administration of the waste Water Department, operation and maintenance of treatment plants, operation and maintenance of gravity and pressure sewers, and pumping stations. 4. Administrative Yersonnel - Employees who are responsible for supervising and administrating the general operations of the department. At present, these positions would be listed as follows: Superintendent, Assistant Super- intendent, Waste Treatment Plant Supervisor, Office Supervisor, Secretaries, Radio Dispatchers, Payroll and other Clerks, Book- keeper, and Engineering Technician. FEE COMPONENT 4 - PAYMENT FOR USE OF EXISTING FACILITIES (CRANE STRAND OUTFALL) CRITERIA This component would cover replacement cost of the 4.5 miles of 42" outfall, pipe which will become part of the Crane Strand interceptor system. This outfall line has already been paid for by the City of Orlando customers, but will be utilized by others who may discharge into the Crane Strand system in the future. (Since Agency's sewage will not flow through the Crane Strand Interceptor, this component shall not be applicable to it.) FEE COMPONENT 5 - SPECIAL SERVICES SURCHARGE CRITERIA - ALL USERS The surcharge for emergency service is a contribution by all users to defray the expense borne- by Orlando to utilize labor forces and equipment wl}ich is available from Orlando to serve the regional facility in Cases of emergency or need, but is not included as the basis for payment of fees in any other fee component. These forces basically consist of personnel and equipment in the Lift Station Section tincludi,ng mechanical and 2 6 electrical repair and maintenance) and Collection Line Section of the Wastewater Department. as wel) as the heavy equipment in the City of Orlando Street Maintenance Department which may be utilized by the Wastewater Department-. The City will accumulate under rrork orders the actual, billed cost of providing the personnel and ecuipment above identified, _as needed for the regional facility. These costs shall be categorized as follows, and shall neither exceed the rates which the City by policy from time to time charges other City departments for similar services, nor the rates for such services prevailing in private industry in the Central Florida area: Labor: Actual wages, payroll. taxes, and fringe benefit costs. Materials: Actual cost. E�ipment: Daily or hourly rental rates, as applicable. These costs shall be aggregated monthly, multiplied by 125%, and that product shall be allocated and charged to all users in the next succeeding calendar month on the basis of their respective flows in such month. FEE comPcmr_NT 6_- HIGH STRENGTH WASTE SURCHARGE CRITERIA - ALL USERS A. Surcharge for abnormal strength wastes. A surcharge shall be imposed where the wastes from any customer contain an abnormally high BOD or suspended solids concentration. The sur- charge in dollars shall be computed by multiplying the average mg/l of each constituent above three hundred (300) mg/I times the metered sewage flow during the billing period in millions of gallons times a treatment surcharge factor. 269 X196 OF , FFIPC"On R. The surcharge fesctor shall be dorived 8nnually from the following formula (the factor of 500 being the maxi- mum normal BOD plus suspcncic:d solids contenj. expressed ir. milligrams per Liter): Surcharge Factor Cost. of treatrj ntPer million gallons C. The City will take samples at least once each month. Should a s -ample show abriot.-nal strength, the City will take 2 additional samples within the next succeeding 10 days. The average of these 3 tests will be used to determine whether a sur- charge is due, and, if so, the amount thereof. The customer may request additional samples, and the City will take such addi- tional samples and include the results thereof in calculating the average strength in the month in which taken, provided that the cost of such additional samples shall be paid for by the customer at the rate then prescribed in the City Code. Definition of Terms 1. Surcharge - Amount of money added to the customer's monthly hill to defray the additional expense that might be created due to high strength waste discharge to the Regional Facilities in the preceding month. 2. Customer - An entity, either private or public, which receives sewage service from the City of Orlando by virtue of the customer being connected to City owned gravity collection .line or by virtue of being tied into City owned interceptors or treatment facilities, or under direct contract to the City to receive sewage treatment. service. 3. $di] - Five day biochernical oxygen demand as deter- mined in accordance with the testing procedure as defined in Standard Methods, latest edition. -7- pQ R. 4. Sus ended Solids - Non -dissolved ®olids contained in the sewage that can be removed by filtration through a gooch crucible or laboratory filtration device as determined by the testing procedure as set forth in Standard Methods, latest edition. 5. Each Constituent- - Defined as either BOD or Suspended Solids as far as waste- strengt1i is concerned. 6. Cost of Treatment Per Million Gallons - The annual operational cost of the Regional WPC Facility as defined under Fee Component 1 (O&M), including costs based on the calculations de- scribed under Fee Component 3, in the preceding fiscal year, divided by the total flow to the Facility in such year, expressed in millions of gallons. FEE COMPONENT 7 - HYDRAULIC PEAKING FACTOR SURCHARGE CRITERIA - ALL USERS A. For each day that an entity discharges sewage to the Regional Plant for a Consecutive four-hour- period at a flow rate in excess of 200% of the ADPF, up to 250% of the ADPF, the entity will pay a 1% surcharge on its monthly charge for all fee components except. Fee Component 8 - Industrial Cost Recovery. For each 5% or fraction thereof in excess of 250% for a consecu- tive four-hour period that the flow exceeds the average daily peak flow, the entity will be :gilled anextra 1% on its monthly service charge. I. Average uai3y Peak Flow (ADPF') - The total flow during the four consecutive months of greatest flow during the twelve morkth period en3inq September 30, divided by the total number of days in such 4 -month period. Average Daily Peak Flow in such 4 -month period will bee based on the entity's previous record until the entity shall have been connected to the Regional plant for a 12 -month period erc?ing September 30. i'%fcii„Offo �� 2. Entity - A customer who is contracted with the City of Orlando to discharge sewage to Regional Treatment Faci- lities that are operated by the City of Orlando. 3. Regional Plant - Refers to those water pollution control facilities thbt.. are to be constructed at the Iron Bridge site by the City of Orlando. FEL COMPONENT 8 - INDUSTRIAL COST RECOVERY CRITERIA - ALL USERS This component will be structured as required by current EPA Regulations. SAMPLE CALCULATIONS The following sample calculations are intended to be explanatory of the methodology of certain of the above fee com- ponents. No representation is made that the numbers used are or will be representative; they are used for purposes of illustration only. Sample Calculation - Fee Component 1: 1. Rate Determination for First Year of Plant Operation, ANTICIPATED ACTUAL EXPENSE REVENUE EXPENSE REVENUE (IN TBOUSANDS OF DOLLARS) A- O&M 1,900, - 1718 1775 B. Other - R&R -0- - 43, - C. Other - Capital -outlay - Improvements -0- _ 55, - D. Sale of Pelletized Sludge 100, - 140, E. hydraulic Surcharge - - - 3, F. high Strength Waste Surcharge - - - 4, TOTAL 1,900, 100, 1816 1922 AN'T`ICIPATED FLOW - 12 MCD or 4380 M.G. SURPLUS - $166,00' SASE RATE CALCULATION - (To restricted FIRST YEAR account in O&M F, ($1,R0fl,-S100,)/4.38Q N.G. _ $410.96/M.G. or 41/1000 Gallons) E �FlLck �..tcos� �FEieD3: k 2. Second Year Rate Determination. ANTICIPATED ACTUAL EX1'EH5E REVENUEEXPENSE REVENUE (IN THOUSANDS OF DOLLARS) A. O&M 2062.5 - B. Other - R&P C. Other - Capital-Outlay- Improvc:ments 10, - _ D. Sale of Pelletized Slutige - 150, - E. Hydraulic Surcharge - - F. High Strength Waste Surcharge - _ TOTAL 2087,5 150, - ANTICIPATED FLOW - 4500 M.G. RATE = (20B7.5--150)/4.5= $430.56/M.G. Assume: (1) That Orlando elects to retain a working fund balance of $90,000 in the second year, leaving an available balance of $16,00 (2) that Orlando contributed 65a of the first year's flows; and (3) that entity X contributed 35% of the first year's flows. Orlando and entity X would receive credits of $10,400, and a $5,600, respectively in the second year, against the next ensuing monthly invoices. Sample Calculation - Fee Component 3: I. For Sewer Utility Administrative and Supervisory: A Annual Expense - $200,000 B - Total Number of Regional Plant Employees - 42 C - Total Number of Waste Water Department Employees - 150 Q - Flow in Plant (or est.) for year - 4000 M.G. Rate = (200,000 X 42) ' 4000 = 1.4¢/1000 Gallons { 150) 11. Other Administrative Costs: 100% of Type I, or 1.4 cents/ 1000 gallons. Sample Calculation - Fee Component 6: A. Cost of Treatment (Actual Annual/O&M Expenditures - calculations, Fee Component No. 1) = $1,718,000 B. Administrative Costs (Refer to Pee Component No. 3) 1 - Sewer Utility 200,000 X (42,150) = 56,000 lI - Other City {100;, of Type 1) 56,000 TOTI,L: $1,830,000 -10- C. 12&91000 Ip gpli, Ir COAD Total Plow an M.G. 4190 Sur ch a3Fi,� Yac•toz- _ 0,i;30,000/4100)/(,ft0 .73 Surcharge to be caluulutcd monthly ba,cvd on routine testing: Example: Sample too. BBD (M9/1,J)_ S. S, (Mg/L') 1 330 240 2 30'2 210 3 290 X10 TOTAL 922 660 AV"Z AGE 307 220 Flow for month 30 M.G. _ BOD BASIS = 307-300 = 7 S.S. BASIS = 220 (less than 300, therefore not considered) Surcharge = 30 X7 X .73 = $153.30 If the average suspended solids content for the three samples had been 320, the surcharge would be calculated: BOD BASIS = 307-300 = 7 S.S. BASIS = 320--300 = �J TOTAL 27 Surcharge = 30 X 27 X .73 = $591.30 Sa3ple Calculation - Fee Component 7: ASSUME: The entity, the South Seminole and North Orange County Waste water Transmission Authority, has the following discharg to the Regional Plant-. Total flow during 4 highest, consecutive months during the base 12 month period - 51.2.4 I'4.G. No. of days in 4 -month period - 122 ADPF = 512.4/122 = 4.2 MGI) If the Aut'nority discharged, on one occasion, 9.2 MGD for a 4 -hour period, the total monthly service charge for that month woul be increased 1€ (9.2 / 4.2 or 220'). Assuming the total monthly char was at a rate of $0,82/1000 ga�lons (total fee components 1-6), then the bill would be calculated as follo,,s if the total flow during the month in question was 145 N.G.: Basic Invoice 145 X $820 = $118,900 Surcharge: 118,900 X .01 = $1,189 If the Authority had discharged a flow rate of 9.2 RIGID for one, 4 -hour period, and 10.9 for one, four- -hour period, the surcharc would be as follows: occasion 1 - 9.2 1 4.2 = 220% (1' surcharge for being greater than 200') occasion 2 - 10.9 = 4.2 2608 (10 for being greater than 200%, anc 1% for each 5% greater than 250% fc a total of 3% surcharge) Therefore, for both occasions, a 4° surcharge would be levied, i.e., .04 X $116,900 = $4,756. - - -11- I AMFNDMENT I AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF WINTER SPRINGS, FLORIDA AND THE CITY OF ORLANDO, FLORIDA THIS AMENDMENT TO AGREEMENT is made and entered into 0this / ? .r.�1 day of _ ._ 4�, . /i _—, 19V, by and between the CITY OF' ORLANDO, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "Orlando", and CITY OF WINTFR SPRINGS, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as- "Winter Springs". WHEREAS, Orlando and Winter Springs previously have entered into Intergovernmental Agreements relating to the planning, construction, and operation of a Regional Wastewater Treatment Facility commonly known as the Iron Bridge Regional Wastewater Treatment Facility (hereinafter referred to as the "plant"; and WHEREAS, it is necessary to increase the capacity of the plant to accommodate current and future needs of Orlando and Winter Springs; and WHEREAS, Orlando has proposed to study the currently existing plant to determine if more treatment capacity can be obtained at current effluent discharge limitations without major" modifications to the plant (the rerating study); and WHEREAS, Orlando has also proposed to study the feasibility of expanding the plant substantially which would involve an estimated 16 million gallons per day (MGD) increment (the expansion study); and WHEREAS, it is deemed in the best interests of both Orlando and Winter Springs to amend the existing Agreements. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. That any additional capacity obtained as a result of the rerating study will be allocated to each party as set forth in Exhibit "A" attached hereto and made a part hereof. 2. That any additional capacity obtained as a result of the expansion study will be allocated to each party as set forth in Exhibit "A" attached hereto and evade a part hereof. 3. That the total cost, including Orlando's direct costs COUNCIL inc+ r�a4 tit administering the studies, of such rersting and expansion studies (currently estimated &t $500,000) w1.1J be borne by the parties in the same percentages as Set forth in Exhibit ,"A". Each party agrees to pay to Orlando an initial 25 percent cost increment upon the execution of this Amendment, and the remaining three 25 percent increments within 30 days after receipt of written notice to the parties by Orlando. 4. Allocated capacities are estimates only and may be subject to change as the needs of the parties change from the study phase portion of a possible expansion to the construction phase. ATTEST: 4race ewn ng, Ity er ATTEST: rty erK CITY OF ORLANDO By*n. $MP— APPROVED as__to form and legality,,19893 Af ty to, City of Orlando, lorida CITY OF WINTER SPRINGS S y i '✓� " �— Mayor f� AMENDMENT I EXHIBIT A IRON BRIDGE WPCF EXPANSION RESERVED PERCENT COMUNITY CAPACITY OF TOTAL Casselberry 1.0 segd 6.250 Seminole COUTIty 5,1 Ingd 31,975 Winter Springs 0.5 mgd 3.125 Winter Park 1.0 mgd 6.250_ Maitland 0.0 mg.d 0.00 Orlando 8.4 mg,d 52.500 Orange County 0.0 mgd 0.0 TOTAL 16.0 m, -,d 100.0 D p� CITY OF ORLANDO/CITY Cr WINTER SPRINGS v p r AMENDMENT TO iN7'EHG0VE=_'_?4ENTAL AC E£>IENT his AMENDMENT TO AGRU.'.ENT is madc and entered into this day of 1918, by and between the CITY QF ORLANDO, a municipa3 corporation existing under the laws of the State of Florida, hereinafter referred to as "Orlando", and CITY OF IVINI'ER SPRINGS, a murtdcipal corporation existing under the laws of the State of Florida, hereinafter referred to as *Agency". WHEREAS, Orlando and Agency previously have entered into an Intergovernmental Agreement dated "T 2 �, 1976 (hereinafter referred to as "existing agreement") relating to the conduct of a facility plasnning study under P.L_ 92-500 and planning for a Regional Wastewater Treatment facility (hereinafter referred to as "Facility"), which Facility is to serve Orlando and Agency as well as other gov-e=rmental agencies: WHEREAS, the facility plan is substantially completed and includes, but is not limited to, the determination that the single plant .regional wastewater treatment concept within the 201 Planning Area is most cost e-fective; the determination of the most cost effective first increment of the treatment/ disposal system and interceptor alignments (as indicated on Exhibit "C" attached hereto); t}a development of Interim Imple- mentation Plan; and updating of the F.nvaronmental Assessment Statement; and it is necessary to complete certain other elements of the Facility pian not completed under the existing agreement; an WHEREAS, Agency is currently served by two privately (non -municipally) owned utility companies which Agency is contemplating acquiring. The following provisions of this Agreement, except ratification of. Facility plan, are contingent upon Winter Springs acquiring said utilities prior to the time Sinter Springs is planned to connect to the regional system. If the Utilities remain privately owned, Aaency will communicate its recommendations and furnish all available information to the privately owned utility companies for their subsequent use and consideration; and WHEP.i:AS, the treated effluent from the :?inter Springs East and Winter Springs West plants are totally disposed of on-site and the plants are currently "no discharge" plants; and WHEREAS, the Facility plan as currently, substantially completed calls for connection of the hinter Springs West Plant to the regional system in about 1985 and the Winter Springs East Plant in about 1995: said approximate dates being the projected -tipt" 44 S, r r times that projected growth will require expansion of the existing plants, capacity; and WHEREAS, it is deemed in the best interests of both Orlando and Agency to amend such Agreement to include certain matters which were not included in such previous Agreement; and MEREAS, Orlando has sub'stant.zally completed plans and specifications for the born Bridge Road Regional Wastewater Treatment Plant (hereinafter referred to as "Plant") and the Crane Strand/Iron Bridge Road Interceptor and has applied for a Step III _grant for construction funds therefor. NOW, THEREFORE, Orlando and Agency mutually agree as follows; I. The existing Agreement is hereby amended by the addition of the following terms: 1. Orlando and Agency each agree with and ratify the Facility plan its its present form, including the determination that under existing constraints, imposed by the U. S. Environmental Protection Agency (EPA) and by the Florida Department of Environ- mental Regulation (FDER), the single plant regional wastewater treatment concept within the 201 Planning Area is most cost effective; the determination of most cost effective first incremen of the tre.atiuent/disposal system and interceptor alignments (as indicated on Exhibit "C" attached hereto); development of Interim Implementation Plan; updating of the Environmental Assessment Statement; and such other matters as are contained therein. 