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HomeMy WebLinkAbout1993 05 - Sebastian Lakes Water and Wastewater Facilities— SEBASTIAN LAKES WATER AND WASTEWATER FACILITIES Prepared For The CITY OF SEBASTIAN 0XI15 Prepared By: HARTMAN & ASSOCIATES, INC. 201 EAST PINE STREET, SUITE 1000 ORLANDO, FLORIDA 32801 — — May, 1993 — MAIM _ HARTMAN & ASSOCIATES, INC. _ engineers, hydrogeologists, surveyors & management consultants _ — 9 SECTION 5 RECOMMENDATION We recommend to the City of Sebastian that the St. Paul Corporation proposal be rejected and that consideration of the three (3) other alternatives be made. We recognize that refinements and negotiations will detail the alternative and may generate a new alternative which has not been presented herein. Nonetheless, we believe that the three (3) new alternatives presented herein are feasible for implementation. GCH/dn/ch/R-S-1/Sec5.rpt 5-1 HAI //92-023.05 HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & management consultants May 28, 1993 Mr. Bruce Cooper Director of Community Development City of Sebastian P.O. Box 780127 Sebastian, Florida 32978-0127 HAI #92-023.05 Subject: Letter of Addenda - Sebastian Lakes Water and Wastewater Facilities Evaluation Dear Mr. Cooper: Attached are the revisions for the information which we inadvertently did not include in the final report due to Xeroxing and binding error, including: 1. Table of Contents 2. Section 5 - Recommendation Neither item had changed from the draft, and in certain copies, the two (2) pages were not included, though, in other copies they were. The second addenda is the clarification from Mr. Votapka relative to the County's position concerning flow and ERU basis for impact fees. Our report was written utilizing a flow basis as an alternative to the full ERU basis. Since the ERU basis will be used without consideration of flow by Indian River County, the value in Section 4.03, Item 6, should be changed from $5,000 to $7,000; and the value in Section 4.03, Item 1, should be changed from $122,448 to $170,917. ORLANDO 201 FASTPINE STREET • SUITE 1000 • ORLANDO, Il. 32801 TELEPHONE (407) 839-3955 • 1-:\S (40-) Sig -;-90 JACKSONVILLE TALI.AHASSIT PRINCIPALS: IA\IFS E. CI I R151'OPHF.R •CHARI.FS N'. DRAKE -GERALD C. HARTMAN • MARK 1 1.1 KF • UARK A Rl'\\I\(. • IMoll) 1: 54:11MID L IR Mr. Bruce Cooper May 28, 1993 Page 2 This letter with the attachments amends our report dated May 17, 1993. If you have any questions or comments relative to the above, do not hesitate to give me a call. Very truly yours, Hartman zC. President GCH/ch C21/Cooper.gch Attachment cc: Robert S. McClary, City Manager, City of Sebastian w/attachment Richard B. Votapka, P.E., Utilities Director, City of Sebastian w/attachment Cheryl Black Freindlich, The Chase Manhattan Bank, N.A. w/attachment Barbara A. Hall, Esquire, Greenberg, Traurig, et al w/attachment Section No. SEBASTIAN LAKES WATER AND WASTEWATER FACILITIES TABLE OF CONTENTS INTRODUCTION EXISTING FACILITIES ISSUES ALTERNATIVES RECOMMENDATION GCH/dn/R-S-1/toc.rpt HAI 1192-023.00 -i- SECTION 5 RECODIWNDATION We recommend to the City of Sebastian that the St. Paul Corporation proposal be rejected and that consideration of the three (3) other alternatives be made. We recognize that refinements and negotiations will detail the alternative and may generate a new alternative which has not been presented herein. Nonetheless, we believe that the three (3) new alternatives presented herein are feasible for implementation. GCH/dn/ch/R-S-1/Sec5.rpt 5-1 HAI #92-023.05 HARTMAN & ASSOCIATES, INC. engineers, hydrogeologists, surveyors & management consultants ., May 17, 1993 HAI #92-023.05 Mr. Bruce Cooper City Planner .. City of Sebastian P.O. Box 780127 Sebastian, Florida 32978-0127 Subject: Sebastian Lakes Water and Wastewater Facilities am Dear Mr. Cooper: Attached is our evaluation and analysis of the Sebastian Lakes utility situation. Section 1 provides an introduction to the report. Section 2 provides an evaluation of the ON existing facilities derived from reviews of the operational records, inspections, discussions with the existing plant operator, discussions with the Florida Department of Environmental Regulation (FDER) local inspector, discussions with the continuing consulting engineer, ON discussions with the FDER permitting engineer, discussions with the FDER groundwater section, and finally, discussions with the owner/manager of the system. .. Section 3 presents the issues which we believe are relevant in this situation and a discussion of those issues. �• Section 4 is our evaluation of the following items: go 1. Sebastian Lakes Proposal. 2. Option 1. M 3. Option 2. 4. No Action Option. Based upon our analyses and investigations conducted for this evaluation, we recommend that the first alternative be rejected, that the second alternative can only be implemented with subsidies, that the third alternative would require County coordination and impact fees based upon flow which may or may not occur, and fourth, the no action alternative relative to •. utilities in the system can also be recommended. 201 EAST PINE STREET . SUITE 1000 . ORLANDO. FL 32801 TELEPHONE. (407) 839-3955 • FAX (407) 8393790 a ORLANDO JACKSONVILLE TALLAHASSEE PRINCIPALS: JAMES E. CHRISTOPHER -CHARLES W DRAKE -GERALD C. HARTMAN • MARK L LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT. JR. Mr. Bruce Cooper May 17, 1993 Page 2 Section 5 provides our firm's recommendation based upon the options considered at this time _ and our knowledge of the present utility situation. _ We appreciate the opportunity to serve the City of Sebastian in this matter, and are available to discuss the matters contained in this report at your convenience. Very truly yours, Hartmatman, Inc. era C President GCH/ch C20/Cooper2.gch Attachment SEBASTIAN LAKES WATER AND WASTEWATER FACILITIES TABLE OF CONTENTS Section No, 1 INTRODUCTION 2 EXISTING FACILITIES 3 ISSUES 4 ALTERNATIVES ., 5 RECOMMENDATION Fn w w w r� G CH/dn/R-S -1 /toc. rpt HAI #92-023.00 ao r M r. "' 1.01 BACKGROUND SECTION 1 INTRODUCTION .. As an element of land development discussions between the St. Paul Corporation (hereinafter referred to as the developer) and the City of Sebastian, the proposal of transferring the existing utilities of Sebastian Lakes to the City was presented. The City requesthd time to evaluate this proposal on its merits, and respond to the developer relative to this situation. 1.02 SCOPE The scope of services for this evaluation involved compiling and analyzing documents associated with present utility functions as provided by the owner and the Florida Department ,. of Environmental Regulation (FDER); inspecting the existing facilities at Sebastian Lakes; discussing the existing facilities with the owner and the owner's representatives, as well as FDER; evaluating the proposal made by the developer to the City; developing alternative proposals which Hartman & Associates, Inc. (HAI) felt were appropriate in this matter; and recommending a course of action for the City to implement regarding this situation. 1.03 AUTHORIZATION This report was authorized by the City of Sebastian by the April 7, 1993 dated letter from Mr. .. Richard B. Votapka, P.E., Utilities Director. 1.04 ACKNOWLEDGMENTS This analysis was conducted by HAI with Mr. Gerald C. Hartman, P.E., and Mr. Harold E. .� Schmidt, Jr., P.E., as the principal investigators. We appreciate the fine City staff support provided by Mr. Robert S. McClary, City Manager; Mr. Bruce Cooper, Director of Community Development; and Mr. Richard B. Votapka, P.E., City Utilities Director. We acknowledge the cooperation of the owner and their representatives, including Ms. Cheryl .. Black Freindlich of Chase -Manhattan Bank; Mr. John A. Redmond of Allen Engineering; and Mr. Carl Zubek, contract operator for the facility. Finally, we acknowledge the information and cooperation from the following FDER representatives: Mr. Tom Powers, Melbourne .o GCH/dn/ch/R-S-1/Secl.rpt HAI 1192-023.05 1-1 FDER Inspector; Mr. Lee Miller, Orlando FDER Regulatory Specialist; Mr. John Armstrong, "' Orlando FDER Engineering; and Ms. Sarah Whitaker, Orlando FDER Groundwater Section. F� M G, 0% r AI M M ma so • GCH/dn/ch/R-S-1/Secl.rpt "` HAI #92-023.05 1-2 SECTION 2 EXISTING FACILITIES M 2.01 WASTEWATER PLANT AND PERCOLATION PONDS „ A. Inspection _ On Wednesday, April 14, 1993, Mr. Harold E. Schmidt, Jr. P.E. inspected the Sebastian Lakes wastewater treatment plant (WWTP) with Mr. Richard B. Votapka, P.E. The Sebastian Lakes WWTP is a 60,000 gallons per day (gpd) extended aeration/activated sludge facility with effluent disposal to two (2) percolation ponds. The total area on which the WWTP and percolation ponds are located is approximately 3 acres. Presently, the WWTP is treating approximately 8,000 gpd of raw wastewater. Wastewater is pumped up to the WWTP from an on-site lift station which consists of two (2) submersible pumps of an unknown make and capacity. In addition, the _ condition of the control panel could not be inspected since it was locked and keys to open it were not available. The wastewater enters the WWTP and flows through a steel splitter box which is a structure that sits atop the surge tank. This splitter box consists of a manually cleaned bar rack and an overflow weir which diverts the flow to the surge tank. The steel structure is noticeably corroded. The surge tank is a precast concrete Marolf type structure that is 12 feet 6 inches long, 8 feet wide and a sidewater depth of approximately 16 feet. These dimensions equate to a structure with a capacity of approximately 12,000 gallons. The surge tank is also equipped with two (2) submersible pumps of an unknown manufacturer or capacity. _ The screened raw wastewater then flows by gravity to the fust of the five (5) aeration basins. Each of the aeration basins are hydraulically connected and are also Marolf type precast concrete structures of identical size and capacity as the surge tank. Air is supplied to the aeration basins via a 3 -inch galvanized steel air header pipe. Each •• aeration basin had one (1) drop pipe from this main air header line. The air supply was operated on a timer and appeared to turn on twice for approximately 15 minutes every hour. _ From the aeration basins the mixed liquor suspended solids (MISS) flow by gravity to one (1) of the two (2) clarifiers. Based on measurements taken, the clarifier tankage GCH/dn/R-S-1/Sec2.rpt '� HAI #92-023.05 2-1 was identical in size and capacity to the aeration basins and surge tank. The clarifiers are equipped with just an overflow scum pipe, not a weir in the center of each unit. As a result, much of the scum and floatables in the clarifiers are discharged into the •� chlorine contact chamber. Each clarifier is equipped with an air lift that either can waste the sludge to the aerobic digesters or return it to the aeration basins. The chlorine contact chamber consists of a precast concrete tank of unknown capacity. Chlorine is added at the chlorine contact chamber using two (2) Regal Model 410 gas ., chlorinators each with a capacity of 40 pounds per day (lbs./day). The chlorine is supplied by two (2) 150 pound chlorine cylinders that sit on a Pennwalt dual scale. The chlorine room could not be inspected since the doors were locked and an entry key was not available. Moreover, it was difficult to determine whether or not an exhaust •. fan and chlorine leak detector was installed. .. There were two (2) aerobic digesters, each being a precast concrete structure similar in size to the surge tank and aeration basins. Air was supplied to the digesters with a manifolded air header and one (1) drop pipe in each digester. There were two (2) gravity sand filters, each with a diameter of 4 feet. The filters were not in operation and appeared to not have been used recently. The effluent flows by gravity to one of two (2) percolation ponds. The ponds were overgrown with cattails and appeared to be very wet, particularly for a flow of slightly .. over 13 percent of the design flow. M All process piping was above -ground and was laid on top of the tanks. The above- ground piping consisted of: • Schedule SO polyvinyl chloride (PVC) pipe for the raw wastewater, return and waste sludge lines, sludge airlifts, effluent and chlorine feed. • Galvanized steel pipe for the air lines. Other than the chlorination equipment and submersible pumps, whose manufacturer and _ capacities were unknown, there was some equipment located in a building west of the WWTP. This equipment housed the irrigation equipment (i.e., centrifugal pumps and GCH/dn/R-S-1/Sec2.rpt HAI #92-023.05 2-2 hydropneumatic tank), as well as the blowers and emergency generator for the WWTP. There were two (2) Lamson positive displacement blowers of unknown capacity. Each blower was powered by a 1- hp motor. The emergency generator was a Kohler Fast Response II with a capacity of 60 kw. M B. Additional Information Two (2) percolation ponds were designed for a total of 60,000 gpd. These facilities a were never load tested. Since inception, the ponds have never been used at 20 percent of capacity. We observed that the ponds were wet during a dry period. We expected to observe one pond totally dry. We were unable to locate a soils report for these ponds. There is no record or evidence that we found that the ponds had ever been .. scraped or cleaned of organisms. The existing wastewater treatment plant is an activated sludge facility, which in the extended aeration mode has a capacity of 60,000 gpd. A Daytona Beach contractor constructed this facility. Within the modules of the plant, flows are conveyed either by gravity or via air lift piping. The existing lift station has 3-phase power and 90 -amp breakers. The present engineer believes that station has Goulds pumps of low head and rated probably at 150 gpm± .. estimated at 3 HP each (2 pumps). 2.02 SUMMARY OF WASTEWATER MONTHLY OPERATING REPORTS Mr. Carl Zubek, a "C" licensed operator, is the daily operator. The past twelve (12) months operating records show an annual average flow of 7,250 gpd. Flows vary from 5,000 gpd to 10,000 gpd. All monthly reports reflect compliance with FDER operating requirements. Table 2-1 presents a summary of the data. ,.. Mr. Carl Zubek stated that the plant is classed as a Category 2 Class C facility pursuant to Chapter 17, Florida Administrative Code (FAC). The flows' normal average is around 6,000 .. gpd. The plant performance has been fine. Mr. Zubek reported that sludge is removed once every six (6) months. 00 GCH/dn/R-S-1/Sec2. rpt 06 HAI #92-023.05 2-3 M M TABLE 2-1 MONTHLY OPERATING REPORT SUMMARY SEBASTIAN LAKES WWTP Capacity: 60,000 gpd Percent Used & Useful: 20% (including 20% margin of reserve) GCH/dn/R-S-1/2-1. tab HAI #92-023.05 PIM, Average Regulatory Month/Year Flow Compliance April, 1992 10,000 Yes May, 1992 8,000 Yes June, 1992 5,000 Yes July, 1992 5,000 Yes August, 1992 5,000 Yes September, 1992 5,000 Yes October, 1992 5,000 Yes November, 1992 6,000 Yes December, 1992 8,000 Yes January, 1993 10,000 Yes February, 1993 10,000 Yes March, 1993 10,000 Yes 4/92 - 3/93 Average 7,250 Yes Capacity: 60,000 gpd Percent Used & Useful: 20% (including 20% margin of reserve) GCH/dn/R-S-1/2-1. tab HAI #92-023.05 PIM, M M 2.03 SUMMARY OF PRESENT SERVICE AREA The franchised service area contains 66.951 acres of land. The customer base appears to be +� comprised of: 64 Sewer ERC's in Condominiums 2 Master Association Connections (ERC's unknown) A 1 County Library Connection (ERC's unknown) - 67 Customers Since $1,469 appears to be a base billing month and the fixed minimum combined water and sewer charge is $21 per month (includes 3,000 gallons usage), we assume that approximately 70 ERC's total are served. The apparent 70 ERC's approximate the total of 67 customers of the system. 2.04 SUMMARY OF REGULATORY INVESTIGATION Mr. Tom Powers of the Melbourne Office FDER reported no inspection problems in the past two (2) inspections. This plant's latest FDER inspection was on August 26, 1992, with no deficiencies. The Indian River County (IRC) Environmental Health Department reports no deficiencies, complaints or apparent health problems. The operating permit does expire on December 15, 1993 (see Appendix D). This facility is not on the Indian River Lagoon package plant list for abandonment, modification, or improvement. It was not classified as a public health threat. Mr. John Armstrong, an engineer at the Orlando Office FDER, reported that the WWTP had leakage apparently caused by differential horizontal movement of the structure. He said a brace and elastic sealant was used to patch the problem (see Appendix E). Mr. Lee Miller of the Domestic Water Orlando Office FDER, said they only built the 60,000 gpd facility and all other permits have lapsed and are now void. He thought the IRC regional wastewater transmission main would take this facility off-line. Mr. Miller thought that the .. developer was given notice that sewer service was available from IRC and the developer would be required to tie-in at his cost, pay IRC capacity fees, and would appropriately abandon his facility. M G CH/d n/R-S-1 /Sec2. rpt HAI #92-023.05 2-5 .. Ms. Sarah Whittaker of the Groundwater Orlando Office FDER, was the last contact on May 3, 1993. No groundwater monitoring is required. FDER only needs a response from a basic data request regarding the monitoring wells. 2.05 SUMMARY OF PLANT OPERATING COSTS Table 2-2 and Appendix G summarize the operating costs of the combined water and sewer _ utility. The system is expected to lose about $21,000 in 1993. There may be structural problems with the system. The effluent disposal system has not been tested at capacity (load test). The permit expires on December 15, 1993, and several costs will be incurred for a renewal in the short-term. The above is at zero debt or at zero payment for the system. M 2.06 WATER SERVICE Water service is provided via a master meter from the General Development Utilities, Inc. (GDU) system. Sebastian Lakes pays the minimum meter charge, and the consumption charge for water at the tariff retail rate. u, M GCH/dn/R-S-1 /Sec2.rpt '� HAI #92-023.05 2-6 .. TABLE 2-2 BUDGET SUMMARY �l) SEBASTIAN LAKES WATER AND SEWER UTILITY 1993 Description Amount Total Revenue $20,028 Operating Expenses ($37,000) �. Administrative Costs ($2,900) Debt (Principal & Interest) (2) 0 .. R&R Fund (3) ($501) Franchise Fee (3) 544 TOTAL ($20,917) Cl M Notes: (1) See Appendix G for detail. (2) Assumed to be zero. (3) Pursuant to Ordinance No. 0-85-16. GCH/dn/R-S-1 /2-2. tab HAI #92-023.05 2-7 NOTE: LANSDOWNE DR. APPROX. 270 FT. NORTH N P e� ROSELAND ROAD �c `� C.R. 505 Q-' / 6" INDIAN RIVER COUNTY FORCE MAIN APPROX. SCALE: 1"=100' " (4) 2" MONITOR WELLS 60,000 GPD -!- WWTP NOTE: NORTH INDIAN RIVER COUNTY LIBRARY ADJACENT TO THE SITE TO THE WEST. S TO R M WATE POND WATER MASTER M ETER NOTE: ROSEBUSH TERR. APPROX. 160 FT. SOUTH MM ®LEJ HARTMAN & ASSOCIATES, INC. SEBASTIAN LAKES �® `"yinc s, rydroywloyda, sury yom h manycmrnl consullanls WASTEWATER PLANT AND FIGIRE zyi W ME sn¢n - wirt may - oKi . n 32MI PERCOLATION PONDS aEle E (W) 839-39Z - FM (a7) M -3M SECTION 3 .. ISSUES am 3.01 INDIAN RIVER COUNTY COORDINATION At this time, the only practical (cost-effective) facilities program would involve tying the Sebastian Lakes facilities into the Indian River County (IRC) force main under the present City -County Agreement. The issue of capital charges and the trade -out of capacity per the existing agreement needs to be discussed with IRC. 3.02 GRANTING LAND, EASEMENTS AND FACILITIES Free and clear title to all assets transferred to the City, as well as appropriate easements and ., fee simple land (for the pump station), are necessary to be donated by the developer to the City. 3.03 INTERIM OPERATIONS AGREEMENT ., An interim operations agreement is needed which would make the developer responsible to pay for operations and to keep permits active for the WWTP and percolation ponds until such time as the IRC coordination and interconnection facilities are in place. M 3.04 PROPER ABANDONMENT AND SITE RESTORATION If the land underlying the plant and ponds reverts to the developer, then the developer must appropriately abandon and restore the site. M 3.05 GDU WATER SERVICE We assume the developer will maintain service with GDU. M .. on GCH/dn/R-S-1/Sec3. rpt HAI #92-023.05 3-1 3.06 CITY FRANCHISE Ordinance No. 0-85-16 (see Appendix B) clearly places the responsibility of appropriately operating facilities within the franchise area upon the Grantee - Sebastian Lakes - until the year 2005. Other provisions of the franchise must also be complied with. 3.07 ADEQUACY OF EFFLUENT DISPOSAL Based upon limited work involving SCS site soils designations, the level of the apparent groundwater (as indicated from adjacent stormwater ponds), the wet/moist condition of the percolation pond bottoms at minimal loading rates, the vegetation in the area, and the size and configuration of the facilities would indicate that attaining 60,000 gpd on an annual average ., basis with the present facilities is suspect. An estimate of actual capacity was outside of the scope of this report; nonetheless, we do not accept the 60,000 gpd percolation pond capacity .. without a proper long-term load test or similar verification activity. 