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2003-23~~ ~~' k .~ ~ rr .:tf.is'. ~v1Cti1t-i } L ,3 r1?I ~_ c: ~ t ~l THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Hal H. Kantor, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 AGREEMENT FOR RECORDING DEPARTMENT USE ONLY i iii it iu ii m ii iii ii iii ~i i~~,~,n a~ iu ~~ ur ~i m ii iii ~ u~i CFN 2005177679 Bk 03003 Pgs GEf63 DATE: 11/10/2005 JAMES C. WATKINS, LAY,E CC!UNTY ~ELn~llt4~3 FEES 1~i6.q! - E179; (17pgs? 11:49:56 AM CLERK OF (:OURT THIS AGREEMENT (the "Agreement") is made and entered into this ~ day of 2003 by and between the CITY OF CLERMONT, FLORIDA, a Florida unicip corporation (the "City"), whose address is One Westgate Plaza, Clermont, Florida 34711, and LENNAR LAND PARTNERS, L.L.C., a Florida limited liability corporation, ("Lennar"), whose mailing address is 151 Wymore Road, Suite 4000, Altamonte Springs, Florida 32714. RECITALS: A. Lennar is the developer of the "King's Ridge" residential community located in the City and more particularly depicted on Exhibit "A" attached hereto and made a part hereof by this reference (the "Project"). B. Lennar and the City previously entered into that certain Annexation Agreement dated May 9, 1995 (the "Annexation Agreement"), whereby, among other things, the City agreed (i) to provide reuse water (defined as water from various sources suitable for irrigation) when available to the homes and common areas throughout the Project at a monthly flat rate per home, which charge was contemplated to be included in the City's monthly utility bills provided to individual homeowners, and (ii) to provide reuse water when available to the golf course which would be metered and billed to Lennar. C. Since April 30, 1999, the City has not been providing reuse water and irrigation services to the King's Ridge Project, but the City is and has been collecting a monthly charge therefor from individual homeowners within the Project. D. Lennar is currently providing irrigation water directly to homeowners from the existing on-site pond, pumping facilities and the irrigation delivery system located within the Project (the "Reuse Water System") and Lennar is currently operating and maintaining such Reuse Water System. 662072v2 7/9/2003 '~ -1- E. The City and Lennar have determined that the City will now provide reuse water to recharge the pond within the Project, and said reuse water will be re-pumped to provide irrigation water to individual homeowners, common areas and the golf course within the Project in the manner set forth hereafter. F. The City and Lennar agree that Lennar is entitled to reimbursement from the City for the time period for which Lennar has been operating the Reuse Water System. G. The City and Lennar desire to set forth certain terms, conditions and agreements between the parties as to the provision of reuse water to the Project and reimbursement therefor. NOW THEREFORE, for and in consideration of the above premises, the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: AGREEMENT 1. Recitals. The above recitals are true and correct and are hereby incorporated as material provisions of this Agreement by this reference. 2. Reimbursement of Lennar for Past Reuse Water Service. Within thirty (30) days after the Effective Date of this Agreement (as hereinafter defined), the City shall pay to Lennar all amounts collected by the City from homeowners within the Project from April 30, 1999 through the date upon which the City commences provision of imgation water to King's Ridge less previous sewer impact fee of $44,593 provided to Lennar for the reuse system. 3. Provision of Reuse Water Service for King's Ridge: The City and Lennar agree that the City shall commence to: (i) provide reuse water to the reuse pond and (ii) maintain the reuse line from the STP to the pond at Hole #7. The City shall provide reuse water produced by the City's East wastewater treatment plant or such other sources available to the City up to a maximum of (6) million gallons of reuse water per day. The City shall bill Lennar for such reuse water. Lennar shall pump reuse water from the pond, together with supplementary water provided by Lennar pursuant to its Consumptive Use Permit, to the golf course, residents, common areas and commercial and municipal sites unless otherwise transferred per paragraph 5. Lennar shall maintain the Reuse Water System; (pond, distribution lines, irrigation lines (over 4" in size) and appurtenances), unless a transfer is made per paragraph 5. Lennar shall guarantee the homeowners flow from the reuse pond for irrigation of the homes and common areas in accordance with the terms of the consumptive use permit issued by the St. John's River Water Management property, as maybe amended from time to time, a copy of which current permit is attached hereto as Exhibit "B" and made a part hereof. The water allocation shall be in accordance with the rules and regulations of the St. Johns River Water Management District. 