2. Orlando shall at all times manage and operate the Plant (so long as the Plant is owned by Orlando) and the Crane Strand/iron Bridge Road Interceptor, and within the applicable constraints of all regulatory agencies, and within financial feasibility, expand the Plant as necessary to meet the future needs of all entities using the Facility. including the needs of the Agency. Should Winter Springs conclude that Orlando's determination that Plant expansion is not financially feasible, Winter Springs shall have the right to apply to a court of competent jurisdiction for resolution of the dispute, and upon showing that Orlando's determination was unreasonable, shall be entitled to injunctive relief. If, for any reason, Orlando does not provide the local share of computed costs for future expansion and such reason is determined to be reasonable, Agency may elect to provide such funds and Orlando will be required to implement such additional capacity; this shall be Agency's sole recourse if Orlando does not provide the local share. If this approach is used, the Agency shall receive an undivided proprietary interest in a prorates portion ,of the Plant facilities based on Agency contribution as a percentage of total capital costs. r' 3. In the event that a regioned authority is estab- lished by a legislative enactment, to own, manage, and operate the Plant, and if Orlando and all other users of the Facility are afforded equitable representation in such Authority, Orlando agrees to ,sell the plant Facility and related inter- ceptor system (if desired as part of the Authority's €acilit.i.es), to such Regional Authority at a price equal to Orlando's expended costs (net of State or federal grants or contributions from other agencies), including interest incurred in Orlando's role as planner and builder of the Plant. The purchase price shall include principal, reduction of bonded indebtedness paid prior to the time of the sale only to the extent that Orlando or any other agency or user shall have previously used the Plant Facility and shall have assumed and paid debt service allocable to capacity in excess of that actually required for the flows delivered to the Plant by Orlando or any other agency or user. Any authorized Principal reduction reimbursement shall be in proportion to the amount of the payments for such excess capacity. Purchase price shall not be such as to allow Orlando to recover more or less than its aforesaid costs. The terms and conditions of such sale shall require the Authority to relieve and discharge Orlando of any and all continuing financial and contractual obligations relat to or resulting from Orlando's planning, ownership, construction, operation and/or control of such plant and system including any bonded indebtedness incurred in connection therewith 4. Orlando agrees to continue to serve as lead appli- cant for the Step I grant to accomplish the remaining elements of the Facility plan for the Facility as it pertains to Orlando and the Agency, as well as other governmental entities. 5. Orlando agrees to connect to the Facility in accordance with the Implementation Schedule which is attached hereto as Exhibit "A', as developed in the facility plan as presently existing, provided, however, that if one of the parties hereto attempts in good faith to proceed in accordance with the Implementation Schedule, but is unable to do so because of unavailability of federal funds, due to restraints imposed by the Environmental Protection Agency or the Florida Department of Environmental Regulation or because of an inability to acquire the privately owned utility companies, then such party shall not be held liable in any manner to the other party for delays caused by such lack of funds or such restraints. 6. Agency agrees to connect to the Regional System at approximately the -times shown in the substantially completed Facility Plan if 'it shall have acquired the private utilities. now serving 4iinter Springs. if suchrutilities are not acquired, _-the'Agency 5ha11-make its recommendations and exert. its best ' r, effo2rs �to encourage ,the privately owned. utilati.es. to follow� understood that the Facility plan from the current date to the time of proposed connection of Winter Springs maybe subject to changes in technology; changes in growth and sewage flow projections; environmental needs and controls; changes in rules of the regulatory agencies; and updated cost effective studies. 7. Orlando and Agency each agree to apply for Step Il :grants and to take such other steps as are genera_Ily outlined in Exhibit`' "B" attached hereto for the implementation of the Regional Treatment System as required under the Implementation 8. Orlando and Agency each agree to coordinate Step Ii (Design) work through the 'Technical Advisory Committee (TAC), as established, to ensure such standardization of design parameter as is necessary for compatibility within the interceptor Systems, as listed in Exhibit "A" attached hereto, among governmental entities which may utilize the system. 9. Orlando and Agency each agree to continue to work in good faith in accordance with the approach defined in the Facility plan, as currently existing, to complete interim steps of the Implementation Plan in accordance with the schedule therefo developed by the `J`AC,', attached as Exhibit "A" hereto, and to complete the Implementation Plan prior to March 15, 1979; provided however, that if one of the parties hereto attempts in good faith to proceed in accordance with the schedule for the Implementation Plan, but is unable to do so because of unavailability of federal funds or due to restraints imposed by the Environmental Protection Agency or the Florida Department of Environmental Regulation, then such party shall not be held liable in any manner to the other party for delays caused by such lack of funds or such restraints. 10. Orlando agrees that since an Infiltration and inflow Analysis has indicated that a Sewer System Evaluation Survey is necessary for Orlando's collection system, Orlando will accompl such Sewer System Evaluation Survey and such rehabilitation of the collect -Jon system as 4. -e esc-- by the Survey prior to discharge by Orlando of wastewater flows to the Plant. Agency agrees that it its Infiltration and Inflow Analysis shows a need for a Sewer System Evaluation Survey of the collection system serving Winter Springs, then Agency will complete such a Survey and rehabilitation shown necessary by the Survey (if they have acquired the systems) prior to discharge of wastewater flows to the Facility. _ 11. Orlando and Agency each agree to negotiate in good faith and to implement by respective ordinances a User Charge and Industrial Cost Recovery charge pursuant to 40 CFR, Sec. 35.925-11,..40 CFR, Sec. 35.925-32 and 40 CFR, Sec. 35.935-13 r },. a�� 1`'�� tea.' a, �r�, F � „�'t"� � •ted 4 aw r e S ♦® 6 as published in the Federal Register, Volume 39, No. 29, rebruary 11, 1574, or applicable state laws and,to negotiate in goad faith to develop and implement other applicable sewer service fees such as wholesale agreements, prior to the transmission of wastewater flows to the Facility. If the Agency has not acquired the private utility companies involved and/or it has acquired the right to connect such companies and such companies are still �,t,j ject to the jurisdiction of the Public Service Commi55ion of Flux1id6 or its successors, then such fees will be set by the Public service Commission or its successor. An agreement as to user rates shall be executed and an ordinance as to user rates shall be adopted by both parties prior to the Agency's transmission of wastewater to the Plant Facility. 12. Orlando warrants that it has the necessary legal authority to own and operate its respective portion of the Facility as designated to .it in the Facility Plan and has the necessary legal authority to negotiate and implement user charges, an industrial cost recovery system, sewer use ordinances, and a rehabilitation program, all in accordance with federal and state regulations and guidelines. Agency warrants that it has the necessary legal authority to own and operate its respective portion of the Facility as designated to it in the Facility Plan and has the necessary legal authority to negotiate and implement user charges, an industrial cost recovery system, sewer use ordinances, and a rehabilitation program, all in accordance with federal and state regulations and guidelines. 13. Should. Orlando's application for a Step III grant, as referred to in the preamble to this Amendment, not be funded to the extent Of at least $36 million by December 31, 1978, then either party hereto shall have the right, upon thirty (30) days' nct.ice to the other party, to terminate the existing Agreement and this Amendment and to render the same automatically void and of no further force and effect. 14. Nothing herein shall restrict Agency from selecting and pursuing an alternati— course of action if- (a) FDER revises its water quality standards in such a manner as to afford Agency a more cost effective solution to wastewater disposal, than utilization of the Plant Facility, and (b) if both Orlando and Agency expressly agree in writing that such action by Agency would not have a measurable impact upon the cost to Orlando, or to the other entities than using the same, of owning and/or operating the Plant Facility. 15. No third party,except the private utility companies now serving the Winter springs area, shall have or claim any right or benefit under this Amendment, the same having been C a antered into for the henefit of the parties hereto Only, 11. Except as hereby amended, the existing Agree- ment shall remain unchanged. CITY OF ORLkNDO Carl T. Langford, t C17'Y OF WINTER SPRINGS roy Pi3tkhd, mayor ATTEST: ATTEST, �} Grace A. Chewning, City Mary T."Norton, City Clerk Clerk APPROVED as to form and legality, Ver 2-�l _ 197 $4-. City Attorney Cit of Orlando, Florida DEVELOPERS AGREEMENT THIS AGREEMENT made and entered into this li?day o€ 1984, by and between FLORIDA RESIDt TIAL U COMMUNITIES, INC., a Florida corporation (hereinafter referred to as "Developer"), and NORTH ORLANDO WATER AND SEWER CORPORATION, a Florida corporation (hereinafter referred to as "Service Company") W I '. N E S S E T H: WHEREAS, Developer owns or is contract purchaser of lands located in Seminole -County, Florida and described in Exhibit "A" attached hereto and made a part hereof as if fully set out in this Paragraph (hereinafter referred to as the "Property"), and Developer intends to develop the Property by erecting thereon, individually metered residential units, general service units or combination of these; and WHEREAS, Developer has officially requested that the Service Company provide central water distribution and sewage collection service for Developer's property herein described in Exhibit "A"; and WE ERAS, the Service Company IS willing to provide, it accordance with the provisions of this Agreement and Service Company's main extension policy, central water and sewer services to the Property and thereafter operate applicable facilities so that the occupants of the improvements on the Property will receive an adequate water supply and sewage collection and disposal service from Service Company; and WHEREAS, Service Company feels compelled to disclose to developer that service Company is currently engaged in neootiat,inn5 fnr sale of the assets ofService company to a governmental authority and Service Company desires to make provision for the assion.ment of the obligations of Service Company contained herein to any such governmental purchaser; and WHEREAS, Developer's project and the receipt of water and sewer service is contingent upon the construction and utilization 03033AGb/HHK (Rev. ©7/19/84) of existing and contemplated water and sewage service facilities and the availability of capacity of those facilities; NOW THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, Developer and Service Company hereby, covenant and agree as follows: 1. The foregoing state ents are true' and correct, 2. The following definitions and references are give - for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning; (a) "Consumer Installation" - All facilities ordinarily on the consumer's side of the point of delivery. (b) "Contribution -in -aid -of -Construction (CIAO)" - The sum of money and/or the value of property represented by the cost of the water distribution and sewage collection systems including lift stations and treatment plants constructed or to be constructed by a Developer or owner, which Developer or owner transfers, or agrees to transfer, to service Company at no cost to Service Company, in order to induce Service Company to provide Utility Service to specified property. (c) "Development Phase" - A subdivision or construction phase of the construction of utility facilities on property. (d) "Equivalent Residential Connection "ERC") -- A factor used to convert a given average daily flow (ADF) to the equivalent number of residential connections. For this Purpose, the average daily flow of one equivalent residential cannection (EAC) for a single family residence is three hundred Fifty (350) gallons per day (gpd) for water service and two hundred fifty (250) gallons per day (gpd) for sewer service, and the average daily flow of one (1) ERC for a multi -family residence is two hundred fif-ty (250) gallons per day (gpd) for water service and one hundred seventy (170) gallons per day (gpd) for sewer service. The number of ERC's contained in a given ADF (water or sewer) is determined by 03033ACb/HHK 2 (Rev. 07/19/84) dividing the ADF by the appropriate ERC gallons per day. The determination of the number of ERC's for the property shall be subject to factoring as outlined in Service Company's tariff, or as mutually agreed upon by Service Company and Developer, if applicable. (e) "Notice to Proceed" - A document executed by Developer expressznq a for;riai order pursuant to the Developer Agreement, for specific water and sewer service. (f) "Point of Delivery" - The point where the pipes or meters of Service Company are connected with the pipes of the consumer. Unless otherwise indicated, point of delivery shall be at the consumer's lot line. (g) "Pr_aert " - The area or parcel of land described in Exhibit "A." (h) "Service" - The readiness and ability on the part of Service Company to furnish and maintain water and sewer service to the point of delivery for each lot or tract (pursuant to applicable rules and regulations of applicable regulatory agencies). 3. Assurance of Title. within a period of forty-five (45) days after Developer's acquisition of title to the Property, or Prior to Developer issuing the Notice to Proceed to Service Company, at the expense of Developer, Developer agrees to deliver to Service Company a Certificate of Title, a Title Insurance Policy or an opinion of title from a qualified attorney-at-law, with respect to the Property. The provisions of this Paragraph are for the purpose of evidencing Developer's legal right to grant the exclusive rights of service contained in this Agreerent. 4. Water and Sewer Capacity Requirements. The parties acknowledge that the Developer intends to develop on the Property a minimum of three hundred (300) single family and multi -family residential housing units. The final number of said units tc be r developed on the Property shall be determined according to 03033AGb/H!iK 3 (Rev. 07/19/84) factors, including, but not limited to, zoning` approvals of appropriate governmental bodies, soil conditions o`f the Property and Developer's deteri[)ination of the appropriate mixture of single-family and multi -family units. Upon the Developer's determination of the final number of said units to be developed, it sha11 be the Developer's rtlsp0nsibility to provide to the Service Company certification of the number of gallons of capacity to be required by the Developer for water and ,.sewer service to the Property provided, however, the minimum number of gallons of sewer capacity shall be seventy-five thousand (75;n00) gallons and the minimum number of gallons of water capacity shall be one hundred five thousand (105,000) gallons. Based upon the ERC's as set forth in Paragraph 2(d) hereinabove, the parties agree that the Service Company shall provide the capacity required by the Developer to serve the project developed on the Property subject to other terms and conditions of this Agreement and the Developer's compliance therewith. Said reservation of capacity for both water and sewer service shall remain available from the Service company until such time as the final dwelling unit to be constructed on the Property shall be completed. 