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HomeMy WebLinkAbout1985 09 18 - Ballfields��at2 ST. Bnu���zp ' UTILITY AGREEMENT `. THIS AGREEMENT, made and executed this —day o C� 1985, by and between CITY OF SEBASTIAN, hereinafter referred to as Developer and GENERAL DEVELOPMENT UTILITIES, INC., a Florida corporation, hereinafter referred to as Utilities. WITNESSETH WHEREAS, Utilities owns and operates water treatment facilities in Indian River County capable of serving Developer in addition to the present consumers of Utilities; and, WHEREAS, Developer has requested Utilities to serve a BALLFIELD in the property described in the attached Exhibit "A"; and, WHEREAS, Utilities proposes to serve the consumers within the areas encompassed by Developer; and, WHEREAS, Utilities has agreed to furnish water to said property and to enter into an Agreement with Developer specifying provisions and terms concerning same. NOW, THEREFORE, for and in consideration of the mutual promises and obligations hereinafter set forth, the parties do hereby agree as follows: A. UTILITIES AGREES: 1. To furnish to those Customers located on the property described in Exhibit "A", during the term of this Agreement or any renewal or extension hereof, potable treated water in accordance with standards of the state regulatory agencies of the State of Florida. 2. To.furnish water at a reasonable constant normal pressure in accordance with public health requirements. Emergency failure of pressure or supply due to breaks in the main water supply line equipment and/or power failure, flood, fire and use of water to fight fire, catastrophes and other matters beyond the Utilities control shall excuse Utilities from the provisions hereof for such reasonable period of time as may be necessary to restore service to normal conditions. .:.3. It will, at all times, operate and maintain its treatment facilities in an efficient manner and will take such action as may be necessary to provide the capacities required. Circumstances resulting in the temporary or partial failure to deliver water as required by this Agreement shall be remedied with all reasonable dispatch. In the event of an extended shortage of water, or the supply of water available to Utilities for distribution to its Customers is otherwise diminished over an extended period of time, the supply of water to the Developer's consumers shall be reduced or diminished in the ratio or proportion as the supply to Utilities Customers is reduced or diminished. 4. To provide water in such quantity as may be required by Customer, up to but not exceeding an average monthly amount of 375 CITY OF SEBASTIAN/GDU 1 as gallons per day. DEVELOPER AGREES: x` 1. To pay Utilities total connection charges in the amount of r $2,819:00 which are itemized as follows: a. To pay Utilities a connection (plant capacity) charge at a rate of $.86 per gallon, total $322.50 based on the agreed upon and stipulated flow rate of 375 gallons per day. b. To pay Utilities a main extension charge of $2,346.50 based upon 325 feet at a rate of $7.22 per foot. c. To pay a Meter Connection Charge of $150.00 for installation of ONE (1), ONE—INCH METER. Developer recognizes that the above charges are based on the actual connection rates approved, and agrees that if these rates change before the connection is made, to pay the difference between the actual rates and the rates in effect at the time of connection. Payment for these items will be made upon submission of appropriate invoice by Utilities following the execution of the Agreement by Developer. 2. The charges contained in this Agreement are based upon the estimated gallons of usage to be supplied to Developer and Utilities reserves the right to revise such figures to conform to the actual usage, which may be computed at any time by averaging the prior three (3) month period during any calendar year, during the life of this. Agreement. Developer agrees to pay any additional charges which would be required by applying the rates contained in this Agreement to any recomputed gallons of usage. 3. Any line extensions or other facilities required to be installed by Utilities to supply the services set forth in Paragraph A-1 may be constructed by Utilities prior to the dates when payments may be due from Developer, and Developer shall still be obligated for such payments as are required in this Agreement. 4. To pay a Guaranteed Revenue Charge in the amount of $.0088, per gallon, per month, for this project if not connected to the system beginning twelve (12) months from the execution date of this Agreement, until this project is connected and utilizing the reserve facilities. This charge is subject to change from time to time as approved by the appropriate regulatory authority. 5. Utilities is not obligated to provide plant capacity or service in excess of the amounts estimated to be supplied in this Agreement. All charges have been based upon estimated usage supplied by the Developer and Utilities may require Developer to curtail use which exceeds such estimated requirements. 6. All rates and charges made by Utilities to Developer, and to future customers who will be serviced by Utilities, shall be made in accordance with the tariff filed by Utilities with the CITY OF SEBASTIAN in accordance with such tariff, as amended, as may be from time to time adopted and approved by the CITY OF SEBASTIAN in CITY OF SEBASTIAN/GDU 2 accordance with its regulatory authority contained in applicable statutes, ordinances, rules and regulations. 7. To notify Utilities in writing not less than sixty (60) days prior to esimated date of completion of construction of facilities requiring water service, the date on which Developer will require initial connection to water. 8. That the provisions of this Agreement shall not be construed as establishing a precedent as to the amount or basis of contributions to be made by Developer or other customers, or the acceptance thereof on the part of Utilities, for other utility system extensions that may be required hereafter by Developer and .which are not presently covered by this Agreement. 9. To pay Utilities for the monthly service within twenty (20) days after statement is rendered by Utilities, all sums due and payable as set forth in such statement. Upon failure or refusal to pay the amounts due on statements as rendered, after five (5) days of written notice, Utilities may, in its sole discretion, terminate service. 10. No tie—ins or hook—ups to the water system shall be made without the express consent of Utilities. 11. Developer agrees to install, at its expense, a back—flow control device, as specified by Utilities. Utilities shall have the right to inspect the Developer's facilities at any time to check for cross connections and any other possible sources of contamination. The Developer agrees to correct, without delay, all such hazards to the system at its own expense. 12. To grant Utilities whatever easements as are required to provide utility services to the Developer's property or adjacent properties. C. UTILITIES AND DEVELOPER AGREE: 1. This Agreement shall be governed by applicable rules, laws and regulations of any governmental body, federal, state or local, including departments and agencies having jurisdiction of Utilities. The parties agree to be bound by such increase or decrease in gallonage amounts and rates which may be prescribed, from time to time, by said body or other agency having jurisdiction thereof. 2. This Agreement shall be binding upon the successors, assigns and legal representatives of the respective parties hereto. 3. This Agreement shall not be assigned without the prior written consent of Utilities, which consent shall not be unreasonably withheld. 4. Any notice required to be given pursuant to the terms of this Agreement shall be deemed properly given when sent by United States Certified Mail, Return Receipt Requested, to the respective parties herein, at the last know address of either of the parties. 5. Water line extensions will be made to the property line at such points as are mutually agreed to by Customer and Utilities. CITY OF SEBASTIAN/GDU 3 6. The parties understand that this Agreement must receive prior • approval of the CITY OF SEBASTIAN and that should such approval not be given, the parties shall be relieved of all obligations under this Agreement. 7. Failure to meet the provisions, terms or conditions of this Agreement by the Developer shall result in termination of the Agreement and discontinuance of service. Utilities will provide thirty (30) days written notice of termination of the Agreement and discontinuance of service to Developer. 8. This Agreement shall be for an initial period of five (5) years from the date of this Agreement and shall be automatically renewed on an annual basis unless written termination notice is given by either party to the other party thirty (30) days prior to any anniversary date. IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day and year first above written. GENERAL DEVELOPMENT UTILITIES,INC. ATTEST: o I � (s� Z ATT WITNESS: WITNESS: CITY OF SEBASTIAN/GDU 4 1 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH EAST 1/4 OF TRACT F,BLOCK 208, SEBASTIAN HIGHLANDS, UNIT 10, AS RECORDED IN PLAT BOOK 6, PAGES 11, 12, AND 13 CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA.