RECLAIMED WATER SERVICE AGREEMENTRECLAIMED WATER SERVICE AGREEMENT
THIS RECLAIMED WATER SERVICE AGREEMENT is made on
1995,,: by and among SYLVAN ABBEY MEMORIAL PARK, INC.,
a Florida corporation ("Sylvan Abbey"), CLEARWATER LAND COMPANY, a
Florida corporation ("Clearwater Land"), and the CITY OF CLEARWATER, a
Florida municipal corporation (the "City').
WITNESSETH:
WHEREAS, Sylvan Abbey is the owner of that certain real property
located in Pinellas County, Florida, more particularly described on Exhibit "A"
attached hereto and made a part hereof ("Sylvan Abbey Property"); and
WHEREAS, Clearwater Land is the ground lessee of that certain real
property located in Pinellas County, Florida, more particularly described on
Exhibit "B" attached hereto and made a part hereof ("Clearwater Land
Property"); and
WHEREAS, the City currently operates an advanced wastewater
treatment facility which pumps effluent through a 30" pipeline ("Effluent
Pipeline") located within the right-of-way for McMullen Booth Road; and
WHEREAS, Sylvan Abbey and Clearwater Land wish to construct certain
reclaimed water transmission facilities connected to the Effluent Pipeline for
reclaimed water service to the Sylvan Abbey Property and the Clearwater Land
Property.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and undertakings contained herein, the parties hereto covenant and agree for
themselves, their successors and assigns, as follows:
1. Recitals. The foregoing recitals are true and correct and are
hereby incorporated fully in this Agreement.
2. Reclaimed Water Service.
a. It is the intent of the parties hereto to establish Sylvan
Abbey and Clearwater Land as reclaimed water customers of the City. In
furtherance thereof, Sylvan Abbey and Clearwater Land agree to construct the
following project facilities: a 550,000 gpd booster pump station; an 8" diameter
transmission pipeline within the Union Street right-of-way to a storage pond
("Storage Pond"); an irrigation pump station; and an 8" diameter transmission
pipeline to connect the existing irrigation systems located on the Sylvan Abbey
Property and the Clearwater Land Property with the Storage Pond. The booster
pump station shall be located within the right-of-way at the intersection of Union
Street and McMullen Booth Road and shall boost the pressure from the Effluent
Pipeline. The 8" diameter transmission pipeline (approximately 2,500') shall
deliver the reclaimed water to the Storage Pond which shall be located on the
northeast corner of the Sylvan Abbey Property. The irrigation pump station shall
be located adjacent to the Storage Pond and reclaimed water shall be conveyed
from the irrigation pump station through another 8" diameter transmission
pipeline (approximately 3,000') to connect the existing irrigation pipeline systems
on the Sylvan Abbey Property and the Clearwater Land Property with the
Storage Pond. The City shall use its best efforts to supply Sylvan Abbey and
Clearwater Land with adequate reclaimed water for irrigation. The quality of the
reclaimed water supplied by the City shall be consistent with the minimum
required reuse standards established by the Florida Department of
Environmental Protection ("FDEP"). If the reclaimed water quality ever falls
below such standards, the City shall immediately notify each of the parties of
such deviation, shall publish notice of such deviation in accordance with FDEP
requirements, and shall re-notify each party immediately upon return to such
water quality standards. Sylvan Abbey and Clearwater Land shall each pay
directly to the City the normal applicable irrigation rate for the reclaimed water
service, but shall have no obligation to purchase any reclaimed water which falls
below FDEP reuse standards. The parties shall also be entitled to install meters
to separately measure each party's use of the reclaimed water service. The
project facilities shall be generally located as shown on Exhibit "C" attached
hereto and made a part hereof. (All of the foregoing facilities are hereinafter
collectively referred to as the "Project)
b. In consideration of the capital investment of Sylvan Abbey and Clearwater
Land to design and construct the connection to the City's reclaimed water
system, the City agrees to use its best efforts to provide Sylvan Abbey and
Clearwater Land with the reclaimed water supply for which the connection was
designed, and to assign Sylvan Abbey and Clearwater Land the same rate
structure customer classification currently encompassing golf courses and
should the City, in the future, establish an additional rate classification which
recognizes a distinction between customers who paid for the capital cost of
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establishing the system extensions serving them and those who did not, and
should such a rate distinction benefit Sylvan Abbey and Clearwater Land, such a
customer classification shall be assigned. This section shall not in any way
require the City to establish any form of rate distinction.
