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HomeMy WebLinkAbout1984 11 13 - Indian River School BoardWITNESSETH WHEREAS, Utilities owns and operates water t•reatinent 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 school, 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 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 Customers located on the property described 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 fires, 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 Developer's consumers shall be reduced or diminished in the 3E^�S%/fltil L LEM�'n/ jslw'YG/oUL r t +• •'-� UTILITY AGREEMENT l�j ! '• day of // 1) e!'071 ,,�� 198 �f, This AGREEMENT, made and executed this , by and between INDIAN RIVER SCHOOL BOARD 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 t•reatinent 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 school, 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 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 Customers located on the property described 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 fires, 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 Developer's consumers shall be reduced or diminished in the ratio or proportion as the supply to Utilities' Customers is _educed 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 5,100 gallons per day. B. DEVELOPER AGREES: 1. To construct a water main from Delaware Street and Fellsmere Road to the Utilities Franchise limit as defined by Utilities at time the plans are approved by Utilities for construction. 2. Upon completion of construction of the water facilities and Utilities engineer approval, Developer shall convey those water facilities to Utilities by a Bill of Sale and will provide Utilities with a No Lien Affidavit, a Release of Lien, a detailed cost of construction, and a certified reproducible set of as-builts of the water lines described in this paragraph. This paragraph shall be a condition precedent to Utilities providing any service and any responsibility for Utilities to operate said facilities. Upon completion of the terms of this paragraph, Utilities shall undertake ownership, operation and maintenance of all water facilities up to the water meters. 3. Developer shall construct all water lines required to be constructed within the property described in Exhibit "A" and to the point of connections as specified by Utilities. All the construction shall be subject to the approval by the Utilities engineer. During the entire period of construction, Utilities shall have the right to have its engineer inspect the construction of said facilities. No application for necessary permits shall be executed or approved by Utilities until plans and specifications for construction have been reviewed and approved by Utilities' engineer. It is expressly agreed and understood by and between the parties to this Agreement that Utilities shall not be liable for any damage or injury which may be sustained by said Developer or other person resulting from the carelessness, negligence, or improper conduct on the part of any other.agents, or employees, or by reason of the breakage, leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or about the said land. Developer shall indemnify and save harmless the Utilities from and against any and all claims, suits, actions, damages and/or damage to property sustained in or about the premises upon which construction is undertaken by Developer, by reason or as a result of the Developer's occupancy thereof, and from and against all costs, counsel fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 4. To pay Utilities total connection charges in the amount of $4,386.00, which are itemized as follows: a. To pay Utilities a water connection (plant capacity) charge at a rate of $.86 per gallon, total $4,386.00 based on the agreed upon and stipulated flow rate of 5,100 gallons per day. I.R. SCHOOL/GDU - 2 - b. To pay a Guaranteed Revenue charge in the amount of $.0129 per gallon per month beginning twelve (12) months from the execution date of this Agreement, until the school is connected and utilizing the reserve facilities. Payments for these items will be made upon submission of appropriate invoice by Utilities following the execution of the Agreement by the Developer. 5. Developer recognizes that the above charges are based on the actual connection rates approved by the City of Sebastian and agrees that if these rates change before the school is connected, to pay the difference between the actual rates and the new approved rates at the time of connection. 6. 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. 7. Any line extensions or other facilities required to be installed by Utilities may be.construdted 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. 8. 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. 9. 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 the 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. 10. 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 11. 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 I.R. SCHOOL BOARD/GDU - 3 - .f•, extensions that may be required hereafter by Developer and which are not presently covered by this Agreement. 12. 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. 13. No tie-ins or hook-ups to the water system shall be made without the express consent of Utilities. 14. To grant Utilities whatever easements are required to provide utility services to the Developer's property or adjacent properties. 15. 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 General Development Utilities, Inc. 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. 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. 4. This Agreement shall not be assigned without the prior written consent of Utilities, which consent shall not be unreasonably withheld. 5. The parties understand that this Agreement must receive prior approval of the City of Sebastian and that should such approval not be given, the parties shall be relieved of all obligations under this Agreement. I.R. SCHOOL BOARD/GDU - 4 - I iA 6. 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 Y i. 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. I.R. SCHOOL BOARD/GDU - 5 - INDIAN RIVER SCHOOL BOARD BY; ATR BY; , $'u.�o ce r i n tin d ert_�• ATTEST:-�-�'- 1 EXHIBIT "A" LEGAL DESCRIPTION That part of the Northwest 1%4 of the Northwest 1/4 of Section 7, Township 31 South, Range 39 East, lying North of the Northerly right- of-way of the Trans Florida Railroad, less the East 197.00 feet thereof; AND, That part of the Trans Florida Railroad lying in the Northwest 1/4 of the Northwest 1/4 of Section 7, Township 31 South, Range 39 East, and being more particularly described as follows: From the Northwest corner of Section 7, run S 00°04'30" E, along the West line of said Section 7, a distance of 2,191.37 feet to the North- erly right-of-way line of said railroad and the Point of Beginning; thence, continue S 00004130" E, a distance of 161.28 feet to the Southerly right-of-way line of said railroad; thence, run N 38°14142" E, along the Southerly right-of-way line, a distance of 1,580.48 feet to a point, said point lying 33.46 feet North of the point of curvature of the centerline of State Road No. 512, as shown on the Plat of Sebastian High- lands Unit No. 12, said curve lying between Lots 48 through 55, Block 490, as recorded in Plat Book 7, Page 57, Indian River County Public Records; thence, run N 00°00155" E, a distance of 161.60 feet to the Northerly right-of-way line of said railroad; thence, run S 38°14142" W, along said Northerly right-of-way line to ..the Point of Beginning. 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