Agreement_Water Service_09/17/1998 RECORD AND RETURN TO: Nov-0' 04:06pa 98- 1 +28346
JOHN C. - RANDOLPH, ESQUIRE ORB 10730 Pg 1 151
Jones, Foster, Johnston & Stubbs, P.A. I IIII 11 III II 11111 III II III 111111111111 III 1111111 III 1IN
Post Office Box 3475
West Palm Beach, L 33402 -3475
WILL CALL 85
WALGREENS
NAME OF PROJECT
WATER SERVICE AGREEMENT
THIS AGREEMENT made and entered into this P day of
199 by and between NN N /1 "I MC I Z
hereinafter referred to as "Developer ", and Tequesta Water
Department, hereinafter referred to as "Utility ".
WHEREAS, Developer owns or controls lands located in the
Utility service area, and described in Exhibit "A ", attached hereto
and made a part hereof as if fully set out in this paragraph and
hereinafter referred to as the "Property" and Developer intends to
develop the Property by erecting thereon, individually metered
residential units, commercial units, or a combination of these; and
WHEREAS, Developer desires that the Utility provide water
service for Developer's property herein described; and
WHEREAS, the Utility is willing to provide, in accordance with
the provisions of this Agreement and Tequesta Water Department
Service Policies, water service to the Property and thereafter
operate applicable facilities so that the occupants of the
improvements on the Property will receive an adequate water supply.
NOW, THEREFORE, for and in consideration of the premises, the
mutual undertakings and agreements herein contained and assumed,
Developer and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the
purpose of interpreting the terms as used in this Agreement
and apply unless the context indicates a different meaning;
A. " CONSUMER INSTALLATION" - All facilities ordinarily on
the consumer's side of the point of delivery.
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WALGREENS
NAME OF PROJECT
B. "DEVELOPMENT PHASE" - A subdivision or construction phase
of the construction of utility facilities on the
property.
C. " EQUIVALENT RESIDENTIAL CONNECTION (ERC)" - A factor used
to convert a given average daily flow (ADF) to the
equivalent number of residential connections. For this
purpose, the average daily flow of one equivalent
residential connection (ERC) is 350 gallons per day
(GPD) . The number of ERC' s contained in a given ADF is
determined by dividing that ADF by 350 GPD.
D. "POINT OF DELIVERY" - The point of delivery where the
water lines or meter(s) of the Utility are connected with
water lines of the consumer. Unless otherwise indicated,
the point of delivery shall be on the consumer's side or
discharge side of the water meter(s) that will be
utilized for delivery of water service.
The Utility shall, according to the terms and conditions
hereof, own all pipes and appurtenances to the point of
delivery unless otherwise agreed upon. The pipes and
appurtenances outside the point of delivery shall belong
to others.
E. PROPERTY " - The area or parcel of land described in
Exhibit " A " by legal description.
F. "SERVICE" - The readiness and ability on the part of the
utility to furnish and maintain water service to the
point of delivery for each lot or tract pursuant to
applicable rules and regulations of applicable regulatory
agencies.
3. Annexation - No unincorporated property contiguous to the
corporate limits of the Village of Tequesta, not currently
receiving water service pursuant to a water service agreement
or franchise agreement with the Tequesta Water Department,
shall be allowed to connect to or be provided water service
through the Tequesta Water Department without first being
annexed into the corporate limits of the Village of Tequesta.
Should the property described in Exhibit " A " not be contiguous
to the corporate limits of the Village of Tequesta at
the time water service is initially provided to said
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NAME OF PROJECT
property, the property owner, including his heirs,
successors and assigns, as a condition of receiving water
service, must:
A. If the property is located in Palm Beach County, file a
petition with the Village of Tequesta to voluntarily
annex the property into the corporate limits of the
Village of Tequesta within thirty (30) days of the date
that the property becomes contiguous to the corporate
limits of the Village of Tequesta; or
B. If the property is located outside Palm Beach County,
file a petition with the Village of Tequesta to
voluntarily annex the property into the corporate limits
of the Village of Tequesta if and when Florida law
authorizes the annexation of property outside the
boundaries of a single county within thirty (30) days of
the effective date of the applicable statute."
4. Assurance of Title - At the time of execution of this
Agreement, the Developer agrees to deliver to the utility a
copy of Title Insurance Policy or an Opinion of Title from a
qualified attorney -at -law, with respect to the Property, which
opinion shall include a current report on the status of the
title, setting out the name of the legal title holders, the
outstanding mortgages, taxes, liens and covenants. The
provisions of this paragraph are for the purpose of evidencing
Developer's legal right to grant the exclusive rights of
service contained in this Agreement.
