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HomeMy WebLinkAbout1982 12 10 - Reflection on the RiverUTILITY AGREEMENT THIS AGREEMENT, made and executed this �(') day of 19829 by and between 'REFLECTIONS'ON"THE—RIVER--, 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 and sewage treatment facili— ties in THE CITY OF SEBASTIAN capable of serving Developer in addition to the present consumers of Utilities; and, WHEREAS, UTILITIES acknowledges its obligations to serve all present and future Customers within its franchised area; and WHEREAS, Developer has requested Utilities to serve 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, to accept sewage for treatment from said property, and to enter into a contract with Developer specify— ing 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: I. 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 and treatment of sewage 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 sewage force main equipment and/o;,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. 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 capaci— ties required. Circumstances resulting in the temporary or partial failure to deliver .water -o. -'inability to handle sewage as required by this Agreement shall be remedied with all possible dispatch, such circumstances shall not include over commitment by Utility to its customers. 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 70,000 gallons per day. Utilities Agrees: 5. To reimburse the funds advanced, to Developer as set forth in Paragraph B.-2 up to One Hundred and Five Thousand Dollars ($105,000.00). This refund shall be made once a year in the amount of the total water bills for the year paid by the Developer for a period of seven years. In no event shall the amount refunded exceed $105,000.00. The obligation of Utilities for any such reimbursement shall terminate seven (7) years from and after the execution date of this agreement. The implemen- tation of this paragraph shall not serve to reduce or increase the number of users for the purpose of establishing annual service charges per user. For this Agreement, the number of users shall be based on the equivalent residential connection concept for residential and commercial connections. B. DEVELOPER AGREES: 1. To pay Utilities 'total connection charges in the amount of $ 215,600.00 which are itemized as follows: a. To pay Utilities a connection (plant capacity) charge at a rate of $ 0.86 per gallon, total $ 60,200.00 based on the agreed upon and stipulated flow rate of 70,000 gallons per day. b. To pay Utilities a $ 155,400.00 sewer connection (plant capacity) charge at a rate of $ 2.22 per gallon for 70,000 gallons. Payments for these items will be made upon submission of appropriate invoice by Utilities following the execution of the Agreement by Developer, based on the follow- ing payment schedule: 1. 1) One Hundred Thousand ($100,000.00) Dollars upon execution of this agreement. 2) Twenty -Eight Thousand Nine Hundred ($28,900.00) ninety days (90) from the execution date of this agreement. - 2 - LEG/61.41.10 3) Twenty -Eight Thousand Nine Hundred ($28,900.00) One hundred Eighty days from the execution date of this agreement. 4) Twenty -Eight Thousand Nine Hundred ($28,900.00) Two hundred Seventy (270) days from the execution date of this agreement. 5) Twenty -Eight Thousand Nine Hundred ($28,900.00) Three Hundred and Sixty (360) days from the execution date of this agreement. 2. Prior to the issuance of the contract for the construction of the expansion of the existing water treatment plant necessary to be expanded to provide the required service, the Developer shall advance funds up to and including One Hundred and Five Thousand Dollars ($ 105,000.00) at the Utilities request. Utilities shall give a written notice sixty (60) days prior to the advance funds being required. 3. Developer shall construct all water and sewer lines and sewage lift stations 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 Utilitie's 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 con- struction 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 Utilitie's engineer. Throughout the term of the construction period Developer shall maintain insurance, at its sole cost and expense, against claims for personal injury or property damage under a policy of general public liabil- ity insurance, with limits of at least $100,000/$300,000 for bodily injury and $50,000 for property damage: Such policy shall name the Utilities and the Developer as the insured and shall be issued by insurers of recognized responsibility satisfactory to the Utilities. Developer shall furnish Utilities with duly executed certificates showing that such insurance is in full force and effect and providing for 30 days notice to Utilities prior to cancellation or termination of any policy. 