5. Connection Charges. In addition to the contribution of any water distribution and sewage collection systems, where applicable, and further to induce the Service Company to provide water and sewage service, the Developer hereby agrees to convey to the Service Company a portion of the Property and the improvements thereon sufficient to percolate two (2) times the number of gallons of wastewater treatment service required by the Developer, plus ten percent (10%) of the total number of gallons Of wastewater treatment service required as set forth herein (hereinafter referred to as the ",Effluent Disposal Site"). In that regard, the Developer agrees that not less than seventy -Five thousand (75,000) gallons of wastewater treatment service shall be required and therefore the minimum wastewater treatment amount is one hundred fifty thousand (150,000) gallons, plus ten percent 03033ACb/HHK 4 (Rev. 07/19/84) (10%) of said wastewater treatment amount; therefore, the Developer must make at least one hundred sixy-five thousand (155,000) gallons of effluent disposal available to the service Cpmpany, The Developer and the Service Company acknowledge that the Developer might require more than seventy-five thousand (75;000) gallons of wastewater capacity and more than one hundred five thousand (105,000) gallons per day of water capacity for the units contructed by the Developer on the Property. In such event, the Developer must construct and convey to the Service Company a portion of the Property and facilities sufficient to- YG1LV14Le two (2) times the number of gallons of wastewater treatment service required by the Developer, plus ten percent (10%) of that wastewater treatment amount as aforedescribed subject to the terms and conditions of this Agreement. Said conveyance of Property and improvements by the Developer shall be made thirty (30) days following the completion of the final dwelling unit to be constructed on the Property. The parties acknowledge that the Developer shall own the Effluent Disposal Site free and clear of any lien or encumbrance and Developer warrants and covenants that it shall not encumber said Effluent Disposal Site. In addition, the parties agree that the notice attached hereto as Exhibit "C" shall be recorded among the Public Records of Seminole County, Florida, to evidence the obligation of Developer to convey the Effluent Disposal Site to Service Company and also to evidence Service Company's license rights as hereinafter set forth. Prior to said conveyance, the parties agree that this Agreement shall constitute a license in favor of the Service Company to utilize said portion of the Property for the purposes set forth herein at no cost to Service Company, The location of the Effluent Disposal Site shall be determined by the Developer; provided, however, the parties acknowledge that the Effluent Disposal Site shall be located in substantially the area set forth on Exhibit "S" attached hereto and made a part hereof. The Developer, at its sole cost and 03033AGb/HHK 5 (Rev. 07/14/84) expense, shall be responsible for the design, engineering, permitting and construction responsibilities for the Effluent Disposal Site, subject to the review and approval of the Service Company, which approval will not be unreasonably withheld or delayed. The Developer's engineer .shall certify that the Effluent Disposal Site has sufficient capacity to percolate two (2) times the number of gallons of wastewater treatment service required by the Developer plus ten percent (10%) of that, amount. Notwithstanding the foregoing to the contrary, in the event that the Department of Environmental Regulation increases the amount of average daily flow constituting one equivalent residential connection as it relates to sewer capacity, the Developer's obligation to provide to the Service Company sufficient effluent disposal capacity to equal two (2) times the number of gallons of waste grater treatment required by the Developer (plus ten percent of the total) shall be modified such that the amount of capacity given to the Service Company shall be calculated based upon the original capacity as set forth in Paragraph 2(d) of this Agreement. The Service Company shall in any event continue to have the obligation to treat all of the waste water generated by the development of the Property, The Developer agrees to construct an operational Effluent Disposal Site by December 31, 1985. To the extent that the Effluent Disposal Site has the capacity to percolate in excess of two (2) times the number of gallons of wastewater treatment serviced required by the Developer plus ten percent (10%) of that wastewater treatment amount and does percolate in excess of said amount, and if Service Company wants such additional capacity Service Company shall pay to Developer the sum of 75/100 DOLLARS ($.75) for each gallon of additional capacity. The Developer shall convey the Effluent Disposal Site to the Service Company by General Warranty Deed thirty (30) days following the conveyance to a third part purchaser of the final dwelling unit, to be constructed on the Property at no cost to Service Company, 03033ACb/HHK 6 (Rev. 07/19/84) Notwithstanding any provision herein to the contrary, the Developer shall be responsible for the construction of all line x connections provided, however, that the service Company obtains all off site easements, necessary for said connections. In consideration of the foregoing, all water and sewer connection fees, including -a contribution in aid of construction for sewer connection charges, plant capacity charges, main extension charges and similar tap -in fees, charges or expenses anti all charges for water meters shall be deemed paid, the Service Company acknowledging full consideration having been paid to the Service Company by the Developer by virtue of the value of the Effluent Disposal Site and other terms and provisions of this Agreement. In the event the Service Company is unable for any reason whatsoever to provide the capacity required by the Developer for wastewater service for the Property for a period of ninety (90) days after the later of the Developer Is Notice to Proceed or the formal action of the Department of Environmental Regulation with regard to providing sewer service to the Developer under the terms of this Agreement, it is hereby acknowledged by the parties that the Service Company shall thereafter be entitled to utilize the Effluent Disposal Site only for the actual number of gallons of effluent disposal being disposed of at the Gime Service Company is unable to provide said capacity, however, Service Company cannot utilize the Effluent Disposal Site for additional effluent disposal, The Developer shall be entitled to utilize all remaining gallons of effluent disposal, available on the Effluent Disposal Site. In such event the Developer shall thereafter be entitled to construct and operate its own sewer plant for wastewater treatment service and to utilize the Effluent G�<� DiSposal Site and all lines aid mains on Company, and the Service Company shall not to abject thereto. Under such circumstances Service Company shall file with the Florida Public Service- Commission such instruments and petitions 03033AGb/HHK- w:-'. 7 (Rev. 07/19/84) as are required to promptly delete the Property from its franchised territory. 6. Domestic Wastewater, Developer agrees that sewage to be treated by Service Company from. Developer's property will consist of domestic wastewater and further agrees that it will not allow any abnormal strength sewage to flow from Developer's property to thf� Utility's sewage treatment facility that will cause harm to the treatment process, In addition, Developer further agrees that no wastewaters, fluids or other substances and materials shall be discharged to Service Company's sanitary sewer collo t; it_ -.--.....� ..e...,..s.,,,��,,. .^-.`yeeu, 'vrill[::[i cOI`1tc31nS any ne7ZardQLFS, e inflammable, toxic and/or industrial constituents, in whole or in part, regardless of the concentrations (i.e., strengths) of said constitutents. Developer grants to Service Company the right to sample the Developer's sewage, as referred to hereinabove, to verify Developer's compliance with this Paragraph. 7. On -Site Installation. To induce Service Company to provide the water treatment and sewage collection and disposal facilities, and .to continuously provide consumers located on the Property with water and sewer services, unless otherwise provided for herein, the Developer hereby covenants and agrees to construct and to transfer ownership and control to Service Company, as a contribution -in -aid of construction, the on-site water distribution and sewage collection systems located on Developer's Property. The term "on-site water distribution and sewage collection system" means and includes all water distribution and supply mains, lines and pipes and related facilities, and sewage collection lines, facilities and equipment, including pumping stations, constructed within the boundaries of Developer's Property adequate in size to serve each lot or unit within the Property or as otherwise required by Service Company. Developer shall install, at its sole expense, all of the aforesaid facilities within the Property in accordance r with the plans, specifications and all other pertinent documents 03033AGb/ HICK 8 (Rev. 07/19/B4) approved by the Service Company. Developer will furnish Service Company with three (3) copies of the plane and specifications for the water distribution system, sewage collection mainP lift stations and other facilities necessary to serve the Property described in Exhibit "R." (a) Developer shall obtain approval of plans and specifications from all necessary agencies. No construction shall commence until Service Company and appropriate regulatory agencies have approved such plans and specifications in writing. I£ construction commences prior to all such approvals and any other approvals required hereunder, so long as said construction is in accordance with all general regulations of said agencies, Service Company shall have the responsibility to accept such lines and facilities and Service Company may not terminate this Agreement and shall, provide service to Developer unless 3 Developer is subsequently unable to obtain all such required approvals within one hundred eighty {180) days. When permits and approved plans are returned by appropriate regulatory agencies to Developer, Developer shall submit to Service Company one copy of the water and/or sewer construction permit and approved plans. Developer shall, also supply tc the Service Company a copy of the final estimate of payment covering all contract items and Release of Lien from Contractor(s). (b) After the approval of plans and specifications by Service Company and appropriate regulatory agencies, Developer, or the engineer of record, shall set up a preconstruction conference with engineer of record, utility contractor, appropriate building official(s), all other utility companies involved in the development of the Property, and Service Company, as may be appropriate. Developer shall provide to Service Company's representative forty --eight (48) hours written notice prior to commencement 03033AGb/HHE 4 (Rev. 07/19/84) R� of construction and forty-eight (�48) hours written notice prior to any inspections or tests being performed as described herein. "Notice" shall -be complete when Service Company actually receives same. During the construction of the water distribution and sewage collection systems by Gevelcnper, Service Company shall have the right to inspect such installations to determine compliance with the approved plans and specifications, The engineer of record shall also inspect construction to insure compliance with the approved plans and specifications. The engineer of record and contractor shall be present for all standard tests and inspections for pressure, ex€iltration, and all other normal engineering tests and inspections to determine that the systems have been installed in accordance with the approved plans and specicications, and good engineering practices. (c) The parties acknowledge that upon completion of construction, it shall be the Developer's obligation to require the engineer of record to submit to Service Company a copy of the signed certification of completion submitted to the appropriate regulatory agencies. If certification is for the water distribution system, a copy of the bacteriological. results and a sketch showing locations of all sample points shall be included. The engineer of record shall also submit to Service Company aTrLmonia mylars of the as -built plans prepared and certified by the engineer of record. (d) Developer will provide Service Company with two (i) copies of the approved paving and drainage plans. (e) Developer will provide Service Company with three (3) copies of the approved subdivision plat. 8. Off -Site Installation. The Developer will construct and install all water mains, gravity sewer lines, lift: station(s) and force main(s) from Developer's Property to the Service Company's existing facilities in accordance with overall master plans of 03033AGb/HHK 10 (Rev. 07/19/84) the utility system and in accordance with approved engineering plans and specifications. At all times prior to, during and upon completion of the construction of the extensions of water and sewer lines, Service Company shall have the right to inspect and approve all construction plans and .specifications, piping, connections, equipment, materials and construction work being provided or performed, or previously provided or performed, by or on behalf of the Developer. Such approval shall not be unreasonably withheld or delayed by. Service Company, and any costs of such inspections shall be borne by Service Company. it shall be the Developer's- responsi hi l i by to i nciura that all construction fully meets the plans and specifications approved by the Service Company. As a condition precedent to receiving water and sewer service, Developer shall: (a) Provide Service Company with three (3) copies of the approved subdivision plat. (b) Provide Service Company with three {3) copies of 10 the approved paving and drainage plans of the development. (c) Furnish Service Company with three (3) copies of the pians, specifications and engineering cost estimate for the water distribution system, sewage collection system, lift station(s) and other facilities necessary to serve the Property described in Exhibit "A." Developer must receive approval ,from Service Company of said plans, specifications and engineering cost estimate prior to proceeding with any construction of the facilities. (d) Obtain approval of the plans and specifications from all necessary governmental agencies, including, but not limited to, the Florida Department of Environmental Regulation, and/or the City of Winter Springs, and specifically excluding the Florida Public Service Commission. No construction shall commence until Service Company and appropriate regulatory agencies have a9proved such plans and specifications in writing. When permits and 03033ACb/HHK 11 (Rev. 07/19/84) approved plans are returned by appropriate regulatory agencies to- Developer, Developer shall submit to Service Company ones copy of water and/or sewer construction permit and approved plans. (e) After the approval of plans and specifications by Service Company and appropriate regulatory agencies, Developer, or the engineer of record, shall set up a precon�jtruction conference with engineer of record, utility contractor, appropriate building official(s), all other utility companies involved in the development of the Property, and Service Company, as may be appropriate. Developer shall provide to Service Company's representative forty-eight (48) hours written notice prior to commencement of construction and forty-eight (48) hours written notice prior to any inspections and tests being performed as described herein. "Notice" shall be complete when Service Company actually receives the same. During the construction of the water distribution and sewage collection systems by Developer, Service Company shall have the right to inspect such installations to determine compliance with the approved plans and specifications. The engineer of record shall also inspect construction to assure compliance with the approved plans and specifications. The engineer of record and utility contractor shall be present for all standard tests and inspections for pressure, exfiltration, line and grade and all other normal engineering tests and 'inspections to determine that the systems have been installed in accordance with the approved plans and specifications, and good engineering practices, (f) The parties hereby acknowledge that upon completion of construction, it shall be the Developer's obligation to require the Developer's engineer of record to submit to the Service Company a copy of the signed certification of r completion submitted to the appropriate regulatory 03033AGb/HHK 12 (Rev. 07/19/84) agencies. if certification is for the water di,sttibution system, a copy of the bacter;ological results and k sketch showing locations of all sample points shall be inclutled. Developer's engineer shall deliver one set of ammonia mylars of "as -built" engineering plans, prepared by the professional engineer of record, showing the location of all water and sewer systems and services installed, and certification by the professional engineer of record to the Service Company that such systems and service=s, as built, comply with the plans and specifications approved by .the Service Company. Furnish proof satisfactory to the Service Company that the installation of the facilities and all contractors, subcontractors, materialmen and laborers have been paid in full, and provide an engineer's certificate of total cost of improvements; i.e., by Release of Lien or other appropriate means. (g) Install, at its sole expense, all of the aforesaid facilities off-site, in accordance with the plans and specifications approved by the Service Company. The Service Company agrees it will complete its review of the plans and specifications within thirty (30) days of receipt from the Developer. 