4. Fees and Charges. The City shall invoice Lennar for the reuse water at those rates and charges imposed on other users within the City as said charges may be amended from time to time. City will no longer charge individual homeowners a fee for reuse water. As stated in paragraph 3 above, Lennar will provide supplementary ground water in addition to the reuse water (the need for which is increased as a result of water loss due to evaporation from the 6620'72v2 7/9/2003 -2- pond). The City recognizes that Lennar will also incur costs associated with electricity, pump and maintenance, and administration for providing such service. Consequently, Lennar shall remit to the Kings Ridge Community Association (the "Association") a bill which shall be calculated by using the rates per 1,000 gallon charged by the City for all water (reuse and supplemental) pumped from the pond into the residential system plus up to 15%. The parties acknowledge that Reuse Water System also provides irrigation water to a commercial tract and to a municipal site used as a fire station, each of which are separately metered. The Association shall commence charging such users for the irrigation water at rates established by the City plus up to 15%. If the City ceases charging Lennar for such reuse water, (or charges only a minimal sum) then the applicable rate shall not be less than the bulk rate initially established by the City for reuse water and not more than the established bulk rate plus 15%. In terms of the amount of water to be pumped, in no event shall Lennar's obligations for supplemental water result in Lennar utilizing more gallons per month than is permitted with respect to the Consumptive Use Permit. 5. Transfer of Facilities. Lennar agrees to transfer ownership to the Association at no cost and deal in good faith with maintenance issues of the pump station and distribution system, irrigation lines and appurtenances that service the common areas and individual home sites in Kings Ridge at such time as the control of the Association is "turned over" from the Developer to the residents of the community as set forth in the governing documents applicable to the Association. 6. Severability. If any provision of this Agreement, the deletion of which would not adversely affect the receipt of any material benefits by any party hereunder or substantially increase the burden of any party hereunder, shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. 7. Notices: Proper Form. Any notice required or allowed to be delivered hereunder shall in writing and be deemed to be delivered upon receipt before 5:00 p.m. on a business day by hand delivery, overnight courier or U.S. Mail, postage prepaid, certified mail, return receipt requested and addressed to a party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith: If to City: City of Clermont One Westgate Plaza Clermont, FL 34711 Attn: City Manager Phone: (352) 394-4081 Fax: (352) 394-1452 662072v2 7/9/2003 -3- With copies to: City Attorney City of Clermont One Westgate Plaza Clermont, FL 34711 If to Lennart Lennar Homes, Inc. 151 Wymore Road, Suite 4000 Altamonte Springs, FL 32714 Attn: Mr. Frank Dolan Phone: (407) 682-9291 Fax: (407) 682-1977 With copies to Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 N. Eola Drive Orlando, FL 32801 Attn: Hal H. Kantor Phone: (407) 843-4600 Fax: (407) 423-4495 8. Time of the Essence. Time is hereby declared of the essence in the performance of the duties and obligations of the respective parties to this Agreement. 9. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida, and venue for any action to enforce the provisions of this Agreement shall be in the Circuit Court in and for Lake County, Florida. 10. Effective Date. This Agreement shall become effective upon the date of execution of the last of the parties hereto (the "Effective Date"). 11. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that all parties have contributed substantially and materially to the preparation hereof. Captions and section headings in this Agreement are provided for convenience only and shall not be deemed to explain, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. 12. Attorney's Fees. Each party to this Agreement agrees to bear its own attorney's fees and costs in connection with all actions to be undertaken in compliance with, and enforcement of, this Agreement. 13. Amendments. No amendments, modification or other change in this Agreement shall be binding upon the parties unless in writing and executed by all the parties hereto. 662072v2 7/9/2003 -4- 14. Entire Agreement. This Agreement embodies and constitutes the entire understanding of the parties with respect to the subject matter addressed herein, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, including, without limitation, the terms and conditions of that certain Agreement between Lennar and the City dated June 6, 1995, are merged into this Agreement; provided, however, in consideration of the matters contained herein, sub-paragraph G of Section N of the Agreement shall be deleted in its entirety. 15. Counterparts. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument and any party or signatory hereto may execute this Agreement by signing any such counterpart. 16. Authority to Contract. The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all the requirements of law and each party has full power and authority to enter into this Agreement. 17. Successors and Assigns. Lennar shall have the right to assign its rights, obligations and responsibilities hereunder to an affiliate or homeowner's association or third party purchaser without the consent of, but with written notice to, the City. It is understood and agreed by the parties that upon any assignment or transfer as authorized under this paragraph 17, Lennar shall be fully released from any and all obligations and responsibilities arising under or attributable to this Agreement. The rights created by this Agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns. 18. License to Association. If and when Lennar transfers its rights, obligations, and responsibilities as set forth in Paragraph 17 hereinabove, Lennar shall grant to the Association a license, which said license shall allow the Association to operate the Reuse Water System in the event of a default in the operation thereof by the assignee, limited to such period of time as said operator may be unable or unwilling to operate the Reuse Water System. A default shall be defined as failure of the system to perform for a continuous period of 15 days after written notice from the Association, subject, however, to matters of force majeure. Said license shall also contain such other terms and provisions as maybe reasonably necessary to accomplish the intent of this paragraph. 