C. The parties agree that the Project design shall be
commenced no later than May 1, 1995; the Project permitting shall commence
no later than June 1, 1995; and the Project design and permitting shall be
completed on or before September 1, 1995. The construction of the Project
shall commence on or before October 1, 1995, and shall be completed on or
before March 1, 1996.
d. The total estimated costs of the Project (excluding land and
legal costs) are Three Hundred Sixty-Seven Thousand Five Hundred and 00/100
Dollars ($367,500.00). The City, Sylvan Abbey and Clearwater Land shall jointly
approve and submit a grant application to the Southwest Florida Water
Management District ("SWFWMD") for the costs of construction of the Project.
Sylvan Abbey shall be identified as the entity to receive the SWFWMD funding
and shall pay for all Project costs not covered by the SWFWMD grant provided
that they do not exceed One Hundred Eighty-Five Thousand and 00/100 Dollars
($185,000.00). In the event the Project costs not covered by the SWFWMD
grant exceed One Hundred Eighty-Five Thousand and 00/100 Dollars
($185,000.00), Sylvan Abbey, at its option, may elect to pay such excess or
terminate this Agreement and cancel the Project by delivering written notice of
such intention to the other parties to this Agreement at the addresses shown
below.
e. The Project facilities located within rights-of-way between
McMullen-Booth Road and the Storage Pond shall be operated, maintained, and
repaired at the expense of the City after such facilities are constructed by Sylvan
Abbey and Clearwater Land and ownership of said facilities is transferred to and
accepted by the City. The design, construction and installation of such facilities
shall be subject to approval of the City, which shall not be unreasonably
withheld.
f. The City shall have the option, by delivering written notice to
the other parties hereto, to increase the size of the booster pump station and
transmission pipeline within the right-of-way for Union Street to provide service
to other properties in the vicinity of the Sylvan Abbey Property and the
Clearwater Land Property provided the City pays the incremental increase in the
total construction costs for the pump station and transmission pipeline and such
construction is completed pursuant to existing City procurement requirements.
3
g. The City shall cooperate in order to assist Sylvan Abbey and
Clearwater Land in obtaining a right-of-way utilization permit from Pinellas
County for construction of the Project facilities to be located within the Union
Street right-of-way and possible easement for the booster pump station on
Pinellas County drainage property on the south side of Union Street.
h. The City shall use its best efforts to add Sylvan Abbey and
Clearwater Land as reuse customers to the City's urban reuse permit ("Permit")
issued by the FDEP. The parties hereby agree that cross connection control,
reuse ordinance, and operating and permit conditions specific to existing City
Ordinances will be enforced by the City. In the event the City is unable to add
Sylvan Abbey and Clearwater Land to the Permit on or before November 1,
1995, Sylvan Abbey and Clearwater Land shall have the right to terminate this
Agreement or to apply for separate FDEP permitting.
i. In the event either Sylvan Abbey or Clearwater Land wishes
to terminate its service, fails to pay the City for its service, or otherwise
breaches the terms hereof, such termination, failure or breach shall not impair
or prejudice the rights of the other party hereto, which party may continue its
service hereunder provided that such party continues to fulfill its prorated
payment obligations to the City.
. j. City reserves the right to alter, suspend or terminate the
supply of reuse water or the Reuse Water Utility at any time. No
reimbursement of costs to Sylvan Abbey, or Clearwater Land will be made for
discontinuance of service.
