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HomeMy WebLinkAbout1985 06 27 - first baptist church mission�yvec�/ a✓ SC,4VN/1NN .O/Civ.> gc�torr r'.[in 7f+6 76 ✓N.s co ✓rz73 J c) J UTILITY AGREEMENT THIS AGREEMENT, made and executed this g.� I day of ____ __ , 1985, by and between FIRST BAPTIST CHURCH MI6SIOIV, herei after i'e-Ferred to as Developer and GENERAL DEVELOPMENT UTILITIES, INC., a Florida corporation, hereinafter referred to as Utilities. WITNESSETH WHEREAS, Utilities owns and operates water treatment and sewage 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 CHURCH (Phase I) 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, to accept sewage for treatment from 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 and treatment of sewage 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 and/or sewage force main 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 or inability to handle sewage 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 1801 gallons per day. FBCM/GDU 1 M B. DEVELOPER AGREES: 1. To pay Utilities total connection charges in the amount of $3,726.40 which are itemized as follows: a. To pay Utilities a connection (plant capacity) charge at a rate of $.86 per gallon, total $154.80 based on the agreed upon a stipulated flow rate 180 gallons per day. b. To pay Utilities a main extension charge of $1,155.20 based upon 160 feet at a rate of $7.22 per foot. c. To pay Utilities $100.00 as a meter connection charge for installation of ONE, THREE QUARTER -INCH meter. d. To pay Utilities a $399.60 sewer connection (plant capacity) charge at a rate of $2.22 per gallon for 180 gallons. e. To pay Utilities a sewer main extension charge of $1,916.80 computed for 160 feet at $11.98 per front foot. 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 $0.0375 per gallon, per month, for each unit not connected to the system beginning twelve (12) months from the execution date of this Agreement, until each unit is connected and utilizing the reserve facilities. 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 accordance with its regulatory authority contained in applicable statutes, ordinances, rules and regulations. FRCIYI/GDU 2 7. To notify Utilities in writing not less than sixty (60) days prior to estimated date of completion of construction of facilities requiring water and sewer service, the date on which Developer will require initial connection to water and force main. S. 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. To limit waste introduced into the sewage collection system to domestic waste. The introduction of industrial waste into the system is prohibited under this Agreement. Domestic waste means wastewater derived principally from dwellings, business buildings, institutions, and the like; sanitary wastewater; sewage; as defined in Chapter 17- 6.3(20) of the Florida Department of Environmental Regulation. 11. No tie-ins or hook-ups to the water and/or sewer system shall be made without the express consent of Utilities. 12. 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. 13. 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 Rquested, to the respective parties herein, at the last )mown address of either of the parties. 6. Water and sewer line extensions will be made to the property line at such points as are mutually agreed to by Customer and Utilities. FBCM/GDU 3 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 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 DEVELOPr9ENT UTILITIES,INC. FIRST BAPTIST CHURCH MISSION jV i ATTEST: ATTEST: _ I i BY: FBCIYI/GDU 4 EXHIBIT "A" LEGAL DESCRIPTION PHASE I: Beginning at the Northern most corner of Tract M, Sebastian Highlands Unit 16 as recorded in Plat Book 89 Pages 45-45J of the public records of Indian River County, Florida; said point also lying on the Southeast right-of-way line of Schuman Drive; Thence run S 60°02'15" W along the aforementioned right-of-way line for a distance of 142.36 feet to the point of curveture of a circular curve, said point also lying on the right-of-way of Schuman Drive and bears N 29°57'45" W from the radius point, said circular curve having a radius of 360.00 feet and being concave to the Southeast; Thence run Southwesterly along said circular curve, through a central angle of 2"48'27", for