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2014-085
INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLERMONT AND THE TOWN OF MONTVERDE FOR PROVISION OF WASTEWATER SERVICES THIS AGREEMENT is entered into between the CITY OF CLERMONT, Florida (hereafter referred to as "CLERMONT"), and THE TOWN OF MONTVERDE, Florida (hereafter referred to as "MONTVERDE"), pursuant to the "Florida Interlocal Cooperation Act of 1969",section 163.01 Florida Statutes. WHEREAS, MONTVERDE operates a water utility that serves approximately 632 customers,and WHEREAS, MONTVERDE'S water utility customers presently use septic tanks as a means of wastewater removal;and WHEREAS,MONTVERDE would like to provide wastewater services and implement a wastewater system within its water utility and thereby provide means to eliminate or reduce the use of septic tanks for waste removal for a new development within MONTVERDE'S 180 Utility District;and WHEREAS,MONTVERDE recognizes the financial constraints of constructing its own wastewater treatment plant;and WHEREAS, CLERMONT operates a water and wastewater utility that serves approximately 34,000 customers;and WHEREAS,CLERMONT owns and operates a wastewater treatment plant (the"Plant") which has excess capacity sufficient to treat a certain quantity of wastewater from MONTVERDE;and WHEREAS, CLERMONT recognizes that greater utilization of the Plant's excess capacity is more cost efficient;and WHEREAS, the acceptance and treatment by CLERMONT of wastewater generated by 1 customers of MONTVERDE'S water utility in the Lake Apopka Sound subdivision will be ' financially beneficial to both CLERMONT and MONTVERDE and will be beneficial to the citizens of MONTVERDE and CLERMONT and the public at large by providing a more environmentally acceptable method of wastewater disposal than that provided by septic tanks. NOW THEREFORE,the parties do hereby agree as set forth below: 1. The recitals above are true and correct and are incorporated into this Agreement as an integral part. 2. Subject to the terms, conditions and limitations of this Agreement and available capacity at the Plant, CLERMONT shall accept up to 50,000 gallons per day of MONTVERDE'S wastewater from the Lake Apopka Sound subdivision more particularly described in Exhibit "A" attached hereto, for treatment and disposal at the Plant (the "allotment"). Notwithstanding the forgoing, nothing herein shall act as a reservation of capacity or commitment by CLERMONT to make available the allotment(or portions thereof)except for the vested allotment amounts as described in section 3, herein. The allotment (or portions thereof) shall be made available to MONTVERDE in increments or phases in accordance with the provisions set forth in Exhibit "B" attached hereto. CLERMONT'S acceptance of wastewater from MONTVERDE is subject to the wastewater being in compliance with the quality and other criteria for wastewater set forth in the Clermont City Code Chapter 66,and any and all amendments or successor provisions thereto, and as mandated by any and all applicable law and permits related to CLERMONT'S wastewater treatment system. 3. Once any portion of the allotment is in "use" as described herein, the right of MONTVERDE to transmit the quantity of wastewater justified by such use shall be deemed vested in MONTVERDE (the vested allotment amounts). Upon such vesting MONTVERDE shall be able to rely on the continued acceptance by CLERMONT of such quantity of wastewater for the duration of time that CLERMONT (or any successor) provides wastewater services to residents of CLERMONT. For purposes of this paragraph, "use"shall be deemed to occur upon the payment by MONTVERDE of the Clermont Reduced Impact Fee(as provided in paragraph 8) for a particular property. The "quantity of wastewater justified by such use" shall be the average daily wastewater flow attributed to the property making use of such partial allotment,as set forth in Chapter 4 of the E.P.A. Design Manual—Onsite Wastewater Treatment and Disposal Systems. OCT. 1980 U.S. Environmental Protection Agency, Office of Water Programs Operations,Office of Research and Development Municipal Research Laboratory. 