HomeMy WebLinkAbout1989 02 14 - Wissel Construction5't(3 aur
UTILITY AGREEMENT
THIS AGREEMENT, made and executed this 14ay of F4, 1989, by and
between ROY WISSEL dba WISSEL CONSTRUCTION, a sole proprietorship, 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 has requested Utilities to serve a 4,800 Square Foot Retail
Building on 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 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:
11. '.To furnish to those Customers located on the property described in Exhibit
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
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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 480 gallons per day.
B. DEVELOPER AGREES:
1. To pay Utilities connection charges in the amount of $3,225.13 which are
itemized as follows:
a. To pay Utilities a water connection (plant capacity) charge at a rate
of $2.44 per gallon, total $1,171.20 based on the agreed upon and stipulated flow
rate of 480 gallons per day.
b. To pay Utilities a water main extension charge of $1,653.93 based
upon 141 feet at a rate of $11.73 per foot.
C. To pay Utilities $400.00 as a water meter connection charge for
installation of Four 3/4 -inch meter(s).
2. To pay a'Guaranteed Revenue/Reserve Capacity charge in the amount of $5.70
per unit per month, for those units riot connected to or using reserved facilities
of the system, after twelve months from the execution date of this agreement,
uritil'each unit is corrrrected and utilizing the reserved facilities. This charge
is subject to change from time to time as approved by the appropriate regulatory
'4uthority,
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 charees chance
or it new charges are approved and in effect at the time of connection, he will
pay the difference between the current charges and those in effect at the time
of connection and any newcharges 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
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IOM� IOON
Utilities to supply the services set forth in Paragraph A-1 may be constructed
by Utilities prior to the dates when paymenLs mtiy be duc from Developer, and
Developer shall still be obligated for such payments as are 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. 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.
S. 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 riot 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
by -Developer and which are not presently covered by this Agreement.
111'. 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 his 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 his own expense.
15. Developer shall be responsible for the installation of any additional Fire
WISSCL/GDU 3
AOE*A 00MN
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.
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 agree-
ments,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.
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.
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i-. r".
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:
►3 AO
VAssistant -Vice President
ATTEST:
A . " —
Astir, Secretary Vo
ROY 14ISSEELL dba14ISSEL CONSTRUCTION
BY: / `�aivL4�
WITNESS:
WISSEL/GDU g
EXHIBIT "A"
LEGAL DESCHIPT10h
Lots 46, 47, and 48, Block 492 in Sebastian Highlands Unit 12 according to the
plat thereof as recorded in Plat Book 7, Page 57, Public Records of Indian River
County.
X
W'ISSGL/GDU 6