9. Conveyances to Service Company of Facil,.ties BY these presents, Developer hereby agrees to transfer to Service Company title to all water distribution and sewage collection systems installed by Developer or Developer's contractor, pursuant to the provisions of this Agreement. Such conveyance shall take effect upon completion of construction of said water distribution and sewage collection facilities, after said facilities have been $nprnved by Service Company's engineer. The transfer shall occur in phases as set forth herein. As further evidence of said transfer of title, upon completion of the installation, but prior to the issuance of the final letter of acceptance and the rendering of service by Service Company, Developer shall: 03033AGb/HHK 13 (Rev. 07/19/84) (a) Convey to Service Cornp�any, by bill of sale in form satisfactory to Service Company, the water distribution and sewage collection sytems as constructed by Developer and approved by Service Company, as appropriate for Service Comp4ny ownership. (b) Provide Service Company with copies of Releases of Lien for said invoices. (c) Assign any and all warranties and/or traintenance bonds and the right to enforce same to the Service Company which Developer obtains from any contractor constructing the utility systems. If Developer does not obtain such written warranty and/or maintenance bond from its contractor and deliver same to Service Company, which warranty and/or maintenance bond shall be for a minimum period of one year, then in such event, Developer by the terms of this instrumentr agrees to indemnify and save harmless the Service Company for any loss, damages, costs, claims, suits, debts or demands by reason of latent defects in the systems which could not have been reasonably discovered upon normal engineering inspection, for a period of one year from the date of acceptance by the Service Company of said utility systems. (d) Provide Service Company with all appropriate operation/maintenance and parts manuals. (e) Further cause to be conveyed to Service Company all easements and/or rights-of-way covering areas in which water and sewer systems are installed, other than those easements and/or rights-of-way obtained and acquired by Service Company, by recordable document in form satisfactory to Service Company. ( f ) Convey title to Service Company, by recordable document in form satisfactory to Service Company, an acceptable site for any lift stations constructed on Developer's Property along with recordable ingress/egress 03033AGb/HHK 14 (Rev. 07/19,184) 3 easement documents. Service Company agrees that the issuance of the final letter of acceptance for the water distribution and sewage collection Systems installed by Developer shall constitute the assumption of responsitility by Service Company for the continuous operation and maintenance of such systems from t -hat date forward. 10. Easements. Developer hereby grants and gives to Service Company, its successors and assigns, but subject to the terms of this Agreement,. the exclusive right or privilege to construct, own, maintain or operate the water and sewer facilities to serve the Property; and the exclusive right or privilege to construct, own, maintain and operate said facilities in, under, upon, over and across the present and future streets, roads, alleys and easements reserved utility strips and utility sites, and any public place as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and is independent of said record plats. All water distribution and sewage collection facilities, save and except consumer installations, shall be covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes. Developer hereby further agrees that the foregoing grants include the necessary right of ingress and egress to any part of the Developer's property upon which Service Company is constructing or operating utility facilities. The foregoing grants shall be for such period of time as Service Company or its successors or assigns require such rights, privileges or easements in the construction, ownership, maintenance, operation or expansion of the water and sewer facilities. The parties agree that in the event Developer and Service Company agree to install any of the water or sewer facilities in lands within the Property lying outside the streets and easement areas described above, then Developer or the owner shall grant to Service a Company, the necessary easement or easements for such "private 03033AGb/HHK 15 (Rev. 07/19/$4) property' installations, provided, all such "private property" installations by Service Company shall be made in such a manner as not to interfere with the then primary use of such ',private property." The use of easements granted by Developer to Service Company shall not preclude the use by other utilities of these easements, such as for cable television, telephone, electric or gas utilities, or as otherwise agreed to by Service Company, provided such does not interfere with Service Company's use thereof. Service Company hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the water and sewer industry with respect to the installation of all its facilities in any of the easement areas. 11. Agreement to Serve. Upon the completion of construction of the water and sewer facilities by Developer, its inspection, the issuance of the final letter of acceptance by Service Company, and the other terms of this Agreement and Service Company's Main Extension Policy, Service Company covenants and agrees that it will allow the connection o£ the water distribution and sewage collection facilities installed by Developer or its assigns to the central facilities of Service Company and provide utility service in accordance with the terms and intent of this Agreement. Such connection shall at all times be in accordance with rules, regulations and orders of the applicable governmental authorities. Service Company agrees that once it provides water and sewer service to the Property and Developer or others have connected consumer installations to its sytem, that thereafter Service Company will continuously provide, in accordance with the provisions of this Agreement, inciuding rules and regulations and rate schedules, water and sewer service to the Property in a manner to conform with all requirements of the applicable governmental authority having jurisdiction over the operations of Service Company. 03033AGb/HHK 16 (Rev. 07/14/B4) 12. plication for Service° Consumer lnstailationa. Developer, or any owner of any parcel of the Property, or any occupant of any residence, building or unit located thereon shall not. have the right to and Rhal.l not connect any consumer installation to the facilities of Service Company until formal written application has been made to Service Company by the prospective user of service, or either of them, in accordance with the then effective rules and regulations of Service Company and approval for such connection has been granted. Although the responsibility for connecting the consumer installation to the meter and/or lines of Service Company at the point of delivery is that of the Developer or entity other than Service Company, with reference to such connections, the parties agree as follows: (a) Developer shall have the right to make a single I application for service to multiple lots at one time. (b) Application for the installation of water meters and backflow preventers shall be made twenty-four (24) hours in advance, not including Saturdays, Sundays and holidays. (c) All consumer installation connections may at its sole option be inspected by Service Company before backfilling and covering of any pipes. (d) Written notice to Service Company requesting an inspection of a consumer installation connection may be given by the Developer or his contractor, and the inspection will be made within twenty-four (24) hours, not including Saturdays, Sundays and holidays, provided the water meter and, backflow preventor, if applicable, have been previously installed. (e) If Servace Company fails to inspect the consumer installation connection within twenty-four (24) hours after such inspection is requested in writing by Developer or the owner of any parcel, Developer or owner may backfill or cover the pipes without Service Company's approval and PService 03433AGb/HHK 17 (Rev. 07/19/84) Company must accept the connection as to any matter Which could have been discovered by such inspection. (f) The cost of constructing, operating, repairing or maintaining consumer installations shall be that of Developer or a party other than Service Company. (g} If a kitchen, cafeteria, restaurant or other food preparation or dining facility is constructed within the Property, the Service Company shall have the right to require that a grease trap and/or pretreatment unit be constructed, installed and connected so that all wastewaters from any grease producing equipment w-ithin such facility, including floor drains in food preparation areas, shall first enter the grease trap for pretreatment before the wastewater is delivered to the lines of the Service Company. The size, materials and construction of said grease trap are to be approved by Service Company. Developer hereby grants to Service Company the right to periodically inspect the pretreatment facilities herein described. The provisions of this Paragraph shall not apply to individual residential kitchens. No substance other than domestic wastewater will be placed into the sewage system and delivered to the lines of the Service Company. Should any non-domestic wastes, orease or oils, including, but not limited to, floor wax or paint, be delivered to the lines, the Customer will be responsible for payment of the cost and expense required in correcting or repairing any resulting damage or impairment to the treatment process and/or facilities. 13. Service Company's Exclusive Right to Utilit Facilities. Except as set forth in this Agreement, Developer agrees with Service Company that all water and sewer facilities accepted by Service Company in connection with providing water and sewer services to the Property shall remain in the ownership Of Service Company, its successors and assigns. Any person or 43033AGb/HHK 18 (Rev. 07/19/84) entity owning any part of the property or any residence, building or unit constructed or located thereon, other than the Developejr as set forth herein, shall not have any right, title, claim o� interest in and to such water and sewer facilities, or any part of them, for, any purpose, including the furnishing of water or sewer services to other persons or entities located within or beyond the limits of the Property. Developer may provide for the availability of those water services to the Property which constitute "non-domestic" uses such as for irrigation purposes. 14. Exclusive Ri ht- o Provide Service. Except in the event of Service Comnany�s inahs_lity :o de ode 4� I I -f pr oe. a quate utility service as provided herein, Developer, or the successors and assigns of Developer, shall not engage in business or businesses of providing potable water or sewer services to the Property during the period of time Service Company, its successors and assigns, provide water and sewer services to the Property, it being the intention of the parties hereto that under the foregoing provision and also other provisions of this Agreement, Service Company shall have the sole and exclusive right and privilege to provide water and sewer services to the Property and to the occupants of each residence, building or unit constructed thereon, except for the providing by Developer, from its own sources and lines for irrigation uses and except for the circumstances set forth in Paragraph 5 herein. 15. Rates. Service Company agrees that the rates to be charged to Developer and individual consumers of water and sewer services shall be those set forth in the tariff of Service Company approved by the applicable governmental agency. However, notwithstanding any provision in this Agreement, Service Company, its successors and assigns, may establish, amend or revise, from time to time in the future, and enforce rates or rate schedules so established and enforced and shall at all times be reasonable and subject to regulations by the applicable governmental agency or as may be provided by law. j 03033ACb/HHK 19 (Rev. 07/19/64) Notwithstanding any provision in this Agreement, Service Company may establish, amend or revise, from time �o time, in the and sewer services to the Property, including the costs thereof. Any such initial or future lower or increased rates, rate schedules, and rules and regulations established, amended or the future, as provided by law, shall be binding upon Developer; upon any person or other entity holding by, through or under Developer; and upon any user or consumer of the water and sewer service provided to the Property by Service Company. 15. Water Conservation. Water conservation measures shall be employed by the Developer as required by law. I MISCELLANEOUS PROVISIONS 17. Binding Effect of Agreement. This Agreement shall be binding upon and shall inure to the benefit of Developer, Service Company and their respective assigns and successors by merger, consolidation, conveyance or otherwise, subject to the terms of this Agreement as contained herein. In the event of a sale of Service Company to a governmental agency or authority or third party, such governmental agency, authority or third party shall assume all of Service Company's responsibilities and duties to Developer hereunder and the liability of Service Company shall cease. Any such purchaser must, however, acknowledge its obligation to honor this Agreement. 18. Notice. Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, by mail or by telegram, and if to Developer, shall be mailed or delivered to Developer at: TO DEVELOPER: FLORIDA RESIDENTIAL COMMUNITIES, INC. 101 Wymore Road, Suite 400 Altamonte Springs, Florida 32714 Attention: Howard B. Lefkowitz, Vice President With a Copy to: HAL H. KANTOR, ESQUIRE Lowndes, Drosdick, Doster & Kantor RroEessional Association Post Office Sox 2809 Orlando, Florida 32802 03033AGb/HHK 20 (Rev. 07/19/84) TO SERVICE COMPANY: INORTH ORLANDO k&TER AND SeWER CORPORATION c/o UtilAties Director Past Aftice Box 44 1560 Orange Av nue Fainter Park, Morida 32790 With a Copy to; MYERS, KENI,N, LZVa.c`aSON, RUFFNER, .FRANK & RICHARDS 1020 East i,afaye'tte Street Suite 103 Tallahassee, Florida 32301 Attention: William E, Sundstrom 19. Laws of Florida. This Agreement shall be governed by the laws of the State of Florida and !it shall be and become effective immediately upon execution by both parties hereto, subject to any approvals which -must be obtained from governmental authority, if applicable. 1 20. Cost and Attorneys' Fees. In the event the Service Company or Developer is required to enforce this Agreement by 3 court proceedings or otherise, by instituting suit or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorneys' fees. 21. Force Ma'eure. In the event that the performance of this Agreement by either party to this Agreement is prevented or interrupted in consequence of any cause beyond the control of either party, including, but not limited to, Act of God or of the public enemy, war, national emergency, allocation, or of other governmental restrictions upon the use or availability of labor or materials, rationing, civil insurrection, riot, racial or civil rights disorder or demonstration, strike, embargo, flood, tidal waive, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake or other casualty or disaster or catastrophe, unforeseeable failure or breakdown of pumping goverarental rules or acts or orders or restrictions or regulations or requirements, acts or actions of any government or public or governmental authority or commission or board or agency or official or officer, the enactment of any statute or ordinance or resolution or regulation or rule or ruling or order, order or 03033AGb/HHK 21 (Rev. 07/14/84) d ere Or Judgment or restraining order or i . t4 fty court, said party shalt not be liable for Such non-performance. 22.vi�r�l ofetsresentationse The rights, privileges, obligations and covenants Of Developer and Service company shall survive the completion of the work of Developer with respect to completing the facilities and services to any development phase and to the Property as a whole. 23. Supercedes Previous Agreements, This Agreement supersedes all previous agreements or representations, either.. verbal or written, heretofore in effect between Developer and Service Company, made with respect to the matters herein contained. 