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.
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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
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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
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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.
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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.
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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-
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~~~~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
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(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
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EXHIBIT B '
8
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PAGE Ø3/1Ø
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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
.
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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
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PAGE 05/ HI
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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.
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PAGE 136/18
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(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
.
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US HOME ORLANDO LAND 4iÞ
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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
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US HOME ORLANDO LAND 8
SJRWMD RESOURCE MGT
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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.
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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. .
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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 .
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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.
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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.
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