3.08 STRUCTURAL INTEGRITY OF WWTP, REMAINING USEFUL LIFE OF CERTAIN COMPONENTS, FUTURE NEED OF IMPROVEMENTS Much of the plant piping is run on top of the tanks. The materials and equipment with respect to plant piping, valves, header, concrete modular units and chlorine contact tank probably will .. require replacement prior to the end of the franchise. Since differential settling is apparently occurring, the structural integrity of the units become suspect. The value of the concrete plant and appurtenances (in contrast to the blower and auxiliary power building) may be marginal and may represent latent defects with a future burden of repair. W M M GCH/dn/R-S-1 /Sec3. rpt HAI #92-023.05 3-2 M SECTION 4 ., ALTERNATIVES M 4.01 GENERAL Conceptual estimated costs are integral elements to the alternatives evaluation. The estimates involve the cost of a tie-in to the 6 -inch force main owned by Indian River County (IRC), the cost of capacity for the existing units (70±), the cost of site restoration, the salvage value of the existing facilities, and the assumed land value of the specific two (2) acre site and the improved use of over four (4) acres of property. Our estimates are shown on Table 4-1. M 4.02 ST. PAUL CORPORATION PROPOSAL The St. Paul Corporation, a subsidiary of Chase-Manhatten Bank, is the current owner of the Sebastian Lakes development. Their proposal involves the dedication of the water and sewer system to the City with land and necessary easements, the termination of the franchise, the ., payment of fees due to the City, and the transfer of renewal and replacement account balance to the City. St. Paul Corporation would be responsible for securing and paying for all prevailing water system fees, charges and capital contributions. St. Paul Corporation would build and dedicate all future on-site sewer system, collection system and customer service facilities to the City at no cost to meet their development needs, all subject to the City's review and approval. There are no customer deposits to be transferred to the City. There are no ,., capital capacity fees to be transferred to the City. At closing the City will assume no vendor debt or liability other than the responsibility to provide service to a total of 200 sewer ERC's (the existing 70± ERC's plus an additional 130 ERC's) at no capital charge, capacity fee or like fee (free). An ERC is an equivalent residential connection which is used interchangeably with ERU, which is an equivalent residential unit. The above is our understanding of the proposal. The above proposal was made when the St. ■+ Paul Corporation believed it owned a plant with a total of 400 ERC's of capacity. The intent was to split the available capacity 50/50 with the City. .r Using the franchise agreement, Exhibit B, page CDA:58, one ERC or ERU is 250 gpd. To obtain 400 ERC's, the plant and disposal system would need a capacity of 100,000 gpd. GCH/dn/R-S-1/Sec4.rpt 4-1 �' HAI #92-023.05 (1) IRC = Indian River County AC = Acre ERC = Equivalent Residential Connection G CH/dn/R-S-1 /4-1. tab HAI 92-023.05 4-2 TABLE 4-1 SUMMARY OF CONCEPTUAL ESTIMATED COSTS ESTIMATES - SEBASTIAN LAKES Description 1) Estimate •. 1. Tie-in to IRC 6" Force Main Construction Cost $20,000 2. Capital Cost of Capacity (IRC) a. Flow Based Impact Fees $122,448 b. ERC Based Impact Fees $178,570 3. Cost of Site Restoration $18,500 Removal and Abandonment 4. Salvage Value of Assets ($10,000) 5. Restored Land Value ($40,000) (Assumed at $20,000/AC.) (1) IRC = Indian River County AC = Acre ERC = Equivalent Residential Connection G CH/dn/R-S-1 /4-1. tab HAI 92-023.05 4-2 M Using the present flows for the existing 70± ERU's, an ERU equals about 143 gpd. On this basis, all ERU's are seasonal condominiums with low sewage flow generation in a high density configuration and without significant inflow and infiltration, and are primarily inhabited by •• singles and couples. On this basis, the 60,000 gpd flow is justified. It is doubtful that all of the above will be held true with future customers. The first flaw is the assumption that commercial and off-site uses will have the same flow generation as the condominiums. This will probably not occur. The second flaw is the time lag to increase the number of units over 200 by the St. Paul Corporation before which the City could collect capital charges. Only 64 of these units have been constructed since the early 1980's. The third flaw is that at 200 units this plant and percolation pond system may be at capacity or over capacity such that there is no additional capacity available. The fourth flaw is that the system is expected to lose at least $21,000 per year. M The fifth flaw is that this site is not conducive to a regional facility. Therefore, the replacement capacity of the first 200 units at IRC's current $2,551 sewer impact fee charge per ERU is $510,200. Added to this cost is the following: (1) a tie-in cost of $20,000, and (2) a .. site restoration cost of $18,500. The facilities have little salvage value. The residual land has little if any value to the City (in fact it would be non-taxable). M A sixth flaw is the loss of tax revenues from the utility and loss of franchise fee revenues from the utility. In summary, for the above six reasons, we do not believe the St. Paul Corporation proposal is feasible for acceptance by the City of Sebastian. M 4.03 OPTION 1 - CITY OPERATIONS OF WWTP M This alternative involves the dedication of all assets, accounts, land easements and the like to the City with no liabilities. Approximately 70 ERC's (the existing customers only) would be assumed without capacity charges. All future infrastructure would be donated to the City free GCH/dn/R-S-1/Sec4.rpt 4-3 HAI //92-023.05 M M M M M .N /1 M so .. and clear for on-site water and wastewater lines to serve the proposed 240 residential units and the 14.5± acres of commercial property. To make this alternative feasible, the following would be necessary: 1. Payment to the City for the amount of $38,500 for the tie-in to the IRC force main and restoration of the plant site and percolation ponds. 2. An annual payment of the amount of $21,000 per year up front for each year of City operations until the tie-in. Pro -rated reimbursement would be made for that portion of the year which operation did not occur. 3. Payment of prevailing capital charges for all new (non -existing customer) ERU's to the City. 4. Payment of all current City water and sewer rates by the active customers. 5. Reversion of the treatment plant and percolation pond lands rough graded (excluding the pump station and necessary easements) to the developer within one (1) year after tie-in to the IRC force main. 6. A payment of $5,000 per year from the developer to the City for twenty (20) years for existing customers capacity credits. 4.04 OPTION 2 - NO CITY OPERATIONS OF THE WWTP This alternative involves St. Paul Corporation performing the tie-in, the site restoration, dedicating all assets, accounts, the pump station parcel, easements, access, and the like for both the water and wastewater systems to the City with no liabilities. All future water and sewer infrastructure would be donated to the City free and clear for on-site lines to serve the proposed 240 residential units and the 14.5± acres of commercial property. To make this alternative feasible, the County must make capacity available and the following would be necessary: GCH/dn/R-S-I/Sec4.rpt 4-4 HAI #92-023.05 1. Payment to the City in the amount of $122,448 for the existing customers. 2. Payment to the City of prevailing capital charges for all new customers and the �+ prevailing monthly fees and charges for all existing customers. M 4.05 NO ACTION _ The no action alternative maintains the status quo. St. Paul Corporation would continue to operate the facilities at continually greater annual costs. The present permit No. DO31- 156174 expires December 15, 1993. The previous permit No. DC31-114595 expired and is void. The developer would have the following regulatory costs prior to December 15, 1993: .0 1. Providing documentation for the existing monitor wells. M 2. Performing a capacity analysis engineer's statement. 3. Performing an operational performance report. r� 4. Cost of preparing a renewal application. 