24. Cvm fete A reement. When duly executed, this Agreement will constitute the entire agreement between Developer and Service Company. No additions, alterations or variations of the terms of this Agreement shall, be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations or waivers are expressed in writing and duly signed by the parties hereto. 25. Gender. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the masculine, feminine and neuter genders shall each include the others. 26. Exhibits, Exhibits mentioned herein have been signed or initialled by the duly authorized officers, agents or attorneys of the parties hereto and are hereby incorporated herein by reference and made a part hereof as fully as if set forth herein. 27. Consent Not Unreasonablv withheld or nel�Yed. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be unreasonably withheld or delayed. 28. ERC Calculations. Notwithstanding the gallonage calculations that could be made hereunder relative to ERC's, by and execution hereof, Developer agrees that the intention0of this 03033AGb/HHK 22 (Rev. 07/19/84) r am*apt is to reserve a given numb#r of�i '- `the property described in Eghibit � " and not for.;p r potts soy other calculations, x9. lnttKRret�,tie?n. It is agreed by and between the parties hereto that all words, terms and conditions contained herein are to be teal in concert, each with the ether, and that a provision_ contained under one heading may be considered to be equally applicable under another in the interpretation of this Agreement. 30, Pretreatment and Special Feature. By -the execution hereof, '-Developer agrees that Service :-Company has certain obligations as a regulated public utility to protect the health, afety and welfare of the public and not to burden Service Company's customers with extraordinary expenses attributed or attributable to Developer, its successors or assigns, and that Service Company :may, at its sole option, reasonably require pretreatment or special features such as grease traps. It is the intention of the parties that all sewage shall conform to the requirements of Paragraph 6 hereto prior to introduction into Service Company's collection system. Developer shall be responsible for all costs associated herewith, 31. Right o€ Ynspectinn, Service Company shall, at all reasonable times and hours, have the right of inspection of Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the Developer. ' 32. Governmental Approvals. The parties hereto recognize that prior to the time Service Company may actually commence upon a program to carry out the terms and conditions of this Agreement, Service Company may be required to obtain approval from the Florida Public Service Commission. The Service Company agrees that it will diligently and earnestly, at Service Company's sole cost and expense, make the necessary and proper applications to said Florida Public Service Commission and will pursue the same to the end that it will use its best efforts to obtain such approvals. Developer, at its own cost andoexpense, 03033AGb/HHK 23 (Rev. 07/19/94) agrees to Provide necessary asci t.ri v to � obtaining the approvals provided for herein. The patties here further recognize that prior to the Cisme the Developer May actually commence upon- & program to carry out the tern and conditions of this Agreement, the Developer may also be required , to obtain approval from various State and local goverhmental authorities having jurisdiction and regulatory power over the development of the property, including, but not limited to, the Florida Department of Environmental Regula6f'on. In addition, the Developer agrees that it will diligently and earnestly, at -its sole cost and expense, make the necessary and proper applications to all other governmental authorities, including, but not limited to, the City of Winter Springs, the County of Seminole and the St. Johns Water Management District and will use its best efforts to obtain such approvals; the terms and conditions of all such approvals must be accepted by Service Company in writing. The Developer further agrees to use its best efforts to obtain the appropriate permits from the Florida department of Environmental Regulation by March 30, 1995. Service Company, at its own cost and expense, agrees to provide necessary assistance to Developer in obtaining the approvals provided for herein. 33. Bind in U on Execution. Submission of the Developers Agreement to the Developer by the Service Company shall not constitute or be construed to Constitute an offer of service to Developer by Service Company. The Developers Agreement shall become effective and binding upon the Developer and Service Company only at time of execution of same by the parties. 34. Assignment. The Developer and the Service Company may assign this Agreement at any time, without the written consent of the other party, in the event that the Sery=.ce Company sells its utility system, it shall have the obligation to assign this Agreement. Any and all assignees and successors to the parties hereto shall be required to assume all the duties and responsibilities and fulfill all the obligations sets forth 03033AGb/HHK 24 (Rev, 07/19/84) 37. Remedies. in the event of breach of this Agreement, the Parties are entitled to all relief and have all rights and remedies provided under the laws of the State of Florida. 38. Severability. If any provisions of this Agreement are held to be illegal or invalid, the other provisions shall remain in full force and effect. IN WITNESS WHEREOF, Developer and Service Company have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. Signed, sealed and delivered in the presence of: 03033AGb/HKK FLORIDARES I B y : / L,/ oward B. owita, President Attest: J "DEVELOPER" 25 A (Rev. 07/14/84) 'r' f 03033AGb/HHK 26 (Rev. 07/19/84) ��.xviC:�„ c;wr�r�wralr^ STATE OF FLORIDA COUNTY OF SEMINOLE The foreo. instrument was acknowledged before me this / C y of [. 1984 by Howard S. Lefkowita, as Vice President VFbORIDA RESIDENTIAL COMMUNITIES, INC., a Florida corporation, on behalf of the corporation. Wotary Public My COmmission Expires: STATE OF FLORIDA <)-A' Y PUBLIC STATE OF FLORIDA COUNTY OFGT.�-t� G- 4 _+ CO;,'-146SION EXPIRES AUG 7 1987 90NDED THRU GENERAL;N�UVNg UMQ. The foregoing instrument was acknowledged before me this 4� day of / 1984 by as (F �s oaf N.sz�v cAof NORTH ORLANDO WATER AND SEWER CORPORATIM a Florida corporation, on behalf of the corporation. "Nary b1i M Commission Expires: 12ry P u'i , F'c':: u. Florida a C rrd J,'y GCr ^,Cz; i;e� lu€S' 31� 198i. 6. Lj.. Li i-��i�.i:: SUWY fGrPDj 3 n f 03033AGb/HHK 26 (Rev. 07/19/84) IM EXHIBIT "A" DESCRIPTION A portion of Block "D'° of 0. 1. 'Mitchell's Survey_ of the Mose] F. Levy Crest, as recorded in Plat look I at page 5 of the pull€e Records of Seminole County, Florida, being is Sections l And 2, T'osrnship 21 Soutb, Range 30 East, and being more particularly described as fellows: Begin at the Northeast corner of Lot 1, black "C", North Crlendo Ranches Sec. 4, as resoraed in Plat Book U at page 35 Of the Public Records of Seminole Cooney, Florida, thence run S8910013711W, a distaDet of 375,00 feet to the Northwest corner of sand Lot l; thence run S00.53'23"E, a distance of 1379.01 feet to the Southwest corner of fit 3, Plock „�01, of a4ld North Of -Lando Rancnes Seco 4, Said point heirs$ OU the North rignt-of-sway lane of b&hAma Road as shore" by the plat of North Orlando Rmncnes Sec. 1, as recorded in Plat too,,l2 at Page 3, of the: public Records of Seminole County, Florida; thence run $89'54'54"k', along said Horth right-of-way line, a distance of 546.12 feet to the Easterly corner of Lot 1, block "A" of said Horth Orlando Ranches Sec. 1; thence run 873'23'43"W, along the Northerly line of said Block "A",• a distance of 2389.29 feet to the Northvest corner of dot 3, of said Block "A", said paint being situated on the East rignt-of-uay Zinc of Koss Road bei.asg on a curve concave Northeasterly having a radius of 1889.94 feet, thence along A Northerly extension of said East right-of-way liege, from a tangent tearing of Nll'O1'06"W, through s central angle of 11'01'06", run Northerly along Case arc of said Curve, a distance of 363.45 feet ro a Point of tAn9ency, said point being situated on a Southerly extension of the sant right -of -day line Of Koss Road as shown on the Plat of North Orlando, Zed Addition as recorded in Plat Sook 12 at pages 55, 56 and $7 of the Public Records of Seminole County, Florida; tneact run Korth "00'00'O E) along said 5outnerly extension, a distance of 437.92 feet to a point situated 355.00 feet South. of the South right-of-way line of Young Road as show4 on the Plat of said North Orlando, 2ud Addition; thence run East ("O'00'00"E), a distance of 433.81 feet; thence N41'20'00"E, a distance of 367.88 feet to the point of curvot€re of a curve concave Westerly having s radius of 210.00 feet; thence through a central angle of 63°20'00", run Northerly along the arc of said curve, a distance of 2.32.13 feet to a point of tangency; thence run H22400'00"W, a distance of 330.47 feet; tneace West (N901001001,W), a distance of 590.00 fete to A point os the East right-of-way line of said Moss Road; thence run North 000*00'00"0 , 91029 said East right-of-way line, a distance of 235.31 feet to a point situated 1400.00 feet South (by pe.rpeclislAr measurement) of the South right-of-vsy line of State Road No. 434 (Longwood Oviedo Road 100' rignt-of-tray), thence run S$8'23'42"E, parallel with said State Road No. 434, a distance of 960.11 feet to the Point of curvature of a curve concave Northerly having a radius of 2730.00 feet-, thence through a central angle of 18"57'41'°, run Northeasterly Plano the are of said curve, a distance of 903.46 feet to a Point of tangency; thence continuing parallel with said State 6Load No. 434, run H7213813711E, a distance of 1404.14 feet to a point on the West right-of-way lint of Bayes Road 95 shown nn the Plat of North 'Orlando t:,tnchtO Sec. 24, as recorded in Plat. 5004 12 at Pages 39, 40 and 41 of the Public Records of Seminole County, Florida; thence sun SO0'53'23"£, a distance of 2146.47 feet to the Point of Beginning. Containing 190.364 acres more or leas. I0425f rWXJnJk ReSIDUTIAL COKMVITIRS, INC., a VATER R C ICS hereby provide this PUBLIC NOTICE Of the existence of a Developer Agreement between the parties dated the day of -, 1984, whereby the property described in Exhibit A hereto is subject to the right of North Orlando hater and sewer Corporation to obtain title to such property. in addition to the foregoing PUBLIC NOTICE, Florida Residen- tial referred to as 'Grantor°° tia.� Communities, Inc, lae+accaaaaase�� grants to north Orlando Mater and Sewer Corporation (hereinafter referred to as 'Grantee*), its successors and assigns, the right, priviledge and license to use, operate and maintain for such period of time as it may use say -e, or until use thereof is aban- the City of Tinter Springs, Boned or merged into legal title, the property in/"Seminole County, State of Florida, described in Exhibit A attached hereto in accor- - dance with the terms and conditions of the Developer Agreement of even date herewith, for use in disposal of treated sewage effluent together with the right to maintain, patrol, inspect, alter, improve, repair, rebuild or remove such equipment and accessories, together with all rights and priviledges reasonably necessary or convenient for the enjoyment or use thereof for the purpose above described, and including the reasonable right to eater upon adjoining lands of the Grantors for the purpose of exercising the rights herein granted. Grantor and Grantee agree, and are aware, that in reliance upon, this Agreement, Grantee has and will be required to snake sub- stantial expenditures- in order to provide sewer service to the Grantor's adjacent property and that, therefore, the rights grant- ed to the Grantee hereunder shall be binding upon all successors, assigns, subsequent purchasers and mortgagees of the property described in Exhibit A, and that this License Agreement, shall remain in full force and effect and irrevocable so long as such land is used for the purposes described herein and Grantee is pro- viding sower service to Granter's property in accordance With c aforementioned Developer Agreement. This License shall be irrevo- cable to the extent of the maximum number of gallons of aftl€aent actually being disposed of on the Property notwithstanding any- thing herein to the contrary. The Grantors covenant that they have the right to convey the said license and that the Grantee, its successors and assigns shall have quiet and peaceable possession, use and enjoyment of said license. This License Agreement is predicated upon Grantor's repr6sen- tation that the property subject to this Notice and License Agree-_ k' went is unencumbered, except for taxes not yet due and payable. Grantor agrees that should any future mortgage or encumbrance be i placed ,pnn the property subject to this Notice and Agreement, that the mortgagee will join in and affirm this Notice and License Agreement. IN WITNESS WHEREOF, the grantors have affixed their hands and seals this _ day of , 1984. Signed, sealed and delivered in the - presence of: -2- Florida Residential Communities, Inc, Ey Attest F Before mo personally appeared . as President and Secretary respective- ly of Florida Residential Communities, Inc., tome well known to be the individuals who executed the foregoing instrument and who severally acknowledged to and before me that they execgted such instrument and that the seal affixed to the foregoing instrument is the seal of said -corporation and that it is affixed with dose and regular corporate authority. WITNESS my hand and official seal this day of 1984. t3otary Public .Ky Commission Expires: This instrument rn,re.pared by Martin -0. Friedman, Esquire, Suite 103, 1020 East Lafayette Street, Tallahassee, Florida 32301. 0 -3- Thia Addeadem is to be attaehead to and Incorporated in the DOvsloper Agreement dated Jonuary 24` 1985. The purpose for the AddeadLqm is to rlsrify and expand the Developer's obligations cof,talued is Paragraph � of the Agreement (off -sits Irastel.letLoG)o The wehkper h6raaby Agreas to reimburse the City a& a contributim In aid and construction for any Cost& Incurred by the Service npany in egpeadi-n. Imo" tr==1as:m 114—mu , -.anal g its Lift stotims (I.e. im tional or upgraded,p as p&) or king other aystem rove to to ac data the effluent flogs provided by the Developer in cmjunctim with this kgreement dated. this 34th day of January. 1985. 1t a- 6 SQA PARIT RSHIP r �A c14 AAS flED.L€IPRREE1 THIS AGREEMENT, made and entered into this .9,rrk day of A.D. 1985, by and between ASHLEY SQUARE PART - SH I hereinafter referred to an "Developer," and CITY 01 WINTER SPRING$, a municipal corporation, hereinafter referred tc as "Service Company,". 5. WHEREAS. Developer owns or controls lands located it Seminole County, Florida, and described in Exhibit "A" "attar hereto a 4 d rade a part hereof as if fully Set out in this: paragraph and hereinafter referred to as the "Property," anc Developer intends to develop the Property by erecting thereon, individually Retered residential units, general service units, or combination of these; and WHEREAS, Developer has officially requested that the Service CnMPa ny provide central water distribution and sewage colleCtion service for Developer's property herein described in Exhibit "A"; and WHEREAS, the Service Company is willing to provide, in accordance with the provisions of this Agreement and Service Company's mein extension policy, central water and sever services to the Property and thereafter operate applicable facilities so that the occupants Of the improvements on the Property will receive an adequate water supply and sewage collection and disposal service from Service Company; and WHEREAS, Developer's project and the receipt of water and surer service is contingent upon the construction and utilization of existing and contemplated water and sewage service facilities and the availability of capacity of those facilities; NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein Continued and assumed, Developer and Service Company hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning: a. "Consumer Installation" - All facilities ordinarily on the consumer s side of the point of delivery. b. "Contribution -in -aid -of -Construction (C1AC) - The sum of money and or the value of property represented by the cost of the water distribution and sewage collection systems including Iift stations .and treatment plants constructed or to be con- structed by a Developer or owner, which Developer or owner transfers, or agrees to transfer, to Service Company or no cost Lo Service Company, in order -to induce Service Company to provide Jtiliry Service to specified property. C. "Development Phase" - A subdivision,or construc- ion phase of the construction of utility facilities on property. d. "Equivalent Residential Connection (ERC) - A actor used to convert a given average daily flow (ADF) to the tegeivaisnt `louver Or raaidsetial voce cti as. for this purpose ties avarsjo deify flow of one equivalent rssidentiol connection (ERC) to 350 $allolist Per day (W) got vstar aarxict cad 250 gelllotts per dsy (RPd) for river servict, Tho ne bor of gRC'a deatained in a rivets ADP (mates' or savor) is datersinod by dividing the ADP by the appropriate ERC gallons per day. The determination of the number of ERC's for the property shall be subject to faCtaring as outlined in Service Company's tariff, or as mutually agreed upon by Service Company and Developer, if applicable, e. °°p�c_ti a to praceed" - A document execeeted by Developer exgratei:ing`=� formal carder pursuant to the Developer agreement, for specific water and/or seater service. f. 