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HomeMy WebLinkAbout1991 12 30 - Sebastian General PartnershipUTILITY AGREEMENT THIS AGREEMENT, made and executed this 3-D—A day of G . , 1991, by and between SEBASTIAN GENERAL PARTNERSHIP, B.F.T., 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 Commercial Industrial PUD on the property described in the attached Exhibit "A" (hereinafter the "Property") according to the Water Capacity Allocation schedule described in the attached Exhibit "B". 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 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 conditions. SGP/GDU ,�. 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 12,373 gallons per day. B. DEVELOPER AGREES: 1. To pay Utilities connection charges in the amount of $37,946.70 which are itemized as follows: a. To pay Utilities a water connection (plant capacity) charge at a rate of $2.44 per gallon, total $30,190.12 based on the agreed upon and stipulated flow rate of 12,373 gallons per day. b. To pay Utilities a water main extension charge of $7,756.58 based upon 661.26 feet at a rate of $11.73 per foot. C. To pay Utilities a water meter connection charge at the time each meter is requested. 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 these charges change or if 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 SGP/GDU 2 eIN r1 AW ••, 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 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, 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 by Developer and which are not presently covered by this Agreement. SGP/GDU 3 0 , 000\ /, 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 and/or adjacent properties. 14. Developer agrees to install, at its expense, a back-flow control device, as specified by Utilities between each water meter and the first service off such 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 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. 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 i 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, the Utility agrees to include the aforesaid capacity in its water system for the Developer. However, it is mutually agreed and understood by the Utility and the Developer that the said inclusion of capacity by the Utility in its water system does not guarantee connections to the Utility's. -f- Q -f— a—rantee the ability of the Utility to deliver water in the ty is prohibited, limited or restricted from making such reserving capacity for, or delivering such flow by local, 4 A''1 e1 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 the Utility again to render such service. In any such event, the Developer agrees that the Utility shall not be liable or in any way responsible for any costs or losses incurred by the Developer at 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(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. 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 address of either of the parties. SGP/GDU 5 r1 r1 8. 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. 9'. 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. D. OTHER CONDITIONS: 1. Developer shall be responsible for the design, permitting, and construction of all on-site water facilities, and for connecting the same to the existing 12 inch main on State Road 512. If the water facilities are to be constructed in phases, they shall be clearly identified on the plans and construction of any phase(s) shall not commence unless Developer has received from Utilities, a final set of utility engineering plans marked "GDU Approved For Construction". 2. All construction shall be in accordance with the approved plans and specifications by the Utilities and subject to prior written approval by the Chief Engineer for Utilities, which approval shall not be unreasonably delayed or withheld. If construction of any portion of the water distribution system does not commence within twelve (12) months of original plans approval by Utilities, Developer shall resubmit plans for that portion to Utilities for review and re -approval. 3. Developer agrees that during the entire period of construction, Utilities shall have the right, but not the obligation, to inspect the construction of said facilities. Developer further agrees to compensate Utilities for said inspection services, bacteriological sampling and water for quality control testing, according to the current rates (which are subject to change from time to time) shown in Exhibit "C", attached hereto. Payment for these services is due within twenty (20) days after an invoice is rendered by Utilities. No applications for necessary permits shall be executed or approved by Utilities until plans and specifications for construction have been reviewed and approved by the Chief Engineer for Utilities. Upon completion of construction and certification by a registered Florida SGP/GDU 6 r'1 OON Professional Engineer that the water facilities are in compliance with all applicable governmental regulations as evidenced by applicable governmental permits and/or approvals, Developer shall notify Utilities of said completion and make available said facilities and one (1) set of reproducible and two (2) sets.of signed and sealed blue -line as -built engineering plans for inspection and approval by Utilities' Chief Engineer. Upon the Utilities' Chief Engineer finding such facilities satisfactory, and proper certification to and approval by applicable regulatory agencies, Developer shall convey such facilities to Utilities by a Bill of Sale and will provide to Utilities a No -Lien Affidavit, a Release of Lien, appropriate recorded utility easements, and a detailed accounting of the cost of construction of,the water facilities, certified by the contractor. This paragraph shall be a condition precedent to Utilities providing any service and assuming any responsibility for said facilities. Upon completion of the terms of this paragraph, Utilities shall undertake operation and maintenance of said on-site water facilities, up to the point of delivery. IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day and year first above written. GENERAL,6jV�PMEN) UTILITIES, INC. SEBASTIAN GENERAL4ARTNERSHIP, B.F.T. BY: President STATE OF FLORIDA ) SS COUNTY OF INDIAN RIVER) BY: Its Gene al Partner WITNESS: WITNESS: �bo1�13 AOC.K(aFY"% �ot,s Lot.KaK BEFORE ME, the undersigned authority, this day personally appeared '1iC41ifY f%. !-�SGa general partner in the firm of Sebastian General Partnership, B.F.T., to me personally known, who acknowledged the foregoing instrument for the purposes therein contained, and had acknowledged that he/she was authorized to execute said instrument as the act and deed of the partnership. IN WITNESS WHEREOF, I have hereunto set my hand and seal at , Indian River County, Florida, this /7 day of�C CE/�1 , 1991. \SYGIP/G-DU Commission Expires: 11a4ory Pub4f. S4ofa of FlwWo M1 COi M !;- i Fs?Fv AMI 10, 1991 uro.d rw.,, Imy F, ,, . rw.oM. y Notary Publi /9 AIX) 4 -PEWAy rA 501 AMN EXHIBIT "A" LEGAL DESCRIPTION oolk, THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 1T, TOWNSHIP 31 SOUTH, RANGE 38 EAST, ALL LYING SOUTHERLY OF LINE 512. SGP/GDU 8 EXHIBIT "B" WATER CAPACITY ALLOCATION LOCATION/DESCRIPTION SQUARE FEET Lot 1, Elk's Lodge w/60 seat Lounge N/A and 100 seat Restaurant Lots 2, 3, & 5, Office Buildings 20,000 Lot 4, Light Industrial Factories w/o showers 10,000 Warehouse/Storage 10,000 Lots 6 & 7, Commercial Retail 45,450 Tracts "A" &" B", Use Not Determined 8,000 TOTAL MAXIMUM GALLONS PER DAY:. 0 MAXIMUM RATED GALLONS PER DAY 5,300 2,000 1,500 500 2,273 800 EXHIBIT "C" SCHEDULE OF�7 CURRENT CHARGES Quality Control Inspection: On-site inspection services will be provided at $15.07 per hour, per inspector during regular working hours (7:30 am - 4:30 pm, Monday through Friday) and at $22.61 per hour, per inspector after regular working hours as well as weekends and holidays. Bacteriological Sampling: Utilities will collect samples, perform laboratory analysis and provide results to the Developer at a rate of $17.50 per sample. Water for Quality Control Testing: Utilities will provide water for filling, pressure testing, chlorinating and flushing of newly constructed lines at $1.24 per thousand gallons for the first 10,000 gallons, and at $1.55 per thousand gallons thereafter. SGP/GDU 10 n OON Y a