3. Easements.
a. Sylvan Abbey hereby grants to Clearwater Land a perpetual,
nonexclusive easement for the purposes of pumping and transmitting reclaimed
water from the Storage Pond. Sylvan Abbey further grants to Clearwater Land,
a nonexclusive easement over, across, under, through and onto the Sylvan
Abbey Property for the purposes of construction, installation and maintenance
by Clearwater Land of the transmission pipeline connecting the Storage Pond
to the Clearwater Land Property.
b. Sylvan Abbey and Clearwater Land shall have the full right of
ingress and egress over, across, under through and onto such portions of the
Clearwater Land Property and the Sylvan Abbey Property, respectively, as are
necessary to construct, install, repair, maintain or replace all or portions of the
4
Project facilities so long as neither Sylvan Abbey nor Clearwater Land
unreasonably interferes with each owner's use of the Clearwater Land Property
and the Sylvan Abbey Property, respectively. In the event either Sylvan Abbey
or Clearwater Land disturbs the use of the Clearwater Land Property and the
Sylvan Abbey Property, respectively, then the disturbing party shall restore the
other party's use of the Clearwater Land Property or the Sylvan Abbey
Property, respectively, whenever and where ever disturbed by it, to its
condition immediately prior to the-time of such disturbance.
4. Miscellaneous. All easements and rights granted hereunder shall be
perpetual. All easements granted hereby and the agreements herein contained
shall be easements and covenants running with the land and shall inure to the
benefit of, and be binding upon, the parties hereto and their respective heirs,
successors and assigns, including without limitation, all subsequent owners of
all or any part of the Sylvan Abbey Property, the Clearwater Land Property, and
all persons claiming by, through or under them in proportion to their respective
ownership interests. In the event of an assignment of this Agreement or of a
succession in ownership to the interests of Sylvan Abbey or Clearwater Land,
such assignment or succession shall operate to release the assignor of its
liabilities and obligations arising hereunder at the time of such assignment or
succession. This Agreement shall be governed and enforced in accordance with
the laws of the State of Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the day and year first above written.
WITNESSES: SYLVAN ABBEY MEMORIAL PARK
INC., a Florida corporation
Signature
Print Name
Signature
Print Name
By:
As:
Address:
2860 Sunset Point Road
Clearwater, FL. 34619
5
CLEARWATER LAND COMPANY,
a Florida corporation
Signature
Print name
Signature
Print name
Countersigned:
Pta arve y
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Pamela K. Aki
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
By:
R. Kelley Johnson
President
Address:
18167 U.S. Hwy. 19 No. #600
Clearwater, FL 34624
CITY OF CLEARWATER,
a Florida municipal corporation
By:
Eli eth M. eptula
City Manager
Attest:
Cy t is E. Goudew
City lark
Address:
P.O. Box 4748-34618
Clearwater, FL 34618
Attention: City Manager
The foregoing instrument was acknowledged before me this day of
1995, by as
of SYLVAN ABBEY MEMORIAL PARK, INC., a Florida
I,*, :- -
6
corporation, on behalf of the corporation. [He] [She] [is personal) known to me]
[has produced as identification
Notary Public
Print name:-
My commission expires:
STATE OF FLORIDA
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
, 1995 by R. KELLEY JOHNSON, as President of CLEARWATER
LAND COMPANY, a Florida corporation, on behalf of the corporation. He is
personally known to me.
Notary Public
Print name:-
My commission expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
1995, by ELIZABETH M. DEPTULA and CYNTHIA E.
GOUDEAU, as City Manager and City Clerk, respectively, of the CITY OF
CLEARWATER, a Florida municipal corporation, om ]ehalf[of the corporation.
[They are personally Known as identification].
Notary Public
Print name:-
My commission expires:
7
CONSENT AND JOINDER
REGENCY LAND, a Florida general partnership, as owner and ground
lessor of the Clearwater Land Property, consents to the terms hereof and joins in
the easements granted hereunder.