4. MONTVERDE shall pay to CLERMONT, in the manner specified in paragraph 10 of this Agreement, the sum of $4.80 per thousand gallons of wastewater accepted by CLERMONT from MONTVERDE for treatment and disposal. This is an "Intergovernmental Wholesale Rate" which is exclusive to MONTVERDE, based on conditions that are unique and specific to MONTVERDE. The Intergovermnental Wholesale Rate shall increase on October 1 of each year during the term of this Agreement commencing October 1, 2015 by such annual automatic adjustment rate as established by CLERMONT City Council and applicable to all CLERMONT sewer utility customers. Currently the rate is 1.95%and may be adjusted by future ordinance of CLERMONT. The assent by CLERMONT to accept wastewater from MONTVERDE shall not be construed to obligate CLERMONT to accept,or consider accepting, wastewater from other sources or to provide any operational or maintenance services of any kind r related to any wastewater system constructed by MONTVERDE. In addition to the above- referenced Intergovernmental Wholesale Rate,MONTVERDE shall pay to CLERMONT a High Strength Surcharge and a Hydraulic Peaking Factor Surcharge, if and as may be applicable and as calculated in accordance with the formulas set forth in Exhibit "C", attached hereto and incorporated herein. 5. A flow meter and automatic flow recorder shall be the means of measuring the amount of wastewater transmitted by MONTVERDE to the plant. MONTVERDE shall, in Page 2 of 13 accordance with CLERMONT'S current system requirements, install,or cause to be installed(by developers or other third parties) at MONTVERDE'S expense or that of the developer, a flow meter assembly, air release valves, telemetry and associated piping (hereinafter collectively referred to as the "flow meter assembly") to transmit and record the data to CLERMONT'S computer system (SCADA). The flow meter assembly shall be constructed on Tract H, Verde Park Phase I, according to the Plat thereof recorded in Plat Book 65,Page68,Public Records of Lake County, Florida. Upon acceptance, CLERMONT will own, operate and maintain the flow meter assembly and appurtenances. CLERMONT shall have the unrestricted right at any time to access to the flow meter assembly for purposes of operating and maintaining the system. 6. MONTVERDE,shall construct or cause to be constructed(by developers or other third parties) at its sole expense or that of the developer, the sanitary sewer force main and pumping facility, as approved by CLERMONT, which may be required to transmit wastewater from MONTVERDE'S wastewater collection system to CLERMONT'S existing force main at the location shown as "Point A" on Exhibit "D" attached and incorporated herein, MONTVERDE also, at its sole expense or that of the developer, shall construct or cause to be constructed (by developers or other third parties), the collection system necessary for the collection and transmission of wastewater from individual homes in the Lake Apopka Sound project, to the force main which will in turn transmit the wastewater to CLERMONT'S existing force main. 7. The parties agree on a "Demarcation Point" as illustrated and described as "Point A" on Exhibit "D" attached and incorporated herein. MONTVERDE shall be responsible, financially and otherwise, for operation and maintenance of the wastewater system on MONTVERDE'S side of the Demarcation Point. CLERMONT shall be responsible, financially and otherwise, for operation and maintenance of the wastewater system on CLERMONT'S side of the Demarcation Point. Provided however, that to the extent that MONTVERDE'S failure to properly operate and maintain the wastewater system on MONTVERDE'S side of the Demarcation Point so as to require maintenance or to cause damage to CLERMONT'S side of the Demarcation Point, MONTVERDE shall be fully responsible for the costs associated with the maintenance and damage repairs. 