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2003-22 . 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 FOR RECORDING DEPARTMENT USE ONLY AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into this day of , 2003 by and between the CITY OF CLERMONT, FLORIDA, a Florida municipal 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 (Ð e. '. ~Q/~vÞ-L) q I'" /0 2f -1 - dfJò '1,. .:; d- . . . E. The City and Lennar have detennined 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 tenns, 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 irrigation 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 Pennit, 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 pennit issued by the St. John's River Water Management property, as may be 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 ~euse 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 662072v2 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 inigation 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 inigation 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, inigation 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 ofthe 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: Ifto 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 Lennar: 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 IV 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 perfonn 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 tenns and provisions as may be 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, By: Attes '- Approved as to form: For reliance by The City OfCl~ ..~ City Áttorney CITY OF CLERMONT, a Florida municipal corporation By: ~L/ ¿ ~ Jh e. ,Mayor 7 /, /IJ~ Date: STATE OF FLORIDA COUNTY OF OPNG£ L~I<. 'C" The foregoing instrument was acknowledged before me this ~ day of J; !I. ' 200-3.., by ~ It" I I' ~ , as Mayor of the CITY OF CLERMON , who is oersona1ly known to me or has provided as identification. ~~4 ~44-i a... <... ~lic Signature (NOTARY SEAL) 662072v2 7/9/2003 (Name typed, printed or stamped) Notary Public, State of Commission No,: My Commission Expires: ,":i!\ Janø \'\Ii.uIQn \¿;¡" j ~ CommIssion DDf3SS18 ... ,., Expires AUØU8119, 2OD8 - 6- . . . ~ ~~~~Sf LENNAR LAND PARTNERS, LLC" a Florida limited liability corporation ~~.3 é I ßZWtE lA-usoi\l IJ If.-';; p(Lç..s ) o~ By: Name: Title: Date: ~:SlJL.D~ STATE OF FLORIDA COUNTY OF .ORANGE The foregoing instrument was acknowledged before me this 1 'it" day of ~, 200J., by ~nJCJL L:iI,.)50~ ,as V:c.e. PO$;~ of LENNAR UAND PARTNERS, LLC., a Florida limited liability corporation, who is personally known to me or has provided as identification. A(1du1JJ~~ Notary Public Signature (NOTARY SEAL) ~~ RACHElINHERST J ~.\ MY COMMISSION # DD 151282 . - EXPIRES: October 8, 2006 Bonded TIvu Notary Public Underwriters 662072v2 7/912003 (Name typed, printed or stamped) Notary Public, State of Commission No.: My Commission Expires: - 7 - . . . ." 08:24/2001 FRI 07: 53 FAX 4.2 1977 LENNAR HOMES CW LAND DIV . 11/04/98 ]5:31 tt _________..-- ~~~ ROD-AHRENS . - · EXHIBIT "A1' IaI 009/009 IaI 009/009 J(~NGS R~[)GE AT CLERMONT IA lENINAR ACTIVE ADUl r COMMUINUTY SCHOOL SITE 0 · ð a:: c.. ~ (,) 0 u z ~ li.J 0:: ~ I- :::::I U- N Irrigation .' Quality Reuse Storoge s Ponds lalke rFe~t~11" WATER PLANT SEWER PLANT · HARTWOOD MARSH ROAU PARK SITE .f - 05/12/2003 10: 23 FAX 85/12/2883 18:48 8 . EXHIBIT B ' 8 " IgJ 003 PAGE Ø3/1Ø .' . PERMIT NO. PROJECT gw Kinas Rides P.U.D. DATE ISSUED!Ùctober 9. 2001 . A PERMIT AUTHORIZING: 41 . The District authorizes, as 1I~lted by the attached conditions, 592.44 million gallons per year (mgy) of ground water from the Floridan aqu"er and reclaimed water from the City of Clermont (when available) to Irrigate and grow-in newly planted landscape on II portion of 255.0 aCfes of golf course turf (Sa-holes) ~Jnd 259.05 acres of urban landscape (2,181 residential units, common area, and commercial parcels) In 2004. LOCATION: , Site: Kings Ridge P.U.D. Lake County Section(s): 5 3,4.9 Townshlp(s): 235 "238 Range(s): 24E 26E ISSUED TO: . I.ennar Land Partners '110 Douglas Ave Altamonte Springs, FL. 32714 Permittee agrees to hold and save the St. Johns River Water Management District and its successors hannless 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 t1ereof. 