19. Recording; Binding Effect. This Agreement shall be recorded in the Public Records of Lake County, Florida, and shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns and shall run with title to the Project and shall be binding upon any person, firm, corporation or other entity acquiring any interest in or any portion of the Project. 662072v2 7/9/2003 -5- IN WITNESS WHEREOF, Lennar and the City have executed this Agreement in manner and form sufficient to bind them on the date set forth below. Approved as to form: For reliance by The City of Clermo / ly. ~ -~I~ City Attorney CITY OF CLERMONT, a Florida municipal corporation By: ,! -~ ,Mayor Date: STATE OF FLORIDA COUNTY OF ~~ ~ ~~ The foregoing instrument was acknowledged before me this ~ day , 20((~, by ~~.~T~gy~ ,/lam , as Mayor of the CITY OF CLE ONT o is personally known to me or has provided as identification. (NOTARY SEAL) Not Public Signature (Name typed, printed or stamped) Notary Public, State of Commission No.: ,n ' My Commission Expires: ,.+_~°""'~"'~_,,, ,+ ~~ --~. ~~ ~t 4 Oa F . $ ^"- i `/ ~ ~~ a ~'~$ „ ~ ~ ,, • My Carnnd' 18~, r • .~' ~a ti~ ` ti-. E]cplresAugud6 9 ••••••'~~~, ,1 .2008 n~ , ~.,~^ - ',t]]j]]]ti 11 1111 ~Wt~i1A 1 ,_ 662072v2 7/9/2003 -6- Name: Name: / _ l STATE OF FLORIDA COUNTY OF ORANGE LENNAR LAND PARTNERS, L.L.C., a Florida limited liability corporation By: ~ .3 Name: ~- ~ gy~~ L.g,,~sU•~ Title: ~/, cE P~S~r~c-JT Date: ~~ jy tr y~ The fore oing instrument was acknowledged before me this ~-~ yFhday of J ~~~_, 2003 , by ~ ~ 1~~ ~' L e Lr.~ ~..,~ so n as ~~.' ~ ~ a'rt' S ~ d e ~ r o f LENNAR LAND PARTNERS, L.L.C., a Florida limited liability corporation, who is personally known to me or has provided as identification. , (NOTARY SEAL) ~,;~Y'P„;~, RACHEL INHERST = _ - MY COMMISSION # DD 151282 ,: ; ~•. ;, ds, of F~~r° EXPIRES: October 8, 2006 Bonded Thru Notary Public Underwriters Notary Public Signature (Name typed, printed or stamped) Notary Public, State of Commission No.: My Commission Expires: 662072v2 7/9/2003 - 7 - • ~'OS/24/2001 FRI 07:59 FAX 4~2 1977 LENNAR HOMES CW LAND DIV 11/04/96 ]5:31 '$` - iii ROB-A,ARENS ExHIE31T "A" ~Q~l~~ ~OD~C~ ~~ ~~~G°~~i1~G~~ Q IL~[~1f~~~ aC~~4~~ ~~~L~~ C~C~f~i~~~10~ ~~~~ ~~~g~~ N w ~ ~ WATER PLANT SEWI=R PLANT NARTwooa ~IARSy h~Au The quality of this image is equivalent to the quality of the original document. PARK Si7E 01009/009 01009/009 SGHQ01< S1TE d O U O U Z Y 11.J !~ Irrigation Quality Reuse Storage Ponds C r~- F S~" (~, I~~tS 05/12/2003 10:23 FAQ 05/12/2003 10:48 ffiIBIT B ' PERMIT NO. 2 1 PROJECT Klnas Ridge P.U.D. A PERMIT AUTHOg121NG: ~ 003 PAGE 03110 DATE ISSUED~October 9.2001 The District authorizes, as limited by the attached conditions, 592.4 million gallons per year (mgy} of ground water from the Floridan aquifer and reclaimed water from the City of Clermont (when availabie) to irrigate and grow-in newly planted landscape on a portion of 255.0 acres of golf course turf (36-holes) <~nd 259.05 acres of urban landscape (2,181 residential units, common area, and comrrtercial parcels) in 2004. LOCATION: Site: Kings Ridge ~P.U.D, Lake County Section(s): 5 3,4,9 ISSUED TO: I.ennar Land Partners 1 i 10 Douglas Ave Altamonte Springs, FL 32714 Township(s): 23S Range(s): 2~4E ' ~23S 26E Perrnittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all maps and specifications attached thereto, Is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate I~rovisions of Chapter 873, Florida Statutes and 40C-1, Florida Adrrainistfative Code. Pf=FiMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated October 9, 2001 AUTHORIZED BY: St. Johns River Water Management District q partment of Resource Management :. ~. " .( fit; ; ~ ~ ~,,~ ' ~ Harold A. Wllkenl g III Kirby B. Green, ill ~}~, Director Assistant Secretary The quality of this image is equivalent to the quality of the original document. 05/12/2003 10:24 FAX 407 682 1~T17 05/12/2003 10:48 386-329-4490 • US HOME ORLANDO LAND SJRWMD RESdURCE MGT "BXHIBIT A" CONDtT10NS FOR ISSUANCE OF PERMI"1' NUMBER 2991 LENNAR LAND PARTNERS _ DATED OCTOBER 9, 2001 pistrict Authorized staff, upon proper identification, will have permission to enter, inspect and observe permitted and related facilities in order to determine compliance with the approved plans, specifications and cond9tions of this permit. ~ 004 PAGE 04/10 2. Nothing in this permit should be construed to limit the authority of the St. Johns River Water Management District to declare a water shortage and issue orders pursuant to Section 373,175, Florida Statutes, or to formulate a plan for implementation during periods of water shortage, pursuant to Section 373.246, Florida Statutes. In the event a water shortage, is declared by the District Governing Board, the permittee must adhere to the water shoitage restriction as specified by the District, even though the specified water shortage restrictions may be inconsistent with the terms and conditions of this permit. 3. Prior to the construction, modification, or abandonment of a well, the permittee must obtain a Water Well Construction Permit from the St. Johns River Water Management District, or the appropriate local government pursuant to Chapter 40C~, Flarlda Administrative Code. Construction, modification, or abandonment of a well Will require modification of the consumptive use permit when such Construction, modification ar abandonment is other than that specified and described on'the consumptive use permit application form. 4. Leaking ar inoperative well casings, valves, or controls must be repaired or replaced as required to eliminate the leak or make the system fully operational. 5. Legal uses of water axis#ing at the time of the permit application may not be Interfered with by the consumptive use. If unanticipated interference occurs, the District may revoke the permit in whole or in part to curtail or abate the interference unless the perrnittee mitigates for the interference. In those cases where other permit holders are identined by the District as also contributing to the in#erference, the permittee may choose to mitigate in a cooperative effort with these other permlttees. The permittee must submit a mitigation plan to the District for approval prior to implementing such mitigation. 6_ Off•site land uses existing at the time of permit appllca#ion may not be significentry adversely impacted as a result of the consumptive use. If unanticipated sign'rflcant adverse impacts occur, the District shall revoke the permit in whole or in part to The quality of this image is equivalent to the quality of the original document. 05/12/2003 10:24 FAX 407 682 1~J77 05/12f2003 10:48 386-329-4490 US HOME ORLANDO LAND SJRWMD RESOURCE MGT curtail or abate the adverse Impacts, unless the impacts can be mitigated by the permittee. ~ 005 PAGE 05/T0 7. The District must be notified, to writing, within 3o days of arty sale, conveyance, or other transfer of a well or fiacility from which the permitted consumptive use is made or within 30 days of any transfer of ownership of contrd of the real property at which the permitted consumptive use is located. Ail transfers of ownership or transfers of permits are subject to the provisions of section 4001.612, Florida Adrninistretive Code. 9. ADistrict-Issued identrficatlon tag shall be prominently displayed at each withdrawal si#e by permanently affixing such tag to the pump, headgate, valve or other withdrawal facility as provided by Section 40C-2.401, Florida Administrative Code. Permittee shall notify the District in the event that a replacement tag is needed. 9. Landscape irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m,, except as follows: a) Irrigation using a micro-in'igation system is allowed anytime. (b) The use of reclaimed Water for irrigation is allowed anytime, provided appropriate signs are placed on the property to inform the general public and District enforcement personnel of such use. Such signs must be in accordance with local restrictions. (c) Irrigation of, or in preparation for {~lanting, new Landscape is allowed any time of day tar one 30 day period provided in•iga#ion is limited to the amount necessary for plant establishment. (d) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is al{owed anytime within 2~4 iwurs of application. (e) Irrigation systems may be operated anytime for maintenance and rep$ir purposes not to exceed ten minutes per hour per zone. 10. Golf course and recreational irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m. except as follows: (a} Irrigation using amicro-irrigation system is allowed anytime, The quality of this image is equivalent to the quality of the original document. 05/12/2003 10:25 FAX 407 682 ~7 US H03[E ORLANDO LAND 05/12!2003 10:48 386-329-4490 SJRWMD RESOURCE MGT ~ ~ (b) Facilities using reclaimed water for irrigation may do so at anytime provided appropriate signs are placed on the property to inform the general public and District personnel of such use. Such signs must be In accordance with local restrictions. ~ 006 PAGE 06110 (c) The use of recycled water from wet detention treatment ponds to irrigate golf courses and recreational areas if allowed anytime provided the ponds are not augmented from any ground or off-site suMace water sources. (d) Irrigation of, or in preparation for planting, new golf courses and recreational areas is allowed at anytime of day for one 30 day period provided irrigation is limited to- the-~amount•necessary for~plant establishment. irrigation of newly seeded ar sprigged golf course areas is allowed any time of day for one 60 day period. (e) Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours. (f) Watering In of chemicals, including insecticides, when required by law, the manufacturer or best management practices is allowed anytime within 24 hours of application. (g) Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone, (h) The use of water to protect golf course turf firom heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per zone. 11. Ali submittals made to demonstrate compliance with this permit must include the CUP number 2991 plainly labeled on the submittal. 12. This permit will expire on October 9, 2004. 13. Maximum annual grouted water allocation from the Floridan aquifer via IR-1 (GRS #10715) for golf course irrigation, urban landscape in•igatbn (residential, common area and commercial parcels), and grow-in must not exceed as follows: ~4D2.67 million gallons in 2001; 402.67 million gallons in 2002. t 4. Maximum annual ground water allocation from the Floridan aquifer via IR-2 (GRS #24856) end IR-3 {GRS #33708) combined, for goH course irrigation, urban landscape irrigation (residential, common area and commercial parcels), and The quality of this image is equivalent to the quality of the original document. 