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HomeMy WebLinkAbout1984 01 16 - GDU and Muller AgreementGeneral Development Utilities, Inc. JAN 18.1984 January 16, 1984 - - —� Mr. Dan Kilbride City Attorney City of Sebastian P. O. Box 127 Sebastian, FL 32958 Re: General Development Utilities, Inc. - Muller Enterprises, Inc., Agreement Dear Dan: Attached for your attention are the originals for the above referenced Agreement. As you requested, Mayor Flood and yourself will sign the documents indicating the City of Sebastian approval. Upon completion, please return both originals to me for my distribution to Muller Enterprises and our files. Your attention to this is appreciated. Sincerely, GENERAL DEVELOPMENT UTILITIES, INC. Port Malabar, Port St. John, Sebastian Highlands Greg Ki-sela Division Manager GK:gwt Attachments cc: Honorable Pat Flood, Mayor Robert F. Jaffe File 3.066 Port Malabar, Pod St. John, Sebastian Highlands Divisions A General Development Subsidiary 440 S.E. Dixie Hwy., Palm Bay, Florida 32005 telephone 305 723 2877 U UTILITY AGREEMENT THIS AGREEMENT, made and executed this 5--�L day of�1983_, by and between Muller Enterprises, 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 Indian River County capable of serving Developer in addition to the present consumers of Utilitlefi and, WHEREAS, developer has requested Utilities to serve a condominium project 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. That it shall inspect all water lines Developer constructs and submits for approval. 2. That if Utilities finds they have been constructed in accordance with plans and specifications approved by Utilities and all other applicable regulations, it shall accept the water lines and shall take ownership and maintenance responsibility therefore. 3. If at any time during a period commencing thirty days after the execution of this Agreement and ending seven years from such execution any third party is connected to the water lines constructed by Developer, then and in such event, and so often as such connections shall be made, Utilities shall reimburse Developer for the cost of the water lines to the Developer's meter on a pro -rata basis, less the applicable lino capacity charges at the time each new third -party Certificate of Occupancy is presented t l Utilities. 4. To furnish to those Customers located on the property described in EXHIBIT "A", during the term of this Contract or any renewal or extension hereof, potable treated water in accordance with standards of the state regulatory agencies of the State of Florida. t S. To furnish water a reasonable constant normal l..essure 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. 6. 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 capaci- ties required. Circumstances resulting in the temporary or partial failure to deliver water as required by this Agreement shall be remedied with all possible 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 dinimished. 7. To provide water in such quantity as may be required by Customer, up to but not exceeding an average monthly amount of 34,000 gallons per day. B. DEVELOPER AGREES: TO pons „A,:,WteF slit 11 from Schumann Drive A {�,$. NP• l tq the 1 }. Franchise limit as defined by Utilities at time the plans are approved by Utilities for construction. 2. Developer shall obtain all applicable permits and construct all water and sewer lines required to be constructed to provide service to the residents thereof. All construction shall be subject to the approval by the Utilities' engineer and shall be in accordance with plans and specifications approved 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 applications for necessary permits shall be executed or approved by Utilities until plans and specifications for construction have been reviewed and approved by Utilities' engineer. 3. Upon completion of construction of the water facilities, Developer shill notify Utilities of said completion and make available said water facilities and engineering plans for inspection and approval by Utilities' engineer. Upon Utilities' engineer find- ijg such water facilities satisfactory, Developer shall convey such water facilities to Utilities by a Bill of Sale and will provide to Utilities a No -Lien Affidavit, a Release of Lien and a detailed account of cost of construction of the water facilities. This paragraph shall be a condition precedent to Utilities providing any service and any - 2 - respoimibility for Utilities operate said facilities Y Upc.. .:ompletion of the terms of .this paragraph, Utilities shall undertake operation and maintenance of said facilities. 4. Prior to commencement of construction of the water facilities, Developer shall provide utilities with no less than two (2) proposals by reputable contractors. Said proposals shall be subject to review and approval by Utilities prior to Developer's acceptance of said proposal. Should the proposals submitted not be satisfactory to Utilities, Developer shall provide additional proposals as requested. 5. To pay Utilities total connection charges in the amount of $29,240.00 which are itemized as follows: a. To pay Utilities a water connection (plant capacity) charge at a rate of $.86 per gallon, total $29,240.00 based on the agreed upon and stipulated flow rate of 34,000 gallons per day. b. To pay Utilities a water reserve capacity charge per unit one month from the date of execution of this Agreement until all the unit is connected to the sytem and using the reserve facilities, in the amount of $ 3.10 per unit per month. Payments for these items will be made upon submission of appropriate invoice by Utilities following the execution of the Agreement by Developer. 