HomeMy WebLinkAbout1982 12 10 - Reflection on the RiverUTILITY AGREEMENT
THIS AGREEMENT, made and executed this �(') day of
19829 by and between 'REFLECTIONS'ON"THE—RIVER--, INC. '
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 and sewage treatment facili—
ties in THE CITY OF SEBASTIAN capable of serving Developer in addition to
the present consumers of Utilities; and,
WHEREAS, UTILITIES acknowledges its obligations to serve all present and future
Customers within its franchised area; and
WHEREAS, Developer has requested Utilities to serve 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 a contract with Developer specify—
ing 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:
I. To furnish to those Customers located on the property described in Exhibit
"A", during the term of this Contract 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/o;,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 -o. -'inability to handle sewage as required by this Agreement shall be remedied
with all possible dispatch, such circumstances shall not include over commitment by
Utility to its customers. 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 70,000 gallons per day.
Utilities Agrees:
5. To reimburse the funds advanced, to Developer as set forth in Paragraph B.-2
up to One Hundred and Five Thousand Dollars ($105,000.00). This refund shall be made
once a year in the amount of the total water bills for the year paid by the Developer
for a period of seven years. In no event shall the amount refunded exceed
$105,000.00. The obligation of Utilities for any such reimbursement shall terminate
seven (7) years from and after the execution date of this agreement. The implemen-
tation of this paragraph shall not serve to reduce or increase the number of users for
the purpose of establishing annual service charges per user. For this Agreement, the
number of users shall be based on the equivalent residential connection concept for
residential and commercial connections.
B. DEVELOPER AGREES:
1. To pay Utilities 'total connection charges in the amount of $ 215,600.00
which are itemized as follows:
a. To pay Utilities a connection (plant capacity) charge at a rate of
$ 0.86 per gallon, total $ 60,200.00 based on the agreed upon and stipulated
flow rate of 70,000 gallons per day.
b. To pay Utilities a $ 155,400.00 sewer connection (plant capacity)
charge at a rate of $ 2.22 per gallon for 70,000 gallons.
Payments for these items will be made upon submission of appropriate invoice by
Utilities following the execution of the Agreement by Developer, based on the follow-
ing payment schedule:
1. 1) One Hundred Thousand ($100,000.00) Dollars upon execution of this
agreement.
2)
Twenty -Eight
Thousand
Nine
Hundred ($28,900.00)
ninety days (90) from
the execution
date of
this
agreement.
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LEG/61.41.10
3) Twenty -Eight Thousand Nine Hundred ($28,900.00) One hundred Eighty days
from the execution date of this agreement.
4) Twenty -Eight Thousand Nine Hundred ($28,900.00) Two hundred Seventy
(270) days from the execution date of this agreement.
5) Twenty -Eight Thousand Nine Hundred ($28,900.00) Three Hundred and Sixty
(360) days from the execution date of this agreement.
2. Prior to the issuance of the contract for the construction of the expansion
of the existing water treatment plant necessary to be expanded to provide the required
service, the Developer shall advance funds up to and including One Hundred and Five
Thousand Dollars ($ 105,000.00) at the Utilities request. Utilities shall give a
written notice sixty (60) days prior to the advance funds being required.
3. Developer shall construct all water and sewer lines and sewage lift stations
required to be constructed within the property described in Exhibit "A" and to the
point of connections as specified by Utilities. All the construction shall be subject
to the approval by the Utilitie's engineer and shall be in accordance with plans and
specifications approved by the Utilities engineer. During the entire period of
construction, Utilities shall have the right to have its engineer inspect the con-
struction of said facilities. No application for necessary permits shall be executed
or approved by Utilities until plans and specifications for construction have been
reviewed and approved by Utilitie's engineer. Throughout the term of the construction
period Developer shall maintain insurance, at its sole cost and expense, against
claims for personal injury or property damage under a policy of general public liabil-
ity insurance, with limits of at least $100,000/$300,000 for bodily injury and $50,000
for property damage: Such policy shall name the Utilities and the Developer as the
insured and shall be issued by insurers of recognized responsibility satisfactory to
the Utilities. Developer shall furnish Utilities with duly executed certificates
showing that such insurance is in full force and effect and providing for 30 days
notice to Utilities prior to cancellation or termination of any policy. It is
expressly agreed and understood by and between the parties to this agreement that
Utilities shall not be liable for any damage or injury which may be sustained by said
Developer or other person resulting from the carelessness, negligence, or improper
conduct on the part of any other agents, or employees, or by reason of the breakage,
leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or
about the said land. Developer shall indemnify and save harmless the Utilities from
and against any and all claims, suits, actions, damages and/or causes of action
arising during the term of construction for any personal injury, loss of life and/or
damage to property sustained in or about the premises, upon which construction is
- 3 -
LEG/61.41.10
undertaken by Developer, by reason or as a result of the Developer's occupancy there—
of and from and against any orders, judgements, and/or decrees which may be entered I�
thereon and from and against all costs, counsel fees, expenses and liabilities
incurred in and about the defense of any such claim and the investigation thereof.
4. Developer shall be responsible for the cost of the water and wastewater
meters, including installation, and the construction of the meter pit as specified by
the Utilitie's engineer. Upon completion of these facilities and the Utilitie's
engineer approval, Developer shall convey such meter facilities to Utilities by a Bill
Sale and will provide to Utilities a No—Lien Affidavit, a Release of Lien and a
detailed account of cost of the construction of said facilities. The point of con—
nections and meter sites shall be at the locations shown on Exhibits "B" & "C".
5. Upon completion of construction of the water and sewer facilities and
Utilities engineer approval, Developer shall convey those water and sewer lines from
the points shown on Exhibit "B" and "C" to the points of connection to the existing
Utilities facilities by a Bill of Sale and will provide Utilities with a No—Lien
Affidavit, a Release of Lien and a detailed cost of construction of the water and
sewer lines described in this paragraph. This paragraph shall be a condition prece=
dent to Utilities providing any service and any responsbility for.Utilities to operate
said facilities. 'Upon completion of the terms of this paragraph, Utilities shall
undertake ownership, operation and maintenance of the facilities described in this
paragraph.
6. The charges contained in this Agreement are based upon the estimated gallons
j
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.
7. 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.
8. Except for the aforementioned charges for extension of service, 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 acccordance with such tariff, as amended, as
may be from time to time adopted and approved by
— 4 —
LEG/61.41.10
THE CITY OF SEBASTIAN in
accordance with its regulatory authority contained in applicable statutes, ordinar.ces,
rules and regulations.
9. 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 mains.
10. 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 accpetance 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.
11. To pay Utilities, 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 of Customer to pay the amounts due on statements as rendered, Utilities
may, in its sole discretion, terminate water and sewer service to the Customer.
12. 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.
13. No tie-ins or hook-ups to the Utilities water and/or sewer system shall be
made without the express consent of Utilities.
14. 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.
15. Utilities agrees to assume all responsibility for obtaining the necessary
permits and/or approvals from regulatory agencies having jurisdiction with regard to
the operation of the water treatment plant, wellfields, sewage treatment plant, and
disposal area, including, but not limited to, the obtaining of a consumptive use
permit. Developer shall have no obligation to obtain the necessary approvals and/or
permits but agrees to cooperate and assist Utilities in every reasonal manner upon
request. Should Utilities be unable to obtain permits and/or approvals, both parties
shall be relieved from the obligations set here and under this Agreement.
16. Developer shall have the responsibility to obtain the necessary permits,
approvals and easements for the extensions of the water and sewer mains. Utilities
shall have no obligation but agrees to cooperate and assist Developer upon request.
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LEG/61.41.10
C. UTILITIES AND DEVELOPER AGREE:
1. The parties understand that the main extension and service availability
charges set forth herein 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. Additionally, the jurisdiction affecting service to developer
may be contested by Indian River County. Should it ultimately be determined that
Indian River County and not the City of Sebastian is the agency having jurisdiction
over the Utilities to service the Developer, Utilities shall be relieved of any
responsibility hereunder.
2. 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
THE CITY OF SEBASTIAN
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.
3. This Agreement shall be binding upon the successors, assigns and legal
representatives of the respective parties hereto.
4. This Agreement shall not be assigned without the prior written consent of
Utilities, which consent shall not be unreasonably withheld.
5. 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.
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.
7. Failure of Developer 'to comply in any respect with the provisions of this
Agreement shall result in termination of this Agreement. Utilities shall give thirty
(30) days written notice of any default under this Agreement and failure of Developer
to correct default shall result in automatic termination.
8. Unless sooner terminated as provided in paragraph (7) above, termination of
this 'Agreement, by either party, shall be upon application to and approval by the
appropriate governmental authority.
LEG/61.41.10
I
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
GERARD P. MOZIAN �)
PRESIDENT
ATTEST:
1 4
LEG/61.41.10 — 7
REFLECTIONS ON THE RIVER, INC
BY:
ATTEST:
BY:
ATTEST:
cc L CONSULIAN-s. JNA.
J fNGINCCRS•SURVCYORS•PLANNCRS
i
1'01.4PANO BEACH OFFICE VERO BEACH OFFICE , ---- — =•-•
140 East Sample Road P.O. Box 4124 ' S
Suite 201, 33061 Brach Station, 32960
(305) 786.1901 (305) 231-9127
LEGAL DESCRIPTION PROJECT NO. 2038
ENTIRE PARCEL EXHIBIT nAn
STATE OF FLORIDA
INDIAN RIVER COUNTY
SECTION 17, T. 31 S., R. 39 E.