'Point of D_�Deliv._��°�°` - The point vhers the pipes or meter of_.Servic�r o gany are The with the pipes of the consumer. Unless otherwise indicated, point of delivery ohsll be at the consumer's lot line. S-stPrgpe�r" The area or parcel of land described in Exhibit A. h.Sera _vice" m The readiness and ability on the part of Service Company tem furnish and asaintsin master and sewer service to the point of delivery for each lot to or [tact (pursuant icaisle rules and Or of appliCable regulatory agencies). 3. Assurance of Title - Within fifteen (15) days of A.E.R. approval or prior to 15eveloper issuing the notice to Proceed to Service Company, at the expense of Developer, Developer agrees to deliver to Service Company a Certificate of Title, a Title Insurance Policy or an opinion of title from a qualified attorney-at-law, with respect to the Property, The provisions of this paragraph are for the purpose of evidencing Developer's legal right to grant the exclusive rights of service contained in this Agreement. 4. Connection Cha rRes - In addition to the contribution of any water distribution and sewage Collection systems, where applicable, and further to induce Service Company to provide water and sewage service, Developer hereby agrees to pay to Service Company the following connection charges: a. Contributions in Aid of Construction: Developer shall be assessed at the rate of $1,167,00 per ERC in lieu of ilent capacity and main extension chargee. Developer shall re- :eive, as a credit against said $1,167.00 assessment, all funds !xpended for acquisition of the 17.5 acre site described in :xhibit 6, attached hereto and incorporated herein by reference, urveys, soil tests, engineering fees, permit fees, package plant wlrchase and instsllatian costs, pipe, pumps and motors for the xisting treatment plant, and additional water lines to loop the star system. e T°per sFiaTI— Prov:de said7__rr,5—acera uen lt disposal site, and -deed it to the City and shall provide engineering costs, construction costs, 2100 feet of eight (a) inch mater main,Vand if the City does not have capacity, Developer will , provide a package plant on City property. The actual costs expended by the Developer shall be deemed as contributoions in aid 9f, construction. Developar shall provide amid 17.5 acre effluent disposal site, ant deed it to the Citr end shall provide eagioeering costa, comatruttioe coats, 2100 feet of eight (0) inch mater main, a loop to Cho City mister $yet" by ton®ectiom�t _,_„gam,. ` n faa'aa the Cit .i ch l !°• sewer plant site, and if the City does war have capacitY, Developer witl provide a package plant on City prcs®perty.L The aceuai coatT�*X"n"d by the Developer shall be deed am ilancr ut ons a mid of canatructioa. —2— b. Payment of the connection charges do** sot an will not result in Service Company waiving any of its rates o rules and regulations, and their enforcement shall not be of fected in any manner whatsoever by Developer except credit against utility charges described above. Service Company she I not he obligated to refund to Developer any portion of the velu of the connection charges for any reason whatsoever, nor shal Service Com pay any interest or rate of Interest =upon th connection %arges paid. Neither Developer nor any person or other entity holding on of the Property by, through or under Developer, or otherwise shall have any prevent or future right, title, claim or 81%terss in and to the connection charges paid or to any of the water o sewer facilities and properties of Service Company, and al Prohibitions applicable to Developer with respect to no refund o connection charges, no interest payment on said connectio charges and otherwr-Ise, ere applicable to all peraona or entities 5. Fayaent - Developer shall pay in full all treatmen plant and Rein capacity charges for all capacity reserved here under by June 1, 1955 or within fifteen (15) days of Cit approval of pians and acceptance of constructed fscilitiae. 6. The parties agree that the capacity needed to provid service to the Property is 133,000 gallons per day for potabl water supply and 117,500 per day or design capacity, whichever I greater, for wastewater removal. Developer agrees that the num her of units of development for which capacity is reserved hereb shall not exceed the number of units of development for whic capacity is reserved hereby pursuant to Exhibits A and H Developer agrees that sewage to be treated by Service Compan from Developer's property will consist of domestic wastewater gin further agrees that it will not allow any abnormal strangt sewage to flow from Developer's property to the Utility's sewag treatment facility that will cause haerr. to tha treatment process In addition, Developer further agrees that no wastewaters, fluid, or other substances and materials shall he discharged to Servic. Company's sanitary sewer collection/transmission system, whit contain any hazardous, inflammable, toxic and/or industrial con stituents, in whole or in part, regardless of the concentration (i.e„ strengths) of said constituents. Developer grtant& t� Service Company the right to sample the Developer's sewageas: referred to hereinabove, to verify Developer's compliance will this paragraph. 7. On-site Installation - To induce Service Company tc provide the water treatment and sewage collection and disposa: facilities, and to continuously provide conaumers locate' Prop- erty with water and sewer services, unless otherwise provided foe herein, Developer hereby covenants and agrees to construct and to transfer ownership and control to Service Company, as t contribution-in-aid-of-construction, the on-site water distribu- tion and sewage collection systems located on Developer'¢ property. The term "on-site water distribution and sewage col- lection systems" means and includes all water distribution anc supply mains, lines and pipes, and related facilities, and sewage collection lines facilities and equipment, including pumping stations, constructed within the boundaries of Developer's; prop- erty adequate in size to serve each lot or unit within the property or as otherwise required by Service Company. Developer shall install at its sole expense all of the aforesaid facilities a, Developer shell obtain approval of plans and spec• ifications from all necessary agencies. No construction hal` commence until Service Company and appropriate regulatory shaI cies have approved such plans and r,peciEicst_ions a writing. 11 en construu�tion commences prior to all such approvals and any other f PProvals required hereunder, Service Company shall have nc responsibility to accept such lines and facilities and Service Company say elect to terminate this Agreement and/or not .1-4A. service to Developer until such time as Developer sabtmirasp all such required approvals. When permits and approved plans are returned by appropriate regulatory agencies to Developer, Developer shall submit to Service Company one copy Of the water and/or sewer construction permit and approved plans. Developer shall also supply to the Service Company a copy of the final estimate or payment covering all contract items and Release of Lien from Contractor(&,. b. After the approval of plans and specifications by Service Company and appropriate regulatory agencies, Developer, or the engineer o£ record, shall set up a preconstruction conference with engineer of record, Utility contractor, appro- priate building official(s), all other utility companies involved in the development of the Property, and Service Company, as may be appropriate. Developer shall provide to Service Company's represen- tative forty-eight (48) hours written notice prior to commence- ment of construction end forty-eight (48) hours written notice prier to any inspections or tests being performed as described herein. "Notice" shell be complete when Service Company actually receives same. During the construction of the water distribution and sewage collection systems by Developer, service Company shall have the right to inspect such "Ucaliations to determine compli- ance with the approved plans and specifications. The engineer of record shall also inspect construction to insure compliance with the approved plans and ,specifications. The engineer of record and Utility contractor shall be present for all Standard tests and inspections for pressure, exfiltrataon, line and grade, and all other normal engineering tests and inspections to determine that the systems have been installed in accordence with the approved plan and specifications, and good engineering practices. C. Upon completion of construction, Developer's angi- neer of record shall submit to Service Company a copy of the signed certification of completion submitted to the appropriate regulatory agencies. If certification is for the mater distribu- tion system, a copy of the bacteriological results and a sketch showing locations of all sample points shall be included. The engineer of record shall also submit to Service Company ammonia mylars of the as -built plans prepared and certified by the engineer of record. d. Developer will provide Service Comp,sny with two (2) copies of the approved paving and drainage plans. e,Developer will provide Service Company with three (3) copies of the approved subdivision plat. -4- 8. Off-Site..%nstaliatton The Veveloper will conetract and Instal % a1 water meina, gravity sewer lines, lift station(s) and force main(a) from Developer's property to the Service Company's existing €evil€tiea in accordance with overall master plans of the utility system and in accordance with approved engineering plans and specifications. At all times prior to, during and upon completion of the Construction of the extensions of water and sever lines, Service Company shall have the right to inspect and approve all construction plans and specifications, piping, connections, equipment_, materials and construction work being provided or performed, or previously provided or performed, by or on behalf of the Developer. Such approval ®hail not be unreasonably withhold or delayed by Service Company, and any costs of such inspections shall be borne by Service Company. It shall be the Developer's responsibility to insure -that all construction fully meets the plans and specifications approved by the Service Company. As a condition precedent to receiving water and sewer service, Developer shall: a. Provide Service Company with three (3) copies of the approved subdivision plat. b. Provide Service Company with three (3) copies of the approved paving and drainage plans of the development. C. Furnish Service Company with three (3) copies of the plans, specifications and engineering coat estimate for the water distribution system, sewage collection system, lift station(s) and other facilities necessary to serve the property described in Exhibit "A." Developer must receive approval from Service Company of said plans, specifications and engineering cost estimate prior to proceeding with any construction of the facilities. d. Obtain approval of the plans and specifications from all necessary governmental agencies, including, but not limited to, the Florida Department of Environmental Regulation, the County of Seminole, and/or the City of Winter Springs. No construction shall commence until Service Company and appropriate regulatory agencies have approved such plans and specifications in writing. When permits and approved plana are returned by appropriate regulatory agencies to....Developer, Developer shall submit to Service Company one (1) copy of water and/or sewer construction permit and approved plans. e. After the approval of plans and specifications by Service Company and appropriate regulatory agencies, Developer, or the engineer of record, shall set up a preconstruction conference with engineer of record, utility contractor, appro- priate building officisI(a), all other utility companies involved in the development of the Property, and Service Company, as may be appropriate. Developer shall provide to Service Company's represen- tative forty-eight (48) hours written notice prior to commence- ment of construction and forty-eight (46) hours written notice prior to any inspections or tests being performed as described herein. "Notice" shall be complete when Service Company actually receives sane. During the construction of the water distribution and sewage collection systems by Developer, Service Company shall have the right to inspect such installations to determine compli- ance with the approved plans and specifications. The engineer of record shall also inspect construction to assure compliance with -5- f. upon completion of construction, Developer's engi- neer of record shall submit to Service Company s copy of the signed certification of Completion submitted to the appropriate regulatory agencies. if _certification is for the water distribu- tion system, a copy of the bacteriological results and a sketch shoving locatiohs of all sample points 'shall be included. Developer's engineer shall deliver one (1) set of ammonia mylars of "As -built" engineering plans, prepared by the professional engineer of record, showing the location of all water and sewer systems and services installed, and certification by the professional engineer of record to the Service Company that such systems and services, as built, comply with the plans and specifications approved by the Service Company. Furnish proof satisfactory to the Service Company that the installation of the facilities and all contractors, sub- contractors, materialmen and laborers have been paid in full, and provide an engineer's certificate of total cast of improvements, i.e., by Release of Lien or other appropriate means. g. As per this Agreement, developer shall install, at its sole expense, all of the aforesaid facilities off-site, in accordance with the plans and specifications approved by the Service Company, The Service Company agrees it will complete its review of the plans and specifications within thirty (30) days of receipt from the Developer. 9. By these presents, Developer hereby agrees to transfer to Service Company title to all mater distribution and sewage collection systems installed by Developer or Developer's contrac- tor, pursuant to the provisions of this Agreement. Such convey- ance shall take effect at the time Service company issues its final letter of acceptance. As further evidence of said transfer of title, upon completion of the installation, but prior to the issuance of the final letter of acceptance and the rendering of service by Service Company, Developer shall: a. Convey to Service Company, by bill of sale in form satisfactory to Service Company, the water distribution and sewage collection systems as constructed by Developer and ap- proved by Service Company, as appropriate for Service Company ownership and by Warranty Deed the 17.5 acre site described in Exhibit "B." b. Provide Service Company with copies of Release of Lien for said invoices. C. Assign any and all warranties and/or maintenance bonds and the rights to enforce same to the Service Company which Developer obtains from any contractor constructing the utility systems. Developer shall remain secondarily liable on such warranties, if Developer does not obtain such written warranty and/or maintenance bond from its contractor and deliver same to Service Company, which warranty and/or maintenance bond shall be for a minimum period of two years, then in such event, Developer by the terms of this instrument, agrees to indemnify and save harmless the Service Company for any loss, damages, costs, claims, suits, debts, or demands by reason of latent defects in the systems which could not have been reasonably discovered upon -6- normal engineering inspectiark, for a period of two years from the date of acceptance by the Service Company of said utility ®ysieas8. d. Provide Service Company -with all appropriate operation/maintenance and parts manuals. e. Further cause to be conveyed to Service Company all easements and/or rights -of -away covering areas in which water and sewer systems are installed, by recordable document in form satisfactory to Service Company. Convey title to Service Company, by recordable document in form satisfactory to Service Company, any lift stations constructed on Developer's .Property along with recordable ingress/egress easement documents. Service Company agrees that the issuance of the final letter of acceptance for the water distribution and sewage collection systems installed by Developer shall constitute the assumption of responsibility by Service Company for the continu- o;s operation snd mairacnance of such systema from that date forward. 