8. The Parties acknowledge that capital costs for the Plant, CLERMONT'S force mains and wastewater collection system is recovered through CLERMONT'S collection from its customers of an Impact Fee (The Clermont Impact Fee). The Parties further acknowledge that customers of MONTVERDE'S wastewater system will be charged an impact fee. The Parties agree that MONTVERDE upon the initial connection of customers to its wastewater system will be responsible for payment to CLERMONT of an amount that equals the Clermont Impact Fee for a similar customer less that portion attributable to CLERMONT'S collection system (the Reduced Clermont Impact Fee). A schedule showing the amount of the Reduced Clermont Impact fee for single family residential that would be connected to the system is attached as Exhibit "E". The payment by MONTVERDE of Clermont's Reduced Impact Fee shall be no later than the date that a customer is initially connected to the wastewater system. The amount of the Clermont Impact Fee may be periodically adjusted by CLERMONT. Adjustments shall take effect ninety (90) days after formal notification of same to MONTVERDE. The Parties acknowledge that the amount, time of payment, and other aspects of the Clermont Impact Fee Page 3 of 13 shall be governed by Clermont's ordinance on that subject as it may be amended from time to time. The Parties further acknowledge that in the event that any existing customer use,connected to the wastewater system is expanded or changed so as to result in an increase impact fee pursuant to CLERMONT'S ordinance, the increase impact fee, if any, subject to the reduction described herein, shall be paid at the time MONTVERDE issues its final approval for the expansion or change of use. However, in no event shall MONTVERDE be required to pay an amount attributable to the Clermont Reduced Impact Fee in excess of the impact fee that CLERMONT imposes on its own customers less the cost attributable to the wastewater collection system. In accordance herewith, MONTVERDE shall provide to CLERMONT on a monthly basis an itemized list by owner's name, property address and work to be performed of all building permits issued in the previous month for customers connected to the wastewater system; however, building permits relevant to this monthly report are only those whose work will have an impact on the wastewater system. 9. MONTVERDE agrees to maintain and regulate the use of its wastewater collection system,to minimize infiltration and prevent harmful wastes from being deposited into its facilities, such as would overload or cause damage to the Plant or interfere with the wastewater treatment process. Lake Apopka Sound subdivision is a residential only community. MONTVERDE further agrees to the same extent as CLERMONT to require adequate pre- treatment of strong or harmftd commercial wastes,at the source of generation,prior to permitting such wastes to be discharged into its system for treatment and disposal at the Plant. As further assurance of MONTVERDE'S compliance with this paragraph, if requested, MONTVERDE agrees to provide CLERMONT with development plans of non-residential customers connecting to MONTVERDE'S wastewater system.The plans shall be provided to CLERMONT prior to the issuance of any predevelopment approval, site approval, development order, construction or building permit by MONTVERDE and as condition precedent to the connection of the non- residential customer to the wastewater system. It is expressly understood and agreed that CLERMONT shall not be required or obligated to accept any wastewater generated by an industrial use or containing industrial waste. Furthermore, CLERMONT shall have the right to reject any connection to the system or acceptance of wastewater hereunder for any use that CLERMONT reasonably determines is not in the best operational interests of CLERMONT'S wastewater system. 