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Last modified
3/5/2021 12:27:13 PM
Creation date
10/14/2020 12:03:51 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/06/2020
Control Number
2020-216
Agenda Item Number
12.H.1.
Entity Name
Sea Oaks Property Owners Association, Inc.
Subject
Reclaimed water agreement
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COUNTY to install, maintain, operate and monitor the reclaimed water meter and reclaimed water <br />system. <br />(g) SEA OAKS shall be responsible for obtaining all construction and operating permits required <br />for the construction, delivery, use, monitoring and storage of the reclaimed water. <br />(h) After the COUNTY's final inspection of the off-site reclaimed water facilities for <br />conformance with the approved plans and specifications, SEA OAKS shall convey all the offsite facilities <br />to the COUNTY. The conveyance shall include, but not be limited to the following documents, in a form <br />acceptable to the COUNTY: <br />1) Bill of Sale <br />2) Grants of Easements <br />3) Maintenance Bond <br />4) Record Drawings (hard copy and electronic format - AutoCAD rel. 14.0) <br />Section 4. Quality of Reclaimed Water: <br />The COUNTY will provide reclaimed water meeting the standards set forth by the FDEP as <br />defined in the COUNTY's Wastewater Treatment Facility (WWTF) Operating Permits Reclaimed Water. <br />Sampling for conformance with reclaimed water quality shall be performed at the location and frequency <br />defined in the FDEP WWTF Operating Permits at no cost to SEA OAKS. Only reclaimed water meeting <br />FDEP water quality standards will be delivered to the Property.- <br />Section <br />roperty:Section 5. Property to be Served: <br />SEA OAKS shall use the reclaimed water only on the Property described in Exhibit `A', attached <br />hereto and incorporated by reference. <br />Section 6. Prohibition on Use of Other Water Resources <br />Notwithstanding anything to the contrary, within 6 months of the Phase III transition, herein SEA <br />OAKS shall no longer use groundwater for irrigation except for as a backup source of water. SEA OAKS <br />shall relinquish any rights to such use and transfer such rights to be used as credits by COUNTY as <br />permitted by law. <br />Section 7. Fees and Charges: <br />(a) Upon satisfaction of all of the requirements set forth in section 3 above, SEA OAKS shall <br />begin paying the current established base rate(s) for reclaimed water delivered to the Property up to <br />0.4308 MGD. Any additional consumption in excess of 0.5 MGD of reclaimed water supplied by <br />COUNTY shall not be charged to SEA OAKS. <br />(b) The COUNTY shall have the sole and exclusive right to set fair and reasonable fees and <br />charges for reclaimed water (usually expressed in terms of dollar amount per thousand gallons). The <br />reclaimed water fees and charges may be changed at any time at the sole discretion of the COUNTY and <br />such charges shall apply to SEA OAKS and this Agreement at the time of such change. <br />(c) SEA OAKS shall be invoiced according to the COUNTY's normal billing practices for water <br />customers. SEA OAKS shall pay interest at the rate in place at the time of any past due amounts from the <br />date the amount came due until the date paid. Written or verbal notice of delinquency is not required for <br />the interest to accrue. <br />Section 8. Volume Allocation: <br />The Previous FDEP permitted allocation of 0.21 MGD will be hereby amended so that the <br />COUNTY will attempt to allocate and Sea Oaks will receive an average daily flow of 0.0178 MGD after <br />connection for the tennis court system, 0.129 MGD after connection to the east side of Highway AIA, <br />and 0.284 MGD after connection to the west side of Highway AIA as outlined in Section 1. SEA OAKS <br />shall control the volume of reclaimed water accepted, stored and utilized by SEA OAKS on site. <br />Notwithstanding anything to the contrary, SEA OAKS is not obligated to accept reclaimed water which <br />does not meet FDEP standards. <br />Page 3 of 6 <br />MSOPOMMUGATION - Water Use\RECLAIMED WATER\Sea Oaks Reuse IRC Agreement rev 09_07_2020 FINAL.doc <br />
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