5. Connection Charges - In addition to the contribution of any
water distribution system, where applicable, and further to
induce the Utility to provide water service, Developer hereby
agrees to pay the Utility, connection charges as defined in
Exhibit "B ".
Payment of the connection charges does not and will not result
in the Utility waiving any of its rates or rules and
regulations, and their enforcement shall not be affected in any
manner whatsoever by Developer making payment of same. The
Utility shall not be obligated to refund to Developer any
portion of the value of the connection charges for any reason
whatsoever, nor shall the Utility pay any interest or rate of
interest upon the connection charges paid.
Neither Developer or any person or other entity holding any of
the Property by, through, or under Developer, or otherwise,
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shall have any present or future right, title, claim or
interest in and to the connection paid to the Utility.
Any user or consumer of water service shall not be entitled to
offset any bill or bills rendered by the Utility for such
service or services against the connection charges paid.
Developer shall not be entitled to offset the connection
charges against any claim or claims of the Utility including
claims for breach of contract, damages, or charges of the like
of the Utility.
6. O VERSIZED FACILITIES REQUIREMENT; REIMBURSEMENT - If the water
service facilities can reasonably be expected to serve other
areas than those of the Developer, the Utility shall require that
they be oversized to enable water service to be provided to such
additional property.
However, there will be no reimbursement for the construction of
six (6) inch or eight (8) inch water mains, which are the minimum
standard sizes, even if these sizes exceed the Developer's own
requirements.
The Developer will be reimbursed for the estimated difference in
the cost of construction between the oversized facilities and
those facilities the Developer otherwise would have been required
for his own use. The amount of the reimbursement shall be
determined by the Utility based on the data concerning
construction costs of the Utility and upon data which may be
supplied to the Utility by the Developer's engineer. The Utility
shall make every effort to properly evaluate the "cost
difference" for over sizing, but in the event of a disagreement,
the decision of the Utility shall be final and binding.
The method of reimbursement shall be as follows: The Developer
will receive the reimbursement due it from the other Developers,
as each Developer connects, for a time period up to five (5)
years.
7. PAYMENT - Developer shall pay, in full, connection charges at
the time of execution hereof.
8. EQUIVALENT RESIDENTIAL CONNECTION RESERVED - The parties agree
that the capacity needed to provide service to the Property
is 6.05 equivalent residential connections (ERC's) for water
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NAME OF PROJECT
supply. Developer agrees that the number of units of capacity
reserved hereby shall not exceed the number of units of
development for which capacity is reserved hereby pursuant to
Exhibit "B ".
9. ON -SITE INSTALLATION - To induce the Utility to provide the
water treatment facilities, and to continuously provide consumers
located on the Property with water service, unless otherwise
provided for herein, Developer hereby covenants and agrees to
construct and to transfer ownership and control to the Utility,
the on -site water distribution systems referred to in Exhibit "B"
herein.
Developer shall cause to be prepared five (5) copies of the
applications for permits and a sufficient number of sets of
finalized engineering plans prepared and sealed by a professional
engineer registered in the State of Florida (Utility will retain
four (4) sets), along with a copy of the final estimate of
quantities covering all contract items that are to be dedicated
to the Utility. Plans shall show the on -site water distribution
system proposed to be installed to provide service to consumers
within the Property. Such plans will also show the
interconnection of such on -site facilities to the off -site
facilities of the Utility or off -site facilities that may be
constructed by Developer or others and given to the Utility. Such
detailed plans may be limited to the first development phase
only, and subsequent phases may be furnished from time to time.
However, each such development phase shall conform to a master
plan for the development of the property and such master plan
shall be submitted to the Utility concurrent with or prior to
submission of engineering plans for the first development phase.
Developer reserves the right to modify his master plan any time
in such a manner as to not unduly interfere with the Utility's
existing facilities and upon modification, shall submit four (4)
copies of the modified plan to the Utility. The cost of any
modifications to the Utility's existing systems or to its Master
Plan, that are caused by Developer's modifications or changes
shall be borne by Developer. Developer shall cause his engineer
to submit specifications governing the material to be used and
the method and manner of installations. All such plans,
specifications and shop drawings submitted to the Utility shall
meet the minimum specifications of the Utility and shall not be
unreasonably withheld. The Utility reserves the right to review
the revised Master Plan and recalculate the connection charges
that are to be paid by the Developer at the time the revised
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NAME OF PROJECT
Master Plan is submitted. No construction shall commence
until the Utility and appropriate regulatory agencies have
approved such plans and specifications in writing. When
permits and approved plans are returned by appropriate
regulatory agencies to Developer, Developer shall submit to
the Utility one (1) copy of the water permit (s) and approved
plans. If construction commences prior to all such approvals
and any other approvals required hereunder, the Utility shall
have no responsibility to accept such lines or facilities, and
the Utility may elect to terminate this Agreement and /or not
provide service to Developer until such time as Developer
obtains such required approvals and the Utility has witnessed
all of its required inspections and tests.