REGENCY LAND, a Florida
general partnership
Signature
Print name
Signature
Print name
By:
Address:
Donald W. Johnson
Managing Partner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
1995, by DONALD W. JOHNSON, as Managing Partner of
REGENCY LAND, a Florida general partnership, on behalf of the partnership.
He is personally known to me.
Notary Public
Print name:-
03/23/95 d-11
19056.00839
[#0065846.011
My commission expires:
8
EXHIBIT '.'A"
I?gal DescripCion
ALSO M5CMEED AS -
,r
.C0(7NGNG AT Trf N)RY11 1/4 COEi"M OF %CTION 5, TO)MSNIP•.29' - - -
$f pl. RANGY 16 EAST, RUN S 00'1734" V ALCNG Th NO"'
50iTM CENTUkK CF' SECTON 5 3:3.00 FEET. TroCE 5 89'52'49" F-
3,100 FEET TO TFf POINT CF 0EGINNING: TI-tt^NCir CONTNLE Ttf Cr
5 Scr52'49" E ALONG THE WiTh RICnT. Cr-VAT UNE CF UN04 STREET
(OCCUMD) 1301.38 W TO TM EAST UNE CF TrC NV 1/4 OF NE •
1/4; T1134CF CONTftX ,aI.ONG SAID SaM RICt1T-CF-.VAY LJK 5 WS2'49" E
166.80 FEET TO T}f CAST Uhf' OF .? VMT 1/4 CF -TIM , NV 1/4 OF NE 1/4
Cr' TM NE 1/4; TTfNCF 5 00'Og49" V kONG SAD EA5T LINE CF lvf5T 1/4
63573 FEET; 1t10NCC M 88'46"03" v ALONG Tt'E 50JT11 Url-r Cr SAD %,CST 1/4.
166.98 nMT TO Thf EAST LJIC or T!-f N/V 1/4 CF ThE N/C 1/4: TrIENCE
$ 00'09'47" V ALONG SAID EAST Lkf 1656.02 FEET TO Tlrf NCRTri MGt1T-
CF- VAY ff CRM50 PER 0-R. 1268 PACE 599. ftOAAS COUNTY, no.
rre NCIn N 89'44'44' V ALONG SAO NORTH M(.MT- OF-- VAY 12%.513 FAT;
Trie NC;,E N 44'42'37" V ALQNG T)-f 'MGHT Cf'-• VAY UNE F"fR O.R.1697,
PACE 84, PiNELLA5 COUNTY, FLOIi 14.15 Mt TO PlE EAST RI(IHT-'CIF- VAY
Uhf a' SOULY ROAD (Chplg3); mfNCr N 40'1734" E ALONG SAID EAST
MGhT--CF-VAT UK 2275.84 FAT fO " POST CF EEGNMNG
AND
U1rt,04CNG' AT ThE CENTER OF SECTION 5. 'T;)"MWC 2g 50JTt1,
RANCC 16 EAST; RUN 3 814314" F. 40*JG EAST NE5T CCNTERUNE
OF SAD 5ECTICN 56 480.78 FMT; Tr%NCE N 00'1616" E ALONC4
ThE EAST BC NDARY OF Tt'E F'EWERTY CESCR'OED IF+ O.R 2037! PACE 232.