10. CLERMONT will invoice MONTVERDE on a monthly basis for the amount due for treatment and disposal of MONTVERDE'S wastewater. The amount to be billed shall be based upon CLERMONT'S monthly reading of the quantity of wastewater transmitted from MONTVERDE to CLERMONT as indicated by the flow meter and flow recorder referenced in paragraph 5, plus any surcharges as described in Exhibit "C" hereto. Payment will be due to CLERMONT no later than twenty days after the invoice is rendered. The capacity allotment granted herein to MONTVERDE may not be sold, sublet, transferred or assigned by MONTVERDE to any entity. CLERMONT represents that the Plant is readily susceptible to expansion and that such expansion can increase the Plant's capacity to accept additional wastewater for treatment. In the event that the capacity of the Plant becomes fully utilized prior to MONTVERDE obtaining its desired capacity, CLERMONT agrees to work with MONTVERDE in an effort to achieve an agreement for expansion of the Plant which as a minimum will be sufficient to accommodate MONTVERDE'S remaining capacity requirements. Page 4 of 13 11. MONTVERDE agrees to the extent permitted by law and without waiving its sovereign immunity, to hold harmless and defend CLERMONT, its officials, employees, contractors or agents for and from any and all'damages including attorney's fees that may arise out of,or related to,any claim or cause of action,or threat thereof,of a third party,related in any manner to a customer connection to the MONTVERDE wastewater system. 12. The Initial Term of this Agreement shall be 30 years from the effective date of this Agreement. This Agreement shall be effective,upon final adoption of an ordinance or resolution (as each may require) by both CLERMONT and MONTVERDE. The Effective Date shall be the date of final adoption by the last party. Notwithstanding the foregoing, The Vested Allotment Amounts,as provided in paragraph 3 herein.shall not be affected by expiration of this Agreement. - 13. This Agreement, may not be terminated by either party prior to its expiration, unless an amendment to the Agreement is approved by both CLERMONT and MONTVERDE, in writing, or if one party is in breach of any of the terms and conditions of this agreement and fails to correct it within thirty (30) days after written notice unless it requires more than thirty (30) days to make such corrections, and in such case the breach shall be cured within a reasonable time. Notwithstanding the foregoing, this Agreement shall automatically terminate without penalty and neither CLERMONT nor MONTVERDE will have any obligations hereunder if MONTVERDE fails to enter into an agreement with the owner/developer of the Lake Apopka Sound subdivision relating to the provision of wastewater services. 14. In the event of any dispute related to this Agreement, the parties agree to resolve the dispute consistent with the conflict resolution procedures established in Chapter 164,Florida Statutes. If there is a failure to resolve the conflict, no later than 30 days following the conclusion of the procedures established in"The Florida t3overnmental Conflict Resolution Act" Chapter 164,a party may file an action in circuit court. Venue for any cause of action to be filed hereunder shall be exclusively in Lake County Circuit Court. 15. All notices, consents, approvals, waivers, and elections that either party requests or gives under this Agreement must be in writing and shall be given only by hand delivery,or by certified mail, prepaid with confirmation of delivery requested. Notices shall be delivered or mailed to the addresses and parties set forth below or as any party may otherwise designate in writing. City,of Clermont, City Manager. 