That certain land described as the Northeast One -Quarter (NE 1/4)
of the Northwest One -Quarter (NW 1/4) of Section 17, Township 31
South, Range 39 East, lying East of the existing Easterly
right-of-way of U.S. Highway No. 1, less the North 660 feet
thereof and less the South 330 feet of the Southwest One -Quarter
(SW 1/4) of the Northeast One -Quarter (NE 1/4) of the,Northwest
One -Quarter (NW 1/4) lying East of said right-of-way of said U.S.
Highway No. 1; and Government.Lot 1 of Section 17, Township 31
South, Range 39 East, less the North 660 feet thereof; and the
North 660 feet of the Southeast One -Quarter (SE 1/4) of the
Northwest One -Quarter (NW 1/4),of Section 17, To 31 South,
Range 39 East; lying East of the existing Easterly road
right-of-way of U.S..Highway No. 1; and North 660 feet of the
West 660 feet of Government Lot 2, Section 17, Township 31 South,
Range 39 East; the above mentioned property also being described
as follows:
Commencing at the Northwest corner of Northeast One -Quarter (NE
1/4) of the Northwest One=Quarter (NW 1/4) of Section I1,7,
Township 31 South, Range 39 East, run East along the'North line
of said Section 17 a distance of 84.96 feet to the East
right-of-way line of U.S. Highway No. 1; thence run
Page One of Three
nAIE ar
PHOT t rlIMNAI L •Nn of Inv vna 11 .,.. ., .,,u.....
C( -:L CONSUL (ANTS. INC.
t % CNGINCERS • SURVEYORS • PLANA'CRS
1•—
PO1.4PANO BEACH OFFICE VERO BEACH OFFICE
440 East Sample Road P.O. Boa 4124
Suite 201, 33064 Beach Station, 32960
(305) 786.1901 (305)231-4127
S 25° 57' 59" E along said East right-of-way a distance of
736.41 feet; thence run S 89° 42' 24" E on a line parallel to
and 660 feet South of the North line of said Section 17 a
distance of 1446.99 feet, more or less, to the West shore of the
Indian River and POINT OF BEGINNING, said POINT OF BEGINNING
being 660 feet South of the North line of Section 17; thence
retracing last mentioned course run N 890 42' 24" W a distance
of 1446.99 feet, more or less, to the existing right-of-way line
of U.S. Highway No. 1; thence run S 250 57' 59" E along said
East right-of-way a distance of 1469.15 feet; thence run
S 890 23' 30" E a distance of 927.98 feet to a point, said
point being the Southeast corner of the North 660 feet of the
West 660 feet of Government Lot 2, Section 17, Township 31 South,
Range 39 East; thence run N 00° 17'51" W a distance of 660.09
feet to a liter wood post on the South line of Government Lot 1
of Section 17, Township 31 South, Range 39 East; thence run
S 890 24' 17" E along said South line of Government Lot 1 a
distance' of 293.60 feet, more or less, the the West shore of the
Indian Rivet; thence meander the West shore of the Indian River
in a Northwesterly direction to the POINT OF BEGINNING, less and
excepting therefrom the South 330 feet of the Southwest
One -Quarter (SW 1/4) of the Northeast One -Quarter (NE 1/4) of the
Northwest One -Quarter (NW 1/4) of Section 17, Township 31 South,
Range 39 East, lying East of the Easterly right-of-way of U.S.
Highway No. 1.
,r
LESS AND EXCEPT the following described property:
Commencing at the Northwest corner of the Northeast One -Quarter
(NE 1/4) of the Northwest One -Quarter (NW 1/4) of Section 17,
Township 31 South, Range 39 East, run East along the North line
Page Two of Three
DAIS BY
CCI_ CONSULTANTS. INC.
ENGINEERS SURVEYORS *PLANNERS
POMPANO BEACH OFFICE VERO BEACH OFFICE -
440 East Sample Road P.O. Box 4124
Suite 201, 33064 Beach Station, 32960
(305) 786.1901 (305) 231.4127
of said Section 17, a distance of 84.96 feet to the existing East
right-of-way of U.S. Highway No. 1; thence run S 250 57' 59" E
a distance of 1971.36 feet along the said East right-of-way of
U.S. Highway No. 1 to the POINT OF BEGINNING; thence continue
S 250 57' 59" E a distance of 234.2 feet; thence run
S 890 23' 30" E a distance of 208.71 feet; thence run
N 250 57' 59" W and parallel to said East right-of-way of U.S.
Highway No. 1 a distance of 234.2 feet; thence run
N 890 23' 30" W a distance of 208.71 feet to the said East
right-of-way of U.S. Highway No. 1 being the POINT OF BEGINNING.