6. The charges contained in this Agreement are based upon the estimated gallons of usage to be g4ppli0 to'reloper pnd Utilities reserves tyle right to revise ytt. 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. 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. 8. 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 services 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 adoptgo and approved by the City of Sebastian in accordance with its rejulatory 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. - 3 - -10. That the provisio,.6 of this Agreement shall not be ;onstrued 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. 11. 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. 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 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 DEVALOPRJt AGREE: _.._. 1. The parties understand that the main extension and service availability charges set forth herein must receive prior approval of the City of Sebastian and that should such spproval not be given, the parties shall be relieved of all obligations under this agreement. Additionally, the jurisdiction affecting service to developer may be contested by Indian River County. Should it ultimately be determined that Indian River County and not the City of Sebastian is the agency having jurisdiction over the Utilities to service the Developer, Utilities shall be relieved of any responsibility hereunder. 2. 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,baving jurisdiction thereof. f 3. This Agreement shall be binding upon the successors, assigns and legal representatives of the respective parties hereto. 4. This Agreement shall not be assigned without the prior written consent of Utilities, which consent shall not be unreasonably withheld; provided, however, that - 4 - Utilities hereby consents in .jvance to the assignment by Deva_iper to the master condominium association to be formed by Developer for the management of the condominiums to be constructed on the property described in the attached Exhibit "A" of all of this Agreement saving only the rights of reimbursement described in Section A.3 hereof, which rights shall be retained by the Developer. Such assignment by the Developer to the master condominium association shall be made at such time as Developer shall decide. 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 extension will be made to the property line at such points as are mutually agreed to by Customer and Utilities. 7. 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, such notice to terminate shall be subject to review and approval by the appropriable governmental authority. IN WITNESS WREREOF, the parties have caused these presents to be executed on the pAy grid year first AboV4-,8r4.1kk p- -L6p)WNT UTILITIES, INC. PRESIDENT ATTEST: ,e.......... ••• •'lpl¢mrM ed As TC°'Pod1W. =3= City Attorney 40 0 Preside ATTEST: Cecelia Z.G4aller Secretary r ,r awXXXXXXXXXXXXXXXXXXI XNML$$$XXXXXXXXXXX i (Corpor te-s�alj�' � EXHIBIT A Portion& of Government Lots 3 and 4, Section 8, Township 31 South, Range 39 Bast, Indian River County, Florida, more particularly described as follows: Coisncing at the Southwest corner of aforementioned Government Lot 4, run South 89' 38' 22" East, along the South line of said Government Lot 4, also being the South Section line, 84.96 feat to the East right-of-way of State Road No. 5 (U.S. Highway No. 1); thence North 25' 57' 59" West along said right-of-way, 39.01 feat to the Point of Beginning. From the Point of Beginning, continue North 25' 57' 59" West along said East right-of-way, 154.21 feat to its inter- section with the East line of aforementioned Government Lot 3; thence continue North 25' 57' 59" West along said right-of-way in Government Lot 3, 394.11 feet to the South line of Floravon Shores Subdivision, as recorded in Plat Book 4, page 78, Public Records of Indian River County, Florida; thence leaving State Road No. 5 right-of-way, run North 88' 20' 31" East along the South line of said Floravon Shores, 173.38 feat to its intersection with the East line of Government Lot 3; thence continue North 88' 20' 31" East, in Government Lot 4, 1,070 feet, more or less, to the Westerly shore of the Indian River; thence meander Southeast- erly along the shore of the Indian River 720 feet, more or leas, to its intersection with a line which bears South 89' 38' 22" East from the Point of Beginning and is 35 feet North of and parallel with the South line of Government Lot 4; thence North 89' 38' 22" West, 1,300 feet along said line, parallel with the South line of Government Lot 4 to the Point of Beginning. ALSO BRING DESCRIBED AS: That part of Government Lot 3, lying East of U.S. Highway No. 1, as now located, and all of Government Lot 4, Section 8, Township 31 South, Range 39 East, Indian River County, Florida, LESS AND BXCEPTparcels described in Deed Book 85, page 63, AM Dead Book 102, page 406, Public Records of Indian River County, Florida and also IMS the South 35 feat of said Government Lot 4. .. . ' 4..1 ;....