MNtLLAS C0.14TY, FLCRiDA 251.85 T11:TT TO im 5dJT11 MGMT-Cr- VAY UNE OF
CR M50 PER mm BOO' 1269, PAGE 5". PAS COUNTY. FLOVAi. .. _.ThE C,f 5 8440'44" C ALONG 5AD $C)JTi RIG-1T-OF•-vAY LINE 82897
FEET TO TIf. vE5T RdGMT-OF-VAY LINE C)F CR 0193 PER 0OA13n GF CCUtgTY"CCy"? S90N
aaaK a PAGE 34-4 P1`E1..LAS ('UNTY, tT.ORDN; TtfNCF S 00'09'47' V
ALONG SAD VEST F4WT-OF- VAY -.-K 25126 FUT TO THC EAST SST CDNTUU\lf CF
5ECTION 5q T-04CE 9 0011733" v ALONG 15A47 '*,CST MCt1T-CF-VAY LK 697.17
FEET; T"24CE S 84'41'54" E ALONG TYKE 5OUTh MWT-CF-VAY LM OF CR Nlg3
30.00 FE>rT; THENCE 5 00'1733" v- ALONG Rf - EAST LINE OF ME t V 1/4 OF
R'tE 5E1/4 Ot 5AID SECTION 5, '637.19 FtrT TO TYPE SOU, UW- OF Thf NV 1/4
Cr TM SE 1/4: VMCrr N 8T40132" V-?tONG SAID sLLTh DINE. 1340.34 FEET TO
Thf NORM WiTh CETITERUNE ? FMT fC."O 5; Ttf- ACT N ??? XONG
SAID NCR, a0U- r1 CE N
C0NTAM4G 116 ACRES MORE CR.LESS.
SL,BECT TO 111E rCLLO\AhC 'RIGHT -?Cf-- VAY!L
CJtai93- A 60' RIGt1T-CF- VAY CASEMT (NCRTh CF CRH50) PfR
FLOnM E PARTT"T CIF TRM5PCR1AT10N R/\/ MAP SECTION 15501-2601
CRMM A 60' fOCW-CF-VAY .(SOU, OF CRN50) 'fR B.O.C. 8, PACE 341
CRM 50 PtR O.R. 1697. PACE 84, PINCLLAS C"-"TT, FLORDA.
CRM50 MANGLE RIGHT-CF- VA` S M O.R. .697, PACE 84, .PMI:LA5
COUNTY, FLORDA_
1, 1
FDailBIT "B"
Legal Descript=ion
. REGENCY OAKS (OVERALL PROPERTY)
Being a portion of the Northeast 1/4 of the Northwest 1/4 of Sentiart 5, Township 29
South. Range 15 Ea,t, Pinellas County, Florida and being more particularly described as
follows:
COMMENCE at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said
Section 5, thence N.$9°39'20°W., along the South line of the Northeast 1/4 of the
Northwest 114 of said Section 5, for 33.00 feet to the POINT OF BEGINNING; thence
continue N.89039'20"W_, along said South line and along the Northerly boundary lines of
ROSINWOOD SUBDIVISION, ROBINWOOD'SU13DIVISION FIRST ADDITION and THE
ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38 and Plat Book 95,
page 90, respectively, of the Public Records of Pinellas County, Florida. for 1311.05 feet
to the Northwest corner of aforesaid plat of THE ELKS, thence N•001048'56-E., along the
West line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 1336.20 feet to
the Southwest corner of the plat of LAKE CHAUTAUQUA ESTATES, as reed in Plat
Book 90, page 22 of the Public Records of Pinellas County, Florida, thence
S.89042'36'5_, along the Noah tine of the Northeast 1 /4 of the Northwest 114 of said
Section 5 (being the basis of bearings of this descnption), same also being the South
boundary line of aforesaid LAKE CHAUTAUQUA ES I ATES, for 630.00 feet to the point
of intersection with the Westerly right-of-way line of 2ND STREET EAST; thence
S.00002'32"W.. along said Westerly right-of-way line, for 30.00 feet: thence
S.8904216'E.. along a line 30.00 feet South of and parallel to the North line of the
Northeast 1/4 of the Northwest 1/4 of said Section 5, for 670.63 feet; thence
5.00022'34"W., along a line 33.00 feet West of and parallel to the East line of the
Northeast 1/4 of the Northwest 1/4 of said Section 5, for 1307.39 feet to the POINT OF
BEGINNING and containing 39.61 acres, more or less.
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= -7-? OLD TAMPA SAY
PROJECT LOCATION FIGURE 1