10. Easements - Developer hereby grants and gives to Service Company, its successors and assigns, but subject to the terms of this Agreement, the exclusive right or privilege to construct, own, maintain or operate the water and sewer facili- ties to serve the Property; and the exclusive right or privilege to construct, own, maintain and operate said facilities in, under, upon, over and across the present and future streets, roads, alleys and easements, reserved utility strips and utility sites, and any public place as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and is independent of said record plats° Martgagees, if any, holding prior liens on the Property shall be required to either release such liens, subordi- nate their position or join in the grant or dedication of the easements or rights-of-way, or give to Service Company assurance by way of a'"non-disturbance agreement,` that in the event of foreclosure, mortgagee would continue to recognize the easement rights of Service Company, as long as Service Company complies with the terms of this Agreement, All water distribution and sewage collection facilities, save and except consumer installa- tions, shall be covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes. Developer hereby further agrees that the foregoing grants include the necessary right of ingress and egress to any part of the Developer's property upon which Service Company is constructing or operating utility facilities. The foregoing grants snail be for such period of time as Service Company or its successors or assigns require such rights, privileges or ease- ments in the construction, ownership, maintenance, operation or expansion of the water and sewer facilities. The parties agree that in the event Developer and Service Company agree to install any of the water or sewer facilities in lands within the Property lying outside the streets and easement areas described above, then Developer or the owner shall grant to Service Company, the necessary easement or easements for such "private property" installation; provided, all such "private property" irfstallations by Service Company shall be made in such a manner as not to interfere with the then primary use of such "private property." The use of easements granted by Developer to Service Company shall not preclude the use by other utilities of these easements, such as for cable television, telephone, electric, or gas utili- -7- aoch as for cable televisiorE, telephone, elactric, or gas utili- ties, or as otherwise agreed to by Service Company, provided each doeb not interfere with Service Company°a use thereof, Service Company hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the water and sewer industry with respect Lo the installation of all its facilities in any of the easement areas, 11. Agreement to Serve - Upon the completion of construc- tion of tWe water and sewer facilities by Developer, its inspec- tion, the issuance of the final letter of acceptance by Service Company. and the other terms of this Agreewent and Service Company's Main Extension Policy, Service Company covenants and agrees that it will allow the connection of the water distribu- tion and sewage collection facilities installed by Developer to the central facilities of Service Company and provide utility service in accordance with the terms and intent of this Agreement. Such connections shall at all times be in scordance with rules, regulations and orders of the applicable governmental authorities. Service Company agrees that once it Provides water and sewer service to the Property and Developer or others have connected consumer installationa to its System, that thereafter Service Company will continuously provide, in accordance with the other provisions of this Agreement, including rules and regula- tians and rate schedules, water and sewer service to the Property in a manner to conform with all requirements of the applicable governmental authority having jurisdiction over the operations of Service Company. 12. Application for Service: Consumer Installations - Developer, or any owner of any parcel of the Property, or any occupant of any residence, building or unit located thereon shall not have the right to and shall not connect any consumer installation to the facilities of Service Company until formal written application has been made to Service Company by the Prospective user of service, or either of them, in accordance with the then effective rules and regulations of Service Company and approval for such connection has been granted. Although the responsibility for connecting the consumer installation to the meter and/or lines of Service Company at the point of delivery is that of the Developer or entity other than Service Company, with reference to such connections, the parties agree as follows: a. Application for the installation of water meters and backflow preventors shall be made twenty-four (24) hours in advance, not including Saturdays, Sundays and holidays. b. All consumer installation connections way at its sole option he inspected by Service Company before backfill -Ing and covering of any pipes. C. Written notice to Service Company requesting an inspection of a consumer installation connection may be given by the Developer or his contractor, and the inspection will be made within twenty-four (24) hours, not including Saturdays, Sundays and holidays, provided the winter meter and backflow preventor, if applicable, have been previously installed. E d. If Service Company fails to inspect the consumer installation connection within forty-eight (48) hours after such inspection is requested in writing by Developer or the owner of any parcel, Developer or owner may backfill or cover the pipes M:12 withour Service Company's approval and Service Company must accept the connection as to any Matter which could have been discovered by such inspection. a. The coat of constructing, operating, repairing or maintaining consumer installations shell be that of Developer or a party other than Service Company. f. if a kitchen; cafeteria, restaurant or other food preparation or dining facility is constructed within the Property, the Service Company shall have the right " require that a grease trap and/or pretreatment unit be c®hstructed, installed and connected so that all waste waters from any grease producing equipment within such facility, including floor drains In ford preaaration areas, shell first enter the grease trap for pretreatment before the wastewater is delivered to the lines of the Service Company. The Size, materials and construction of said grease trap are to be approved by Service Company. Developer hereby grants to Service Company the right to periodi- c a11y inspect the,pretrestment facilities herein described. The provisions of this paragraph shall not apply to individual residential kitchens. No substance other than domestic wastewater will be placed into the sewage system and delivered to the lines of the Service Company. Should any non-domestic wastes, grease or oils, including, but not limited to, floor wax or paint, be delivered to the lines, the Customer will be responsible for payment of the cost and expense required in correcting or repairing any result- ing damage or impairment of the treatment process and/or facilities. 13. Service Company's Exclusive Right to Utilit Facilities. Developer agrees with Service Company that all water and sewer facilities accepted by Service Company in connection with providing water and sewer services to the Property shall at all times remain in the sole, complete and exclusive ownership of Service Company, its successors and assigns, and any person or entity owning any part of the Property or any residence, building, or unit constructed or located thereon, shall not have any right, title, claim or interest in and to such facilities or any part Of them, for any purpose, including the furnishing of water or sewer services to other persons or entities located Within or beyond the limits of the property. Developer may provide for the availability of those water services to the Property which constitute "non-domestic" uses such as for irriga- tion purposes. 14. Exclusive Ri ht to Provide Service - As a further and essential consideration of this Agreement, Developer, or the successors and assigns of Developer, shall not (the words "shall not" being used in a mandatory definition) engage in business or businesses of providing potable water or sewer services to the Property during the period of time Service Company, it successors and assigns, provide water and sewer services to the Property, it being the intention of the parties hereto that under the fore- going provision and also other provisions of this Agreement, Service Company shall have the sole and exclusive right and privilege to provide water and sewer services to the Property and to the occupants of each residence, building or unit constructed thereon, except for the providing by Developer, from its own sources and lines for irrigation uses. , 15. Rates - Service Company agrees that the rates to be charged to Developer and individual consumers of water and sewer services shall be those set forth in the tariff of Service -9- Company approved by the applicable governmental sgency, However, notwithstanding any provision in this Agreement, Service Company, it successors and assigns, may establish, amend or revise, from time to time in the future, and enforce rates or rats schedules soy established and enforced and shall at all times be reasonable and subject to regulations by the applicable governmental agency or as may be provided by law. Notwithstanding any provision in this Agreement, Service Company may establish, amend or revise, from time to time, in the future, and enforce rules; -and regulations covering water and sewer services to the Property, including the costs thereof. Any such initial or future lower or increased rate schedules, and rules and regulations established, amended or revised and enforced by Service Company from time to time in the future, as provided by law, ,shall be binding upon Developer; upon any person or other entity holding by, through or under Developer; and upon any user or consumer of the water and sewer service provided to the Property by Service Company, :b. BindinR Effect of # reeruent - This Agreement shall be binding upon and shell inure to the benefit of Developer, Service Company and their respective assigns and successors by merger, consolidation, conveyance or otherwise, subject to the terms of this Agreement as contained herein. In the event of a sale of all, or substantially all, of the stock or assets of Service Company to a governmental agency or authority or third party, such governmental agency, authority, or third party shall assume all of Service Company's responsi- bilities and duties to Developer hereunder and the liability of Service Company shall cease. Any such purchaser must, however, acknowledge its obligation to honor this Agreement. MISCELLANEOUS PROVISIONS 17. Notice - Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, by mail or by telegram, and if to Developer, shall be mailed or delivered to Developer at; Ashley Square Partnership 1184 State Road 434 Winter Springs, Florida With a copy to: Hillebrand d Son Alsave Corporation 4711 N. Braney Street c/o Alamo Savings and Loan Suite 9 Post Office Box 17527 Davenport, Iowa 52804 901 N.E. Loop 410 San Antonio, Texas 78217 and if the Service Company, at: City of Minter Springs Citv Hall Winter Springs, Florida 18. Laws of Florida - This Agreement shall be,governed by the laws of the State of Florida and it shall be and become effective immediately upon execution by both parties hereto, subject to any approvals which must be obtained from governmental authority, if applicable. -10- 19. Cost and Attorne °s -Foes - in the event the Service Company or eve 'aper is required to anforce this Agreement by Court proceedings or otherwise, by instituting suit or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorney's fees, 2C. Force Majeure - In the event that the.performance of this Agreement by either party to this Agreement is prevented or Interrupted in consequence of any cause beyond the control of either party, including but_..not limited to Act of God or of the Public enemy, war, national emergency, allocation or of other governmental restrictions upon the use or availability of labor or materials, rationing, civil insurrection, riot, racial or civil rights disorder or demonstration, strike, embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe, unforeseeable failure or breakdown of pumping transmission or other facilities, any and all governmental rules or acts or orders or restrictions or regulations or requirements, acts or action of any government or public or governmental authority or commission or board or agency or agent or official or officer, the enactment Of any Statute or ordinance or resolu- tion or regulation or rule or ruling or order, order of decree or judgment or restraining order or injunction of any court, said party shall not be liable for such non-performance. 21. In the event Service Company's performance is prevented by the happening of an event of "force Majeure" as referenced in Section 20 above, Service Company shall refund to Developer the amount of monles previously paid by Developer to Service Company. Such refund shall be without interest or penalty. 22. The rights, privileges, obligations and covenants of Developer and Service Company shall survive the completion of the work of Developer with respect to completing the facilities and services to any development phase and to the Property as a whole. 23. This Agreement supersedes all previous agreements or representations, either verbal or written, heretofore in effect between Dcveloper and Service Company, made with respect to the matters herein contained, and when duly executed, fully consti- tutes the agreement between Developer and Service Company. No additions, alterations or variations of the terms of this Agree- ment shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations or waivers are expressed in writing and duly signed. 24, Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the masculine, feminine and neuter genders shall each include the others. 25. Exhibits mentioned herein have been signed or initialed by the duly authorized officers, agents or attorneys of the parties hereto and are hereby incorporated herein by reference and made a part hereof as fully es if set forth herein. 2b. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be inreasonably withheld or delayed. i 27. Notwithstanding the gallonage calculations that could ie made hereunder relative to ERC's, by and execution hereof, Developer agrees that the intention of this contract is to reserve a Of-ven number a ,nits of capsca_ty for the Property calculations. scribed in Exhibit 41 A and not €or purposes of any other alt4 eed by and etween words, terms i®andreonditions containedhherein are to be read i�E Parties hereto that all concert, each with the other, and thaC under one heading may be a provision contained in the intconsidered to be equally applicable under another interpretation of this contract. 29. By the execution hereof, Developer agrees that Service Company has certain obligations as a municipal utility at Service the health, safety slid welfare of the Public and not Co burden Service Company's customers with eltraordinary expenses attributed or attributable to Developer, has Successors or assigns, and that Service Company may, at its sole option, require pretreatment or special features such as grease traps. It is the intention of the parties that all sewage shall conform to the requirements of Paragraph b hereto prior into Service Company's collection to Introduction system. Developer shall be responsible for ail costs associated herewith. 30. Service Company shall, at all reasonable hours, have the right of inspection of times and times internal lines and facilities. This provision shall be binding on the succes- sors and assigns of the Developer. 31 - ter rvasures on Developer.WaSaidcmeasuresishalleinclude butshalnotbbeemployed limited tby o.the a. Low flush toilets which utilize 3.5 gallons or less of water per flushing cycle. b. Shower heads which have flow restrictors, pulsat- in& features, flow control devices or other features which result in water conservation; and do not allow a flow exceeding 3.6 gallons per minute at 40 psi, C. No swimming pool filter backwash water, or any other swimming pool wastewater shall be discharged to the tary sewer system. sani- d. Spring-loaded/automatic shut-off water fixtures shall be utilized in all public restrooms. This shall lavatory fixtures. include e. Consideration and use (where possible) of dish- washers and washing machines which have water conservation features and/or utilize less water per cycle. Service Company, at its discretion, shall review and approve all water Conservation measures proposed by Developer. 32. The parties hereto recognize that prior to the time iervice Company may actually commence upon a program to tarry out he terms and conditions of this Agreement, Service Company may >e required to obtain approval from various state and local ;avernmental authorities having Jurisdiction and regulatory power Ever the construction, maintenance, and operation of Service :ompany. The Service Company agrees that it will diligently and arnestiy, at Developer s sole cost and expense, make the neces- ary and proper applications to all governmental authorities ,r ill pursue the same to the end that it will use its best efforatnds! o obtain such approval. Developer, at its own cost and expense, grees to provide necessary assistance to Service Company in btaining the approvals provided for herein. Upon execution of -12- this Agreement, Service Coanparay aeay require the paya qp.t of m reasonable fee to defray Service Cojapanygg legal, engineering, accounting, administrative and contingent gxpensgs, 33. Submission of the Developer Agreement to the Developer by the Service Company shall not constitute or be construed to constitute an offer of service to Developer by Service Company. The Developer Agreement shall become effective and binding upon the Developer and Service Company only at time of oxecution of same by the parties. 