5. FDER permit fee for the application. Pursuant to the franchise - Ordinance No. 0-85-16 - the City will continue to receive three percent (3%) of the previous years' revenues, rate adjustments are limited to twenty percent (20%) every three (3) years, the City maintains its right for purchase, the renewal and replacement account will continue to build, and the value will probably not increase with time (consideration of CIAC and depreciation more than offsetting customer growth in a limited 67 - acre franchise area). Moreover, it appears that the sinldng fund disbursements to the restricted R & R account of 2.5% of the gross revenues per year were not reflected in the calendar year 1992 and the fust quarter of 1993 in the Monthly Operating Statement. We are unsure .. whether the apparent $261.25 paid to the City in franchise fees is sufficient and in compliance with the 3% of the previous year requirements. W GCH/dn/R-S-1/Sec4.rpt 4-5 HAI #92-023.05 LIST OF APPENDICES Appendix Title A Sebastian Lakes Proposal B Ordinance No. 0-85-16 C FDER Letter Dated February 15, 1993 D FDER Permit Number DO31-156174 E Lloyd & Associates Letter Dated November 9, 1988 F Allen Engineering, Inc. Transmittal Dated April 22, 1993 G Facsimile Dated April 21, 1993 from Freindlich GCH/dn/R-S-1/App. rpt HAI #92-023.00 APPENDIX A SEBASTIAN LAKES PROPOSAL Cheryl Black Freindlich Vice President 'Mbk. CHASE The Chase Manhattan Rank, N.A. Real Estate Finance Business _ 101 Park Avenue, 16th Floor New York, New York 10178 Phone: (21 2) 907-6589 City of Sebastian s POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 0 M E M O R A N D U M DATE: April 5, 1993 .. TO: Richard Votapka Utilities Director FROM: Bruce Cooper Director of Community Development REFERENCE: Analysis of Sebastian Lakes Utility The City of Sebastian has just received a check in the amount of $3,000.00 from Chase Bank of Maryland. These monies are in ., accordance with the City's agreement to have Hartman & Associates to conduct a thorough analysis of the Sebastian Lakes Treatment Plant to determine whether or not the City of Sebastian should obtain this land and facility under any arrangement. I have enclosed a copy of a letter dated March 24, 1993 from Barbara Hall which outlines their first proposal regarding the .. extension of Sebastian Lakes PUD. Please refer to item #3 in relation to the sewer utility. Please contact me as soon as you have received the feasibility study in order for us to sit down with Sebastian Lakes representatives to finalize our agreement. Thank you. M BC/gk votapka.wp s s ^en✓d ]- Adkr ..do C. At... l i.d. C. A.d,c U... Maw .mid It. ^rn...n ..id C A.hb.m D.Hd T. Aaru ,rjcd W. 11—h . em L. X.r.h D.cie B.A. Bcnlord B.ids.1 11.t" ­M.rk E Bide.. ow.c. Ion Di.Iby 'ark D. 1110... Har✓d &.Em.. Bl.k. D, B wgpld ^r...i. & Brod... Jr. Y B.. cram. H. C.N. F.ance. M. Cw Michael J. Ch.rnie. �.p Chouck. < K Cobb L. Fronk Ca..l.r. J..... Rood D., Albcn A. del C 01- A" T. Dim..d I,•W A. DouAhonT William B. Eck rc... l. F.d.lmm Chuck. W. E&S" IH C.rT M. EP.rcla MbLcllc F..A,.• Arhie..e L. Fria.r.er R.bi. F. F"J . R.bw C. G., Tcrc.iu G.ro. W..d, Ga i. Rlc6.cd G Gamu Brw. K. Lon JrFr.Y Cd6..t L.. i. L. Gild— DN" H. GBe XW. Ki.h.rd 1. Gw. L�.c. G.d.hd., Al. 5. "Id Joel K. r4a .. 5.0.✓+ E. G.Ida... bNtt RH . T T 0 1 n£ Y S A T L A V 51c -.c. M. Celd.mi.h 1.—,6 G SIr-.n & f .dnm M.r.hw B. Gu.we Dims Grt.6.r6 hi'm, N. C.ccnb.,g 5mdn P. G...hl✓l li.brn L G. -man B✓b✓. A. H.L Pup A. Harp✓ F.od F. H� J. Chri.rT.. L. Hoo Alb.rm M. 11 r as C. Ikraa.da•Lm.ua Kdth G H.tri.k K.h C. 110a. L.M 1. HoBm.n G.,Nd 1. H."I.. Keith A. ].mc. M.Hia K.Ib Dind & Kod. r' .r6q E. Kd14 S.. 1. Kr-i.r R...W C L.F- 5tc.n. A. LodY 5..... & LpW. G.dY A. L.q.id.a N..c, B. 1. h W.Ac A. Lm.., D..id M. L.Y— Al.. S. Lcdamm M.h. H. UW..ld blr &LAm 14. n H. 1dp.11 C✓lo. E. Lumi. 7... P. Lumier Bnvs E. M..dmo.Eh R.b.ar P. M..i... AUr.d L NiAld [m I... H.¢m. pn.v.. Pedro 1. M. uan Fr p Jowl D. M. J. 1. H. L Jr. Robot R. M.D...W J.h. T. H.'. L..J. R. Me✓.I1v 1.ort L O'Bri.a kl. R. Olicke, Aeb.cca R. Orad Sh.ri L. Orl. - Dabhic M. Om1.dkY 5...m 1. P". M.nh.0 R. Pwma.ek 11 c . C. P.nc. Albcn D. QYcnml J.cl Rci..."' M.rk J. Re .a Lu. Reiw B✓rT 5.0 R""d W:u.clh & Rahi...o R.q.ol A. R.dryum Al.. H. R.l.ick M.r.i. S. R-- Rich.rd A. Avrob.um Ronald M. R.✓.w. D.Tid L R.0 G.. y A. 5..1 14.rk P. 5.1 -app MUM A. S.hulmm 1'..d lw U.Pim Paul A. S6.l.ein E.riq.. Sar. M✓l.m IL Sil.rrm.. stY H. sines C.rT A. SiPU. Barbara A. Hall r 30.5-7688236 March 24, 1993 y VIA TELEQQPY Mr. Bruce Cooper Director of Community Development City of Sebastian Sebastian, Florida 32978 Re: 4eha9ia1ekes IIcDT R_ Sk.bdr2 L..r. P. 5..ph..... Doo61a R. Th.rn6.rA R.b.n H. T. -n, R.:m J. W.66 Jd6c, W.Uh.r. D..id E. IHI. Bmdlurd A W< H.v✓d W. ol.iuk.r Rohe. C Whim Jo J..reld A. �"h T.m.Ihy D. W.U. Lind. G W..m. R L Rob.m d Ccv..., T. WaJT.c D.+1.. d Cw l AM.ld J. H.J1ma.. or C...ar AL.. S.locia. of Co.aa.l Brian J. Shen. oT C..uvel Marc M. Whew .1 Co...a1 7a 6u H. W.IG, ROI-li Dear W. Cooper: In response to your request I am providing you with a written outline of my client, St Paul Corporation's proposal to achieve a comprehensive solution to all of our issues with the City and to provide the property with certain development rights that will allow the client to effectively market the property. 1. St. Paul Corporation will give the City $65,000.00 to construct Laconia Road from Granduer Avenue to Fellsmere Road and will provide the City with copies of its completed plans for the construction of Laconia Road. If water management permits have not been obtained from the St. John's Water Management District, the City shall be responsible for obtaining those permits and St. Paul will reimburse the City for its costs in permitting up to $3000.00 G REENY ERG. TRA II N G. H O FF MAR. Lu OFF. R05 ER QULNTEL. P -A. 515 EAST LAS OLAS BOULEVARD FORT LAUDERDALE. FLORIDA 33301 305-765-0500 FAX305-765-1477 iSEE MIAMI FORT LAUDERDALE W E]T PALM BEACH JACKSORYILL£ TALLAHA Mr. Bruce Cooper March 24, 1993 Page 2 2. St. Paul Corporation will dedicate to the City the additional 20 feet required for an 80 foot corridor on Roseland Road. The construction of Roseland Road shall not be required until the development of commercial uses within the property. The City will cooperate with St. Paul Corporation in its efforts to obtain County road impact fee credit for the dedication of right of way for Roseland Road and for its construction. 3. St. Paul Corporation will convey to the Sebastian Lakes sewer utility and will convey to the City the lands on which the utility is located. In payment for that utility and for the land the City will grant to the property a credit which will entitle the owner of the property to 200 sewer connections to the City -operated utility without charge. In the event that the City ceases to serve the property prior to the time that 200 connections are obtained, the City shall ensure the property will continue to maintain such rights with any subsequent sewer service provider. 4. St Paul Corporation will provide the City with a check for 53000.00 within 10 days, 'Ile City shall use those funds to hire a consultant to prepare a feasibility study for the City with respect to the City's acquisition of the utility. 5. The City will enter a developer's agreement with St. Paul that would agree to allow the property to remain within the current comprehensive plan land use designations and remain within zoning designations that would allow the development of the remaining undeveloped property with general commercial uses in areas where that use is now permitted and allow the development of residential uses up to a density of 8 units to the acre on the remaining undeveloped property that is now designated as Medium Residential use under the City's Comprehensive Plan. This provision would not prevent a subsequent property owner from seeking a change in the land use and zoning to change some of the commercial areas to residential and/or to alter the density permitted. Any such request would be evaluated by the City based on it merits. The agreement would not oblige the City to approve any such change. 6. The developer's agreement would also recognize that the infrastructure improvements required for the development of the property have been determined in the agreement and that such improvements will provide adequate capacity on all affected roadways for the development of the remaining undeveloped property with uses that do not exceed the impacts of 145 acres of commercial uses and 240 residential units. This provision would not prevent the City from requiring minor improvements such as turn lanes to serve the site at the time that the uses are developed. The agreement would also exempt the property from any future roadway impact fees assessed to the property by the _Qy. GnsCN9EHc TAnURIG Mr. Bruce Cooper March 24, 1993 Page 3 In the interest of providing you with an outline in writing for tonight's meeting I have sketched the details of a comprehensive strategy to resolve the concerns of the City and protect the development potential of the property. Complete details will be worked out ovor the next two months. We are requesting that the City continue its public hearing for at least 60 days to allow the city's consultant to provide the City with a report on the utility issue and allow us to jointly reach written agreements on all issues. BAH/amc Yours truly, / Barbara A Hall (',Rt CNRF.RG TBAVRIC APPENDIX B ORDINANCE NO. 0-85-16 APPENDIX A—FRANCHISES Art. VIII ARTICLE VIII. SEBASTIAN LAKES UTILITY COMPANY—WATER AND SEWER* ORDINANCE NO. 0.85-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO SEBASTIAN LAKES UTILITY COMPANY, A FLORIDA CORPORATION, TO OPERATE AND MAINTAIN A WATER DISTRIBUTION SYSTEM AND SEWAGE COLLECTION SYSTEM WITHIN A PORTION OF THE CITY OF .. SEBASTIAN, FLORIDA; SETTING FORTH CONDITIONS AND PRIVILEGES ACCOMPA- NYING THE GRANT OF FRANCHISE; PROVIDING FOR RATES AND CHARGES, AND FOR SERVICE STANDARDS. CDA:49 go WHEREAS, the City of Sebastian finds it in the public interest to ensure that Sebastian Lakes Utility Company adequately provide high-quality water and sewer (wastewater) ser- vices; WHEREAS, the City of Sebastian finds it in the public interest to retain regulatory authority over the water and sewer utilities, to the extent allowed by law, because of the over-riding public health, safety and welfare considerations associated with the provision of this service; ., WHEREAS, the City of Sebastian finds it in the public interest to retain control over the use of public rights-of-way by water and sewer utilities to ensure against interference with the public convenience, to promote aesthetic considerations, to promote planned and efficient use ' of limited right -of --way space, and to protect the public investment in right-of-way property; WHEREAS, the City of Sebastian finds it in the public interest to ensure that high quality .. water and sewer service is maintained through a responsive compliant procedure; WHEREAS, Grantor is desirous of having made available to its citizens, in return for valuable consideration, certain water and sewerage facilities of sufficient size and capacity to serve its citizens at reasonable rates, and constructed in such a manner so that at such time as the Grantor may desire to purchase said facilities, that prospective purchasers of revenue bonds of the Grantor to be used in acquiring the funds to make such purchase can be assured ., that the facilities are adequate and satisfactory and will produce revenues capable of retiring said revenue bonds; WHEREAS, Grantee has indicated to Grantor that it is willing to undertake the instal- lation and operation of such facilities under a franchise from Grantor; and WHEREAS, the provision of such water and sewerage facilities is in the best