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HomeMy WebLinkAboutFlorida Land Company Utility Agreement -1981 07 13 . '-- AGREEM.ENT , . THIS AGREEMENT is made this 13. ;t;:i., day of 1981, between 9-~r FLORIDA LAND COMPANY (a Florida Corporation) 1560 Orange Avenue Winter Park, Florida 32790 hereinafter referred to as FLC, and BIG CYPRESS ASSOCIATES, LIMITED (a limited partnership) 333 Maguire Boulevard Orlando, Florida 32814 hereinafter referred to as "Grantor," and 'NORTH ORLANDO WATER AND SEWER CORPORATION (a Florida Corporation) 1569 Orange Avenue Winter Park, Florida 32790 hereinafter referred to as "Grantee," WHEREAS, FLC is the sole owner of Grantee, a water and sewer utili- ty company operating under Public Ser.vice Commission Certificates Num- bered 192-5 and 251-W respectively; and WHEREAS, Grantee owns and operates a wastewater treatment plant which discharges its effl~ent into two small irrigation lakes located contiguous and within the Big Cypress Golf Club in accordance with the provisions of Department of Environmental Regulation (herein- after referred to as DER) Operation Permit Number DO 59-33530 dated August 27, 1980; and WHEREAS, Grantor is the owner of said real estate known as Big Cypress Golf Club; and WHEREAS, F'LC and Grantor have previously entered into a contract dated the 26th of April, 1979 that contained, among other things, the obligation that the Grantor would make available the 8ig Cypress Golf Club (formerly Sheoah Golf Course) for the purpose of effluent dis- posal by the Grantee under the terms contained in said contract and as subsequently agreed to between Grantor and Grantee: and WHEREAS, Grantor has need for a certain supply of water for irrigation of its Big Cypress Golf Club and desires to use the effluent from the wastewater treatment plant as its source for such irrigation: and WHEREAS, Grantee desires to utilize said golf course for purposes of effluent disposal; and '",~-,~ WHEREAS, the parties wish this instrument to confirm and extend the provisions of the contract of April 26, 1979 and to delineate certain operating procedures relevant to such provisions, NOW, THEREFORE, for and in consideration of the mutual advan- tagas arising hereunder and of other good and valuable considerations, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The parties agree that Grantee, at its expense has expanded the golf course irrigation system by installing certain effluent disposal ,improvements prior to the date of this Agreement. The parties further agree that Grantee, at its cost, and on reasonable notice to Grantor may make additional effluent disposal improvements to said golf course, provided that (a) such improvements are required by DER or any other governmental agency having jurisdiction, (b) such improvements do not, after they are constructed, diminish the playability of the golf course unreasonably, lc) such construction is accomplished in an expeditious manner ...lith the least possible disrUfJt:l.on to the ongoing operations of the golf cours~ Id) every effort will be made to schedule such construc- tioD during the slow SUlluner season and not during the peak winter season, Ie) the golf course will be returned to its original condition after such construction, and If) such construction shall have the prior approval of the Grantor, which approval shall not be unreasonably withheld. Grantor agrees that Grantee shall haVe no liability to Grantor or its assigns for disruption of play on the golf course or loss of revenues occasioned thereby for any activity which it may undertake on the golf course in accordance with this paragraph. 2. With regard to all effluent disposal improvements placed on the ':Iolf course, the sum of which constitutes the irrigation system, the cOst for operating such improvements shall be shared equally by Grantor and Grantee. Grantor will pay such expenses when incurred, and Grantee shall reimburse its fifty percent (50\) of said expense within thirty {30} days after receipt and approval of appropriate invoices submitted by Grantor to Grantee, which invoices will accurately I reflect and detail the expenses incurred. Invoices from Grantor will be submitted no later than sixty (60) days after labor or expenses have been incurred except as provided in Paragraph 3. 2 '-- For purposes of this Paragraph 2, operating expenses for ~peration of the irrigation system shall be deemed to consist of the following: a. Power bill for operation of the irrigation system. b. Services and materials purchased for maintenance of the irrigation system. Direct 1_r associated with the operation and maintenance l if. of the irrigation system. O{lc-jC4' d. Any treatment of the golf course, lake banks and lakes for wate'~ quality that has resulted from excessive nutrient and/or salt build-up due to the irrigation of the golf course with waste- water effluent. 'I'his includes labor and materials. p Periodic testing of the golf course and lake water as mutu.~ly determined by the Grantor and Grantee. Sharing the cost of operatinq the irrigation system as set forth in the preceeding Paragraph 2 shall be retroactive effective November 1, 1980. Reimbursement by Graptee will be made. for expenses which have been incurred by Grantor between November 1, 1990 and the date of this A.greement aft.er submittal by the Grantor and approval by Grantee of an inVOlGe for. the operating costs which must occur within forty five (4~~1. days of the date of execution of the Agreement. dVf(\ for record '- J V) 4. Grantor agrees to allow the filing/of this Agreement and any l other record restrictions which state the Grantor's and Grantee's rights and duties with respect to the golf course. 5. The covenants herein contained shall bind, and the benefits and advantages shall inure to the b~r.ciit of the respecitve heirs, executors, administrators and assigns of the parties hereto. 3 IN WITNESS WHEREOF, the parties have set their hands and seals this /3 zA- day of 9-"'7/ , 1981. Signed, Sealed and delivered in the Presence of: ,", ~// /'// -/f;f/- - ---t..-(. _.,...t.f~1(~_ ...{"':'-1(.L//;".-~ ..~- /' // //' ;1:(/ - / --;/ / / / "'_'{.-"~ t:..."t,.-,c ~- ~ ~,)J.. . .,j ..-;, ---"'- .~ ' ("1<'" J..()/~ - -- m 1~? .7- hu..'~11- '} df;' . . ~. ~(.2LH~d - ,;' " ",U.-JA!5,J {/ ,,1 ~.~~ Jr..Aut~<'l'l~(I;~< _'" ~7F1"'<T Iff #~~J '-/ ASSOCIATES, LIMITED Attest: F~RIOA LAND COMPANY \. ': ': ,,\ ( > I : ~ " ""., ..", (~ ~tl ,;; Attest: GRANTEE ""<<111'1 , \ 1 t t ';tt'_Jf/> ~,:"L '., '.,' I (.~~/. ,SEWER coap--,\., . t '.. ~ (, ~ r ~ / ,.: \. j l NORTH ORLANPO WATER AND By: Attest: 4