AGREEMENT CONCERNING RECLAIMED WATER SUPPLY
AGREEMENT CONCERNING RECLAIMED WATER SUPPLY
. .
THIS ~ment Concerning Reclaimed Water Supply, made and entered into this
/!5"- day of .Jk~ , 2006, by and between CLEARWATER COUNllf CLUB
MANAGEMENT, NC., a Florida corporation, hereinafter referred to as "Facility," whose
address is 525 Betty Lane North, Clearwater, Florida 33755, and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City".
WIT N E SSE T H:
WHEREAS, Facility and City have entered into a Lease dated February 24, 1970,
an Amendment to Lease dated March 6, 1974, and Addenda to Lease dated September
24, 1980 and May 9, 2000 concerning certain premises; and,
WHEREAS, Facility is additionally a customer of City for the purpose of providing
reclaimed water service under the provisions of City of Clearwater Code of Ordinances
Chapter 32;
WHEREAS, the parties desire to enter into an agreement establishing terms and
conditions for the supply by City of reclaimed water to the leased premises, and to any
portion thereof subleased by Facility;
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties hereto mutually agree as follows:
1. City agrees to supply reclaimed water to Facility through a City Reclaimed
Water Meter for the purpose of irrigation during the pendency of its
Reclaimed Water Program. City is not responsible for any cost incurred by
Facility for the maintenance of its irrigation system. Facility shall install and
maintain a backup system in the event that City cannot supply reclaimed
water to the facility's storage ponds due to regulatory or maintenance
issues within the reclaimed water system. City shall not be held liable for
damage to any greens, landscaping, sod, mulch, or other features, due to
unforeseen events related to reclaimed water supply or distribution.
2. City agrees to notify Facility of unusual or catastrophic events concerning
reclaimed water supply or distribution of which it becomes aware.
3. At such time as reclaimed water is delivered by City through a City
Reclaimed Water Meter to any storage ponds on the premises, Facility shall
assume responsibility for said water and shall abide by all state and federal
regulations pertaining thereto, including but not limited to Florida
Administrative Code Rule 62-610. Any violation found by the State of
Florida shall be timely corrected and Facility shall comply with any followup
inspection and reporting requirements. City shall not be held responsible
for any violations found within Facility's storage facilities or ponds. Existing
or proposed lakes or ponds such as golf course ponds may be appropriate
for storage of reclaimed water and stormwater management if all
requirements of applicable regulatory agencies are completed. In the event
that such storage lakes or ponds discharge intermittently or continuously to
waters of the State of Florida, discharge permitting shall be required. The
discharge shall be subject to the requirements of the antidegradation policy
contained in Florida Administrative Code Rules 62-4.242 and 63-302.300.
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Country ClubFINAL DRAFT.doc
4.
All storage ponds should be designed to be self-contained with no
structures, which could be construed as discharge structures [weirs, catch
basins, etc.].
Facility shall be subject to Reclaimed Water Rate Structure and regulations
as found in City of Clearwater Code of Ordinances Chapter 32, Sections
32.351 et seQ., and to the schedule of fees set forth in Appendix A,
Schedule of Fees, Rates, and Charges, Section XXV(3)(f), as amended
from time to time.
. .
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first written above.
By:
In the presence of:
Its:
Counter .
CITY OF CLEARWATER, FLORIDA
By:
Wilham B. Ho ne II
City Manager (or designee)
Attest:
~'+r1 ~
~cynt a . Goudeau' .
D City Clerk
C:\Documents and Settings\laura.davis\Local Settings\Temporary Internet Files\OLK5\Reclaimed Water Supply Agreement CW
Country ClubFINAL DRAFT. doc