HomeMy WebLinkAbout2009 09 28 Consent 201 Fourth Addendum to the Effluent Disposal Easement Agreement With Tuscawilla Country ClubCOMMISSION AGENDA
ITEM 201
September 28, 2009
Regular Meeting
Consent X
Informational
Public Hearing
Re ular
~i~l~
r. / Dept.
Authorization
REQUEST: Utility Department Requesting the City Commission Approve the Fourth
Addendum to the Effluent Disposal Easement Agreement with Tuscawilla
Country Club
PURPOSE: This agenda item is needed for the Commission to consider extending the
conditions of the previous Addendums to the Effluent Disposal Easement
Agreement under which the City would provide reclaimed water to the
Tuscawilla Country Club while a reclaimed water cost agreement is developed.
CONSIDERATIONS:
This agenda item is needed to provide a 4th extension for six months to the reclaimed
water agreement with the Tuscawilla Golf Course. The previously approved Third Addendum
expires October 1, 2009. The terms and conditions of the previous addendums remain
unchanged; reclaimed water is provided at no charge to the golf course and the City is no longer
responsible for the golf course pump station maintenance, repairs, or electrical costs.
The Utility Rate Study determined that the wholesale rate for reclaimed water should be
$0.52 per thousand gallons. The average daily usage for the Tuscawilla Golf Course is 211,000
gallons per day which equates to a new annual cost to the golf course of approximately $40,000.
Staff and City Attorney met with the golf course representatives to discuss the new fee. They
recognized that reclaimed water will be a cost to them.
092809 COMM Consent 201 Tuscaweilla Golf Course_Reclaimed_Water_Agreement_4~'_ Addendum
September 28, 2009
Consent Agenda Item 201
Page 2
The two main issues the agreement needs to address are;
Implementation timeframe for the new rate.
2. Offsetting value of the golf course well water used to augment the reclaimed
water system during peak demands.
RECOMMENDATIONS:
It is recommended that the City Commission authorize the City Manager and City
Attorney to prepare and execute the Fourth Addendum to the Effluent Disposal Agreement
which extends the terms of the First Addendum for an additional six months to April 1, 2010.
ATTACHMENTS:
Draft Fourth Addendum
COMMISSION ACTION:
092809_COMM_Consent_201_Tuscawilla_Golf Course_Reclaimed_Water_Agreement_4th_Addendum
DRAFT
FOURTH ADDENDUM TO
EFFLUENT DISPOSAL EASEMENT AGREEMENT
THIS FOURTH ADDENDUM to the Effluent Disposal Agreement ("Fourth Addendum") is
made this day of September, 2009, by and between the CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter
Springs, Florida, and WINTER SPRINGS GOLF, LLC, a Florida limited liability company whose
address is 375 Forsgate Drive, Monroe Township, New Jersey 08831.
RECITALS:
WHEREAS, the parties previously entered into a First Addendum to the Effluent Disposal
Easement Agreement on October 1, 2007 ("First Addendum"); and
WHEREAS, the parties previously entered into a Second Addendum to the Effluent Disposal
Easement Agreement on October 13, 2008 ("Second Addendum"); and
WHEREAS, the parties previously entered into a Third Addendum to the Effluent Disposal
Easement Agreement on March 31, 2009 ("Third Addendum"); and
WHEREAS, the parties are currently negotiating a new effluent disposal agreement wherein
Winter Springs Golf, LLC will commence compensating the City of Winter Springs for
effluent/reclaimed water under mutually acceptable terms and conditions; and
WHEREAS, the parties now desire to extend the term of the Effluent Disposal Easement
Agreement, as amended by the First, Second and Third Addendums, to April 1, 2010, in order to
provide the parties additional time to negotiate the terms and conditions of the new agreement; and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
sufficiency of which is hereby acknowledged, it is agreed by the parties as follows:
1.01 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by
reference as a material part of this Fourth Addendum.
1.02 Term. The term of the Effluent Disposal Easement Agreement is extended until April 1,
2010, subject to the modifications contained in Section 1.0 of the First Addendum.
1.03 All Other Terms and Conditions. All other terms and conditions of the Effluent Disposal
Easement Agreement, and First, Second and Third Addendums, not expressly modified
herein, shall remain in full effect and shall be enforceable as provided therein.
1.04 Effective Date. The effective date of this Fourth Addendum shall be the last date signed
below.
[EXECUTION PAGE FOLLOWS]
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have
executed this Fourth Addendum to the Effluent Disposal Easement Agreement on this day of
September, 2009.
CITY:
CITY OF WINTER SPRINGS, FLORIDA
By:
Kevin L. Smith, City Manager
Date:
WINTER SPRINGS GOLF, LLC
By:
Print Name:
Title:
Date: