HomeMy WebLinkAbout1984 09 14 - Clare Sommers & Roberta Jones1 �� 1�11fL5L1L't F� C ' 1 LU
SC.tt t/tAn,..�,.7hIvG
11'P11.1T1' AGR1.1111t;'f
THIS AGREEMENT, made and executed this day of Jc�fP M �jPv 198d�`I,
by and between Ms. Clare Somn2 rs & Ms. Roberta Jones 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 IP& M River
County capable of serving Developer in addition to the present consumers of Utilities;
and,
WHEREAS, Developer has requested Utilities to serve P v cchrnj
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 Contract 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 supp *f water to the Developer's cd}fsumers 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
530
gallons
per
day.
B. DEVELOPER AGREES;
1. To pay Utilities total connection charges in the amount of $ 1,732.66
which are itemized as follows:
a. To pay Utilities a water connection (plant capacity) charge at a rate
of $ .86 per gallon, total $ 455.80 based on the agreed upon and stipulated
flow rate of 530 gallons per day.
b. To phy Utilities a water line capacity charge of $ 1,176.86 based upon
163 feet at a rate of $ 7.22 per foot.
C. To pay Utilities $ 100.00 as a meter connection charge for installation
of a 3/4 inch meter(s).
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 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 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. Y� v
5 , .411 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
- 2 -
amended, as may
befrom 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.
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 hereafter 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 prdperty 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 (.enpr�l T'ewPInFMent Tltillties, 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 -
SON -ERS, JaUB/GDU
4� Water line extej ^ins will be made to the prr:y line at such points as
are -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:
/, ✓ 1�'
ATTEST;
0
SCY,YdERS, JONFS/GLU
— 4 —
MS. CLARE SOMMERS AND
MS: ROBERTA JONES
BY:�
ATTEST:
BY:
ATTEST:
MEIBIT "A"
Legal Description:
L
Lot 1, Block 448, Sebastian Highlands, Lhi.t 17, as Recorded in
Plat Bode 8, Page 46, Public ieocrds, Indian River County,
Florida.