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88-R-23RESOLUTION NO. 88-R-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE THE "WELLFIELD ACQUISITION CONTRACT" BETWEEN LARRY MCCASEILL, AND THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. _ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That the City Council of the City of Edgewater, Florida, authorizes the appropriate officials of the City of Edgewater, Florida, to execute the "Wellfield Acquisition Contract" between Larry McCaskill and the City of Edgewater. SECTION 2. A Copy of said "Wellfield Acquisition Contract" is attached to this Resolution and by reference incorporated herein as if fully set forth and marked Exhibit "A". SECTION 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 4. That this Resolution shall take effect immediately upon its adoption by the City Council of the City of Edaewater. Florida. at a regular meeting of said Council held on the 6th day of approved as provided by law. , 1988, and This Resolution was introduced and sponsored by Councilman Astina , and was read and passed by a vote of the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the 6th day of June 1988, and approved as provided by law. ROLL CALL VOTE AS FOLLOWS: Mayo 1Kman-Z---&,ne C!oi1nc_ilm,in-zdrie� Two Counci a �e councilman -zone Four ATTEST: MOAT M /YD City Cle k rl;n, Authenticated this day , 1988. Mayor Zes n ttorney WELLFIRLD ACQUISITION CMURACr WHEREAS, suitable lands for the provision of a wellfield to supply water to the City of Edgewater (hereafter called "the City") exist on property owned by Larry McCaskill, (hereafter called "the Landowner"); and, WHEREAS, the City desires to use a portion of said lands for installation of water supply wells; and, WHEREAS, the Landowner desires to provide the City with a right to use such lands for wellfield purposes in exchange for certain considerations herein given by the City of Edgewater; and, WHEREAS, the Landowner has allowed the City to proceed with the drilling of wells in locations that were not the most acceptable (to the Landowner) after the failure of two wells also on the Landowner's property; NOW, THEREFORE, the City and the Landowner do mutually covenant and agree to the following: 1. The City acknowledges that this contract is entered into in its proprietary interest, and further acknowledges that this contract is authorized by statute, and is valid, binding and enforceable, and that it further has received opinion of legal counsel that the City has power to enter into this contract in its proprietary interest. 2. The Landowner hereby agrees to convey to the City, by Warranty Deed, legal title to four (4) well sites, said real property being more specifically described in attached Exhibit 1 "A" at page 16 of 18. The City is responsible to obtain any title insurance for said parcel. Costs of recording, documentary stamps, if any, shall be borne by the City. The Deed of Conveyance shall contain a restriction limiting the use of the land for the construction and operation of four (4) public water supply wells. The Deed of Conveyance shall be delivered by the Landowner to the City on or before seven (7) days from the signing of this contract. 3. The Landowner shall grant to the City an easement for ingress, egress and for the construction and future repair and maintenance of a water pipeline which connects the individual wellfield sites, as specifically described in attached Exhibit "A". The easement shall oe delivered to the City on or before seven (7) days from the signing of this contract. 4. In consideration of the conveyance of the wellfield site by the Landowner to the City, the City agrees as follows: A. WATER PIPELINE. In the event that a new water treatment plant is located on Landowner's property, the City shall provide at least one local water pipeline with a minimum diameter of eight inches (8") to the point shown on attached Exhibit "D." Landowner's property is described in Exhibit "B" attached hereto. This water line construction shall be completed on or before six (6) months from the date that need for treated water capacity is actual, and is requested by the Landowner in writing, accompanied by a site development plan and other reasonable information required by the City to evaluate the capacity request. The need for treated water capacity shall be considered "actual" when the Landowner submits plans for development of his lands, or any portion thereof. The City shall not be responsible for the construction of new facilities to comply with this section, nor for the installation of any pipes or appurtenances on the Landowner's property to convey the treated water to the point on the site where it will be utilized for distribution. If treated water is not available at the time of the Landowner's request, the City shall make the service available to the Landowner as soon as the City establishes a general schedule for such service based on information provided by the City's consulting engineers. E? B. TREATED WATER AVAILABILITY. The City agrees to supply treated water to Landowner's property lying east and west of Interstate 95. The Landowner shall have the right to use said treated water, and shall pay for the use of the water at the rate charged all other customers of the City of Edgewater located outside its City limits. In consideration for the granting of the wellfield site the Landowner shell be entitled to an impact fee credit of 25 "equivalent residential units" (ERUs). Landowner may utilize its credit at any time after capacity is made available pursuant to the terms of this contract, as development occurs on Landowner's property. Although ERUs are based on "residential" units, the Landowner shall have the right to utilize this credit for nonresidential uses, in an equivalent dollar amount of the then existing ERU. The dollar amount for application to the nonresidential use shall be based on an ERU flow of two hundred and fifty (250) gallons per day. Landowner's right to treated water capacity shall be as outlined in this contract, and as development occurs on Landowner's property. The Landowner's treated water capacity shall be guaranteed by the City to the extent of the above described credit as based upon the need described in the site development plan and schedule of proposed construction submitted with the request for treated water service. Any capacity for