5 34. Failure to insist upon strict compliance of •any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such terms, covenants, or conditions, or shall any. waiver or relinquishment of any right or power hereunder at and one time, or times, be deemed a waiver or relinquishment of such right or power at any other time or times, 35. Regardless of where executed, this Agreement ahall be construed according to the laws of the State of Florida. 36, In the event that relocation of existing water and serer utilities are necessary for the Developer, Developer will reimburse Service Company an full for such relocations. 37, The letter dated November 19, 1984 and attached hereto as Exhibit "C" is incorporated herein by reference as an integral part of this Agreement. 38. Developer shall have the right to assign the benefits, privileges and duties contained within this Agreement, in whole or in part, to third parties with respect to the properties described in Exhibit "A." Service Company hereby covenants that it will recognize such assignments by the Developer, providing such assignment does not materially modify the rights, privileges or duties herein assumed or secured. Service Company shall approve and acknowledge such assignments in writing to Developer and said third parties. Such approval and acknowledgment shall not be unreasonably withheld or delayed. 39, if Developer assigns its rights to water and sewage capacities and related benefit-- to a third party with respect to the property or properties described in Exhibit °"A," Service Company or its successor shall be bound by same. IH WITNESS WHEREOF, Developer and Service Company have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counter arts, each of which counterpart shall be a;onsided an or executed copy of this Agreement. Attest: &ZilrlO. i ty Clerk (SEAL) titnesses: CITY 14F )q1HTERI$'PRINGS 8y. ASHLE SQUARE AARTNERS€iI $v . RAchard Hillebrarsd, General Partner ty Manager STATE OF FLORIDA CO€ATY OF SEMINOLE I HEREBY, CERTIFY--- that on this day4.oRh—. re me personally appeared ¢ rp Sr and ("- re s Pe C L I v el y City Manager' and City ClerkCzty of Winter Springs, to me known to be the individuals and officers described in and who executed the foregoing instrument and severally acknowledged the execution thereof to be their free act and dee# as such officers thereunto duly authorized; and that the official seal of said City is duly affixed thereto, and the same is the free act of said City. WITNESS my hand and official seal this day of A.D. 1985r _�_,^ ZcL241 � Notary Public, State Florida MY Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE WTAV KAX 9TaTt V RDMA AT LAAM The foregoing instrument was acknowledged before ate this 1?e' AX day of� , A.D. 1985, by RICHARD HILLEBRANR, General Partner of Arhley Square Partnership, for and on behalf of said partnership. i Notary Public'. State Florida Eby Commission Expires. *=m Pilo= mATE au nikwsL Ar lA ASHLiV SWUARt;--TOTAL PARCEL { part of Lnt 16, Block 'D' of Mitchell 'a Survey of levy Grant, ..s recorded an Platt Snok 1, Passe 5, of the Public Rocord& of �rt*sn olv 17-un.ty„ Floridn, Described ns follows: ItEt; €v it! the Intersection of the We9torly lEnC Of Said Iot lti, .tnd ttho North right of way of Stuto Ruud 4:14, aafieiardingg 'to the -Stitt: of Florida, Depurtment of Trans �ortation Right tat Wiry Bap, Sec t s,)n No. 77.NRO-2610 ; thence S. 69 02, 301, E., Along the ',forth rii:ht or way theraot, 993.41 feet tsa the Eiaait line of satld '-ut tri ; thence N. 050 45' 00" E., itlon6 the East line thereof 11158. �5 feet to the Northeast corner of snid Lot 10, atecortding ;n 16511i:tnasaon 11sigghts its recorded In Plitt Book 12, Pune :!&, of the Public Records of Seminole County, Florida ; thence $. 83o 56' tt'°' W.. ,AlOnR the '940rth lime of Lnt 16, 909.53 Seat to the Vorth est corner Of mhid List ifs. eloo being the Northansst caarner of Tolano Subtlivision a,w rt corded in Plitt Uonk 9, Page 1C3, Pubi is Ruenrdi� of Soninole County, Florida; thancc S. 050 45' ow, tt., .,Ionst the west line of Lot 16 and the Cast boundary lino of said Tzlmo Subdivision, 2007,55 foot to the POINT OF BEGINNING. Cnntain:ng 42.170 acres mnre or leeks. Also described as follows: Lot 16 (less the Northerly 978.33 feet and part South of road ,tr.d ro,,J risist of wiry), Block 'D' of D. R. U1tcheIi's Survey of ',he Grant as recorded In Plot Book 1, Pngc 5, of the Public RecortIF of Seminole County, Florida; And 9EG€NVIS'G :it the Northwest Corner of Lot 16, Block 'D' of t':tc*.r11'aa Survey of the Lewy Grant, its recorded In Plnt Book P.,i:6 5. of the Public Records of Seminole County, F"lorldn, rt;n v. 5Q0 13' E., itlonR the Northerly litre of said Lot 16, .'c,. " fact to the Northeast sorrier of sKid Lot 16, gear. thaanco ; . 050 w.. along the Easterly lute of said Lot 16, 978.3:1 feut, run '.hence 896 13' 19., 910.10 feet to a point an the Westerly line of said Lot 16, run thence V. 050 E., 978.33 feet to the POINT OF BEGINNING. t,€SCR�� IPTIGN EFFLUENT POND SITE From the Northeast corner of North Orlando Ranches Section 1, as recorded in Plat Book 12, Plage3, Pubhc Records of Ssminoly County. Florida, run S. 070 11' 3I�4 " E., itlong the East tbq',nr .,airy lane of said North Orlando Ranches 3ection 1 and the East right of way lana of Shore Road, 20.93 feet to the POINT OF BEGINNING thence continue S. 470 11' 37" E., along s*id affil tstan -ry en and East right of way line 742.47 feet to the North line of it Florida Domer Corporation easement "G", an recorded in Official Records Book 353, Page 54, Public Records of Seminole County, Florida; theenae S. 790 39' 35" E., %long said easement "Cr", 336,66 feet; thence S. 0030 451 26" E., 25,46 test to the North line of it Florida.Power Corporation easement as recorded in Offictaal Records Book 543, Page 270, Public Record* of Seminole County, Plorids; thence S. 79 39' 35" E., along said e*sement 345.20 feet to an angle paint; thence S. 65 04' 35" E., along —1d easement 251.00 facts thence dspartingraw said easement R. 410 27' 55" E. 441.63 feat; thence N. 24 33' 01" W., 691.4• rent; thonee S. $3, o 37' 55" W., 721.00 feet to the POINT OF BEGINNING a"i,ntearntng 17,504 sacr°ee more or less. 9.Aninterim wastewater trea=ent package giant sized to t, the project flows generated by 553 int Units talus 5 acres of o=texcial property along ,tete Rcad 434. Permitting PrOOudures will omTnence iiateiy. 20 This plant uxxad be situated on the site Stich is adjacent to the City c6n) d mast *ester treatvent plant northeast w� adjacent to the Ashley square project site. 3. existing City a4ned puzping and force main facilities Bald be utilized to Convey our treated wastewater to the proposed lard spreading site south of the project located on east Shore Fwd and math of the existing City a ned Site 16 land spring facility. 4. A lard spring facility would be purchased by the developer and c mst -tcted at the site referenced in ism 3 afire on a tract of presperty aPPrOxLnetely 17.5 acres. 0 e, { a GFFlCE ( CC BILL FREDERICK NAYC?P February 26. 1985 Mr. Richard Rozansky City Manager City of Winter Springs 400 North Edgemon Avenue Winter Springs, r ie -J2-10-0 Otit of Ocan'bo "OCt SOU'T". 0E-'FNGE AVENUE ORLANDG, FLORIL)A 32801 Re: Casselberry and Winter Springs Facility Pian Formerly the Orlando Easterly 201. Amendment for Casselberry and Winter Springs Dear Mr. Rozansky: The City of Orlando staff has reviewed the above referenced document in accordance with your request. We understand that this document will be utilized by the Florida Department of Environmental Regulation in reviewing your request for a State Grant under the Small Communities Trust Fund Revised List (FY 1984). We mote that Alternative III was selected as the most cost effective solution for wastewater treatment and disposal for the planning area. Under Alternative 111, the City of Winter Springs would be sending approximately 0.6 MCO to the Iron Bridge facility by the year 2005. The City of Winter Springs has nes current allocation at the Iron Bridge facility, but does have a signed interlocal agreement for 0.0 MGD. . At the present time the Iron Bridge facilities do not have additional capacity to serve the increased creeds of the area, However the City of Orlando is pursuing an expansion of this facility and the capacity will be allocated accordingly and if purchased by the City of Minter Springs, will be mailable and reserved for their use. The City of Orlando does not object to the planned utilization of the existing Winter Springs facilities as described in the facility plan. The planned utilization of the facilities does not conflict with the planned program by the City of Orlando for the Iron. Bridge facilities. OFFICE OF SILL FREDERICK m AYOR February 26. 1985 ("Up 400 50U'rH ORANGE AVENUE ORLANDO, FLORIDA 32801 Mayor Charles H. Glascock City of Casselberry 95 S. Lake Triplet Drive P. OBox 819 Casselberry, FL 32707 TO L E PRONE (3 0 5 ) 849.2221 The City of Orlando staff has reviewed the above referenced document in accordance with your request. We understand that this document :Ti11 11 be utilized by the Florida Department of Environmental Regulation in reviewing your request for a State Grant under the Small Communities Trust Fund Revised List IFF 117"L84). We note that Alternative III was selected as the most cost effective solution for wastewater treatment and disposal for the planning area. Under Alternative III, the City of Casselberry would be sending approximately 3.8 MGD to the Iron Bridge facility by the year 2005. The City of Casselberry has a current allocation of 2.813 MGD through interlocal agreements. . At the present time the Iron Bridge facilities do not have additional capacity to serve the increased needs of the area. However the City of Orlando is pursuing an expansion of this facility and the capacity will be allocated accordingly and if purchased by the City of Casselberry® will be available and reserved for their use. The City of Orlando does not object to the planned utilization of the existing Casselberry facilities as described in the facility plan. The planned utilization of the facilities does not conflict with the planned program by the City of Orlando for the Iron Bridge facilities. M, W for your cooperation. Frederick Cjp , p, ("Up 400 50U'rH ORANGE AVENUE ORLANDO, FLORIDA 32801 Mayor Charles H. Glascock City of Casselberry 95 S. Lake Triplet Drive P. OBox 819 Casselberry, FL 32707 TO L E PRONE (3 0 5 ) 849.2221 The City of Orlando staff has reviewed the above referenced document in accordance with your request. We understand that this document :Ti11 11 be utilized by the Florida Department of Environmental Regulation in reviewing your request for a State Grant under the Small Communities Trust Fund Revised List IFF 117"L84). We note that Alternative III was selected as the most cost effective solution for wastewater treatment and disposal for the planning area. Under Alternative III, the City of Casselberry would be sending approximately 3.8 MGD to the Iron Bridge facility by the year 2005. The City of Casselberry has a current allocation of 2.813 MGD through interlocal agreements. . At the present time the Iron Bridge facilities do not have additional capacity to serve the increased needs of the area. However the City of Orlando is pursuing an expansion of this facility and the capacity will be allocated accordingly and if purchased by the City of Casselberry® will be available and reserved for their use. The City of Orlando does not object to the planned utilization of the existing Casselberry facilities as described in the facility plan. The planned utilization of the facilities does not conflict with the planned program by the City of Orlando for the Iron Bridge facilities. M, W for your cooperation. Frederick Post, Buckley, Schuh & Jernigan, Inc. sTiCONSULTING ENGINEERS and PLANNERS 889 NORTH ORANGE A` FNUE, ORLANDO, FLOWDA 32801-1,M e 305!523-7275 c TELEX 808435 February 25, 1985 Mr. Terry M. Zaudtke Conklin, Porter &Holmes P. 0. Box 1976 Sanford, Florida 32772-1976 Re: Facility Plan (Amendment to the Orlando Easterly 201 Facilities Plan) For the cities of Winter Springs and Casselberry, Florida - January 1985 Dear Mr. Zaudtke: Seminole County had the opportunity to review the above referenced document during the week of February 18, 1985. We also met with you on February 22, 1985, to discuss concerns and comments. The County recognizes that the plan is a funding document and does not necessarily reflect current planning for each of the entities presented therein. Seminole County, however, :does not agree either with the Seminole County service area presented, therein nor does it agree with the projected flows for that area. Attached please find a preliminary sewer service planning area map for the unincorporated Seminole County areas that could be served by either the Iron Bridge WPCF or Seminole County's own Consumer Wastewater Treatment Plant. Planned service for sub -areas 2-6 is through Iron Bridge WPCF directly. Planned service for sub -area 1 (Consumer) is through the Consumer treatment plant collection system. In sub -area 1, the raw waste will be collected at a master lift station located at the existing Consumer WWTP site from which the flow can be pumped to either the Consumer WWTP or to the Northerly Interceptor for conveyance to the Iron Bridge WPCF for treatment and disposal. The County has not yet determined how much will be treated at Consumer and how much will be seat to Iron Bridge from sub -area 1. Preliminary flow projections through the year 2005 by sub -area is presented in Table 1. Even though the County understands that the referenced plan is a funding document only, they would like to provide the above information, to be included as part of the official document, to prevent any future misunderstanding regarding Seminole County service area boundaries and flow projections. Seminole County also requests that in Section 1.3, Recommendations, a statement be included to generally read as follows: "The information used in this plan relative to is based on the original 201 service areas This information does not necessarily reflect plans or projections for Seminole County. and the Seminole County flow projections. current thinking Mr. Ferry M. Zaudtke February 25, 1985 Page two This plan only addresses the cities of Casselberry and Winter Springs in detail. bone of the information, conclusions and/or recommendations relative to Seminole County are intended to direct or restrict the County in any way from expanding the Consumer WWTP or in i-ts utilization of the Iron Bridge WPCF." We wish you and the cities of Winter Springs and Casselberry the best of luck in obtaining DER grants. If you have any questions or,need additional information, please call me. Sincerely, POST, BU Y, S JERNIGAN, INC. Robert R. Morrel P.E. RAM: ma Attachments cc. Pamela Hastings Seminole County Environmental Services /032 TABLE I SEMINOLE COUNTY SOUTH CENTRAL SEWER SERVICE PLANNING AREA PRELIMINARY FLOW PROJECTIONS BY SUB -AREA SUB-AREA(s) No. 1 Consumer No. 2 Deer Run 10 No. 3 Tuscawilla Point No. 4 Sunrise No. 5 and 6 Indian Hills and Iron Bridge TOTAL /033 PROJECTED YEAR 2005 FLOW MGD 3.49 0.48 1.31 1.29 2.44 9.01 rVE | | � M .0 � s LETTER CONCERNING GOLF COURSE LEASE ARRANG'EMENTS February 28, 1985 The Honorable Charles H. Glascock Mayor, City df Casselberry- -. 95 Lake Triplet Drive Casselberry, Florida 32707 Re: Spray Irrigation Casselberry Golf Course Bear Mayor Glascock: We have reached an Agreement in principle with the City of Casselberry which will allow the City of Casselberry to spray irrigate the golf course with sanitary sewer effluent which will be treated to a tertiary level. Our attorneys have been delayed in preparing a lease -type of agreement which will incorporate the terms and provisions of the Agreement in principle, but expect to have the document prepared for review and agreement in the immediate future. Subject to and upon entering into the formal lease agreement we certify that we have agreed for the City to have the use of the golf course for spray irrigation, subject further to full compliance schedules as set forth by the Florida Department of Environmental Regulation. Sincerely yours, NORTH FLORIDA GOLF MANAGEMENT, TNC. By r As its bl to CASSPLB d � PHASE 11 arm �. < 5 , y�ry._�, �rrry f I�1B 76 u.Y.t Re.X ; x w'•v � lel 4k n�te.ry{rn7� i ioxp r r YtK o n r x r �,al t ssa mks r r -wee {ems f r C � i � b4i`I'iH � r�' q� '�'' CASSPLB d � PHASE 11 arm �. < 5 , y�ry._�, �rrry f I�1B 76 u.Y.t Re.X ; x w'•v � lel 4k n�te.ry{rn7� i ioxp r r YtK o n r x r �,al t ssa mks r r -wee {ems f r C � i � L Vi•µ �•� � � r�' q� '�'' CASSPLB d � PHASE 11 arm �. < 5 , y�ry._�, �rrry f I�1B 76 u.Y.t Re.X ; x w'•v � lel 4k n�te.ry{rn7� i ioxp r r YtK o n r x r �,al t ssa mks r r