Loading...
HomeMy WebLinkAboutWinter Springs Partners Ltd (Golf Course) Effluent Disposal Agreement 1995 05 09~. AGREEMENT THIS AGREEMENT is made this ~ day of /~f ~ ~~ /9 %~ . between The City of Winter Springs, 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as "City", and Winter Springs Partners, Ltd., 900 West State Road 434, Winter Springs, Florida 32708, hereinafter referred to as "Golf Course." WHEREAS, there previously existed an Effiuent Disposal Agreement ("Agreement") dated the 26th day of April 1979 between Florida Land Company and Dayron Corporation and the Agreement was modified the 13th day of July 1981; and WHEREAS, the City did purchase the water and sewer company from Florida Land Company in October 1984 and assumed the effiuent disposal agreements; including the Agreement; and WHEREAS, the Golf Course was dedicated as a Conservation Easement on December 26, 1984; and WHEREAS, the owners of the Golf Course and the City have indicated the need for a revised Effiuent Disposal Agreement that can be assigned to any future buyer of the Golf Course; NOW, THEREFORE, for and in consideration of the consideration described herein and of other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and the Golf Course agree as follows: 1. The parties agree that the Golf Course has a need for a certain supply of water for irrigation of the Golf Course and the Golf Course is willing to use the reclaimed water from the City's West Reclaimed Water Facility to provide for such irrigation. 2. The parties agree that the Golf Course is currently permitted by the Department of Environmental Protection for three hundred fifty thousand gallons (350,000) per day for effiuent disposal, as part of the Reclaimed Water Facility operation permit. 3. The water produced by the Reclaimed Water Facility is permitted for residential irrigation and has an economic value to the City. 4. The City agrees to supply at no cost to the Golf Course, up to three hundred fifty thousand gallons (350,000) of reclaimed water on a daily basis and the Golf Course owners agree to accept at their discretion up to three hundred fifty thousand gallons (350,000) of reclaimed water on a daily basis. 5. The City cannot guarantee the Golf Course more than three hundred fifty thousand gallons (350,000) on a daily basis. If excess reclaimed water is available and needed by the Golf Course and can legally be supplied to the Golf Course, there will be no charge for the extra reclaimed water. ~'~ 6. The City agrees to be responsible for one hundred percent (100%) of the electric bill for irrigation by the Golf Course pump station. 7. All personnel, permitting and maintenance costs of the Golf Course pumping and irrigation system are the responsibility of the Golf Course. 8. Utility personnel will assist the Golf Course personnel in trouble shooting the maintenance of the irrigation pumps when assistance is requested and in solving effiuent and drainage problems to the mutual benefit of both parties. 9. This agreement shall be effective for a period often years, from the date of execution. 10. At the end of this Agreement both parties shall negotiate a new agreement with the City guaranteeing the permitted quantity of effluent for Golf Course irrigation for an additional 10 (ten) years. This agreement will automatically renew for ten year periods unless notification is provided by either party thirty (30) days prior to the expiration date of the current agreement. 11. If either party should have to retain legal counsel to enforce this Agreement, the prevailing party is such dispute shall be entitled to recover its costs, including a reasonable fee for legal services rendered through appeal. Upon entering into this agreement the covenants herein contained shall bind, and advantages shall inure to the benefit ofthe respective heirs, executors, administrators, trustees and assigns of the parties hereto. IN WITNESS WHE13EOF, the parties have set their hands and seals this ~ day of ~'I ~ `/ , 19 qS CITY OF WINTER SPRINGS ~.._. ` Attest: - ,,,~,.J Attest By WINTER SPRINGS PARTNERS, LTD. By: ~ ~~ ~' ~v-~f' Daniel P. Wood, General Partner in Deutschmark Golf Properties, the General Partner in Winter Springs Partners, Ltd.