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HomeMy WebLinkAbout1993 08 10 - AgreementWATER SYSTEM CONNECTION AGREEMENT THIS AGREEMENT made this 10�1_ day of '1=A ,,s4- , 1993, by and between the City of Sebastian, a municipal corporation created and existing under the laws of the State of Florida, (the "City"), whose principal office is located at 1225 Main Street, Sebastian, Florida, 32958 and Sebastian Inlet Marina & Trading Company, Inc., a Florida corporation, doing business as Captain Hiram's River Raw Bar and Seafood Cafe, (hereinafter "Captain Hiram's"), whose principal office is located at 1606 Indian River Drive, Sebastian, Florida, 32958. WNEREAS, Captain Hiram's has sought permission from Oyster Bay/Oyster Point Condominiums Association, Inc., a Florida corporation, (hereinafter "Oyster Bay") to utilize the potable water system owned and operated by Oyster Bay for a back-up to its own water system as described in a letter from P.F. Nohrr of the law firm of Nohrr, Nohrr, Boyd, Howze & Capps, P.A., to Thomas H. Collins, President, dated May 14, 1992, a copy of which is attached to this Agreement as Exhibit "A", and by this reference incorporated herein; and NWENEAS, Oyster Bay has issued a formal letter of authorization granting permission to Captain Hiram's to connect to the Oyster Bay potable water system; and WHEREAS, Captain Hiram's has notified the Indian River County Environmental Health Department of its intent to connect to the Oyster Bay potable water system, and Captain Hiram's has received verbal approval of such connection from Director Michael Galanis; and roo WHEREAS, Captain Hiram's now seeks approval from the City to connect to the Oyster Bay potable water system. NOW, THEREFORE, for and in consideration of the provisions contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City and Captain Hiram's agree as follows: 1. Recitals: The recitals hereinbefore provided are incorporated by reference in this Agreement. 2. Costs of the Connection: All costs of installing the connecting pipe between Captain Hiram's and the Oyster Bay potable water system shall be borne by Captain Hiram's and the City shall not contribute any funds towards said costs. 3. Backflow Prevention Device: Captain Hiram shall install, at its sole expense, a backflow prevention device, which shall be one of the four devices as approved by the Florida Department of Environmental Regulation, that shall be located above the ground and accessible for inspection and viewing. 4. Permits: Captain Hiram's shall obtain all necessary permits from all applicable federal, state and local governmental entities and agencies prior to installing any portion of its connecting piping. 5. Severance of Connecting Piping: Captain Hiram's agrees that within sixty (60) days of receiving notice that the City of Sebastian utility system can provide potable water to Captain Hiram's, Captain Hiram's shall, at its sole expense, sever the connecting pipes or tie-in with the Oyster Bay potable water system F Aa. and that Captain Hiram's shall connect to the City of Sebastian municipal water system. In addition, Captain Hiram's agrees to sever the tie with its own water well system(s) at the time that Captain Hiram's connects to the City of Sebastian municipal water system. 6. Cross -connection: Captain Hiram's shall allow the City to conduct a cross -connection control survey on its premises prior to connecting to the municipal water system operated by the City. 7. Plumbing Modifications: Captain Hiram's shall implement each and every modification required by the City to its existing plumbing on site to correct any actual cross connections or potential health hazards which concern Captain Hiram's connecting to the municipal water system operated by the City, at the time that Captain Hiram's connects to the City municipal water system. 8. Indemnification: Captain Hiram's hereby agrees to defend, indemnify and hold the City harmless from and against any and all losses, expenses, judgments, reasonable attorneys fees, and any other liabilities arising from any claims, demands, suits and actions made, asserted or filed by anyone in connection with or in any way related to this Agreement or the performance or failure to perform by Captain Hiram's its obligations under this Agreement. 9. Notice: All communications required or permitted to be given hereunder shall be in writing and shall be deemed delivered by one party to another party when personally delivered to him or her or when placed in a depository under the control of the United States Postal Service, and mailed by certified or registered mail, 3 return receipt requested, postage prepaid, addressed to: TO THE CITY: CITY OF SEBASTIAN Attention: City Manager 1225 Main Street Sebastian, Florida 32958 WITH A COPY TO: CHARLES IAN NASH, ESQ. City Attorney Frese, Nash & Torpy, P.A. 930 S. Harbor City Blvd., Suite 505 Melbourne, Florida 32901 TO CAPTAIN HIRAM'S: CAPTAIN HIRAM'S RIVER RAW BAR AND SEAFOOD CAFE Attention: PRESIDENT 1606 Indian River Drive Sebastian, Florida 32958 10. Binding Effect: All the terms, covenants, warranties and the representations contained herein shall be binding upon the parties, their heirs, successors and assigns. 11. Attorneys Fees and Costs: If any action is commenced to enforce or to construe any term, covenant, or condition of this writing, the prevailing party in such action shall be entitled to all costs and expenses of said action (including reasonable attorney's fees) at trial and all appellate levels, from the unsuccessful party in said action. 12. Entire Agreement: Except as is specifically stated herein, this Agreement constitutes the entire agreement between the parties and supercedes all agreements, representations, warranties, statements, promises and understandings not delivered in connection herewith. No party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement or in such documents. 2 13. Amendments: Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 14. Governing Law: This Agreement shall be governed and enforced in accordance with the laws of the State of Florida, and venue for any action brought hereunder shall lie exclusively in Indian River County, Florida. IN WITNBSS WHEREOF: The City and Captain Hiram's have caused this Agreement to be signed on their behalf on the date set forth above. CITY OF SEBASTIAN City Clerk (Seal) Approved as to ,.orm/and Sufficiency: Charles an Nash, City Attorney Approved or utility matters: By: /s. (/ Richard B. Votapka, P.E. Utilities Director 5 SEBASTIAN INLET MARINA & ANY, INC. By: �� President Attest: �Caq`orate Seal) P1 :; ........