685 West Montrose Street-3rd Floor Clermont,FL 34711 Town of Montverde,Mayor P.O.Box 560008 Montverde,FL 34756 16. This Agreement is solely for the benefit of the parties hereto, and no right or Page 5 of 13 cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party. Nothing in this Agreement, either expressed or implied, is intended or shall be construed to confer upon or give any person, corporation or governmental entity other than the parties any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof, and all the provisions, representations, covenants, and conditions herein contained shall insure to the sole benefit of and shall be binding upon the parties, and their respective representatives, successors and assigns. In particular, and without limiting the generality of the foregoing, individual customers of MONTVERDE are not intended as third party beneficiaries of this Agreement, and shall have no standing to enforce this Agreement or to assert any claim against CLERMONT which arises out of or is related any way to this Agreement or the services provided by CLERMONT under this Agreement. 17. Each represents and warrants for the benefit and reliance of the other its respective authority to enter into this Agreement, and acknowledges the validity and enforceability of this Agreement. The parties hereby represent, warrant and covenant this Agreement constitutes a legal, valid and binding contract enforceable by the parties in accordance with its terms and conditions, and that the enforceability is not subject to any impairment by the applicability of any public policy or police powers. 18. This Agreement sets forth the entire understanding of the parties with regard to its subject matter. It supersedes and takes precedence over any and all prior negotiations, representations and agreements,oral or written,all of which are deemed to have merged into this Agreement and to have been extinguished except to the extent specifically set forth herein. This Agreement may not be amended orally, by implication, by course of conduct, or in any other manner whatsoever than by way of a written instrument signed by both parties hereto or their lawful successors.This Agreement shall be construed in accordance with the laws of Florida and venue for any action or proceeding arising out of this Agreement shall be in Lake County, Florida. This Agreement shall be binding on the parties hereto, as well as on their lawful successors and assigns. Each party represents for the benefit of the other that it has not entered into this Agreement in reliance on, or on the basis of, any promise, negotiation, representation, undertaking or agreement of the other party, oral or written, which is not specifically set forth within this Agreement. 19. If any portion of this Agreement is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this Agreement, the portion deemed invalid or unenforceable shall be severed here from and the remainder of this Agreement shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable. 20. This Agreement shall be recorded in the Public Records of Lake County, Florida as required by applicable Florida Statutes. IN WITNESS WHEREOF, each of the parties has caused its duly authorized representatives to set their hands to this Agreement on the dates indicated below. Page 6 of 13 THE CITY i s:, < r ' ONT,FLORIDA __.4111 ....VIIIII'. 'Alle_...or- ,...-__%.... la, • - .i ville, r.,Mayor ATTEST: Tracy Ackroyd,City Clerk APP . 1,1 . • , ; •t . I ONTENT: dr DanieTF vlantzaris,CITY ATTORNEY Witne , • ■ Print Name: t 4_L /h(-K-17 82 c S % / • 1 Print Name: '`t j �f i iNCL STATE OF FLORIDA COUNTY OF LAKE din The foregoing instrument was acknowledged before me this 8 day of 71..)1 2014, by Harold Turville, Jr., as Mayor of the City of Clermont, Florida, who execut the foregoing instrument and acknowledged before me that he executed the same for the uses and purposes therein expressed,and who is personally known to me SEAL Nota-ym." My Commission Expires: Type or Print Name I �.�,tV 1.