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 çomplylng 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 provisions of Chapter 373, Florida Statutes and 400-1, Florida Administrative Code. By: peRMIT IS CONDITIONED UPONõ See conditions on attached IIExhibh A., dated October 9,2001 AUTHORIZED BY: St. Johns River Water Management District ~1r.~. ) ¡llpartment 01 Resourca M:::ge~ ~"l,. ~ ',,- \ .{ Harold A. Wllkenl gill 1 Kirby B. Green, III V Dlrø~tor. ).ssistant Secretary . " . . 05/12/2003 10: 24 FAX 407 682 17 e5/12/2663 1~:48 396-329-4496 . . . . . US HOME ORLANDO LAND 8 SJRWMD RESOURŒ MaT IaJ 004 PAGE B4/1B . . 1. "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 2991 LENNAR LAND PARTNERS . DATED OCTOBER 9, 2001 . Dis1r1ct Authorized staff. upon proper identmcation, will have permission to enter, inspect and observe permitted and related facIlIties in oreler to determine compliance with the approved plans, specifications and conditions of this permit. 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 Statutss, or to formulate a plan for Implementation during periods of water shortage, pursuant to Section 373.248, Florida Statutes. In the event a water shortage,ls declared by ~he District Governing Board, the permittee must adhere to the water shOl1age restriction as specified by the District, even though the speçlfied 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 4OC-3, Florida Administrative Code. Construction, modification, or abandonment of a well will require modification of the consumptive use permit when such construction, modification or abandonment is other than that specified and descñbed on 'the consumptive use permit application form. 4. Leaking or 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 existing at the time of the permit application may not be Int~rfered 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 inteñerence unless the permittee mitigates for the Interlerenc&. In those cases where other permit holders are identified by the District 8S also contributing to the interference, the permittee may choose to mitigate in a cooperative effort with these other permIttees, The permittee must submit a mitigation plan to the District for approval prior to implementing such mitigation, 6- Off.slte land uses existing at the time of permit application may not be significantly adversely impacted as a result of the consumptive use. If unanticipated significant adverse impacts occur. the District shall revoke the permit in whole or In part to . US HOME ORLANDO LAND 8 SJRWMD RESOURCE MeT . ¡g¡ 005 PAGE 05/ HI - 05/12/2003 10: 24 FAX 407 682 .7 85/12/2083 10:48 386-329-4490 .' . . . curtail or abate the adverse Impacts, unless the impacts can be mitigated by the permittee. . 7. The District must be notified, In wrIting, within 30 days of any sale, conveyance, or other transfer of a well or facility from which the pelT11itted consumptive use is made or within 30 days of any transfer of ownership or control of the real property at which the permitted consumptive use Is located. All transfers of ownership or transfers of permits are subject to the provisions 01 section 40C"1.612, Florida Administrative Code. 8. A Distrlct~lssued identification tag shall be prominently displayed at each withdrawal site by permanently affixing such tag to the pump, headgate, valve or other withdrawal facility as provided by Section 4OC-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-Irrigation system Is allowed anytime. (b) The use of reclaimed water for Irrgatlon Is allowed anytime, provided appropriate signs are placed on the property to i~form the general pubnc and District enforcement personnel of such use. Such signs ~ust be in accordance with local restrictions. ! . (c) Irrigation of, or In preparation for planting, new landscape is allowed any time of day for one 30 day period provided Irngation 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 allowed anytime within 24 hours of application. (8) Irrigation systams may be operated anytime for maintenance and repair purposes not to e"ceed ten minutes per hour per zone. 10. Golf course and recreational Irrigation Is prohibited between the hours of 1 0:00 B..m. and 4:00 p.m. except as follows: (a) Irrigation using a micro-irrigation system Is allowed anytime. - 05/12/2003 10: 25 FAX 407 682 . 85/12/2883 18:48 386-329-4498 US HOME ORLANDO LAND 8 SJRWMD RESCURCE MGT IaJ 006 PAGE 136/18 , . . 8 . . (b) Facilities using reclaimed water for Irrigation may do so at anytime provided appropriate signs are placed on thé property to Inform the general public and District . . personnel of such use. Such signs must be In accordance with local restrictions. (c) The use of recycled water from wet de1entlon treatment ponds to irrigate golf courses and recreational areas if allowed anytime provided the ponds are not augmented from any ground or off.slte surlace water sources. (d) Irrigation 01, 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 -1o-the-amount.nepessary for'plant estabtishment. Irrigation of newly seeded or sprigged golf course areas Is allowed any time of day for one 60 day period, (e) Chemlgatlon and fertigation are allowed at any time of day one time per weekt and anytime during the norrnaI4:00 p.m. to 10:00 8.m. irrigation hours. (1) Watering In of chemicals, including insecticides I 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 from heat stress damage Is allowed anytime, provided the watering does not exceed ten minutes per hour per zone. 11. All 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 ground water allocation from the Floridan aquifer via IR.1 (GRS #10715) for golf course irrigation, urban landscape Irrigation (residentiaf, common area and commercial parcels), and grow~in must not exceed as follows: 402.67 million gallons in 2001 i 402.67 million gallons in 2002. 14. Maximum annual ground water allocation from the Floridan aquifer via IR-2 (GAS #24656) and IR-3 (G RS #33708) combined, for goH course Irrigation, urban landscape irrigation (residential, common area and commerçlal parcels), and . - 05/12/2003 10:25 FAX 407 682 11;7 05/12/2003 10:48 386-329-4490 " US HOME ORLANDO LAND 4iÞ SJRWMD RESOURCE MGT " - . . , . . . grow-In 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 aquifer via IA-1 (GAS #10715), IR-2 (GRS #24856) and IR-S (GAS *33708) combined, for golf course Irrigation. urban landscape Irrigation (residential, common area and commercial parcels), and grow-In must not exceed as follows: . 345.70 million gallons In 2003; 332.92 million gallons In 2004. 16. Maximum annual reclaimed water allocation from the City of Clermont 1çr g~lf. . . ... ....... ,. öourse Irrigation, urban landscape irrigation (residential, common area and commercial parcels), and grow-In must n*t exceed as follows: 224.84 million gallons In 2003, 259,52 million gallons In 2004. 1", Reclaimed water allocations may be exceeded If there Is additional reclaimed water aVallsblø, At no time may reclairried 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 availabill1y 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 reclaimed water is available is prohibIted, . . .. 0 . 1SJ. Maximum annual surface water withdrawals from the South Pond via SW-1 (GRS #23729) for golf course irrigatIon at Kings Ridge South must not exceed 162.21 million gallons. 20. Maximum annual surface water withdrawals from the South Pond via SW-2 (GAS #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 \lia SW-3 (GAS #23731) for golf course irrigation at Kings Ridge North must not exceed as follows: 141 007 PAGE B7/1B . , ' . 05/12/2003 10:26 FAX 407 682 ~ 05/12/2003 10:48 386-329-449a , 8 " , . . . US HOME ORLANDO LAND 8 SJRWMD RESOURCE MGT 8 85.79 million gallons in 2001 i '118.48 million gallons In 2002; and 98.05 million gallons in 2003 and 2DO4. 22. Maximum annual surface water withdrawals from the North Pond via SW-3 (GAS #23731) for urban landscape irrigation (residential, common area, and commercial 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, . ...., ,- , -.,-,...---..... ",....,. .,0-".., .."....'-""."" 