interest of the health, welfare and safety of Grantor's citizens; Now, Therefore, BE IT ORDAINED by the City Council of Sebastian, Florida, as follows: *Editor's note—Printed herein is the water and sewer franchise adopted Sept. 11, 1985, by Ord. No. 0-85-16. Additions made for clarity are enclosed in brackets. CDA:49 go Art. VIII, § 101 SEBASTIAN CODE Section 101. Definitions[; Title]. [As used in this article:] A. "Grantee" shall mean the Sebastian Lakes Utility Company, its successors and as- signs. on B. "Grantor" shall mean the City of Sebastian, its successors and assigns. C. This ordinance shall be known as the Sebastian Lakes Utility Company Water and .. Wastewater System Franchise. Section 102. Grant of Authority. .. Grantor hereby grants to Grantee the right to construct, [and] maintain lift stations, force mains, manholes, sewerage treatment plant and other appurtenances, upon, along, under and over the roads, easements, ways and streets within the limits of this franchise, as its business may from time to time require in accordance with established practice with respect to water and sewerage construction and maintenance for the purpose of providing adequate sewerage collection and treatment services to Grantor and its successors and to the inhabitants within the limits of the franchise. Section 103. Limits of the Franchise. All persons, firms or corporations within and limited to the areas described and desig- nated in Exhibit "A' to this ordinance are hereby granted the privilege and right to receive from the Grantee water and sewerage services and all services incidental or necessary with respect thereto, and the Grantee shall not refuse to provide such sewerage services to any person, firm or corporation whomsoever for any reason whatsoever. Section 104. Duration of Franchise. The term of this franchise shall commence with the effective date of this ordinance and shall continue and remain in full force and effect for the period of twenty (20) years; provided however, should the Grantee surrender or abandon the operation and maintenance thereof, or fail to complete and put in operation the system as demand requires, or fail to comply with any of the provisions hereof, then in either of said events this franchise shall be forfeited, and the Grantor shall be entitled to purchase by voluntary agreement, or take by condemnation or by power of eminent domain, in accordance with Section 132 hereof, all property used and useful in the exercise of this franchise, situated within the limits of this franchise. Section 105. Grantor Supervision. The [a]foresaid construction, maintenance and operation of said sewerage facilities, both as to those portions of the same located within the limits of the franchise, shall be subject to the approval of Grantor and the plans and specifications for all of such construction shall first be approved by the same before construction is commenced. Grantor or its employees, officers CDA:50 M ^ APPENDIX A—FRANCHISES Art. VIII, § 108 or agents shall have the right to inspect the abovementioned sewerage facilities at any rea- Section 107. Assignment. sonable time. It is mutually agreed that the Grantee, subject to the approval of Grantor, has the right to mortgage, lease, convey, transfer or assign all of the property which it owns, including any Section 106. Franchise Consideration. and all equipment, pipes or appurtenances utilized in connection with the sewerage collection Within thirty (30) days after the first anniversary date of this grant and within thirty (30) system and sewerage treatment plant, subject to the following conditions: days after each succeeding anniversary date of this grant, the Grantee, its successors and That thirty (30) days' written notice of Grantee's intention to do so shall be communicated assigns shall pay to Grantor or its successors an amount which, added to the amount of all to Grantor, together with the original signed document evidencing said conveyance, lease, .� taxes, licenses, building permits and other impositions levied or imposed by the Grantor upon mortgage, assignment or transfer which shall indicate the name of the person or persons the Grantee's water and sewerage property, business or operations for the preceding tax year, o will equal three percent (3%n) of the Grantee's revenues from the sale of water and sewage Trec ee ^ collection and treatment services to residential and commercial customers within the limits of instrument, shall contain language which shall indicate to the lessee, mortgagee, assignee this franchise for the twelve (12) months preceding the applicable anniversary date. 'j?"ov , CDA:51 am Section 107. Assignment. It is mutually agreed that the Grantee, subject to the approval of Grantor, has the right to mortgage, lease, convey, transfer or assign all of the property which it owns, including any and all equipment, pipes or appurtenances utilized in connection with the sewerage collection system and sewerage treatment plant, subject to the following conditions: That thirty (30) days' written notice of Grantee's intention to do so shall be communicated to Grantor, together with the original signed document evidencing said conveyance, lease, ^ mortgage, assignment or transfer which shall indicate the name of the person or persons or legal entity to whom said land has been sold, mortgaged, leased, assigned or trans- ferred; and in addition thereto, said deed, lease, mortgage, trust deed, assignment or other ^ instrument, shall contain language which shall indicate to the lessee, mortgagee, assignee or transferee that said conveyance, lease, mortgage, assignment or transfer is subject to the terms of this franchise and all of the obligations and duties contained herein; and that ^ said lessee, mortgagee, assignee or transferee shall, by accepting a conveyance, lease, mortgage, assignment or transfer of the same, agree to assume the obligations of this franchise as part of the consideration therefor. ^ Section 108. "As Built" Drawings. Upon the completion of all construction of the water and wastewater treatment plants and distribution and collection systems, the project engineer for the utility shall certify, under seal, that the system has been constructed substantially in accordance with the plans and specifi- cations previously approved and that the systems meet all of the standards required by the city. The certification shall include submission to the city of two (2) sets of "as built" (as defined by the city) drawings, consisting of one (1) set in reproducible vellums and one set of ^ regular blueline prints; and that the systems meet all of the standards required by the city, including pressure and leakage tests, chlorination and bacteriological tests, infiltration and exfiltration tests. CDA:51 am Art. VIII, § 109 SEBASTIAN CODE i Section 109. Rate Adjustment. It is recognized by the parties that the rate charged by Grantee for the disposal of Grant- or's sewage and the providing of water under this agreement represents recovery of variable costs and fixed costs, as well as amortization of return on Grantee's investment in the respec- tive systems. Over the term of this agreement, it is recognized that variable costs may fluc- tuate. With the possibility of this fluctuation in mind, the parties agree that at the end of any three (3) year term hereof, either party may, upon the advice of its consulting engineer, request a rate revision for the next ensuing three (3) year term, to reflect changes in variable costs. Such variable costs shall include energy, water, chemicals and labor used in the normal operation of the systems. The consulting engineers of each of the parties shall meet and determine whether a rate adjustment is justified after reviewing all such costs. In the event the engineers cannot agree on a rate adjustment, they shall, by agreement, appoint a disinterested engineer who shall review the cost figures and shall determine whether a rate adjustment is justified, and if so in what amount. Such determination shall be binding 3 upon the parties. However, in no event shall a rate adjustment for any three (3) year term �°!d exceed twenty percent (20%) of existing rates. Rate increases are subject to the approval of the city council after public hearing thereon. Section 110. Systems Cost Data. As construction of said facilities progresses and when the construction is completed, Grantee shall furnish the Grantor annually within thirty (30) days after the anniversary date of this grant, proof of the costs and expenses of such construction. If Grantor seeks to purchase the facilities as is hereinafter set forth, said cost or expense of figures or cost or expense items shall .. not be conclusive as to a reasonable purchase price but shall be evidence thereof. M M .Section 111. Financial Reports. pL p The Grantee shall submit to the Grantor annual financial statements showing its finan- cial I��� p� condition and its operations for the preceding year, including customer accounts, opera- tional expenses, gross and net income. Grantor may use these data to determine the earning capacity of the facilities, the reasonableness of its rates, and the advisability of Grantor purchasing the facilities, and for other lawful purposes. Section 112. Right to Purchase. Grantor shall have a right to purchase the facilities of Grantee at any time during the life of this franchise. Section 113. Restoration. The Grantee shall restore all streets, alleys, sidewalks, highways, easements, bridges, and other public places to their original condition after excavation or other disturbance by Grantee. CDA:52 APPENDIX A—FRANCHISES Art. VIII, § 118 In case any obstruction caused by Grantee shall remain longer than three (3) days after notice to remove same, or in case of neglect of the Grantee to protect dangerous places by proper guards, the Grantor may remove the obstruction or alleviate the danger and charge the Grantee for cost incurred thereby. �. Section 114. Subordination Provision. The construction, maintenance and operation of the said facilities shall be subject to all of �+ the ordinances of the Grantor relating to construction and zoning. Section 115. Indemnity. ., The Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the Grantee of the systems hereunder, .