nonresidential use that is not utilized within one ( 1 ) year of Landowner's written request, as indicated by a connection that can be assigned an ERU value, will be transferred to an ERU credit for residential purposes. C. UNTREATED WATER AVAILABILITY. Upon written request by the Landowner, the City agrees to supply untreated water to the Landowner's property west of Interstate 95 from the date of this contract until the date that treated water is supplied to the property pursuant to paragraph 4.B., hereinabove. The capacity granted shall be based upon Landowner's stated demand at the time of the request and the ability of the City's existing equipment to handle the requested capacity as determined by the City's consulting engineers. The Landowner shall pay to the City thirteen cents (13) per 1,000 gallons of supplied untreated water. The Landowner shall have the right to begin using its ERU credit for treated water impact fees as a treat against payment for the untreated water impact fee. After treated water is supplied to the Landowner, the Landowner shall still have reasonable use of the untreated water for agricultural purposes, and shall pay to the City for the use of untreated water at the rate of thirteen cents (13 ) per 1,000 gallons, or such other rate as has been determined by the City's consulting engineers. D. BEWER AVAILABILITY. The City agrees to make available sewer treatment capacity to the Landowner, regardless of whether Landowner's remaining property is annexed into the city, in the same manner as would be granted a landowner located within the actual City limits, i.e., that availability will not be denied if the flow can be transmitted to a point determined by the City's consulting engineers to be a point of connection that can adequately handle the flow and provided the City's wastewater treatment plant or plants have the capacity at the time of the request. If the capacity is not available at the treatment plant when requested, then the Landowner shall be entitled to capacity as soon as capacity becomes available, subject to the transmission provision stated above. The City is in no way obligated to bring any sewer lines to the Landowner's property, or to build any additional sewage treatment plants. Landowner's right to capacity shall be limited to available capacity. Landowner shall pay the impact fee for said "capacity" which is then in effect at the time that connection is made to the City's lines, and the Landowner shall pay the same rate for said capacity paid by other citizens of the City of Edgewater. At his option, Landowner may utilize the ERU credit described in Paragraph 4. B. to defray sewer installation fees and charges imposed by the City. 5. The City shall have the responsibility of, and shall bear the cost of, obtaining any and all consumptive use permits or other permit modifications required by the St. Johns River Water Management District and all other governmental agencies, with regulatory authority over the operation of the City's wellfield. The City further agrees to provide a water flow control device at the Landowner's property's point of connection to the City's system, and the Landowner agrees to keep the device closed when he has no reasonable use for the untreated water. 6. The parties acknowledge that Landowner has four (4) wells located on its lands as shown in Exhibit "A" herein at page 3 of 19. In the event that the construction and use of the City's wells interferes with Landowner's use of his wells either by limiting or terminating the flow of water from said Landowner's wells or affecting the quality thereof, then the City agrees to alter Landowner's wells, at the City's expense, by 4 extending the depth of the wells, or otherwise, so that Landowner's wells will remain functional, and so that the quality and quantity of the water from Landowner's wells shall not be diminished. 7. The parties acknowledge that the Landowner intends to develop its lands at some future date for commercial, residential, recreational vehicle parks, gas stations, truck stops, and other similar uses. The parties are further aware that there are currently minimum regulations concerning setbacks of certain uses from existing municipal wellfield sites. The wellfield sites have been located in such a way that Landowner's intended uses do not fall within any setbacks existing under current law. In the event that any mandatory Federal, State or Local law or regulation is enacted subsequent to the signing of this contract which would create a setback requirement preventing Landowner from using its lands as currently planned, or as planned in the future, the Landowner shall pay to relocate the City's well or wells on Landowner's property or on other suitable property, at Landowner's option, purchased at Landowner's expense, in an amount not to exceed $58,000, with the City responsible for the balance of the relocation costs, and for abandonment of the existing well(s). In the event the aquifer from which the City is withdrawing water from the four (4) wells is declared to be a "G-1 aquifer," the City shall not invoke any welIflaid protection provisions of the Department of Environmental Regulation or its successor agencies. A "G-1 aquifer" is defined as an aquifer or aquifer portion determined by the Florida Environmental Regulation Commission to be the only reasonably available source of potable water to a significant segment of the population. B. The rights of the Landowner described in this Agreement shall inure to the Landowner, his heirs, assigns and successors. 5 8. In the event this Agreement is terminated for any reason, or in the event that the City's wells are abandoned, the City agrees to comply with all regulations concerning proper abandonment or valving of the four (4) wells. 10. In the event this Agreement is terminated for any reason, or in the event that the City's wells are abandoned, the City agrees to comply with all regulations concerning proper abandonment or valving of the four (4) wells. 11. This Agreement shall terminate thirty (30) years from the date of its execution, except that there shall be an automatic ten (10) year extension in the event Landowner has not expended his 25 ERUs. SICNW this ___ day of November, 1986. Witness Witness i —?�� tnei- 6 THE CITY OF EDGEWATER By:_� Earl D. Be gh—, yor ------- Attest: r}(— i y C1erK LANDOWNER ' c arr McCasxi�l Beatrice McCasxill