05/12/2003 10:25 FAX 407 682 ~7 US HOME ORLANDO LAND 05/12/2003 10:48 386-329-4490 SJRWMD RESOURCE MGT grow-ln must not exceed as follows; 106.43 million gallons in 2001; 165.30 million gallons in 2002. 15. Maximum annual ground water allocation from the Floridan aquifervla iFt-1 (GRS #10715), IR-2 (GRS #24656) and IR-3 (GRS #33708) combined, for golf course irrigation, urban landscape Irrigation (residential, common area and commerdaJ parcels}, and grow-In must not exceed as follows: 345.70 million gallons in 2003; 332.92 million galions in 2004. 16. Maximum annual reclaimed water allocation from the City of Clermont far golf. course Irrigation, urban landscape irrigation (residential, common area and commercial parcels), and grow-in must not exceed as follows: 224.84 milllon gallons in 2003; 259.52 mi(tion gallons in 2004. 1'T. Reclaimed water allocations may be exceeded If there is additions! redaim8d water available. At no time may reclaimed water use at this project exceed total surface water allocations as indicated for SW-1, SW-2, SW-3, and SW-4, unless the reclaimed water provider can demonstrate that there is excess reclaimed water available. Demonstration of excess reclaimed water availability must be in the form of a letter from the provider to the District showing that there are no other customers available to take the reclaimed water. 18. When available, the use of reclaimed water must be the primary irrigation source. The use of ground water is designated as the back-up water supply. The use of ground water to augment the irrigation system when reclafm_ ed water is available is prohibited. ~ ~ ~~ 19. Maximum annual surface water withdrawals from the South Pond via SW-1 (GRS #23729 for golf course irrigation at Kings Ridge Sou#h must not exceed 1fi2.21 million gallons. 2Q. Maximum annual surface water withdrawals from the South Pond via SW-2 (GRS #23730) for urban landscape irrigation (residential, common area, and commercial parcels) at Kings Ridge South must not exceed 240.46 million gallons. 21. Maximum annual surface water withdrawals from the North Pond via SW-3 (GRS #23731) fur golf course irrigation at Kings Ridge North must not exceed as follows: ~J 007 PAGE 07!10 The quality of this image is equivalent to the quality of the original document. 05/12/2003 10:26 FAX 407 682 1977 U5 HOME 05/12/2003 10:48 386-329-4490 85.79 million gallons in 2001; 118.48 million gallons in 2002; and 98.U5 million galbns in 2003 and 7004. ORLANDO LAND SJRWMD RESQLIf2CE MGT 22. Maximum annual surface water withdrawals from the North Pond via SW-3 (CRS #23731) for urban landscape irrigation (resk}ential, common area, end commenciai parcels) at Kings Ridge North must not exceed as follows: 20.64 million gallons In 2001; 46.82 million gallons in 2002; 69.28 million gallons in 2003; and ' 91.72 million gallons in 2004. 23. Augmentation of the South Pond must stop when water levels in the pond reach 176.00 feet NCVD. 24. The permittee must submit, for District review and approval, the as-bunts for the mechanism that will stop augmentation of the North Pond one foot below the top of liner by November 30, 2001. Augmentation of the North Pond must stop when water levels reach the elevation represented in the as-bunts. 25. The permittee must maintain the water level control mechanisms. The operation and maintenance entity shall submit inspection reports to the District on Juiy 31, 2003 using Form EN-46. The inspection form must be signed and sealed by the appropriate registered professional. 26. The permittee must implement the water conservation plan, submitted to and approved by the District as part of this application process, in accordance with the schedule and reporting forms contained therein. A semi-annual report detailing the status of this project must be submitted by January 31st and July 31st of each year. The report must include an audit of historic water use (ground water, reclaimed water, end surtace water by source), status of construction (homes built and associated acreages for each. source), and status of implementation of conservation elements (e.g. number of repaired or replaced sprinkler heads, number of bubblers removed from trees, educational opportunities made available, etc...). 27. The permittee must adopt the "typical" landscape designs being developed with assistance from the District. This landscaping must be placed on model homes for ell new construction within in the development beginning in November 2001. Documentation that these "typical' landscape designs have been adopted must be submitted to the District, far review and approval, by December 31, 2001. This documentation must include a schematic of the "typical' design, photographs of the model homes planted according to the new design, and new home specifications that cite the new design. l~j 008 PAGE 08/10 The quality of this image is equivalent to the quality of the original document. 05/12/2003 10:26 FAX 407 682 ~7 US HOME ORLANDO LAND 05/12/2003 10:48 386-329-4490 SJRWMD RESQIli~ MGT ~~ - i ~ 28. The permittee must adopt the "typical" irrigation system designs being developed with assistance from the District. Irrigation system designed according to these "typicals" must be installed at model homes for all new construction within in the development beginning in November 2001. Documentation that these "typical" irrigation system designs have been adopted must be submitted to the District, for review and approval, by December 31, 2001. This documentation must include a schematic of the "typical" design, work orders showing that the "typical' design has been installed, and new home specifications that cite the new design. 