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 causes of action arising during the term of construction for any personal injury, loss of life and/or damage to property sustained in or about the premises, upon which construction is - 3 - LEG/61.41.10 undertaken by Developer, by reason or as a result of the Developer's occupancy there— of and from and against any orders, judgements, and/or decrees which may be entered I� thereon 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. Developer shall be responsible for the cost of the water and wastewater meters, including installation, and the construction of the meter pit as specified by the Utilitie's engineer. Upon completion of these facilities and the Utilitie's engineer approval, Developer shall convey such meter facilities to Utilities by a Bill Sale and will provide to Utilities a No—Lien Affidavit, a Release of Lien and a detailed account of cost of the construction of said facilities. The point of con— nections and meter sites shall be at the locations shown on Exhibits "B" & "C". 5. Upon completion of construction of the water and sewer facilities and Utilities engineer approval, Developer shall convey those water and sewer lines from the points shown on Exhibit "B" and "C" to the points of connection to the existing Utilities facilities by a Bill of Sale and will provide Utilities with a No—Lien Affidavit, a Release of Lien and a detailed cost of construction of the water and sewer lines described in this paragraph. This paragraph shall be a condition prece= dent to Utilities providing any service and any responsbility for.Utilities to operate said facilities. 'Upon completion of the terms of this paragraph, Utilities shall undertake ownership, operation and maintenance of the facilities described in this paragraph. 6. The charges contained in this Agreement are based upon the estimated gallons j 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. 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 supplied by the Developer 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 serviced by Utilities, shall be made in accordance with the tariff filed by Utilities with THE CITY OF SEBASTIAN in acccordance with such tariff, as amended, as may be from time to time adopted and approved by — 4 — LEG/61.41.10 THE CITY OF SEBASTIAN in accordance with its regulatory authority contained in applicable statutes, ordinar.ces, 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 and sewer service, the date on which Developer will require initial connection to water and force 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 accpetance 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, 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 of Customer to pay the amounts due on statements as rendered, Utilities may, in its sole discretion, terminate water and sewer service to the Customer. 12. To limit waste introduced into the sewage collection system to domestic waste. The introduction of industrial waste into the system is prohibited under this Agreement. 13. No tie-ins or hook-ups to the Utilities water and/or sewer system shall be made without the express consent of Utilities. 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. 15. Utilities agrees to assume all responsibility for obtaining the necessary permits and/or approvals from regulatory agencies having jurisdiction with regard to the operation of the water treatment plant, wellfields, sewage treatment plant, and disposal area, including, but not limited to, the obtaining of a consumptive use permit. Developer shall have no obligation to obtain the necessary approvals and/or permits but agrees to cooperate and assist Utilities in every reasonal manner upon request. Should Utilities be unable to obtain permits and/or approvals, both parties shall be relieved from the obligations set here and under this Agreement. 16. Developer shall have the responsibility to obtain the necessary permits, approvals and easements for the extensions of the water and sewer mains. Utilities shall have no obligation but agrees to cooperate and assist Developer upon request. - 5 - LEG/61.41.10 C. UTILITIES AND DEVELOPER 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 approval 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 CITY OF SEBASTIAN The parties agree to be bound by such increase or decrease in gallonage amounts and rates which may be pre— scribed, from time to time, by said body or other agency having jurisdiction thereof. 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. 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 and sewer line extensions will be made to the property line at such points as are mutually agreed to by Customer and Utilities. 