an arc distance of 17.64 feet to a non -tangent point on the aforementioned circular curve, said point bears N 32"46'12" W from the radius point and also lies on the right-of-way of Schuman Drive; Thence, leaving said right-of-way run S 18"21'48" E a distance of 344.19 feet; Thence, run N 58'11'00" E a distance of 240.00 feet; Thence, run N 31049'00" W a distance of 330.00 feet to the point of beginning. Said Phase contains 1.529 acres, more or less, and has a frontage on Schuman Drive of 160.00 feet. DENDUM AGREEMENT THIS ADDENDUM, made and entered into this .23'4,) day of :::70/l/ 1986, by and between FIRST BAPTIST CHURCH MISSION, hereinafter referred to as Developer, and GENERAL DEVELOPMENT UTILITIES, INC. (GDU), a Florida Corporation, hereinafter referred to as Utilities. WITNESSETH WHEREAS, the Developer and Utilities entered into an Agreement on June 27, 1985, to provide water and sewer service to consumers located in the property of Developer described in Exhibit "A" of the aforementioned Agreement, hereinafter referred to as Project; and WHEREAS, Developer and Utilities desire to amend said June 27, 1985 Agreement; and NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, it is mutually agreed by and between the parties to amend the aforementioned Agreement as follows: A. UTILITIES AGREES: 1. Utilities agrees to provide an additional 234 gallons of water per day and accept an additional 234 gallons of sewage per day for treatment, to serve Phase II (described in attached Exhibit "B") of Developer's project. B. DEVELOPER AGREES: 1. Developer agrees to pay Utilities additional connection charges totalling $ 4,695.12, itemized below, for said Phase II of Developer's project as described in attached Exhibit "B". a. To pay Utilties an additional connection (plant capacity) charge at a rate of $.86 per gallon, total $201.24 based on the agreed upon additional flow rate of 234 gallons per day. b. To pay Utilities an additional main extension charge of $1,494.54 based upon an additional 207 feet of line at a rate of $7.22 per foot. FBCM/GDU 1 c. To pay. Utilities an additional $519.48 sewer connection (plant capacity) charge at a rate of $2.22 per gallon, based on the agreed upon additional flow rate of 234 gallons per day. d. To pay Utilities an additional sewer main extension charge of $2,479.86 based upon an additional 207 feet at a rate of $11.98 per foot. 2. Developer agrees to pay a monthly Guaranteed Revenue/Reserve Capacity charge in the amount of $3.49 per month, after twelve months from the execution date of this Addendum until the connection for Phase II is made and until the reserved facilities are utilized. 3. Developer recognizes that the above charges are based upon the actual current approved connection charges. Developer agrees that if charges change or if new charges are approved and in effect at the time of connection, he will pay the difference between the current charges and those in effect at the time of connection and any new charges required at the time of connection. All other conditions of the aforementioned Agreement, dated June 27, 1985, remain unchanged and in effect. IN WITNESS WHEREOF, the parties hereto have caused this Addendum Agreement to be executed on this �aday of —r L) 1986. GENERAL DEVELOPMENT {UTILITIES INC. FIRST BAPTIST CHURCH ??MISSION Ass sta t V ce Preside t � ATTEST:�-� cretary FBCM/GDU 2 WITNESS: WITNESS: EXHIBIT "B" LEGAL DESCRIPTION PHP,SE 11: Beginning at the Southern most point bf Phase I run tf 18°21'4c:" W along the West boundary of Phase I for a distance of 344.14 feet to a non -tangent point on a circular curve said point also lying on the right-of-way of Schuman Drive and bears N 32`46'12" W from the radius point, said circular curve having a radius of 360.00 feet and being concave to the Southeast; Thence run Southwesterly along said circular curve, through a central angle of 32".5,?'46",for an arc distance of 207.32 feet to a non -tangent point on the aforementioned circular curve, said point bears N 65'45'58" W from the radius point and also lies on the right-of-way of Schuman Drive; Thence, leaving the right-of-way run S 54"37'27" E a distance of 246.62 feet to the point of beginninq. Said Phase contains 0.7400 acres, more or less, and has a frontage of 207.32 feet on Schuaan Drive.