29. The permittee must enter into an agreement with the City of Clermont, whereby the residents of the Somerset subdivision will be charged for their irrigation water use according the irrigation schedule established by the City. A copy of this agreement must be submitted to the District, for review and approval, by January 1, 2001. 30. The lowest quality water source, such as reclaimed water and surface/storm water, must be used as irrigation water when deemed feasible pursuant to District rules and applicable slate law. X1009 PAGE 09!10 3i. Well No. 1 (GAS#10715}, 2 (GRS#2-0656), and 3 (GRS#33708) and Pump No. 1 (GRS#23729), 2(GRS#23730), 3(GRS#23731) and 4 (GRS#2373,2), as listed on the application, are equipped with totalizing flow meters. These meters must maintain 95% accuracy, be verifiable, and be Installed according to the manufacturer's specifications. 32. The reclaimed water delivery main must be equipped with an in-line totalizing Clow meter prior to the delivery of reclaimed water. This meter must maintain 95°J° accuracy, be verifiable, and be installed according to the manufacturer's specifications. Documentation of proper meter Installation (photograph and manufacturer specifications) of the proper installation of these meters must be submitted within 30 days of meter installation. 33. Total withdrawal from Well No. 1 {GRS#10715), 2 (GRS#24656), and 3 (GRS#3370$}; Pump No. 1 (GRS#23728), 2(GRS#23730), 3(GRS#23731) and 4 (GAS#23732); and the reclaimed water connection, as listed on the application, must be recorded continuously, totaled monthly, and reported to the District at least every six months for the duration of this permit using District Form No. EN-50. The reporting dates each year will be as follows: Reporting Period Report Due Date January -June July 31 July -December January 31. The quality of this image is equivalent to the quality of the original document. • ~ •05/12/2003 10:27 FA% 407 682 ~7 05/12/2003 10:48 386-329-4490 US HOME ORLANDO LAND SJRWMD RESOURCE MGT 34. The permittee must maintain all meters, In case of failure or breakdown of any meter, the District must be notified in writing within 5 days of its discovery. A defective meter must be repaired or replaced within 30 days of its discovery. 3a. The permittee must have all flow meters checked for accuracy at least once every 3 years within SO days of the anniversary date of permit issuance, end recalibrated if the difference between the actual flow and the meter reading is greater than 5%. District Form No, EN-51 must be submitted to the District within 10 days of the inspectionlcalibration. 3F. The permittee shall aggressively pursue obtaining reclaimed water to meet the water needs authorised in this permit from all available sources. The permittee shall submit a report sernt-annually to the DlstriCt summarizing permittee's efforts to reclaimed water. The reports shall be submitted by January t 5th and July 15th of each year. ~ 010 PAGE 10/10 The quality of this image is equivalent to the quality of the original document. Map Master Development Plan -~--- c- Recreation Lake Fetter A Residential ~\D v !I s `, OKce i~ \s4\ 19.8 Acres `, r~ 150,000 Sq. Ft. ;I ---- .I ~ -------~ I \ ~i ~ ~-- ~ ~ ~I ` ~~ Water Treatment Plant Sewage Treatment Plan[ - -~ School Sice - ~ 1 s.o nil ResidBential \ ~ F \ ~~-- Residential ~r 1 I ---- -------~ ~ \ \ 25 ~ Fl ~ ac 7. u E , s RetaillService ~\ , ' ~ ' = Retail Services ~ 4.5 Acres , ~ I 150,000 Sq. Ft i 50,000 Sq. Ft. ~ ~ -- Publix '~ ' ---------- -- ~ . . Center I ~ ~ 18.25 ac I • ~ r Martwood Marsh Road Development Plan Parcel Use Acres Units A,B,F Residential 1238.8* 4,090 C Recreation 5.0 ---- E,G RetaillService 30.0 ]70,000 sf D Office 19.8 150,000 sf A,F Common Open Space* 54 Holes (Golf/Stotmwater Management) Lake 2.0 7'o-al 1295.6 `Common Open Spay acreage included in parcel acreages The quality of this image is equivalent to the quality of the original document. T ASK ORDER NO.2 . TO AGREEMENT PROFESSIONAL ENGINEERING SERVICES DATED AUGUST 12,2003 SOUTH CONNECTOR FORCE MAIN AND LIFT STATIONS Prepared for: City of Clermont (City) Prepared by: Boyle Engineering Corporation (Boyle) General The City of Clermont (City) is in the process of planning and designing the 2.5 mile South Connector roadway in the Southwest part of the City, The City desires to design and construct a force main system in conjunction with the planned roadway improvements. The size ofthe force main will be determined under Boyle's Task Order for the Wastewater Master Plan. The City estimates that as many as four (4) new submersible lift stations will also be designed and constructed as part of the proposed force main system. The sizes of these lift stations will also be determined under Boyle's Task Order for the Wastewater Master Plan. . The following pres,ents the specific tasks, which will be perfoffiled as part of this Task Order. Because of the nature of this work, certain assumptions have been made in preparing this Task Order. To the extent possible, these assumptions are stated herein and are reflected in the budget for services, If the work tasks required are different from the assumptions presented herein or if the City desires additional services, the resultant changes in scope and budget will serve as a basis for modifying this Task Order as agreed to by both the City and Boyle, Boyle's Scope of Services Boyle's scope of services for the project includes