HomeMy WebLinkAbout1980 11 24 - School district of Indian River County.
PE'L/CAN I51AA10 LIZ 41,041 S C-L/oU L_ y
UTILITY AGREEMENT
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THIS AGREEMENT, made and executed this 24th day of November
1980, by and between the SCHOOL DISTRICT OF INDIAN RIVER COUNTY, hereinafter
referred to as Developer, and GENERAL DEVEIAPMENT UTILITIES, INC., a Florida
corporation, hereinafter referred to as Utilities.
WITNESSETH:
WHEREAS, Utilities owns and operates water treatment and sewage
treatment facilities in Indian River County, Florida capable of serving
Developer in addition to the present consumers of Utilities; 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 encon-passed 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 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. 4b furnish to those consumers 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
failures of pressure or supply due to breaks in the main water
supply line and/or sewage force main equipment and/or power
failure, flood, fire and use of water to fight fire,
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catastrophes and other matters beyond the control of Utilities
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shall excuse Utilities from the provisions hereof for such
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II reasonable period of time as may be necessary to restore service
to normal conditions.
LAW OFFICES OF COLLINS. BROWN. CAL.DWELL. G EVANS
P. O. BOX 3686 - 744 BEACFII.ANG BOULEVARD - VERO BEACH, FLORIDA 32960
P- NONE 231-4343
P. O. DOX 266 - 221 NUR 11-1 U. e. NO. 1 - 5EBAsn,',N. FLUR;JA 32938
�I PHONE 509.3156 i
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3. It will, at all LbPes, oneratc and maintain its treatment
facility in an efficient manner and will take such action as
may be necessary to provide the capacities required. Circumstances
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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. In the event of an
extended water shortage, or the supply of water available to
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Utilities for distribution to its consumers is otherwise
diminished over an extended period of time, the sucply of water i
to the Developer's consumers shall be reduced or diminished in
1i same ration or proportion as the supply to Utilities' consumers
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is reduced or diminished.
�. 4. To provide water in such quantity as may be rewired by
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tCustomer, up to, but not exceeding an average monthly amount
of 61750 gallons per day.
A. DFVEIDPEP, AGREFS:
1. Yb pay Utilities total charges in the amount of $70,000.00,
which are itemized as follows:
(a) `ib pay Utilities a connection (plant capacity) charge
at a rate of $0.36 per gallon, total $2,430.00, based on the
agreed upon and stipulated flow rate of the 6,750 gallons
per day.
(b) `Ib nay Utilities a main.extension charge of $2,288.50
based upon 11045 feet at a rate of $2.19 per foot.
(c) 4b pay Utilities $265.00 as a meter connection charge i
C -G. Po" 3" (i -54) n..k•�
for installation of a -two -inch -09 -meter.-
(d) Rb pay Utilities a 02,430.00 sewer connection (plant i
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capacity) charge at a rate of $.036 per gallon for 6,750
gallons.
(e) 2b pay Utilities a sewer main extension charge of
$7,444.74, coW.uted for 1, 138.34 feet at $6.54 per front
foot.
(f) Zb pay Utilities a $55,151.76 carrying cost charge
for providing water and sewer line extensions earlier than
projected.
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Payments of these it:eis will be made upon submission of appropriate
invoice by Utilities following the execution of this 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
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this Agreement. Developer agrees to pay any additional charges E
which would be required by applying the rates contained in this
Agreement to any reoomputed gallons of usage. j
3. ,Any line extensions or other facilities required to be
installed by Utilities may be constructed by Utilities prior to the
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dates when payments may be due from Developer, and Developer shall
still be obligated for such payments as are required in this
Agreement.
A. 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
Developer, and Utilities may require Developer to curtail use
which exceeds such estimated requirements.
5. 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 in accordance
with the tariff filed by Utilities with Indian River County, Florida,.
in accordance with such tariff, as amended, as may be from time to
time adopted and approved by Indian River County, Florida, in accord-
ance with its regulatory authority, contained in applicable statutes,'i
ordinances, rules and regulations.
6. 7b 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.
7. '.hat the provisions of this Agreement shall not be construed
as establishing a precedent as to the amount or basis of
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of contributions to be made by Developer or other custou-:rs, or the
E acceptance thereof on the part of Utilities for other utility I
system extensions that may be required hereafter by Developer and
i' which are not presently covered by this Agreement.
B. To pay Utilities within thirty (30) days after statement is i
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rendered by Utilities, all suns due and payable as set forth in
jsuch statement; provided, however, the suns payable pursuant to
' Paragraph B (1) hereof shall not be due until thirty (30) days
�. after water and sewer is available for use by the Developer as
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I contemplated in this Agreement. Upon the failure or refusal of
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i Customer to pay the amounts due on statements as rendered; Utilities
i; may, in its sole discretion, terminate water and sewer service to !
Customer.
9. 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.
10. No tie-ins or hook-ups to the water and/or sewer system shall
be made without the express consent of Utilities. ,
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11. Developer agrees to 'iii5ta11, at its expense, a back flow control
device, as specified by Utilities. Utilities shall have the right
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to inspect the Developer's facilities at any time to cher_k for
cross connections and any other possible source of contamination.
The Developer agrees to correct, witYiout delay, all such hazards to
the system at its, own expense.
' C. UTILITIES AND DEVELOPER AGREE:
1. This contract shall be governed by applicable rules, laws and {
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regulations of any governmental body, Federal, State or local, includes
ing departments and agencies having jurisdiction of Indian River It
County, Florida. The parties agree to be bound by such increase or
decrease in rates which may be prescribed, from time to time, by
said body or other agency having jurisdiction thereof.
2. This contract 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
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Contract shall be deemed proixrly given when sent by Unil.c,'!;tater
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C'.eri:ified Mail, Return Receipt Requested, to the respective pa=ti.es
herein, at the last ]mown address of either of the parties.
4. Water and sewer line extensions will be made to the property
line at such points as are mutually agreed to by Customer and
i Utilities.
5. This Agreement shall be for an initial period eorm!enci.ng on the
i date of this Agreement and ending on the date of expiration of
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Utilities present Franchise Agreement with Indian River County,
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! and shall be automatically renewed thereafter on an annual basis,
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unless written tenaination notice is given by either party to the
Ii other party thirty (30) days prior to any anniversary date.
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ii IN WITNESS WHEREOF, the parties have caused these presents to be
;executed on the day and year first above written.
;Witnessed by:
(:F NO1 AL DEVZMPMENT UTILITIES, MC:.
Harold E. Sclunift, fr'esident t"
ATTEST:
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SCt100L ��I%%STRICT (?F�Il�`4 RIVER ODUNTY
BY:
ATTEST:
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AM410
LEGAL DESCRIPTION
Tract G, Sebastian Highlands, Unit 17, as recorded in
Plat Book 8, Page 46G of the Public Records of Indian
River County, Florida, lying in portions of Sections
1.9, 20, 29 and 30, Township 31 South, Range 39 East,
in the City of Sebastian, Indian River County, Florida.
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EXHIBIT "A"
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