Fort Walton Beach Council agenda — 06-09-09 regular — reading text

that the City may annex or acquire in the future. C) During periods of Extreme Wet Weather flow events, the County shall establish a ceiling for the maximum average daily flow that will be used to calculate the Sewer Usage Charges for that period. Extreme Wet Weather ( EWW) flow shall be defined as a specified event in which the average daily flow ( ADF) for a continuous forty -eight (48) hour period is equal to or greater than 2. 0 times the previous continuous thirty (30) day ADF, then the County shall establish a billable ceiling for the EWW period at an amount equal to 2. 0 times the continuous thirty ( 30) ADF for the period immediately prior to the event. SECTION 5. LEASE OF THE CITY' S TERTIARY TREATMENT SYSTEM. A) The City agrees to lease to the County its existing tertiary treatment system, including the property upon which it is located, ( the " Tertiary System "), consisting of the mechanical, structural, electrical, and instrumentation and control ( I & C) components of the equipment and unit processes described herein, 1) the piping from the connection point of the County' s raw sewage piping along Roberts Road and the City's 30 -inch influent pipeline; ( 2) the piping from the connection point of the County's reuse piping along Roberts Road and the City's 30 -inch influent pipeline to the connection point of the influent piping to the effluent filtration process; ( 3) effluent filters and associated equipment; ( 4) chlorine contact basin and chlorination system; ( 5) final reuse water pump station; ( 6) two secondary clairifiers, scum pumping stations, and interconnecting piping; ( 7) terminating at the connection of the final reuse pump station discharge piping and the City' s 10 -inch and 16 -inch diameter reuse pipelines. The Tertiary System is more particularly described in Appendix B, which is attached hereto. The Tertiary System shall not include the lines and equipment from the effluent filtration process to the City' s two million gallon ground storage tank at the City's Golf Club ( the City's Reclaimed Distribution System "). For such lease, the County shall pay to the City the sum of one dollar ($ 1. 00) per year for each year of this Agreement including any extensions thereto. Prior to the approval and execution of this Agreement, the County has been allowed to inspect the Tertiary System of the City, and agrees to accept the system under the lease " as is" at the time of the execution of this Agreement. However, the County does not assume any liability or responsibility under the lease for any environmental contamination which may be present on the site of the Tertiary System. B) This lease contains a provision for the conveyance of the Tertiary System to the County under the following circumstances. Following the execution of this lease, in the event that the City desires to convey the Tertiary System to the County, the City shall provide written notice to the County of its intent to begin the conveyance process. 3-  1) The City shall then cause to be performed, by an independent consultant, a Phase I and Phase II Environmental Assessment on the site of the Tertiary System. The cost of the Phase I and Phase II Environmental Assessment shall be the sole responsibility of the City. The City shall provide a copy of the Environmental Assessment to the County for its review. The County shall have sixty ( 60) days to review the Environmental Assessment. a) In the event that the results of the Environmental Assessment demonstrate that there is no contamination of the property upon which the Tertiary System is located, which exceeds acceptable levels meeting all local, state and federal guidelines, or it reflects contamination that exceeded acceptable levels meeting all local, state and federal guidelines, but the City has fully remediated such contamination, then the City shall convey to the County and the County shall accept ownership of the Tertiary System. Such conveyance shall be by warranty deed in a form acceptable to the County. The County shall pay the sum often dollars ($ 10. 00) for the conveyance of the Tertiary System. b) In the event that the Environmental Assessment determines the presence of contaminants on the Tertiary System, or the property upon which it is located, which exceeds acceptable levels meeting all local, state and federal guidelines and the City is unwilling to remediate such contamination, then the obligation of the County to acquire this property shall be null and void and this Agreement shall continue as a lease and governed by those terms relating to the lease. 2) Additionally, upon receiving written notice of the City's intent to begin the conveyance process, the County may seek, at its expense, an examination of the evidence of merchantable title of the City in the Tertiary System, performed by a qualified title insurance company authorized to do business in the State of Florida. Within ten ( 10) business days of receipt of the results of the examination, the County shall provide written notice to the City of any defects in or objections to the title along with a copy of the examination results. Within ten ( 10) days of receiving the County's notice of defects in or objections to title, the City, at it' s option, may either correct those defects or objections in title or withdraw its notice to convey the Tertiary System to the County. C) In addition the lease of the Tertiary System and the property upon which it is located, or its conveyance under Section 5 ( B), the City shall either assign to the County, or convey under the provisions of Section 5 ( B), all easements, licenses or rights of access held by it for the lines and facilities of the Tertiary System or provide an alternative, acceptable to the County, to enable it to obtain ingress and egress to the lines and other facilities for the provision of maintenance and improvements to the Tertiary System. 