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HomeMy WebLinkAbout1984 10 15 - Edward HulseUTILITY AGREEMENT THIS AGREEMENT, made and executed this /5 day of DG ZtV,6&/ 198�i, by and between EDWARD V. HULSE 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 office buil ding/warehouse 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 a contract 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 and/or power failure, flood, fire and use of water to fight fire, catastrophes and other matters beyond the control of Utilities 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 capaci— ties' 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* water to the Developer's cSumers 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 175 gallons per day. �:B. DEVELOPER AGREES: 1. To pay Utilities total connection charges in the amount of $ 539.30 which are itemized as follows: a. To pay Utilities a water connection (plant capacity) charge at a rate of $ .86 per gallon, total $ 150.50 based on the agreed upon and stipulated flow rate of 175 gallons per day. b. To pay Utilities a water line capacity charge of $ 288.80 based upon 40. feet at a rate of $ 7.22 per foot. C. To pay Utilities $100.00 as a meter connection charge for installation of a 1 each 5/8" x 3/4" meter(). Payments 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 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 Utili— ties 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. 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 and Utilities may require Developer to curtail use which exceeds such estimated requirements. 5. A22 rates and charges made by Utilities to Developer, and to future customers who will be service by Utilities, shall' be made in accordance with .the tariff filed by Utilities with the City of Sebastian in accordance with such tariff, as HULSE/GDU — 2 — 4mended, as may be 14rom time to time adoed and approved by the city of Sebastian in accordance with its regulatory authority contained in applicable statutes, ordinances, rules and regulations. 6. To notify Utilities in writing not less than sixty (60) days prior to estimated date of completion of construction of facilities requiring water service, the date on which Developer will require initial connection to water mains. 7. 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 hereafteif by Developer and which are not presently covered by this Agreement. 8. To pay Utilities for the monthly service within thirty (30) days after statement is rendered by Utilities, all sums due and payable as set forth in such statement. Upon the failure or refusal to pay the amounts due on statements as rendered, Utilities may, in its sole discretion, terminate service. 9. No tie-ins or hook-ups to the water system shall be made without the express consent of Utilities. 10. To grant Utilities whatever easements are required to provide utility services to the Developer's property or adjacent properties. 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. 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 Ganeral Davelogrent Utilities, Inc. The parties agree to be bound by such increase or decrease in gallonage amounts and rates which may be pre- scribed, 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. -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 known address of either of the parties. - 3 - HULSE/GDU =4, Water line extens s will be made to the propy line at such points as aie mutually agreed to by Customer and Utilities. 5, 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 DEVELOPMENT UTILITIES, INC. BY: ATTE e EDWARD'V. HULSE ATTEST: BY: ATTEST: V/ — 4 — EXHIBIT "A" Legal Description: Lot 26Vp Block 490, Sebastian Highlands, Unit 12, as Recorded in Plat Book 7, Page 57-A, Public Records of Indian Riber County, Florida.