After the approval of plans, specifications and shop drawings
by the Utility and appropriate regulatory agencies, Developer,
or the engineer of record, shall conduct a pre- construction
conference with engineer of record, utility contractor,
appropriate building official(s), all other utility companies
involved in the development of the Property, and the Tequesta
Water Department.
Developer shall provide to the Utility's inspector a minimum
of forty -eight (48) hours notice, excluding weekends and
holidays, prior to commencement of construction. Developer
shall cause to be constructed at Developer's own cost and
expense, the water distribution system as shown on the
approved plans and specifications.
During the construction of the water distribution system by
Developer, the Utility shall have the right to inspect such
installations to determine compliance with the approved plans
and specifications. The Utility Engineer of record and
Utility Contractor shall be present for all standard tests for
pressure, enfiltration, line and grade, infiltration and all
other customary engineering tests to determine that the
systems have been installed in accordance with the approved
plans and specifications, good engineering practices, and
American Water Works Association (AWWA) criteria as well as
other federal, state and local regulations which are
applicable.
Upon completion of construction, Developer's Engineer of
record shall submit to the Utility a signed copy of the
Certification of Completion submitted to the appropriate
regulatory agencies. A copy of the bacteriological results
and a sketch showing locations of all sample points shall be
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WALGREENS
NAME OF PROJECT
included. The engineer of record shall also submit to the
Utility, ammonia mylars of the as -built plans prepared and
certified by the engineer of record, and ammonia mylars of the
recorded plat, including the dedications sheet(s)
By these presents, Developer hereby covenants to transfer to
the Utility title to all water distribution systems installed
by Developer or Developer's contractor shown in Exhibit "B" of
this Agreement dealing with those potable water supply
facilities that will be transferred from Developer to the
Utility, pursuant to the provisions of the Agreement. Such
conveyance shall take effect before the Utility issues its
final Letter of Acceptance. As further evidence of said
transfer of title, upon the completion of the installation,
but prior to the issuance of the final Letter of Acceptance
and the rendering of service by the Utility, Developer shall:
A. Convey to the Utility by notarized bill of sale in form
satisfactory to Utility's Counsel, the Water Distribution
System listed in Exhibit "B" as constructed by Developer
and approved by Utility.
B. Provide Utility with copies of invoices from contractor for
installation of the utility systems being dedicated to
service company, including engineering design and
inspection fees so paid.
C. Furnish proof satisfactory to the Utility that the
installation of the facilities and all contractors,
subcontractors, material men, laborers and engineers have
been paid in full (i.e., by release of lien or other
appropriate means).
D. Warrant and /or guaranty all utility facilities being
dedicated to the Utility against faulty workmanship and
defective materials for a period of one (1) year from the
date of the Utility's final letter of acceptance. Also,
Developer shall assign any and all warranties and /or
maintenance bonds and the right to enforce same to the
Utility which Developer obtains from any contractor
constructing the water system. Developer shall remain
secondarily liable on such warranties. If Developer does
not obtain such written warranty and /or maintenance bond
from its contractor and delivery of same to the Utility,
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WALGREENS
NAME OR PROJECT
which warrant and /or maintenance bond shall be for a
minimum period of one (I) year, then in such event,
Developer, by the terms of this Agreement, covenants to
indemnify and save harmless the Utility for any loss,
damages, costs, claims, suits, debts, or demands by
reason of defects in the systems for a period of one year
from date of the final Letter of Acceptance by the
Utility.
E. Provide the Utility with all appropriate
operation /maintenance and parts manuals.
F.Further cause to be conveyed to the Utility, free and
clear of all encumbrances, all utility easements and
rights -of -way covering areas in which water systems are
installed, or otherwise required, in recordable form
satisfactory to the Utility's counsel. If applicable,
the Utility may require joinder or any condominium
association, cooperative or other vendee of the Property.
The utility agrees that the issuance of the final Letter
of Acceptance for the water distribution system installed
by Developer shall constitute the assumption of
responsibility by the Utility for the continuous
operation and maintenance of such systems from that date
forward, subject to the terms and conditions contained
herein.
Whenever the development of the subject property involves
one consumer or a unity of title of several consumers
and /or in the opinion of the Utility ownership by the
Utility of the internal water distribution system is not
necessary or proper, then at the option of the Utility,
Developer shall retain ownership and the obligation for
maintenance of such on -site water facilities located on
the discharge side of a master meter located on the
consumer's side of the point of delivery.