� and the acceptance of this ordinance shall be deemed an agreement on the part of the Grantee to indemnify the Grantor and hold it harmless against any and all liability, loss, cost, damage or expense, which may accrue to the Grantor by reason of the neglect, default[,] misconduct or �+ strict liability of the Grantee in the construction, operation, or maintenance of its facilities hereunder. Section 116. Severability. If any part (court] of competent jurisdiction shall determine that any provision hereof is invalid, illegal, unenforceable, or otherwise prohibited, or if any federal or state governmental agency shall establish or interpret any law, rule or regulation by which any provision hereof becomes invalid, illegal, unenforceable or otherwise prohibited, such portion shall be deemed .. a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof-, except that the Grantor may declare this franchise terminated if it finds the invalidated provision to be an essential part of this franchise. Section 117. Service Standards. Grantee will maintain and operate all of said facilities in good working order in accor- dance with established engineering practices and recommendations at all times, and will, at its cost, make such additions and improvements to its plants and facilities as are necessary to .� provide adequate service to all of the area covered by this franchise. The provision is subject to all other provisions of this franchise pertaining to the construction of facilities. Section 118. Construction Schedule. Grantee shall proceed expeditiously to construct such part of the plant and systems as OR shall be necessary to serve water and wastewater demands in the area covered by this fran- chise as needed, and to maintain said plants and other facilities in a sufficient capacity to handle the requirements of the then utility service demands in the area covered by this no franchise. CDA:53 no M Art. VIII, § 118 SEBASTIAN CODE All of the facilities to be owned and operated by Grantee shall be planned and designed by professional engineers of the State of Florida. The contract or contracts for the construction of all facilities shall be awarded by Grantee to reputable contractor or contractors. The Grantee shall have the right to examine and concur in the design of all facilities, but concurrence shall not be arbitrarily or unreasonably withheld. Failure by Grantor to advise the Grantee in _ writing of its non -concurrence in the design of any facilities and to assign in writing Grantor's specific reason or reasons for such non -concurrence within ten (10) days after Grantee has submitted to Grantor such design shall be deemed a concurrence by Grantor in such design. Section 119. Capacity to Serve. Grantee will, at its own expense, provide the necessary capacity to service the area. Section 120. Rates. The rates and charges for use of said facilities by the Grantor, and its successors, and the ' inhabitants, property owners and corporations within the limits of this franchise, shall at all times be reasonable and subject to such regulations as may be provided by law. The initial _ water and wastewater rates shall be as set forth in Exhibit 'B" hereto. Section 121. Public Nuisance Prohibited Said systems shall not be constructed, maintained and operated so as to cause pollution of any kind to the waterways, wetlands or groundwater aquifers within the limits of the fran- chise area and said facilities shall not emit dust, dirt, smoke, noise, odor, fumes, or vibrations .. in quantities and constitute a public or private nuisance or substances which possess an abnormal explosion hazard. Grantee shall landscape the plants to be erected by it so as to screen the facility from view in an attractive manner and shall maintain the same in an attractive manner at all times. Section 122. Rule Malting. The Grantee may issue from time to time necessary rules and regulations relating to the maintenance and operation of its facilities and relating to the time, manner and place of collection of its authorized charges and rates, and the Grantor will further assist therein by enacting such ordinances as shall reasonably be necessary and in the public interest in order to aid and assist the Grantee in collecting its authorized charges and rates and prevent tampering with, injuring or destroying the Grantee's property or interference in any way with the operation of the Grantee. Section 123. Complaints. All complaints shall be resolved by Grantee within twenty-four (24) hours. Grantee shall, upon request by Grantor, supply Grantor with copies of all complaints and indicate the dis- position of each. Such records shall be available to inspection by Grantor at all times during business hours specified herein. The form shall indicate the day and hour on which the CDA:54 APPENDIX A—FRANCHISES Art. VIII, § 127 complaint was received and the day and hour on which it was resolved. When a complaint is received on the day preceding a holiday or on a Saturday, it shall be serviced on the next working day. The Grantee shall establish procedures to insure that all customers are notified as to the complaint procedure. Section 124. Monitoring Performance and Compliance. In order to fully implement the provisions of this franchise, a panel for the review of the quality of services provided for in this contract shall be created, to consist of three (3) members, one (1) member representing the Grantor, one (1) member representing the Grantee, and third independent member chosen by the previously named two (2) members. It shall be the function of this committee to review, report and make recommendations to the Grantor regarding the quality of services provided for herein. For the purpose of this function, "service" shall be defined as the performance of the duties, tasks and obligations of the Grantee enumerated r. herein and the performance of such other duties, tasks and obligations as are generally and reasonably regarded as incident to the safe and satisfactory discharge of responsibilities in the water and sewer industry. Section 125. Termination of Service. .. Grantee shall have the right to discontinue service to any consumer who is found to have violated any valid rule and regulation prescribed by Grantee under this franchise and ap- proved by the Grantor or who shall fail to pay, within sixty (60) days after the same comes due, any charges legally made by the Grantee for services supplied. Grantee shall not be obligated to renew service after such discontinuance, unless and until the customer shall have reim- bursed Grantee for its expense incurred in the discontinuance and renewal of service. A consumer whose service has been discontinued at one residence, or place of business, will not have the right to require service to be renewed at another residence or place of business until all demands of the Grantee for legitimate charges and expenses against said consumer shall have been met. Section 126. Fire Hydrants. In consideration of the rights and privileges herein granted, Grantee shall install fire hydrants along the water mains located within the geographical limits of the Sebastian Lakes Subdivision at locations as will meet the standards specified by city ordinances. .. Section 127. Taxes. If, during the life of this franchise, or any extension thereof, Grantor shall elect to levy a tax upon the charge made by Grantee to its customers for the sale of water or sewerage wastewater, Grantee shall collect the amount of such tax from its customers for use and benefit of Grantor at the time of collecting the price charged for the sale of water. All such taxes levied and collected during the preceding month shall be reported and paid over on or before the CDA:55 Art. VIII, § 127 SEBASTIAN CODE ., fifteenth (15th) day of each calendar month to Grantor less any administrative costs, agreed to by Grantor from time to time, incurred by Grantee in the collection of such tax. Section 128. Renewal and Replacement Account. Two and one-half percent (2Y2%) of the gross receipts of the utility shall be placed in an interest bearing renewal and replacement account for purposes of renewal and/or replacement of the capital assets of the water and/or wastewater system of the utility. Additionally, the utility shall initially fund said account with two thousand dollars ($2,000.00) which will also be reserved for capital maintenance items. Interest shall accumulate in said account until the account reaches twenty-five thousand dollars ($25,000.00); thereafter interest shall be paid to the utility annually. Said funds shall be used as sinking fund and applied only for renewal and/or replacement of the water and/or wastewater system by the utility as the need arises; the percentage required to be placed in the renewal and replacement account may be amended after review by the city as necessary to maintain a sufficient account balance taking into account the general condition of the system. The city is granted the right to make necessary repairs using said funds in the event of default on the part of the utility in maintaining proper ' quality standards. .. Section 129. Contractual Agreement. It is specifically agreed by and between the parties hereto that this franchise shall be .