� DANIEL F MANTZARIS 1 p '-e'er; Notary Public-State of Florida i i, My Comm Expires Jul 2,2016 =,+,f--�� ,• Commission,1 EE 196813 F o. Bonded Through National Notary Assn 0 Page 7 of 13 THE T• IN • MONTVERD FLORI roy Bennett `'ayor ATTEST Mary Gillis,Town Clerk APPROVED AS TO FORM AND CONTENT: •..A.LI41i ' .J ._ I J . ' Anita Geraci-Carver,TOWN ATTORNEY Witnesses: -1 $ ‹e1.421---) Print Nadi --Tri !2q RUQb'1I Print Name: ('lei h a urn) STATE OF FLORIDA COUNTY OF LAKE The foregoing instrument was acknowledged before me this .ti day of h 2014, by Troy Bennett, as Mayor of the Town of Montverde, Florida, who exe ted the foregoing instrument and acknowledged before me that he executed the same for the uses and purposes therein expressed,and who is personally known to me. SEAL ��aT 11L (. .4.vz49._ — -- Notary Public • " MA C.ZUCCARO Notary Public•Stale of Ftortds My Commission Expires: 1. • Type or Print Name My Comm Expires Oct 15.2017 f " t./ Commission•FF 029175 i I :' 1 Page 8 of 13 Exhibit A Legal Description of Lake Apopka Sound THAT PART OF GOVERNMENT LOTS 2 AND 3,SECTION 24,TOWNSHIP 22 SOUTH, RANGE 26 EAST,LAKE COUNTY,FLORIDA,LYING NORTH OF THE SUNSHINE STATE PARKWAY(AKA FLORIDA TURNPIKE)PER FLORIDA TURNPIKE AUTHORITY PROJECT NO.2; ALSO; THAT PART OF GOVERNMENT LOT 3,SECTION 19,TOWNSHIP 22 SOUTH,RANGE 27 EAST,ORANGE COUNTY,FLORIDA, BEING THE WEST 349.8 FEET,AS MEASURED ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 3 ALSO; THE NORTH 50 FEET OF THE SOUTH 500 FEET OF THE EAST 130 FEET LYING WEST OF THE WEST 479.8 FEET,AS MEASURED ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 3; ALSO; THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4,SECTION 19, TOWNSHIP 22 SOUTH,RANGE 27 EAST,ORANGE COUNTY,FLORIDA,BEING THE WEST 356.4 FEET,AS MEASURED ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4,LYING NORTH OF THE SUNSHINE STATE PARKWAY (AKA FLORIDA TURNPIKE)PER FLORIDA TURNPIKE AUTHORITY PROJECT NO.2; CONTAINING 70.030 ACRES,MORE OR LESS. LAKE COUNTY ACREAGE=59.773 ORANGE COUNTY ACREAGE= 10.257 Page 9 of 13 Exhibit B Allotment of 50,000 gallons per day Year 2014/2015 25,000 gallons per day Year 2015/2016 25,000 gallons per day ■ } 1 i 1 1 I i Page 10 of 13 Exhibit C High Strength Waste Surcharge and Hydraulic Peaking Factor Surcharge 1 i 1 I t 1 I I Page 11 of 13 Exhibit"C" High Strength Waste Surcharge and Hydraulic Peaking Factor Surcharge MONTVERDE shall pay to CLERMONT in addition to the Intergovernmental I Wholesale Rate the following surcharges as may become due based on the criteria and formula i set forth below: I. High Strength Waste Surcharge Criteria. A. Surcharge/or abnormal strength wastes. 1.A surcharge shall be imposed where the wastewater from MONTVERDE contains an abnormally high BOD or suspended solids concentration.The surcharge in dollars shall be computed by multiplying the average milligrams per liter(mg/L)of each constituent that exceeds three hundred . (300)mg/L minus 300 mg/L,times the metered sewage flow of MONTVERDE during the billing period in millions of gallons times a treatment surcharge factor. 2.The treatment surcharge factor shall be derived annually from the following formula(the factor of 600 being the maximum normal BOD plus suspended solids content expressed in milligrams per liter): Treatment Surcharge Factor=Intergovernmental Wholesale Rate per million gallons 600 3. CLERMONT at any time,may take samples of MONTVERDE's wastewater.Should a sample show abnormal strength,CLERMONT will take two(2)additional samples within the next succeeding ten(10)days.The average of these three(3)tests will be used to determine whether a surcharge is due for that month,and,if so,the amount thereof.MONTVERDE may request additional samples,and CLERMONT will take such additional samples and include the results thereof in calculating the average strength in the month in which taken,provided that the cost of such additional samples shall be paid for by MONTVERDE. B. Definition of Terms. 1.Surcharge-Amount of money added to MONTVERDE's monthly bill to defray the additional expense that might be created due to high strength wastewater discharge to CLERMONT's system in the billing period. 2. BOD-five-clay biochemical oxygen demand as determined in accordance with the testing procedure as defined in Standard Methods for the Examination of Water and Wastewater ("Standard Methods"), latest edition. 