23. Augmentation 01 the South Pond most stop when water levels In the pond reach 176.00 feet NGVD. 24. The permittee must submit, for District revIew and approval. the as-builts 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-builts. 25. The permittee must maintain the water level control mechanisms. The operation and maIntenance entity shall submit Inspection reports to the District on July 31, 2003 using Form EN-46. The Inspection form must be signed and !Sealed by the ~ppropriate 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 toms contained therein. A seml~annuBI report detailing the status of this project must be submitted by January 31 8t and July 319t of each year. The report must include an audit of historic water use (ground water. reclaimed water, and surface 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 opportunhles made available, etc...). 27. The permittee must adopt the Mtypical81 landscape designs being developed with assiB1ance from the District. This landscaping must be placed on model homes for all new construction within in the development beginning In November 2001. Documentation that these ntypioalu landscape 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, photographs of the model homes planted according to the new design. and new home specifications that cite the new design. IaJ 008 PAGE 08/10 . , , .' . . . 05/12/2003 10:26 FAX 407 682 ;1;7 B5/12/2003 10:48 386-32g-44ge . , . . .. . . - US HOME ORLANDO LAND 8 SJRWMD RESOURCE MGT 8 IgJ 009 PAGE 09/10 26. The pennlttee must adopt the "typical" irrigation system designs being developed with assistance from the District Irrigation system designed according to these "typicals" must be Installed a1 model homes for all new çonstruction within In the development beginning in November 2001. Documentation that these "typIcal" irrigation system designs have bRan 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 Someræt subdivision will be charged for their irrigation water use acccrding the irrigation 8chedule 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, mus~ be used as Irrigation water when deemed feasible pursuant.o . District rules and applicable state law. 31. Well No, 1 (GRSt#10715). 2 (GRSI24656). and 3 (GRS'33708) and Pump No.1 (GFlS#23729), 2(GRS#23730), 3(GRS#25731) and 4 (GFlS#23732), as listed on the application, are equipped with totalizing flow meters. These meters must maintain 95% acouracy, be verifiable, and be Installed according to the manufacturer's specifications. 32. The reclaimed water delivery main must be equipped with an In~llne totalizing flow meter prior to the delivery of reclaimed water. This meter must maintain 95% 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 SO days of meter installation. 33. Total withdrawal from Well No.1 (GRS#10715). 2 (GRS#24656), and 3 (GRS#33708); Pump No, 1 (GRS#23729), 2(GRS#23730), 3(GRS#23731) and 4 (GRS#2S732); and the reclaimed water connection I 8S listed on the application, must be recorded contInuously, totaled monthly, and reported to the District at lees~ 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 . . ..' ,. ;. . 05/12/2003 10:27 FAX 407 682 ~7 85/12/2883 18:48 386-329-4498 US HOME ORLANDO LAND . SJRWMD RESIJlIRŒ MGT , . .~ . . . . . '35. 8 8 34. The permittee must maintain all meters. In CBse of failure or breakdown of any meter, the District must be notified in writing wlthTn 5 days of its discovery. A defective meter must be repaired or replaced within 30 days of its discovery. . The permittee must have all flow meters checked for accuracy at least once every 3 years within 30 days of the anniversary date of permit Issuance, and recalibrated 11 the difference between the actuel flow and the meter reading is greater than 5%. Dlstrlci Form No. EN-51 must be submitted to the District within 10 days of the inspection/calibration. 36. The permittee shall aggressively pul'8ue obtaining reclaimed water to meet the water needs authorized in this permit from all available sources. The permittee shall submit B report semi-annually to the District summarizing permittee's efforts to reclaimed water. The reports shall be submitted by January 15th and July 15th of each year. III 010 PAGE 18/HI