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Home My WebLink About2009 03 23 Consent 208 Disposal Easement Agreement with Tuscawilla Country ClubCOMMISSION AGENDA ITEM 208 March 23, 2009 Regular Meeting REQUEST: Utility Department Addendum to the Country Club Consent X Informational Public Hearing Regular e~% Mgr. / Dept. Authorization Requesting the City Commission Execute the Third Effluent Disposal Easement Agreement with Tuscawilla PURPOSE: This agenda item is needed for the Commission to consider extending the previous conditions of the First and Second Addendums to the Effluent Disposal Easement Agreement under which the City would provide reclaimed water to the Tuscawilla Country Club for six months at no cost. CONSIDERATIONS: This agenda item is needed to provide a 3rd extension for six months to the reclaimed water agreement with the Tuscawilla Golf Course. The previously approved Second Addendum expires April 1, 2009. The terms and conditions of the First Addendum 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 was initiated in March, 2008 with PRMG, Inc. which included developing reclaimed water rates for the golf courses. The costs for the Lake Jesup alternative water site plans scenarios selected by the Commission on January 26, 2009 have been provided to PRMG to incorporate into the rate model. Staff will be meeting with PFM the week of 3/16 to review capital funding alternatives. Staff anticipates scheduling a utility rate workshop with the City Commission in the next 60 days to discuss options with the water, sewer and reclaimed water rates. 032309_COMM_Consent_208_Tuscaweilla_ Golf Course_Reclaimed_Water_Ageement_3rd Addendum March 23, 2009 Consent Agenda Item 208 Page 2 RECOMMENDATIONS: It is recommended that the City Commission approve the Third Addendum to the Effluent Disposal Agreement which extends the terms of the First Addendum for an additional six months to October I, 2009 subject to modification by the City Attorney. ATTACHMENTS: 1. Proposed Third Addendum 2. First Addendum COMMISSION ACTION: 032309_COMM_Consent_208_Tuscawilla_Golf Course_Reclaimed_Water_Agreement_3rd_Addendum THIRD ADDENDUM TO EFFLUENT DISPOSAL EASEMENT AGREEMENT THIS THIRD ADDENDUM to the Effluent Disposal Agreement ("Third Addendum") is made this day of March 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 desire to extend the term of the Effluent Disposal Easement Agreement, as amended by the First and Second Addendums, to October 1, 2009; 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: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference as a material part of this Second Addendum. 2.0 Term. The term of the Effluent Disposal Easement Agreement is extended until October 1, 2009, subject to the modifications contained in Section 1.0 of the First Addendum. 3.0 All Other Terms and Conditions. All other terms and conditions of the Effluent Disposal Easement Agreement, and First and Second Addendums, not expressly modified herein, shall remain in full effect and shall be enforceable as provided therein. 4.0 Effective Date. The effective date of this Third 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 Third Addendum to the Effluent Disposal Easement Agreement on this day of March, 2009. CITY: CITY OF WINTER SPRINGS, FLORIDA By: Date: Kevin L. Smith, City Manager WINTER SPRINGS GOLF, LLC By: Print Name: Title: Date: 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 O ... __rS RECITALS: 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 tern~inates 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 NOVV, 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 imgation 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 maybe 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 exe uted this First Addendum to the Effluent Disposal Easement Agreement on this ~ day of i'G~+~ , 2007. CITY: CITY OF WINTER SPRINGS, FLORIDA By: w m Ronald W. McLemore, City Manager Date: J 0 -J ~ - 1~ WI GOLF, LLC By P t Name: (` r Y Title: Date: ~o-~e,~o7 First Addendum to EFFLUENT DISPOSAL EASEMENT AGREEMENT Ciry of Winter Springs -React Land, LLC/ Winter Springs Golf, LLC Page 2 of 2 THIRD ADDENDUM TO EFFLUENT DISPOSAL EASEMENT AGREEMENT THIS THIRD ADDENDUM to the Effluent Disposal Agreement ("Third Addendum") is made this 3151 day of March 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 desire to extend the term of the Effluent Disposal Easement Agreement, as amended by the First and Second Addendums, to October 1, 2009; 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: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference as a material part of this Second Addendum. 2.0 Term. The term of the Effluent Disposal Easement Agreement is extended until October 1, 2009, subject to the modifications contained in Section 1.0 of the First Addendum. 3.0 All Other Terms and Conditions. All other terms and conditions of the Effluent Disposal Easement Agreement, and First and Second Addendums, not expressly modified herein, shall remain in full effect and shall be enforceable as provided therein. 4.0 Effective Date. The effective date of this Third 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 Third Addendum to the Effluent Disposal Easement Agreement on this 31st day of March, 2009. CITY: CITY OF W1fNTER SPRING FLORIDA By: Kevin L. S ith, City Manager Date: ?t 3 {a 2 WINTER SPRINGS GOLF, LLC By: Print Name: y?P.s.J C l? i? Title: MtVAJO? Date: 4r ?I