7. Failure of Developer 'to comply in any respect with the provisions of this Agreement shall result in termination of this Agreement. Utilities shall give thirty (30) days written notice of any default under this Agreement and failure of Developer to correct default shall result in automatic termination. 8. Unless sooner terminated as provided in paragraph (7) above, termination of this 'Agreement, by either party, shall be upon application to and approval by the appropriate governmental authority. LEG/61.41.10 I IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day and year first above written. GENERAL DEVELOPMENT UTILITIES, INC. BY GERARD P. MOZIAN �) PRESIDENT ATTEST: 1 4 LEG/61.41.10 — 7 REFLECTIONS ON THE RIVER, INC BY: ATTEST: BY: ATTEST: cc L CONSULIAN-s. JNA. J fNGINCCRS•SURVCYORS•PLANNCRS i 1'01.4PANO BEACH OFFICE VERO BEACH OFFICE , ---- — =•-• 140 East Sample Road P.O. Box 4124 ' S Suite 201, 33061 Brach Station, 32960 (305) 786.1901 (305) 231-9127 LEGAL DESCRIPTION PROJECT NO. 2038 ENTIRE PARCEL EXHIBIT nAn STATE OF FLORIDA INDIAN RIVER COUNTY SECTION 17, T. 31 S., R. 39 E. That certain land described as the Northeast One -Quarter (NE 1/4) of the Northwest One -Quarter (NW 1/4) of Section 17, Township 31 South, Range 39 East, lying East of the existing Easterly right-of-way of U.S. Highway No. 1, less the North 660 feet thereof and less the South 330 feet of the Southwest One -Quarter (SW 1/4) of the Northeast One -Quarter (NE 1/4) of the,Northwest One -Quarter (NW 1/4) lying East of said right-of-way of said U.S. Highway No. 1; and Government.Lot 1 of Section 17, Township 31 South, Range 39 East, less the North 660 feet thereof; and the North 660 feet of the Southeast One -Quarter (SE 1/4) of the Northwest One -Quarter (NW 1/4),of Section 17, To 31 South, Range 39 East; lying East of the existing Easterly road right-of-way of U.S..Highway No. 1; and North 660 feet of the West 660 feet of Government Lot 2, Section 17, Township 31 South, Range 39 East; the above mentioned property also being described as follows: Commencing at the Northwest corner of Northeast One -Quarter (NE 1/4) of the Northwest One=Quarter (NW 1/4) of Section I1,7, Township 31 South, Range 39 East, run East along the'North line of said Section 17 a distance of 84.96 feet to the East right-of-way line of U.S. Highway No. 1; thence run Page One of Three nAIE ar PHOT t rlIMNAI L •Nn of Inv vna 11 .,.. ., .,,u..... C( -:L CONSUL (ANTS. INC. t % CNGINCERS • SURVEYORS • PLANA'CRS 1•— PO1.4PANO BEACH OFFICE VERO BEACH OFFICE 440 East Sample Road P.O. Boa 4124 Suite 201, 33064 Beach Station, 32960 (305) 786.1901 (305)231-4127 S 25° 57' 59" E along said East right-of-way a distance of 736.41 feet; thence run S 89° 42' 24" E on a line parallel to and 660 feet South of the North line of said Section 17 a distance of 1446.99 feet, more or less, to the West shore of the Indian River and POINT OF BEGINNING, said POINT OF BEGINNING being 660 feet South of the North line of Section 17; thence retracing last mentioned course run N 890 42' 24" W a distance of 1446.99 feet, more or less, to the existing right-of-way line of U.S. Highway No. 1; thence run S 250 57' 59" E along said East right-of-way a distance of 1469.15 feet; thence run S 890 23' 30" E a distance of 927.98 feet to a point, said point being the Southeast corner of the North 660 feet of the West 660 feet of Government Lot 2, Section 17, Township 31 South, Range 39 East; thence run N 00° 17'51" W a distance of 660.09 feet to a liter wood post on the South line of Government Lot 1 of Section 17, Township 31 South, Range 39 East; thence run S 890 24' 17" E along said South line of Government Lot 1 a distance' of 293.60 feet, more or less, the the West shore of the Indian Rivet; thence meander the West shore of the Indian River in a Northwesterly direction to the POINT OF BEGINNING, less and excepting therefrom the South 330 feet of the Southwest One -Quarter (SW 1/4) of the Northeast One -Quarter (NE 1/4) of the Northwest One -Quarter (NW 1/4) of Section 17, Township 31 South, Range 39 East, lying East of the Easterly right-of-way of U.S. Highway No. 1. ,r LESS AND EXCEPT the following described property: Commencing at the Northwest corner of the Northeast One -Quarter (NE 1/4) of the Northwest One -Quarter (NW 1/4) of Section 17, Township 31 South, Range 39 East, run East along the North line Page Two of Three DAIS BY CCI_ CONSULTANTS. INC. ENGINEERS SURVEYORS *PLANNERS POMPANO BEACH OFFICE VERO BEACH OFFICE - 440 East Sample Road P.O. Box 4124 Suite 201, 33064 Beach Station, 32960 (305) 786.1901 (305) 231.4127 of said Section 17, a distance of 84.96 feet to the existing East right-of-way of U.S. Highway No. 1; thence run S 250 57' 59" E a