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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