the following: Task Group I-Preliminary Design Boyle will prepare a preliminary design report (PDR) for the project that will summarize the following: a) design criteria for the proposed pipeline and lift stations; b) locations of the proposed pipeline and lift stations; c) preliminary locations of pipeline isolation valves and air/vacuum valves; d) outline specifications; e) opinion of probable construction cost and other pertinent information, Design of the proposed submersible lift stations will be performed in conformance with the City's standard design and details. It is assumed that the wet well will be constructed of precast concrete and that no enclosed buildings will be part of the lift station design, It is assumed that the proposed force main and lift stations will be located within right-of-way and lor easements that will be acquired by the City for the South Connector roadway. Boyle will attend one meeting with the City to review comments on the draft . Boyle Engineering Corp. Task Order No.2 Page 1 of 4 August 12,2003 S Connector FM.doc Ot'~ Q¡'clo3 &Q)~. . . . preliminary design report, Boyle will prepare for and attend one (1) additional meeting with the City and/or its roadway consultant as part of this Task Group. Task Group 2-Final Design Boyle will prepare a set of construction documents that describe the project including plans and specifications, It is assumed that the City will be supplying the Divison 0, General Conditions. The City's consultant on the South Connector roadway project will provide a topographic land survey and geotechnical surveys for the pipeline route. It is assumed that the survey will be provided at a scale of one inch equals 40 feet. Boyle will prepare 50% and 90% completion review submittals for the City's review. Boyle will prepare the FDEP construction permit application and respond to up to two (2) requests for additional information from the FDEP. Boyle will attend one review meeting with the City to receive comments following each review submittal. Boyle will prepare for and attend up to four (4) meetings with the City's roadway consultant during the final design phase ofthe project. Boyle's plans and specifications may be bid separately or they may be combined with the roadway plans and specifications and bid as a single project Task Group 3-Bidding Phase Services Boyle will provide.Bidding Phase services to answer Bidder's questions and prepare up to two (2) technical addenda. Boyle will review the bids and make a recommendation to the City regarding award ofthe contract. Boyle assumes that the City will be responsible for copying the bid sets (including addenda) and distributing them to potential bidders. Task Group 4-Construction Phase Boyle will update the drawings from the addenda and incorporate the addenda and original executed contract documents into the specifications to conform the contract documents, Boyle will provide limited construction phase services related to the project. These services include: attend the pre- construction conference, review up to twenty (20) shop drawing submittals, respond to up to twenty (20) requests for information (RFls), make ten (10) site visits, and prepare substantial and final completion punch lists. Boyle will prepare and provide the final Record Drawings to the City upon completion of the project construction, Boyle will prepare a certification of completion of construction for submittal to the FDEP Services Not Included The following services are not included in this Task Order: 1, Geotechnical work. 2. Survey work 3, SCADA system work 4. Permit fees. 5. Resident project representative services. Boyle Engineering Corp, Task Order No.2 Page 2 of 4 August 12,2003 S Connector FM.doc . . . City's Responsibilities The City shall be responsible for providing the following in a timely manner so Boyle can complete its work and not delay the performance of services. 1, Designate the City Engineer, or their designated agent, to act as City's representative with respect to the services to be rendered under this Agreement. The City Engineer or their agent shall have complete authority to transmit instruction, receive information, and interpret and define City's policies and decisions with respect to Boyle's services for this Project. 2. Provide electronic survey information that is compatible with AutoCAD 2000i, 3. Schedule and attend coordination meetings with Boyle and the City's roadway consultant. 4. Promptly review, comment on, and return Boyle's submittals. Ten (10) days have been allocated in the schedule for each City review. 5. All information provided to Boyle by the City, and others retained by the City, shall be used without verification. However, Boyle shall use engineering knowledge and experience to identify reasonably identifiable errors. 6. Copy and distribute bidding documents, including addendums, to the potential bidders, 7, Copy and distribute conformed documents, 8. Promptly advise Boyle when the City becomes aware of any defect, deficiency or changed condition. 9. Administer construction contract including review of pay requests. 10. Provide daily inspection services during construction. 11. Provide other such services and assistance as needed to expedite and complete this Project. Deliverables (BOYLE) Boyle will provide the City the following deliverables: 1. Three (3) copies each of the draft and final preliminary design report. 2, Three (3) copies of the 50% construction documents. 3. Three (3) copies of the 90% construction documents, 4. Three (3) copies of the final construction documents. One reproducible set of the construction documents will be provided to the City for use in the bidding phase services. 