Together with that portion of the South 330 feet of the Southwest
One -Quarter (SW 1/4) of the Northeast One -Quarter (NE 1/4) of the
Northwest One -Quarter• (NW 1/4) lying East of the Easterly
right-of-way 1•ine of U.S. Highway No. 1.
M
Page Three of Three
i nnrt a
----• i rnOrtS5ttlNAt LAND ,unvtvOR_. �1Att fit ttt ianv
• �( CCL CONSULTANTS.
' LNGINEERS•SURVEYORS•PLANNERS
t
— POMPANO BEACH OFFICE VERU BEACH OFFICE
440 East Samplc Road P.O. Nix 4124
Suite 201, 33064 Reath Station, 37060
(305) 786.1901 1 (305) 231.4127
SCALE, 1"- 100'
I 20
17
7 13 13
r1 19
EXIST �
JE 12 E 18
VALVE\S t1CIO
E�'�`oN
CCL CONSULTANTS, �INC.
ENGINEERS -SURVEYORS *PLANNERS
POMPANO BEACH OFFICE VERO BEACH OFFICE
990 East Sample Road
Suite 201, 33064
(305) 786.1901
1 PROPOSED METER SITE
WASTEWATER
TREATMENT
PLANT
POINT OF"
CONNECTION
P.O. M)x 4124
Bench Smtion, 32960
(305) 231.4127
SCALE, 1„■100'
PROPOSED
E X H 16 1 T 'I C It
General Development Utilities, Inc.
x
Reflections on the River
6200 South Mirror Lake Drive
Sebastian, Florida 32958
Gentlemen:
RECEIVED O C 1 4 1982
December 10, 1982
This letter shall serve as a clarification of the intent of
paragraph A-3 of the Utility Agreement dated the 10th day of
December, 1982, by and between Reflections on the River, Inc.
and General Development Utilities, Inc., referred to as
"Utilities".
The part of the paragraph specifically being clarified is as
follows:
"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 possible dispatch, such circumstances shall not
include over commitment by Utility to its customers."
The intent of this sentence is that any and all temporary or
partial failures by General Development Utilities, Inc. to
deliver water or inability to handle sewage as required in
the above described agreement, shall be corrected by the Utility
as soon as possible. Over commitment to its customers shall not
be deemed as a reason for the failure to deliver water or handle
the sewage.
Sincerely,
GENERAL DEVELOPMENT UTILITIES, INC.
H. D. Sarkis
Director of Operations
HDS:ic
1111 South Sayshore Drove. Miami. Florida 33131. Telephone 305 350 1331
A General Development Subsidiary
- LAW OFFICES
SAMUEL A. BLOCK
214010TH AVENUE
VERO BEACH. FLORIDA 32960
SAMUEL A. BLOCK
PATRICIA BOWER BLOCK
MARGARET MANN BLANTON
r.
December 9, 1982
Daniel M. Kilbride, Jr., Esquire
Post Office Box 2427
Vero Beach, Florida 32960
Dear Dan:
TELEPHONE
13051562-1600
Enclosed please find a copy of a letter which was dictated
by me for the signature of an official of General Develop-
ment Utilities, Inc.
It is my suggestion that we attach this letter, when signed,
as an exhibit to the Utility Agreement. Also, Richard Graves
of Reflections on the River has requested General Development
to include the word "commercial" between the words residential
and connection in the last line of paragraph 5.
It is my understanding that when the above is accomplished, the
city of Sebastian has agreed to approve the Utility Agreement
between Reflections on the River and General Development
Utilities, Inc.
Very truly yours,
Samuel A. Block
/cp
Encl.
cc: Tom Lockwood
December 9, 1982
Reflections on the River
6200 S. Mirror Lake Drive
Sebastian, Florida 32958
Gentlemen:
This letter shall serve as a clarification of the
intent of Paragraph A-3 under that certain Utility
Agreement dated the day of ,
1982, by and between REFLECTIONS ON THE RIVER, INC.
and GENERAL DEVELOPMENT UTILITIES, INC., referred to
as Utilities.
The part of the paragraph specifically being clari-
fied is as follows:
"Circumstances resultin
or partial failure to d
to handle sewage as req
shall be remedied with
such circumstances shal
ment by Utility to its
g in the temporary
eliver water or inability
uired by this Agreement
all possible dispatch,
1 not include over -commit -
customers."
The intent of this sentence is that any and all
temporary or partial failures by General Development
Utilities, Inc. to deliver water or interfer with its
ability to handle sewage as required in the above
described Agreement, shall be corrected by the Utility
with all possible dispatch; however, over -commitment
to its customers shall not be deemed as a reason for
the failure to deliver water or handle the sewage.
Yours truly,