3.Suspended Solids-Non-dissolved solids contained in the sewage that can be removed by filtration as determined by the testing procedure as set forth in Standard Methods,latest edition. 4.Each Constituent-Defined as either BOD or Suspended Solids as far as waste strength is concerned. H. Hydraulic Peaking Factor Surcharge. A. Surcharge For each day that MONTVERDE transmits wastewater to CLERMONT's system for a consecutive four-hour period at a flow rate in excess of 200%of the Average Daily Peak Flow ("ADPF"),up to 250%of the ADPF,MONTVERDE will pay a I % surcharge on its monthly charge not including the High Strength Surcharge above. For each 5%or fraction thereof in excess of 250% for a consecutive four-hour period that the flow exceeds the Average Daily Peak Flow,OAKLAND will be billed an extra 1 %on its monthly service charge. B. Defnilions Average Daily Peak Flow(ADPF)-MONTVERDE's total flow during the four(4) consecutive months of greatest flow during the twelve(12)month period ending on the last preceding September 30th,divided by the total number of days in such four(4)month period. Average Daily Peak Flow in such four(4)month period will be based on the flow meter readings used for billing MONTVERDE. Exhibit D Point A i I 1 Page 12 of 13 f i :-.T a .ifil 1 , / -------- 11PrOPM;\-\ •\k\,\s 0, ,...----\ r\ ® \\\ (4 )\ \,, 41 p c-_, _ .,, ,. . , .... ....... ,, \ \,. ....---\\ .\ \;-\--- , \ '. \\\\,: , g . iv . - .. ,_ ,\< ® \\, ,...) \ 0 , \, , N 1,. . ..., ..,..._ . PI 3 f / / ® \ \‘...„......:,...\ ::k\- 1,- P g 3": co I/ r tis - 1-11--11-1 . 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L _� 0 p I p I S I o i —, i Ez.,,, r — 1 I, _r1 L L : ..,., p 1�� i: ;, %0 . - li 1 '..',7..;::7:':,-. , s• 191 -1,1 r- A •° H 1 -Exhibit"E" Impact Fee Schedule 11 Page 13 of 13 Table 3-8 Page 1 ol 2 City of Clermont Water and Wastewater Impact Fee Analysis Development of W.tstewatet System Imnaet Fee Line No. Description Amount Total Estimated Cost of Existing& Vistas c Wastewater Treatment&Disposal Facilities: I Cost of Existing&Future facilities II] $40.673.425 2 Additional holm%ing Costs[2] 5.237.271 3 Additional Costs Cupitalind-CIP[3] 44,863,500 4 Less Receipt of Grant Funds[4] (1.664,926) • 5 Subtotal Wastewater Treatment and Disposal Facilities $89,109,270 6 Future Plant Capacity(MGD)(AADF)[51 8.000 7 Projected Average Daily Flow(MOD)(AADF)161 2.195 8 ERC Factor-(GPO)(ADF)[7] 220.0 9 Estimated ERUs to be Served by Facilities 36.364 10 Percent Remaining Capacity of facilities 72.57% 1I Allocation of Facilities to Incremental Growth $64,665,148 12 Rate per ERC Associated with Existing&Future Facilities $2,43Q:SS0 Primary Transmission System and Pump Stations: 13 Existing Facilities[9] $9.772,633 14 Additional Costs Capitali7zd-CIP[10] 8.200.000 15 Less Receipt ol Grant Funds 14) 0 16 1 otal Primary Transmission Facility Costs $17,972.633 17 Estimated ERlis Served by Existing Facilities[I 1] 18.182 18 Estimated Future ERUs served by Collection Facilities[I I] 0 19 fatal Estimated F.RLIs served b y Collection Facilities i l l] 18,182 20 Net Rate per ERU of Primacy I ransmission Facilities $988.49 21 fatal Combined Rate per ERU Aliet Rate Adjustment $3.438.99 22 Rounded Rate per ERU $3,439.00 23 Cost Per G,dlon $15.632 MDF=Maximum Daily Flow ADI'=Average Daily Flow ERU=Equivalent Residential Unit GPO=Gallons per Day Footnotes continued an the following page. EXHIBIT E 40 „11K CITY OF CLERMONT Office of the City Clerk July 21,2014 Town of Montverde Attn: Mary Mason P O Box 560008 Montverde, FL 34756 Dear Ms. Mason: The Clermont City Council approved the Interlocal Agreement to provide wastewater services at their regular meeting held on July 8,2014. Enclosed is an original signature page for the Town of Montverde to use for recording the agreement with the Lake County Clerk of Court. Please forward a copy of the recorded agreement to the City of Clermont,Office of the City Clerk,685 W. Montrose Street,Clermont, FL 34711. Sincerely, ////) Tracy Ackroyd, MMC City Clerk PO BOX 120219 • CLERMONT, FLORIDA 34712-0219 PHONE 352/241-7330 • FAX 352/394-2379