5. One (1) set of reproducible conformed drawings. Boyle Engineering Corp. Task Order No.2 Page 3 of 4 August 12, 2003 S Connector FM.doc . . . 6, One (1) set of reproducible record drawings, Period Of Service Receipt of complete survey information will constitute a notice-to-proceed. It has been assumed that the City will furnish the as-built drawings, specifications, geotechnical reports and surveys for the lift station site at the time of the notice-to-proceed. Otherwise, the schedule will commence when all the requested data have been received by Boyle, The 50% submittal will be provided for the City's review within 60 days of receipt notice-to-proceed, The 90% submittal will be submitted for the City's review within 60 days of receiving the City's comments on the 50% submittal. The final submittal will be submitted within 10 days of receiving the City's written comments on the 90% submittal. It is expected that services under this Task Order will be complete within 570 days of the notice-to-proceed. Compensation Boyle shall be paid in accordance with Section 3 of the Agreement. A budget showing the estimated number of hours and other project fees for the tasks described within the Task Order is presented in the Project Budget. These budgeted amounts were used to determine the lump sum of $181,722.00 for the project. Boyle will invoice monthly, based on percent complete for each Task Group as determined by Boyle. Authorization This Task Order serves as an Exhibit to the Consultant Agreement dated, August 12,2003, between the City of Clermont and Boyle Engineering Corporation, and is hereby incorporated into this Task Order by reference. ~.::. ~REOF, BOYLE ~~o~~TY have executed this Task Order this i..1"A.. ð "BOYLE" "CITY" day :~YLA~~N CITY OF CLERMONT BY:~ A. Thomas Brown, PE Vice President Harold S, Turville, Jr. Mayor Boyle Engineering Corp, Task Order No.2 Page 4 of 4 August 12,2003 S Connector FM.doc . South Connector Force Main and Lift Stations Task Order No, 2 Task Description Task Group 1 - Preliminary Desian I. Prepare draft preliminary design report. 2. Meet with the City to receive comments on the draft report. 3. Finalize report and submit to the City. 4. Meet with the City andlor City's ro¡¡dway consultant (I meeting} Subtotal Task Group 2-Final Design I. Prepare 4 general sheets. 2. Prepare 14 plan and profile sheets and specifications. 3. Prepare 4 civil detail sheets. 4. Prepare 4 site plans and details for four (4) submersible lift stations. 5. Prepare 4 electrical drawings and electrical specifications. 6. Submit drawings to the City for review at the 50% and 90% completion level. Meet with the City to receive review comments following each submittal. 7. Preapare opinion of probable construction costs at the 50% and 90% completions levels. 8. Prepare the FDEP construction permit and respond to two (2) RFls._- 9. Prepare for and attend four (4) meetings with the City andlor the City's roadway consultant. Subtotal Task Group 3 - Biddina Services Answer Bidder's Questions Prepare Two (2) Addendums Review Bids and Recommend Award Conform Contract Documents Subtotal August 12, 2003 . Project Budget '¡ Q. 'ü = ï: ø.. 6 4 2 4 16 2 28 3 4 12 8 4 2 16 79 I 4 2 7 Personnel Hours ... ... l- I:) 'ë ~ en 16 4 4 4 28 4 80 8 12 64 16 12 6 24 226 8 8 4 20 Page 1 of2 ... l- I:) 'ë ~ en -- 8 8 8 12 2 22 ~ .... ~ 'ü I:) '" '" ~ 64 8 72 8 112 8 32 160 4 4 6 8 22 - .... = 0:1 .... '" .¡;; '" 00( 24 24 224 24 20 268 -- I- ~ = þ) .¡;; ~ Q 40 6 46 16 224 20 48 100 24 432 '¡ u .¡: ~ ü '" I- ::I I:) == '¡ .... I:) r-o 12 2 6 2 162 $ 10 $ 26 $ 10 $ -- $ 2081 $ l- I:) .c 0:1 ~ 13,742 $ 1,284 $ 2,302 $ 1,284 $ -- 18,612 I $ 2,690 $ 57,164 $ 3,655 $ 9,340 $ 18,132 $ 3,400 I $ 5,804 $ 2,662 $ 6,1761 $ 109,023 I $ .' City of Clermont Bud2et .... '" I:) U l- I:) .c 0:1 ,.J , c I:) Z 1,250 ~ 120 $ 230 $ 120 $ $ 1,720 Us 270 ~ 5,700 $ 350 $ 680 $ 165 $ 340 II $ ~L! 266]1$ _~~Q_H 8,971 lIS 23 $ 2,549 $ 250 ~ 40 $ 4,112 $ 350 $ 14 $ 1,530 $ ISO $ 22 $ 1,672 $ 118 $ -- $ -- $ 1411 991 $ 9,8631 $ 8681r 6 2 6 14 22 48 30 $ 716 $ 39 $ 104 $ 192 $ 16 24 I $ 8 6 RU 34TI 8 86 481 $ 1,259 I $ 2 6 6 '¡ .... I:) Eo-< 14,992 1,404 2,532 1,404 -- 20,332 2,960 62,864 4,005 10,020 18,297 3,740 6,384 2,928 6,796 117,994 2,799 4,462 1,680 1,790 -- 10,731 Boyle Engineering Corporation . South Connector Force Main and Lift Stations Task Order No.2 Task Description Task Group-Construction Phase Attend Preconstruction Meeting Review Up to Twenty (20) Submittals Respond to Up to Twenty (20) RFI's Ten (IO) Site Visits During Construction Substantial Completion and Punchlist Final Completion Prepare Record Drawings Subtotal Total August 12, 2003 . Project Budget "¡ Q. .¡:¡ = ï: c., 4 4 I I 2 12 114 Personnel Hours - - .. c 1: w rn 8 8 16 290 Page 2012 - .. c .¡¡¡ w rn 4 20 8 40 8 8 6 94 124 w - = 'ü c '" '" <: 2 30 16 40 8 96 350 - - = = - '" ',.; '" :< 24 16 40 332 .. w = Oil ',.; W ~ 8 24 32 524 "¡ ... .¡: w Ü '" .. = c == "¡ - c ~ I 12 6 16 2 2 Personnel Catel!:orv Principal Senior II Senior I Associate Assistant I Designer Clerical . City of Clermont Bud2et .. c ,.Q = ...;j - '" c U .. c ,.Q = ...;j I = C ;Z; 7 $ 672 $ 67 $ 90 $ 7,672 $ 770 $ 58 $ 4,844 $ 480 $ 96 $ 8,832 $ 800 $ 19 $ 2,189 $ 210 $ 19 $ 2,189 $ 220 $ 40 $ 3,390 $ 330 $ 39 II 3291 $ 29,7881 $ 2,877 n I I 1 II 161 11 1,895 I $ I67:286l $ 14,436 Œ Amounts shown are raw costs. $/HR $165.00 $130.00 $110.00 $90.00 $62.00 $70.00 $52.00 "¡ - c r-- 739 8,442 5,324 9,632 2,399 2,409 3,720 32,665 181,722 Boyle Engineering Corporation