HomeMy WebLinkAboutScherrer, Ronald - 1716 US Hwy 1- Dive ShopAGREEMENT BETWEEN THE CITY OF SEBASTIAN AND
MR. RON SCHERRER, OWNER OF THE DIVE SHOP
1716 NORTH U.S. #1, SEBASTIAN, FL 32958
This Agreement is entered into this _day of T
1995 by and between the CITY OF SEBASTIAN, FLORIDA, a Municipal
Corporation of the State of Florida, hereafter referred to as the
CITY, and Ronald Scherrer, owner of the Dive Center at 1716 North
U.S. #1, Sebastian, F1 32958, more particularly described as Lots
1,2,3,4 and 5, (less Right -of -Way for new U.S. Highway #1), Block
4, Ocean Breeze Subdivision, according to the plat recorded in Plat
Book 2, Page 7, Public Records of Indian River County, Florida, for
the purpose of allowing an electrical meter and associated wires
belonging to Florida Power and Light Company and a meter can and
electrical conduits owned by the City of Sebastian to be affixed on
the north wall of the Dive Center located at the above address and
an automatic pedestal pump and valve controller and associated
conduits to be located in close proximity to the building on the
north side.
WITNESSETH
WHEREAS, the City must locate an electrical service and
automatic controller for a pump station on the north side of the
Dive Center; and
WHEREAS, the pump station is essential for providing water to
the irrigation system located in the U.S. Highway #1 median west of
the Dive Center; and
WHEREAS, the installation of a concrete pole to carry an
overhead electrical service cable, meter box, and automatic
controller will obstruct the Dive Center sign on the north wall of
the building; and
WHEREAS, the location of an electrical service can feasibly be
located on the north wall of the Dive Center and the automatic
controller can be feasibly located in close proximity to the
building without obstructing the Dive Center Sign on the north
wall;
NOW, THEREFORE, in consideration of the mutual terms,
Page 2 of 4
conditions, promises, covenants, and premises hereafter set forth
and pursuant to this Agreement, the City of Sebastian and Ron
Scherrer, Owner of the Dive Shop agree as follows:
1. The Owner of the Dive Shop, Ron Scherrer, will allow
the City to install a permanent electrical service
consisting of an underground conduit from the
Florida Power and Light pole in the U.S.Highway No 1
right-of-way to the building, and up to the meter
can,a meter can with meter which shall be affixed to
to the north wall of the Dive Shop Building, and a
conduit from the meter can running underground to
the irrigation pump. The Rain Bird stainless steel
pedestal mounted control cabinet owned by the City
shall be allowed to be located at the northeast
corner of the Dive Shop within three (3) feet of
the building wall on the Dive Shop property.The
Owner agrees to allow the City to install the
necessary conduits from the control cabinet to the
irrigation pump for proper operation.
2. The Owner agrees to pay for half of the cost of the
service installation from the power pole in the
US 1 right-of-way to the irrigation pump; the total
cost being $431.00 and one-half being $215.50.
3. This Agreement shall be honored and upheld and be
binding upon by any assigns, successors, heirs, and
/or receivers who became owners or part owners of
the Dive Shop building.
4. The Owner of the Dive Shop agrees to allow the City
access to maintain and make any repairs necessary
to the conduits to and from the meter can to the
pump station at anytime necessary.
Page 3 of 4
5. The City agrees to restore that portion of the
building and/or lawn it may damage or disturb
during the course of maintenance and/or repair
operations.
6. Should the building be destroyed by fire, hurricane
tornado, or by any other causes, the Owner shall
permit the City to install a temporary pole to
provide for electrical service and meter for the
pump station until such time as a permanent service
can be installed on a repaired or rebuilt building.
7. A copy of the Agreement shall be recorded in the
Public Records of Indian River County, Florida,
upon its execution and all parties hereto.
8. This Agreement may be amended only in writing with
approval by all parties executing this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by the Mayor of the City and the present
owner of the Dive Shop.
CITY OF SEBASTIAN, FLORIDA
GaFc' 9E T
Arthur Firtion, Mayor
Attest.
Kathryn 'Halloran, City Clerk
The
�DIVE
� SHOP
Ronald Scherrer, Owner