HomeMy WebLinkAbout1993 04 25 - Trinity Lutheran ChurchUTILITY AGREEMENT
THIS AGREEMENT, made and executed this W day of ---�-Fes---' 1993,
by and between Trinity Lutheran Church hereinafter referred to its Developer
and GENERAL DEVELOPMENT UTILITIES, INC., a Florida corporation, hereinafter
referred to as Utilities. 5coTit U SCHUh 1Nni De,IVe T 0r--
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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 192 Seat Church
on the property described in the attached Exhibit "A" (hereinafter the
"Property"); and,
WHEREAS, Utilities' Water System has the capacity to provide the
requested service; and,
WHEREAS, Utilities proposes to serve the owners or tenants within the
Property; 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 owners or tenants located on the property descri-
bed in Exhibit "A", during the term of this Agreement or any renewal or
extension hereof, potable treated water as may be permitted by and in
accordance with standards of the federal, state, and local regulatory
agencies.
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
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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 reasonably
necessary to provide the capacities required, as permitted by the appropriate
federal, state and local regulatory agencies. Circumstances resulting in the
temporary or partial failure to deliver water as required by this Agreement
shall be remedied with all reasonable dispatch, as permitted by the
appropriate federal, state and local regulatory agencies. 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 576 gallqns per day.
B. DEVELOPER AGREES:
1. To pay Utilities connection charges in the amount of $3,960.09 which
are itemized as follows:
a. To pay Utilities a water connection (plant capacity) charge at a
rate of $2.44 per gallon, total $1,405.44 based on the agreed upon and
stipulated flow rate of 576 gallons per day.
b. To pay Utilities a water main extension charge of $2,404.65 based
upon 205.00 feet at a rate of $11.73 per foot.
c. To pay Utilities $150.00 as a water meterconnection charge for
installation of one 1 inch meter.
2. To pay A monthly Guaranteed Revenue/Reserve Capacity charge in the
amount of $0.0475 per gallon per month, after twelve months from the execution
day of the Agreement, until the connections are made and until the reserved
facilities are utilized. This charge is subject to change from time to time
as approved by the appropriate regulatory authority.
3. Payments for the above items will be made upon submission of appropriate
invoice by Utilities.
4. 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
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ANVIIN A►
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,
5, 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 any consecutive 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 current rates or
those applicable during the three month period which generated the increase
to any recomputed gallons of usage.
6. 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 ar'e required in this
Agreement.
7. Utilities is not obligated to provide plant capacity or service in
excess of the amounts estimated to be supplied in this Agreement, and only as
permitted by the appropriate federal, state and local regulatory agencies.
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. 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
such 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.
9. 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.
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 acceptance thereof on the part of
Utilities, for other utility system extensions that may be required hereafter
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3
by Developer and which are not presently covered by .this Agreement.
11. To pay Utilities for the monthly service within twenty (20) days after
a 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, Utilities may, after five (5) days advance written
notice, in its sole discretion, discontinue service.
12. No tie-ins or hook-ups to the water system shall be made without the
express consent of Utilities,
13, To grant Utilities whatever easements are required to provide utility
services to the Developer's property or adjacent properties.
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. Developer shall be responsible for the installation of any additional
Fire Hydrants as may be required by the local Fire Code. Such Fire Hydrants
shall be installed in the Public Right -of -Way and in accordance with
Utilities' specifications. Upon completion of installation, Developer shall
convey such Fire Hydrants to Utilities by a Bill of Sale and provide Utilities
with a Release of Lien, a No -Lien Affidavit and a detailed Cost of
Construction,
C. UTILITIES AND DEVELOPER AGREE:
1. This Agreement shall be governed by applicable rules, laws, orders and
regulations of any governmental body, federal, state, or local, including
departments and agencies having jurisdiction of the Utilities, The parties
agree to be bound by any such connection restrictions, increases or decreases
in gallonage amounts and rates which may be prescribed, from time to time, by
said body or other agency having jurisdiction thereof.
2. In consideration for the payment of the connection charges hereinbefore
set forth. Utilities agrees to include the aforesaid capacity in its water
system for the Developer. However, it is mutually agreed and understood by
Utilities and the Developer that the said inclusion of capacity by Utilities
in its water system does not guarantee connections to Utilities' water system
nor guarantee the ability of Utilities to deliver water in the event that
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4
Utilities is prohibited, limited or restricted from making such connections
or from reserving capacity for, or delivering such flow by local, state or,
federal governmental agencies having jurisdiction over such matters until such
time as said prohibition, limitation or restriction is revoked, altered or
amended, thus allowing Utilities again to render such service, In any such
event, the Developer agrees that Utilities shall not be liable or in any way
responsible for any costs or losses incurred by the Developer as a result of
such local, state or federal governmental regulation, intervention or control,
3. Should either party be prevented from performing any obligations or
conditions herein (including but not limited to water service) or, from
exercising its rights due to or resulting from a force majeure, such party
shall be excused from performing such obligations or conditions. The term
"force majeure" as used herein mean Acts of God; strikes, lockouts, or other
industrial disturbances, or riots; necessary maintenance work, breakdown of
or damages to machinery, pumps or pipelines; epidemics, landslides,
earthquakes, fires, storms, floods, or washouts; litigation between the
parties hereto; governmental restraints, either federal, state or county,
civil or military; eminent domain or other governmental acquisition of the
water system; civil disturbances; explosions; inability to obtain necessary
materials, supplies, labor, or permits whether due to existing or future
rules, regulations, orders, laws or proclamations, either federal, state or
county, civil or military, or otherwise; and other causes beyond the control
of such party, whether or not specifically enumerated herein.
4. This Agreement shall be binding upon the successors, assigns and Legal
representatives of the respective parties hereto.
5. This Agreement shall not be assigned without the prior written consent
Of Utilities, whose consent shall not be unreasonably withheld.
6. When Utilities is regulated by a Regulatory Agency that has adopted the
Florida Administrative Code, its Rules 25-30.550(1) and 25-30.550(2) shall be
applicable. Rule 25-30.550(l) requires the filing of the Developer's
agreements with the Regulatory Agency. Rule 25-30.550(2) covering special
agreements, requires approval by the Regulatory Agency before such special
agreements become effective.
7. 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
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address of either of the parties,
8. Water line extensions will be made to the property line at such points
as are mutually agreed to by Developer and Utilities.
9, 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,
10, 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 �E L -NT"UT LITIES INC, TRINITY LUTHERAN CHURCH
BY:
President tIJ u56p Fla
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EXHIBIT "A"
LEGAL DESCRIPTIOti
Lot 4 and 5, Block 407, SEBASTIAN HIGHLANDS UNIT SEVEN, according to the plat
thereof as recorded in Plat Book 6, Page 6, of the Public Records of Indian
River County Florida.
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EXHIBIT "Bll
DEVELOPMENT SKETCH
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