HomeMy WebLinkAbout1984 11 14 - Sebastian Lakes Associatesof— 1984 1984 y11/
"AGREEMENT, made an(. ecuted this / �"� �' day of ^`/ ✓✓ T �''� ' '
by 'and between SEBASTIAN LAKES ASSOCIATES hereinafter refer:ed to as Developer and
GENERAL DEVELOPMENT UTILITIES, INC., a Florida corporation, hereinafter referred to
as Utilities.
WITNESSETH
WHERU.S, Utilities owns and operates water treatment 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 416 multi -family project, ins
the property described in the attached Exhibit "A"; and,
WHEREAS, Utilities proposed to serve the consumers within the areas encompassed by
Developer; and,
-
WHEREAS, utilities has agreed to furnish water and 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'.norma1..pressure-in accordance with
publid 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 a.nd 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
SEBASTIAN LAKES/GDU
rat'lolor-proportion as the sly to Utilities' Customers is ^ iced 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 112,300 gallons per day.
B. DEVELOPER AGREES:
1. To construct a water main from Barber Street and Landsdowne Street to the
boundary of Sebastian Lakes on Laconia Street and install a meter box, meter, and water
facilities 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 on Barber Street.
Whenever Utilities has the right of consent or approval, such consent or approval shall
be granted or denied within 45 days of request, in any!.event•�it shall not be unreasonably
withheld. All the construction shall be subject to the approval by the Utilities'engineer.
Daring 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. Prior to transfer of ownership
of water facilities, it is expressely 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, excepting, however, Utilities shall be liable for its misfeasance,
malfeasance or neglect of its employees, agents or contractors.
4. To pay Utilities total connection charges in the amount of $96,578.00, which
are itemized as follows:
SEBASTIAN LAKES/GDU
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a. To pay Utilities a water connection (plant capacity) charge at a rate of
$.86 per gallon, total $96,578.00 based on the agreed upon and stipulated flow
rate of 112,300 gallons per day.
b. To pay a Guaranteed Revenue Charge in the amount of $3.10 per unit per month
for those units, of 'the intended 916 Units of the project, not connected to the
system beginning twelve (12) months from the execution date of this Agreement,
until each unit 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 all
the units are connected, to pay the rate approved by the City of Sebastian as the additional
units connect.
6. The water connection charges contained in the 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 water connection 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 exceed 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 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.
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.
SEBASTIAN LAKES/GDU - 3 -
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 therof on the part of Utilities, for other utility system
extensions that may be reugired 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 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.
19.. Developer agrees to install, at its expense, a back-flow control device, as
specified by Utilities. Utilities shall have the right to inpsect 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,
SEBASTIAN LAKES/GDU - 4 -
The parties underst&o�'.L- that this Agreement must re',:,.^ prior appiwV.+ �- -••�
ok Sebastian and that should such approval not be given, _ne parties shall be
xelieved of all obligations under this Agreement.
6. Termination of this Agreement by either party shall be upon application to
and approval by the appropriate governmental authority.
IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day and
year first above written.
1
SEBASTIAN LAKES/GDU
V,
SEBASTIAN LAKES ASSOCIATES
1. A. Klein, Vice President, The
St. Paul Corporation, Managing
Partner% -1
ATTEST:
By:
ATTEST:
-5-
LEGAL DESCRIPTION
All that part of the Southeast
East, lying South of the Fellsmere-S bastiannRcad Township 31 South, Range 38
that part of the North 1/2 of the Northeast 1 (State Road 512) and also
South, Range 38 East, lying South of the F sm Of Section 23, Tonwship 31
512), LESS right of way as recorded ellsmere-Sebastian Road (State Road
the public records of Indian River Countyficial Records Book 225, page 186 of
Florida.
E X H I B I T
i
1. A
ASSIGNMENT
THIS AGREEMENT, by and between SEBASTIAN LAKES ASSOCIATES, hereinafter referred
to as "Developer", SEBASTIAN LAKES UTILITY COMPANY, hereinafter referred to as
"Assignee", and GENERAL DEVELOPMENT UTILITIES, INC., a Florida Corporation,
hereinafter referred to as "Utilities".
WFIEREAS, Developer desires to assign that certain Agreement (the "Agreement"
executed by Developer and Utilities on November 14, 1984, to Assignee; and
WHEREAS, Utilities has been requested to consent to the assignment of the
Agreement to Assignee and to continue to serve consumers within the area owned
and developed by Developer and covered by the Agreement; and
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS EXCHANGED BY AND
AMONG THE PARTIES HERETO, THE PARTIES AGREE AS FOLLOWS:
1. Developer, for and in consideration of the sum of $10.00 and other valuable
considerations, receipt of which is hereby acknowledged, has granted, bargained,
sold, assigned and transferred and by these presents does grant, bargain, sell,
assign, transfer and set over unto Assignee, the Agreement, a copy of which is
attached as Exhibit "1".
2. Assignee hereby agrees to assume all obligations and be fully responsible
for all actions which were required of Developer under the Agreement attached
as Exhibit "1".
3. Utilities hereby consents to the Assignment of the Agreement solely upon the
condition that Assignee agrees to be fully liable and responsible for all actions
required of and all representations made by the Developer under the terms of tt,e
Agreement, attached as Exhibit "1".
4. All other terms and conditions of the Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS AND SEALS ON THE DATE BELOW
14RITTEN:
LAKESSEBASTIAN •CIATE
SEBASTIAN IAKES UTILITY • r•
Ny
BY:TAYNE E. OLSON BY:/
per) AS VICE PRESIDEWNr
1,KRT&ST..P ITS MANAGING GENERAL VU&NE
tqCE PRESIDENT
7
.,�,
WITNESS: 0 7r- WITNESS:
::..oc17 7DATE: 7 DATE: 91217 00
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SLA/SLUC/GDU 1