AGREEMENT CONCERNING RECLAIMED WATER SUPPLY
AGREEMENT CONCERNING RECLAIMED WATER SUPPLY
THIS Agreement Concerning Reclaimed Water Supply, made and entered into
this /bfi- day of i1it7~~ , 2006, by and between COUNTRYSIDE COUNTRY
CLUB, INC., a Florid corporation, hereinafter referred to as "Facility," whose address is
3001 Countryside Boulevard, Clearwater, Florida 33519, 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 an Effluent Agreement and Utility
Easement concerning certain premises; and this document supercedes any previous
agreements,
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 said premises, and to any portion
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. The Facility has to apply for and maintain all NPDES permits
that may be applicable to their storage pond. The facility shall notify the
City of any overflow event and the duration of the overflow event from their
storage pond. 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. All storage ponds
should be designed to be self-contained with no structures which could be
construed as discharge structures [weirs, catch basins, etc.]
4. 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 fel~s 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.
In the presence of:
~~a_~~
~~l,~~
COUNTRYSIDE COUNTRY CLUB, INC.
BY:Vf~. ;;:;z;L
VI ~Ct-c.k. \. L"'f>to.n
Its: President
Willi m B. Horne II
City Manager (or desi
CITY OF CLEAFlWATER, FLORIDA
Counter
By:
r
Leslie K. Dougall-Si e
Assistant City Attorn
Attest:
. ). ,/12 ~
/JrrI Cynth . Goudeau / ~
1) . City Clerk
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CC.doc