4-  1) In the event that an easement, license or right of access assigned to the County by the City, or conveyed under Section 5 ( B), for the lines and facilities of the Tertiary System, is subsequently released, revoked, expires or otherwise becomes without force and effect, then the County shall be responsible for obtaining acceptable access to provide maintenance to such lines and facilities. The lines which shall be the responsibility of the County to maintain access shall consist of the transmission lines from APWRF to the sand filter at the Tertiary System and reject lines from the Tertiary System back to the APW RF. 2) The City shall not convey or assign to the County any easement, license or right of access of the City's Reclaimed Distribution System and in the event that such easement, license or right of access is subsequently released, revoked, expires or otherwise becomes without force and effect, then it shall be the exclusive responsibility of the City to obtain acceptable access to provide maintenance to such lines and facilities. The lines which shall continue to be the responsibility of the City shall consist of the reclaim water mains from the Tertiary System to the City's Ground Storage Tank at the City's Golf Course. D) As of the effective date of this Agreement, the County shall be responsible for the permitting, operation, repair and maintenance of the Tertiary System. In the event that a capacity expansion of the Tertiary System is required, the cost of such improvements shall be the responsibility of the City in proportion to the extent that the expansion is necessary to provide service to the City Service Area. E) The City shall retain the responsibility for the operation, maintenance, and repair of the City's Wastewater Collection System and the City's Reclaimed Distribution System, including any future reclaimed water distribution, transmission, and storage systems downstream of the Tertiary System as contained on Appendix B to this Agreement. F) During the term of this Agreement and for any extensions, the County shall exclusively provide for the treatment and disposal of all of the wastewater generated from within the City's Service Area, including any future annexations or acquisitions of other service areas. Such exclusivity shall not prevent the City from the use of reclaimed water acquired from the County under the terms of this Agreement. SECTION 6. RECLAIMED WATER SERVICE. A) During the term of this Agreement, including any extension thereto, the County shall deliver up to the maximum permitted capacity of the Tertiary System, obtainedfrom the City under either the lease or conveyance as set forth in this Agreement, or 1. 55 million gallons per day ( annual average daily flow), whichever is greater, of reclaimed water to the City, without charge, for its use or resale within the City Service Area ( "Guaranteed Reclaimed Amount "). It is agreed by the parties that the current maximum permitted capacity of the Tertiary System is 1. 55 million gallons per day (annual average daily flow). 5-  B) The County acknowledges the City's reliance on a reliable and continuous supply of reclaimed water necessary for the irrigation of the City Service Area. As such, the County agrees to limit service interruptions to only those necessary for the maintenance and upkeep of the Tertiary System components and shall be no longer in duration than four ( 4) days, except where the service interruption can not be remedied within that time period as the cause of such interruption is located in areas where either easements, licenses or rights of access held by the City have either expired or are otherwise no longer valid. During this four 4) day period, the County shall have no obligation to provide either an alternative water source or reimburse the City for the cost of any water used for irrigation purposes at the City's Golf Club. In the event that a service interruption exceeds four 4) days, the County agrees to provide water from alternative sources for the irrigation needs of the City's Golf Club. The City shall pay to the County for this alternative water source at the then existing Inter -Utility Emergency Water Rate as currently contained in Appendix H, or as that rate may be subsequently amended. C) During the term of this Agreement, the County shall be responsible for all permitting requirements pursuant to Florida law and regulations for the reclaimed water system within the City Service Area including but not limited to the quality of the water coming from the effluent filtration system. D) During the term of this Agreement, the City shall be responsible for all ground water monitoring pursuant to Florida law and regulations for the reclaimed water system within the City Service Area. In the event that there is a violation of the terms and provisions of the County's permits as a result of the failure to comply with any provision of Florida law or