distance of 1971.36 feet along the said East right-of-way of U.S. Highway No. 1 to the POINT OF BEGINNING; thence continue S 250 57' 59" E a distance of 234.2 feet; thence run S 890 23' 30" E a distance of 208.71 feet; thence run N 250 57' 59" W and parallel to said East right-of-way of U.S. Highway No. 1 a distance of 234.2 feet; thence run N 890 23' 30" W a distance of 208.71 feet to the said East right-of-way of U.S. Highway No. 1 being the POINT OF BEGINNING. Together with that portion of the South 330 feet of the Southwest One -Quarter (SW 1/4) of the Northeast One -Quarter (NE 1/4) of the Northwest One -Quarter• (NW 1/4) lying East of the Easterly right-of-way 1•ine of U.S. Highway No. 1. M Page Three of Three i nnrt a ----• i rnOrtS5ttlNAt LAND ,unvtvOR_. �1Att fit ttt ianv • �( CCL CONSULTANTS. ' LNGINEERS•SURVEYORS•PLANNERS t — POMPANO BEACH OFFICE VERU BEACH OFFICE 440 East Samplc Road P.O. Nix 4124 Suite 201, 33064 Reath Station, 37060 (305) 786.1901 1 (305) 231.4127 SCALE, 1"- 100' I 20 17 7 13 13 r1 19 EXIST � JE 12 E 18 VALVE\S t1CIO E�'�`oN CCL CONSULTANTS, �INC. ENGINEERS -SURVEYORS *PLANNERS POMPANO BEACH OFFICE VERO BEACH OFFICE 990 East Sample Road Suite 201, 33064 (305) 786.1901 1 PROPOSED METER SITE WASTEWATER TREATMENT PLANT POINT OF" CONNECTION P.O. M)x 4124 Bench Smtion, 32960 (305) 231.4127 SCALE, 1„■100' PROPOSED E X H 16 1 T 'I C It General Development Utilities, Inc. x Reflections on the River 6200 South Mirror Lake Drive Sebastian, Florida 32958 Gentlemen: RECEIVED O C 1 4 1982 December 10, 1982 This letter shall serve as a clarification of the intent of paragraph A-3 of the Utility Agreement dated the 10th day of December, 1982, by and between Reflections on the River, Inc. and General Development Utilities, Inc., referred to as "Utilities". The part of the paragraph specifically being clarified is as follows: "Circumstances resulting in the temporary or partial failure to deliver water or inability to handle sewage as required by this agreement shall be remedied with all possible dispatch, such circumstances shall not include over commitment by Utility to its customers." The intent of this sentence is that any and all temporary or partial failures by General Development Utilities, Inc. to deliver water or inability to handle sewage as required in the above described agreement, shall be corrected by the Utility as soon as possible. Over commitment to its customers shall not be deemed as a reason for the failure to deliver water or handle the sewage. Sincerely, GENERAL DEVELOPMENT UTILITIES, INC. H. D. Sarkis Director of Operations HDS:ic 1111 South Sayshore Drove. Miami. Florida 33131. Telephone 305 350 1331 A General Development Subsidiary - LAW OFFICES SAMUEL A. BLOCK 214010TH AVENUE VERO BEACH. FLORIDA 32960 SAMUEL A. BLOCK PATRICIA BOWER BLOCK MARGARET MANN BLANTON r. December 9, 1982 Daniel M. Kilbride, Jr., Esquire Post Office Box 2427 Vero Beach, Florida 32960 Dear Dan: TELEPHONE 13051562-1600 Enclosed please find a copy of a letter which was dictated by me for the signature of an official of General Develop- ment Utilities, Inc. It is my suggestion that we attach this letter, when signed, as an exhibit to the Utility Agreement. Also, Richard Graves of Reflections on the River has requested General Development to include the word "commercial" between the words residential and connection in the last line of paragraph 5. It is my understanding that when the above is accomplished, the city of Sebastian has agreed to approve the Utility Agreement between Reflections on the River and General Development Utilities, Inc. Very truly yours, Samuel A. Block /cp Encl. cc: Tom Lockwood December 9, 1982 Reflections on the River 6200 S. Mirror Lake Drive Sebastian, Florida 32958 Gentlemen: This letter shall serve as a clarification of the intent of Paragraph A-3 under that certain Utility Agreement dated the day of , 1982, by and between REFLECTIONS ON THE RIVER, INC. and GENERAL DEVELOPMENT UTILITIES, INC., referred to as Utilities. The part of the paragraph specifically being clari- fied is as follows: "Circumstances resultin or partial failure to d to handle sewage as req shall be remedied with such circumstances shal ment by Utility to its g in the temporary eliver water or inability uired by this Agreement all possible dispatch, 1 not include over -commit - customers." The intent of this sentence is that any and all temporary or partial failures by General Development Utilities, Inc. to deliver water or interfer with its ability to handle sewage as required in the above described Agreement, shall be corrected by the Utility with all possible dispatch; however, over -commitment to its customers shall not be deemed as a reason for the failure to deliver water or handle the sewage. Yours truly,