� considered a franchise agreement between the utility and the city and as such contractual instrument recognized under the statutes and laws of the State of Florida. This franchise agreement is not intended to create rights or actions running in favor of third parties, except as herein specifically provided. M Section 130. Default of Franchise. If the utility fails or refuses to promptly faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then council shall give the utility written notice of such deficiencies or defaults and reasonable time within which the utility shall remedy the same, which notice shall specify the deficiency or default. If the utility fails to remedy such deficiency or default within a reasonable time, the council may thereafter schedule a hearing concerning the same with reasonable notice thereof to the utility, and after such hearing, at which all interested parties shall be heard, the council may levy liquidated damages of up to on fifty dollars ($50.00) per day that said deficiency or default exists from the date of said hearing held by the council and the council may further limit or restrict this franchise or franchise territory or may terminate and cancel the same in whole or in part if proper reason thereby are found by the council. If the council enters an order pursuant to such hearing and the utility feels aggrieved by any such order, the utility may seek review of the council's action by filing a petition for writ of certiorari in the circuit court of the county. .o CDA:56 ON M APPENDIX A—FRANCHISES Exh. A Section 131. Execution of Franchise. [Separability.] If any word, section, clause or part of this ordinance is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. Section 132. [Acquisition by City.] Within a reasonable time after the city has notified the utility of its intent to terminate the franchise and to acquire the system, the franchise holder shall convey all of its facilities together with all easements to the city. Said conveyance by the utility shall be without encumbrance. At this time the franchise holder shall convey unencumbered all of its facilities together with all easements, to the city, without charge as to all property contributed to the utility; provided further, however, that the city shall have the right to purchase the remaining .. assets of the utility based on the average of the net original cost and a price as computed and agreed upon by three (3) competent and qualified appraisers. The city shall select an appraiser, the utility shall select an appraiser, and these two (2) appraisers shall mutually agree upon and select a third independent appraiser and these three (3) appraisers shall arrive at the value of the utility and the sales price involved. However, the city shall not be required to purchase and no value will be placed on additions or extensions to the system which were paid .� for as contributions -in -aid -of -construction by any person, firm or corporation other than the utility. The city shall not by condemnation or otherwise be required to pay to the utility any amount for goodwill or prospective profit, or other intangible, and the appraised value shall be based entirely upon physical assets only; and provided further that in the event said board of appraisers cannot agree as to the price to be paid by the city, then the city may file appropriate condemnation proceedings under Florida law. Exhibit A M - SEBASTIAN LAKES UTILITY FRANCHISE LEGAL DESCRIPTION _ PROJECT LOCATION'A' s. All that part of the Southeast 1/4 of Section 14, Township 31 South, Range 38 East, lying south of the Fellsmere-Sebastian Road (County Road 512) and also that part of the North 1/2 of the Northeast 1/4 of Section 23, Township 31 South, Range 38 East, lying south of the Fellsmere- Sebastian Road (County Road 512), less the right-of-way as recorded in O.R. Book 225, Page 186, of the public records of Indian River County, Florida. Said parcel of land being more particularly described as follows: From the Northeast corner of Section 23, Township 31 south, Range 38 East, run N 001*124'26" E, along the Section line for a distance of 1,398.19 feet to the Point of Beginning for the herein described parcel of land; CDA:57 M M Exh. A SEBASTIAN CODE Thence, run S 37`143145" W, along the southerly right-of-way line of the Fellsmere- Sebastian Road (County Road 512), for a distance of 3,460.96 feet; Thence, run N 891'144'50" E, for a distance of 2,139.12 feet; Thence, run N 001`29'14" W, along the Eastern Section line of Section 23, Township 31 South, Range 38 East, a distance of 1,329.77 feet, to the northeast corner of Section 23, Township 31 South, Range 38 East; Thence, run N 001`124'26" E, a distance of 1,389.19 feet to the Point of Beginning for the above described parcel of land. ON Subject to a 15 -foot -wide easement for electrical purposes records in O.R. Book 526, Page 20, public records of Indian River County, Florida. Said parcel of land contains 66.951 acres of land and lies wholly within Indian River County, Florida. Exhibit B SEBASTIAN LAKES UTILITIES WATER AND SEWER FRANCHISE Residential Units (Maximum charge based on maximum of up to 7,500 gallons per month). Sewer —Plant Impact Fee — $1,000.00/Residential Unit Usage Rate (fixed) — $12.00/month (first 3,000 gallons) Usage Rate (variable) — $1.40/1,000 gallons (3,000 to 7,500 gallons) Water — Usage Rate (fixed) — $9.00/month (first 3,000 gallons) .. Usage Rate (variable) — $1.60/1,000 gallons (all over 3,000 gallons) Commercial Sites (Residential equivalent unit -250 CPD). Sewer — Plant Impact Fee — $1,000.00/Residential Equivalent Unit* Usage' Rate (fixed) — $50.00/month (first 9,000 gallons) Usage Rate (variable) — $1.40/1,000 gallons (all over 9,000 gallons) Example: Commercial customer using 120,000 gallons per month: .� Minimum — $ 50.00 Plus excess — 120,000 less 9,000 gallons = 111,000 gallons x $1.40/1,000 gallons = 155.40 Total Commercial Bill $205.40 *To be paid from development company at time of sale of individual unit. M OR CDA:58 APPENDIX C FDER LETTER DATED FEBRUARY 15, 1993 M Floriaa Department of Enva. ,)nmental Regulation Ccntral District • 3319 Maguire Boulevard, Suitc 232 • Orlando, Florida 328033767 Lawton Chllm, Governor Virginia B. Wetherell.,(JJ� Scncnry -� t February 15, 1993 Allen Engineering, Inc. OCD -GW -93-1048 106 Dixie Lane Post Office Box 321321 Dixie Lane Cocoa Beach, FL 32932-1321 Attention: Mr. Donald F. Roberts, P.E. a+ Indian River County - GW Sebastian Lakes WWTP Ground Water Monitoring Requirements Dear Mr. Roberts: The Department has reviewed your request to exempt the above referenced facility ., from ground water monitoring. The current operation permit specifies that the facility capacity is 0.060 GPD. The monitoring well network, which was to consist of ten monitoring wells,was installed as a requirement of a construction Permit (Permit #DC31-114595) to expand the facility to a capacity of 0.18 MGD. The facility was never expanded and the construction permit has expired. Based on the current permitted capacity the Department agrees to exempt the facility from ground water monitoring. However, in order to complete our records please indicate which of the ten wells _ have been installed. The Department's letter dated January 22, 1993 requested that FDER Well Completion Reports be submitted for all wells. Please complete and submit these forms for any wells which were constructed and provide an 8.5x11 inch site map showing individual well locations with respect to the area .0 of effluent application. If you have any questions concerning the above contact Sarah Whitaker or Mohammad Maher Budeir of the Ground Water Section at (407) 894-7555. Sincerely, i �. i Carlos Rivero-deAguilar, P.E. Program Administrator Water Facilities CRA/2/3b ON • L L Florida Department of Environmental Regulation Central District • 3319 Maguire Boulevard, Suite 232 • Orlando, Florida 32803.3767 • 407.894-7555 rhsh Manlnex, Governor • Sebastian Lakes Utility c/o Lloyd & Associates, Inc. 1835 -20th Street • Vero Beach, FL 32960 Dale 7Wachttn2nn, Secretary SlJ/ k// 733 NOTICE OF PERMIT Attention: Robert F. Lloyd, P.E. John Shearer, Assistant Secretary Alex Alexander, Deputy Assistant Secretary r 4 �1�5r i rdi r r Indian River County - DW Sebastian Lakes Condominiums, S.T.P. • Dear Mr. Lloyd: J/ Enclosed is Permit Number D031-156174, dated, , to operate a • sewage treatment facility, issued pursuant to Section 403. 7, Florida Statutes. Persons whose substantial interests are affected by this permit have a ^ right, pursuant to Section 120.57, Florida Statutes, to petition for an administrative determination (hearing), unless the right to petition has been waived. The petition must conform to the requirements of Chapters 17-103 .. F.A.C., and must be filed (received) in the Department's Office of General Counsel, 2600 Blair Stone Road, Tallahassee 32399-2400, within fourteen (14) days of receipt of this notice. Failure to file a petition within that time constitutes a waiver of any right such person has to an administrative • determination pursuant to Section 120.57, Florida Statutes. The petition shall contain the following information; (a) the name, ^ address and telephone number of each petitioner, the applicant's name and address, the Department Permit File Number and the county in which the project is proposed; (b) A statement of how and when each petitioner received notice we of the department's action or proposed action; (c)'A statement of how each petitioner's substantial interests are affected by the department's action or proposed action; (d) A statement of the material facts disputed by Petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the department's action or proposed action; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the department's action or proposed action; and (g) A statement of the r relief sought by petitioner, stating precisely the action petitioner wants the department to take with respect to the department's action or proposed action. M • y This Order (Permit) is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above paragraph. Upon the timely filing of a petition this Permit will not be effective until further Order of the Department. Any party to the Order has the right to seek judicial review of the Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district Court of Appeal. The Notice of Appeal must be filed within 30 days from the date the Final Order is filed with the Clerk of the Department. Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION PA. Alexan er Deputy As istant Secretary 3319 Maguire Boulevard Suite 232 Orlando, Florida 32803 (407) 894-7555 FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date AA/lmm Copies furnished to: DER/Melbourne Office CERTIFICATE OF SERVICE This is to certify that this NOTICE OF PERMIT and all copies were mailed before the close of business on JAN 0 9 1989 to the listed persons. APPENDIX D FDER PERMIT NUMBER D031-156174 sal • Florida Department of Environmental Regulation Central District • 3319 Maguirc Boulevard, Suite 232 • Orlando, Florida 32803-3767 • 407-894-7555 Hob Marllncz, Governor Dale 7waehtmann, Secretary John Shearer, Anslstant Secretary Al" Alcmndcr. Drpury Aasisunt Scacury Permittee: I. D. Number: 3031P00454 Sebastian Lakes Utility Permit/Certification c/o Lloyd @ Associates, Inc. Number: D031-156174 1835 -20th Street Date of Issue: Vero Beach, FL 32960 Expiration Date: December 15, 1993 County: Indian River Attention: Robert F. Lloyd, P.E. Project: Sebastian Lakes Condominiums, STP This permit is issued under the provisions of Chapter(s) 403, Florida Statutes, and Florida Administrative Code Rule(s) 17-3, 17-4 and 17-6, F.A.C. .. