HomeMy WebLinkAbout1988 09 02 - Church of God}�•=.,GA �aU v of �LU-1_41 i� I r, cS R•, DQ Wb �
UTILITY AGREEMENT
THIS AGREEMENT, made and executed this M> day of 1
1988, by and between CHURCH OF GOD, INC., 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
Brevard County capable of serving Developer in addition to the present
consumers of Utilities; and,
WHEREAS, Developer Vise requested Utilities to serve a 150 Seat
Church 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 I3as agreed to furnish water to said property,
and to enter into an Agreement with Developer specifying provisions and
terms con'ce ruing same.
NOW THEREFORE, for and in consideration of the mutual promises and
obligations hereinafter set forth, the parties do hereby agree as
f ollows;
A. UTILITIES AGREESs
1, To furnish to those Customers located on tlse property descri—
bed in Exhibit "A", during the term of this Agreement or any renewal or
extension hereof, potable treated Hater 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 mattera beyond the control of Utilities shall excuse Utilities
f rom the p rovisi one he re of f or su ch reas onable pe ri od of time as may be
asceaasry to restore service to normal. condi ti one.
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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 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 450
gallons per day.
B. DEVELOPER AGREES:
I. To pay Utilities connection charges in the amount of $3,573.33
which are itemized as follows:
a. To pay Utilities a water connection (plant capacity)
charge at a rate of $2.44 per gallon, total $1,098.00 based on the agreed
upon and stipulated flow rate of 450 gallons per day.
b. To pay Utilities a water main extension charge of
$20375.33 based upon 202.50 feet at a rate of $11.73 per foot.
C. To pay Utilities $100.00 as a water meter connection
charge for installation of One 3/4—inch meter(s),
2. To pay a monthly Guaranteed Revenue/Reserve Capacity charge in
the amount of $21.38 per month, after twelve months from the execution
date of the Agreement, until the connection is 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
charges change or if new charges are approved and in effect at the time
Vr c:uuuncclon, ne wilt pay the dittereuce between the current charges and
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those in effect at 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 nha11 still bo obligatcd for ouch
payments as are required in this Agreement.
7. Utilities is not obligated to provide plant capacity or
aarvicc 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.
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 asrvice, 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
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3
required hereafter by Developer and which are not presently covered by
this Agreement.
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 discration, 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 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:
i• 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.
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3. This Agreement shall riot 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)
novo ring ape oial agrccmcnte, rcqui rCc app ruval by me 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 so 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.
IN WITNESS WHEREOF, the parties have caused these presents to be
executed on the day and year first above written.
GENERAL DEVELOPMENT UTILITIES, INC.
�BYi `1 -1 &K I
Resistant -Vice President
ATTESTi_>
5 Se c ce t a ry
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CHURCH OF GOD, INC.
BY:
ATT
Hotasv W4 State of Honda
MY Commission Expires Od. 17, 1989
".d.d nn 1,, fdn Jmunnp yin
EXHIBIT "All
LEGAL DESCRIPTION
A portion of Tract "H", Sebastian Highlands Unit 15, as recorded in Plat
Book 83 Page 44 A -D, Public Records of Indian River County, Florida.
Being more particularly described ea follows: From the northeast corner
of said Tract "ti"; run S 52 04'17" E a distance of 20the feet; thence run
S 37 55`43" W a distance of 159.72 feet; of
1. N 52 0 hent W a
distance of 201.17 feet to a point on a curve concave to the southeast;
thence northeasterly along said curve having a radius of 6711.63 and a
central angle of 0 50'22", an are distance of 98.13 feet, to the point of
tangency; thence run N 38 14'59" E a distance of 61.34 feet to the point
Of beginning.
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