HomeMy WebLinkAbout2008 03 10 Consent 209 First Addendum to Effluent Disposal Easement AgreementCOMMISSION AGENDA
ITEM 209
March 10, 2008
Regular Meeting
Consent X
Informational
Public Hearing
Regular
~~
~~-- J
Mgr. / Dept.
Authorization
REQUEST: Utility Department Requesting the City Commission Extend the First
Addendum to the Effluent Disposal Easement Agreement with Tuscawilla
Country Club
PURPOSE: This agenda item is needed for the Commission to consider extending the previous
conditions of the First Addendum to the Effluent Disposal Easement Agreement
under which the City would provide reclaimed water to the Tuscawilla Country Club
for six months.
EONSIDERATIONS:
This agenda item is needed to provide a six month extension to the reclaimed water
agreement with Tuscawilla Golf Course previously approved by the City Commission on September
24, 2007. That agreement, the First Addendum to the Effluent Disposal Easement Agreement,
expires on April 1, 2008 and provided for a six month extension with the written consent of both
parties. A copy of the executed agreement is attached.
On November 13, 2007, the City Commission adopted the Alternate Water Supply Study
which established Lake Jesup as the primary source for reclaimed water augmentation. This set in
motion the parameters for the Utility Rate Study Scope of Work. The City Commission approved the
consultant to perform the Utility Rate Study on February 25, 2008 which included developing
reclaimed water rates including the golf courses. We expect to have preliminary reclaimed water
rates for discussion within 90 days.
031008_COMM_Consent_209_Tuscawilla_Golf_Course_Reclaimed_ W ater_Agreement_Ea-tension
March 10, 2008
Consent Agenda Item 209
Page 2
RECOMMENDATIONS:
It is recommended that the City Commission approve extending the First Addendum to the
Effluent Disposal Agreement for six months to October 1, 2008.
ATTACHMENTS:
1. First Addendum to the Effluent Disposal Easement Agreement
COMMISSION ACTION:
031008_COMM_Consent_209_Tuscawilla_Golf Course_Reclaimed_Water_Agreement_Extension
FIRST ADDENDUM TO
EFFLUENT DISPOSAL EASEMENT AGREEMENT
THIS FIRST ADDENDUM to Effluent Disposal Easement Agreement ("First Addendum")
is made this ~~day of October, 2007, by and between the CITY OF WINTER SPRINGS,
FLORIDA, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter
Springs, Florida ("City")> and WINTER SPRINGS GOLF, LLC, a Florida limited liability
company whose address is 375 Forsgate Drive, Monroe Township, New Jersey 08831 (Collectively
acrl~x:neT$e,~.
REC_ ITAI=S:
WHEREAS, the Seminole Utility Company and Winter Springs Development Corporation
entered into Effluent Disposal Easement Agreement, dated September 28,1987 ("Agreement"); and
WHEREAS, this First Addendum and Agreement are related to certain real property located
in Seminole County, Florida which is commonly known as the Tuscawilla Golf and Country Club
("Club Property"); and
WHEREAS, the City previously purchased Seminole Utility Company and has assumed sole
responsibility for duties provided for in the Agreement; and
WHEREAS, Owners are the current fee simple Owners of the Club Property, as successors
in interest to Winter Springs Development Corporation, pursuant to the Agreement; and
WHEREAS, the Agreement terminates on September 28, 2007; and
WHEREAS, the parties desire to extend the terms of the Agreement until April 1, 2008
under the terms and conditions set forth herein; and
NOV1', THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:
1.0 The term of the Agreement is extended until April 1, 2008, subject to the following
modifications:
A. The Owners shall bear all responsibility of maintenance and repairs to the pumps,
valves, controls and all related appurtenances needed to operate the irrigation
system on the Club Property.
First Addendum to
EFFLUENT DISPOSAL EASEMENT AGREEMENT
City of Winter Springs -React Land, LLC/ Winter Springs Golf, LLC
Page 1 of 2
B. The Owners shall assume full responsibility for any and all electric bills incurred to
operate the irrigation pump station on the Club Property.
C. The City shall continue to have use of the well on the Club Property at no cost to the
City.
D. Paragraph 7 is hereby deleted in its entirety.
2.0 This Agreement may be extended for an additional six (6) months by written consent of
the parties.
3.0 All other provisions of the Agreement not modified by this First Addendum and not in
conflict herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have exec~ut"e~d this First Addendum to the Effluent
Disposal Easement Agreement on this ~ day of t~C.~y ~ , 2007.
CITY:
CITY OF WINTER SPRINGS,
FLORID
Ronald W. McLemore, City Manager
Date: I D -1 "7 - U~
WI GOLF, LLC
By
P t Name: (' ; v
Title:
Date: ~o - ~ ~, ~ 07
First Addendum to
EFFLUENT DISPOSAL EASEMENT AGREEMENT
City of Winter Springs -React Land, LLC/ Winter Springs Golf, LLC
Page 2 of 2