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HomeMy WebLinkAbout1989 06 26 - B.W. Simpkins TrustUTILITY AGREEMENT THIS AGREEMENT, made and executed this W day o J — , 1989, by and between B.W, SIMPKINS TRUST AND F.A. SHERIFF TRUST, a General Partnership, 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, through the Florida Department of Environmental Regulation (FDER), has requested Utilities to serve a 8,800 Square Foot SHOPPING CENTER, known as SEBASTIAN PLAZA, on the property described in the attached Exhibit "A'" (hereinafter the "Property"); and, WHEREAS, the FDER has found the existing water supply to the Property to be contaminated and no longer acceptable from a public health standpoint; and, WHEREAS, the FDER, Water Supply Section, has agreed to pay total connection charges in the amount of $3,379.20 for water service up to but not exceeding an average monthly amount of 1,180 gallons per day, to the Property under Chapter 376 F.S.; 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 described SIMPKINS AND SHERIFF/GDU 1 n 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 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 D'eveloper'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 1,180 gallons per day. B, DEVELOPER AGREES: 1. That the connection charges paid to Utilities by the FDER were based upon the estimated gallons of usage to be supplied to the Property 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. 2. 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 SIMPKINS AND SHERIFF/GDU 2 AOMN 100ft, may require Developer Lo curteiil use which exceeds such estimated require- ments. 3. All rates and charges made by Utilities to Developer, to the FDER, 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. 4. That the provisions of this Agreement shall riot 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. 6. 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. 6. No tie-ins or hook-ups to the water system shall be made without the express consent of Utilities. 7. To grant Utilities whatever easements are required to provide utility services to the Developer's property or adjacent properties. 8. Developer agrees to install, at his expense, a back-flow control device, as specified by Utilities, between each water meter serving the Property and the first service of each meter, 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 his own expense. 9, 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 the 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. SINPKINS AND SHERIFF/GDU 3 10. Developer agrees that upon the availability of water service from Indian River County, he will immediately notify Utilities and disconnect from water service of Utilities and pay all applicable connection fees to Indian River County. Utilities will not be obligated to refund any charges collected under the terms of this Agreement. 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 the 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, whose consent shall not be unreasonably withheld. 4. .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(1) 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. 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 line extensions will be made to the property line at such points as are mutually agreed to by Developer and Utilities. 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. SIMPKINS AND SHERIFF/GDU 4 0006� .-*1 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. UE"RAP DEVELOPNT UT ITIES, INC. B.W. SIMPKINS TRUST-ND'F.A. SHERIFF M TRUST / lj 1 ) ic@ 4 By Preside B.W impki Trustee ATTEST: WITNESS: Sec etar WITNESS: BY: // A. Sheri , rr�u(st_een, WITNESS:GL((hGc WITNESS:�� Invoices for vacant units shall be sent to: S&S Rentals 400 High Point Drive, Suite 500 Cocoa, FL 32926 S & S RENTAL/GDU 5 EXHIBIT "A" Legal Description Goo From the North East corner of the North West 1/4 of Section 7, Township 31 South, Range 39 East, Indian River County, Florida, run West along the North line of said Section 7 a distance of 803.88 feet to the Southerly Right of Way line of the Trans -Florida Central Railroad; thence South 38 69' West along the Southerly Right of Way line of the Trans -Florida Central Railroad, a distance of 398.56 feet to the Point of Beginning of the herein described parcel; thence continue South 38 59' West along said Southerly railroad Right of Way line a distance of 291.59 feet; thence South 34 48' 31" East a distance of 237.96 feet to the Northerly Right of Way line of State Road No. 612 (Fellsmere Road); thence Northeasterly, along said Northerly Right of Way line along a curve deflecting to the left, having a central angle of 7 37' 21" and a radius of 2107 feet an arc distance of 280.31 feet; thence North 34 48' 31" West a distance of 326.85 feet to the Point of Beginning. Containing 1.83 acre more or less. S & S RENTAL/GDU 6