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plana, and other documents attached hereto or on file with the department and made a part hereof and specifically described as follows: Operate: A 0.060 MGD design capacity contact stabilization wastewater treatment facility with surge control and dual sand filters. The disinfected reclaimed water is discharged to ground water via two (2) percolation ponds (38,000 + square feet total area with a design capacity of 0.120 MGD) and no discharge to surface waters. Location: County Road 512, West of Sebastian, Indian River County, Florida. Treatment Required: Secondary treatment and basic disinfection. d aeia%xtact3 p t, :eed-=4""Iff k: dbal. Operators Required: This is a Class C, Category II treatment facility. In accordance with Chapter 17-16, F.A.C. an operator of minimum certification Class C shall be on-site for one-half (1/2) hour per day for five (5) days per week and a weekend visit, as a minimum. Other Permits: DC31-114595, 0.180 STP Expansion. General Conditions are attached to be distributed to the permittee only. DER FORM 17-1.201(5) Effective November 30, 1982 Page 1 of 5 M 0 PERMITTEE: Sebastian Lakes Utility Attention: Robert F. Lloyd, P.E. SPECIFIC CONDITIONS: I. D. Number: 3031POO454 Permit/Certification Number: D031-156174 Date of Issue: Expiration Date: December 15, 1993 1. The required sampling shall be as follows: Parameter Recording or sampling Frequency TSS monthly BODS monthly ., pH daily, 5 days per week .i J Chlorine residual daily, 5 days per week Flow daily, 5 days per week Fecal coliform quarterly Nitrate as N monthly The sampling and analysis required above shall be in accordance with Chapter 17-19, F.A.C. and approved standard methods. Properly executed reports shall be submitted monthly to this office, by the 15th day of the following month. 2. Ground water monitoring shall be performed in accordance with the previously approved Ground Water Monitoring Plan. 3. Facilities discharging to groundwaters shall be operated and maintained at all times so as to prevent overflow or seepage of water to adjacent ground surfaces or runoff to surface waters. 4. The maintenance and operation log required pursuant to Rule 17-16.360(e), F.A.C., shall be stored on-site in a weather resistant structure. 5. The boundary of the zone of discharge shall be 100 feet from the site (wetted disposal area) boundary or to the installation's property boundary whichever is less. The zone of discharge shall be the volume underlying the surface within this boundary to the base of the unconfined aquifer. 6. Operational difficulties shall be immediately reported to both the local pollution control program and to the Department of Environmental Regulation. 7. Theermittee shall submit the p prescribed application and supporting data for an operation permit no later than 60 days prior to expiration of this permit. 8. The reclaimed water delivered to the land application system shall be adequately chlorinated at all times so as to maintain 0.5 mg/l total chlorine residual after a minimum contact period of 15 minutes (based upon peak flow). DER FORM 17-1.201(5) Effective November 30, 1982 Page 4 of 5 r� PERMITTEE: I. D. Number: 3031POO454 Sebastian Lakes Utility Permit/Certification Number: D031-156174 Attention: Robert F. Lloyd, P.E. Date of Issue: Expiration Date: December 15, 1993 SPECIFIC CONDITIONS: 9. Waste sludge disposal shall be in accordance with Rule 17-7, Part IV, F.A.C. Sludge which has not been analyzed pursuant to Rule 17-7.54(1) and (2), F.A.C. shall be disposed of at approved sanitary landfills or as otherwise provided in Rule 17-7.54(6), F.A.C. 10. Under normal operating conditions, maximum allowable wastewater level in any of the percolation ponds should be two (2) feet above the pond .. bottom. Once that level is reached, the pond should be rested (removed from use until next loading cycle). A staff gauge with graduation in feet and tenths shall be provided in each pond. To ensure optimum pond operation, hydraulic loading periods of 1-7 days, with resting periods of 5-14 days are recommended. Emergency overflow discharges shall not be allowed unless caused by storm '^ water events in excess of the 10 year -24 hour rainfall (more than 7.0 inches for any day)or the accumulation of rainfall greater than 10 inches for any three (3) consecutive days. To document the rainfall, it is required that rain gauge readings be taken at the same time each day. It should be noted that discharge is allowed only in amounts equal to the volume of excess rainfall (i.e., rainfall in excess of 7.0 inches for any ., day or the accumulation of rainfall greater than 10 inches for any three (3) consecutive days) times the surface area of pond(s). Within 24 hour of both commencement and ending of discharge the permittee must notify the event to the department in writing. Within 10 days a report must be provided containing information on the time of discharge, volume discharged, a log of daily rain gauge readings, and wastewater characteristics for pH, BODS, TSS, TN and TP. ISSUED /— G '-- STATE OF FLORIDA DEPA TMENT .. OF ENVIRONMENTAL REGULATION Alexan er Deputy Assistant Secretary 3319 Maguire Boulevard Suite 232 Orlando, Florida 32803 (407) 894-7555 DER Form 17-1.201(5) Effective November 30, 1982 Page 5 of 5 APPENDIX E LLOYD & ASSOCIATES LETTER DATED NOVEMBER 9, 1988 M M ■I1 0 LLOYD & ASSOCIATES, INC. ENGINEERS. ARCHITECTS, PLANNERS AND SURVEYORS (407) 562-4112 November 9, 1988 F1 Ruth S. McLemore Department of Environmental Regulation do 3319 Maguire Boulevard Suite 232 Orlando, Florida 32803 RE: Sebastian Lakes STP DC 31-095303 Job # 86-103 so Dear Ms. McLemore: 1835 20TH STREET VERO BEACH, FLORIDA 32960 In response to your letter of November 3, 1988 to the .. Permittee, please be advised that there have been ongoing efforts to remedy the leakage problem during the past few years - the most recent on October 4, 1988. These efforts have resulted only in temporary sealing and we are continuing our efforts to solve this problem. It is believed the cause of the leakage is differential horizontal movement between the upper and lower halves of the chlorine contact tank. We plan, within the next few weeks, to install bracing in the lower tank half and a more elastic sealant between the upper and lower halves to rectify the problem. Very truly yours, LLOYD & ASSOCIATES, INC. By /7>L7C Hal Simms an Sr. Engineer HS/ba A SUBSIDIARY OF L. ROBERT KIMBALL & ASSOCIATES. CONSULTING ENGINEERS & ARCHITECTS APPENDIX F ALLEN ENGINEERING, INC. TRANSMITTAL DATED APRIL 22, 1993 TransmittalF: 9 LLEN ngineering, Inc. APR 2 S 1993 P.O. Box 321321 Cocoa Beech, Florida 32932-1321 ;.i 4071783-7443 FAX 407 / 783-5902 TO HARTMAN E ASSOCIATES 201 E. Pine Street, Suite 1000 Orlando, Florida 32801 DATE April 22, 1993 ATTN: JERRY HARTMAN — PROJECT Sebastian Lakes WWTP - WE TRANSMIT: (XI herewith — ()0 in accordance with your request FOR YOUR: - - - AW OR ( ) approval ( ) distribution to parties ( ) review & comment ( ) record (� use ( ) THE FOLLOWING: )Drawings ( )Shop Drawing Prints ( ) Change Order (X) Operating Reports ( ) information COPIES DATE REV.NO. DESCRIPTION 12 Latest 12 months of operating reports The water meter for the wastewater plant was installed on Sept. 4, REMARKS 1992, with a reading of zero. Consumption was 8520 gal. to Sept. 21; 13,470 for period ending (PE) Oct. 21; 28,240 gal. for 60 day PE Dec. 23; 11670 for PE Jan. 20,1993; 13,900 for PE Feb. 19; 25960 gal a t PE Apr. 20. COPIES TO: r. BY: DONALD F. ROBERTS, P.E. APPENDIX G FACSIMILE DATED APRIL 21, 1993 FROM FREINDLICH " Sebastian Lakes Utility a Operating Income REVENUE Moro* Armat Master Association Sewer 100 1,200 Water 100 1,200 Condominium N Sewer 576 6,912 Water 768 9,216 M1 rrte�..t 1 ,brw^, n Sewer 50 600 Waw 50 600 Irrigation 25 300 N 1,669 20,028 LL W f 6 H N W J 6 W K E O LL 1 I I E ( - 1 I 1 1 1 1 1 CHERYL BLACK FREINDLICH CHASE MANHATTAN BANK, N.A. REAL ESTATE RNANCE 101 Park Avenue, 1 Sth floor New York, New York 10178 FAX Y (212) 551-2128 PHONE # (212) 907-6589 DATE: + 2 TO: 1; A FAX # 40-� NUMBER OF PAGES TO FOLLOW THIS COVER SHEET JJ —7 COMMENTS avc- acha o��tu eas 1ti 's ✓�� -firms (Rgf3 /V-] 'V 1 I I E ( - 1 I 1 1 1 1 1 FROM REAL ESTATE FIN. 4.21.1995 17:52 SEBASTIAN LAKES UTILITIES PLANT 1903 Budget ^ 1992 ACTUAL 7 MONTHS 1992 PROJECTED 1093 PROPOSED OPERATING COSTS Operator (Class II) 8,148 13,908 12,000 Eluctrlclty 2,352 4,033 4,500 Water 4,892 8,387 12,000 ^ Malntenanoo & repalm 1,947 3,337 51000 Sludge removal 380 617 1,600 Supervlslon—Allen 2,000 ^ ADMINISTRATIVE Real estate taxes 0 600 Insurance 840 1,441 1.500 Telephone 343 Sal 600 Miscellaneous 211 392 300 Total Budget 19,003.85 32 73197 39 900 00 User tees 11,284 19,292 19,000.00 OPERATING DEFICIT ffi7.02,05 9 %43g.74 $29.290-00 P. 2 Sebastian Lakes Utility a Monthly Operating Statements Cash Basis 1992 1993 Jan Feb Harm Ap8 May Juno Ally Atplst Sept. Oct. Nov. Dec. Total Jan fab Mar REVENUE 1,79400 2,906.00 1,818.40 1,697.19D 125.00 1,737.80 2,969.00 250.00 1,494.40 1,469.00 1,736.00 136.40 18,133.60 2,956.00 1,612.00 225.00 EXPENSES ' n kmWame 840.32 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 640.32 507.00 n Decub 409.3 392.52 29285 33268 339.23 310.13 275.44 378.59 347.56 385.77 864.50 90.61 4,421.98 200.00 234.85 304.15 ^ Walw&Sene7 2135.00 1,000.00 1,000.00 1,00D.00 1,000.00 1.000.00 1,01&25 1,015.00 1.000.00 1,000.00 1,000.00 /2,173.25 2.000.00 1,000.00 1,000.00 Walee Reserve 1,097.93 2,80276 991.61 3,010.61 2.301.10 10,204.21 9%.93 1,031.69 2,181.73 P L"al Fan 0.00 Chellical Slap. 0.00 121.12 144.80 - utsoe9anep15 150.00 150.00 98.06 Telephone 47.90 46.06 35.48 50.40 50.87 5276 59.19 51.46 155.69 549.87 1675 56.02 Repais 1,62657 28.59 137.75 88.65 500.45 412.48 1,094.74 3.891.23 35.85 ualrge1 ce 151.64 360.00 0.00 0.00 450.00 961.64 13.46 framhlee Fees 61.25 61.25 200.00 AOc01aa Fees CpW1Era Tshal 2,592.16 2,27690 2,577.91 3.371.85 4.221.45 2,700.50 1.347.98 1.942.24 4,858.92 1.149.31 5.416.00 93.64 33.257.69 3,878.75 2,509.62 3,754.38 NETNCOUE (796.16) 627.10 i LL (759.51) (1,67&25) (4,096.45) (965.70) 1,621.12 (1,M224) (3.364.42) (39D.31) (3,660.03) 4276 (15,120.09) (922.75) (697.62) (3,529.30)