In the event that the Utility, for whatever reason, does
not take possession, ownership and control of the on -site
facilities constructed by the Developer, and provides
master metered service to the Developer for the use of
several consumers within the on -site facilities, the
Developer shall be required to:
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WALGREENS
NAME OF PROJECT
1) Maintain water quality at each individual outlet which is
in compliance with all primary and secondary standards
promulgated by the Florida Department of Environmental
Protection, or County Health Department. At no time shall
such water quality standards be required to be in excess
of those attained at the Utility's point of delivery
master meter.
2) Institute a program of line flushing in order to help in
the reduction of sedimentary deposits in the Developer's
on -site lines, and reduce the possibility that water
quality standards will fall below those required by
subsection " A " above. Such line flushing shall be
conducted in accordance with reasonable engineering
standards as necessary to meet the objectives as outlined
herein. Such flushing shall occur at a minimum of not
less than N/A . Developer shall provide the
Utility a minimum of forty -eight (48) hours notice of the
time and place of such flushing. The Utility shall send
its representative to observe such flushing and record
the amount of water used for that purpose as indicated by
the Master Meter. Developer shall be solely and directly
responsible for the cost of all water used in the
flushing of his on -site facilities, such billing and
collection to be conducted in accordance with the
provisions of the Utility's approved ordinances and /or
policies.
3) Developer shall be responsible for maintaining all
on -site water facilities in accordance with reasonably
prudent engineering standards. The Utility shall have
the right to inspect the facilities of the Developer
during reasonable business hours upon twenty -four (24)
hours notice 'to the Developer. If the Utility determines
that the Developer has failed to comply with the
provisions of this section, Utility shall provide an
explanation of the reason for such violation at which
point, the Developer shall have twenty (20) days or such
other time as is reasonably necessary to correct the
deficiency. Upon failure to do so, Utility shall have
the power and right to discontinue service in accordance
with the provisions of its approved ordinances and /or
policies for :non - payment of bills.
10. OFF -SITE INSTALLATION - Developer may be required to
construct, at his sole expense, certain off -site water
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NAME OF PROJECT
facilities in order to connect Developer's on -site facilities to
the Utility's existing water system. In addition, Developer may
be required to dedicate all or a portion of said off -site water
facilities to the utility for ownership, maintenance and
operation.
All provisions in Section 9 above, entitled "On -Site
Installations ", pertaining to specifications, plans, permits and
approvals shall also be applicable to all off -site water
facilities construction.
11. EASEMENTS - Developer hereby grants and gives to the
Utility, its successors and assigns, but subject to the terms of
this Agreement, the exclusive right or privilege to construct,
own, maintain or operate the water facilities to serve the
Property; and the exclusive right or privilege to construct,
own, maintain, alter, replace and operate said facilities in,
under, upon, over and across the present and future streets,
roads, alleys, easements, reserved utility strips and utility
sites, and any public place as provided and dedicated to public
use in the record plats, or as provided for in agreements,
dedications, or grants made otherwise, and is independent of
said record plats. Developer shall obtain any and all necessary
off -site easements that may be required in order to carry out
the terms, conditions and intent hereof, at Developer's expense,
and shall convey, if any, holding prior liens on the property
shall be required to release such liens, subordinate their
position or join the grant or dedication of the easements or
rights -of -way or give to the Utility assurance by way of
"nondisturbance agreement ", that in the event of foreclosure,
mortgagee would continue to recognize the easement rights of the
Utility, as long as the Utility complies with the terms of the
Agreement. All water distribution facilities, save and except
consumer installations, shall be covered by easements or
rights -of -way if not located within platted or dedicated roads
or rights -of -way for utility purposes.
Developer hereby further agrees that the foregoing grants or
promises of grants include the necessary right of ingress and
egress to any part of the Property upon which the utility is
constructing or operating such facilities: That the foregoing
grants shall be for such period of time as the Utility or its
successors or assigns require such rights, privileges or
easements in the construction, ownership, maintenance, operation
or expansion of water facilities, that in the event Developer
and Utility agree that the Utility is to install any of its
water facilities in lands within the Property lying outside the
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NAME OF PROJECT
streets and easements areas described above, then Developer or
the Owners shall grant to the Utility, without cost or expense
to the Utility, the necessary easement or easements for such
"private property" installation; provided, all such "private
property" installations by the Utility shall be made in such a
manner as not to interfere with the then primary use of such
"private property ". The utility covenants that it will use due
diligence in ascertaining all easement locations; however,
should the Utility install any of its facilities outside a
dedicated easement area, the Utility will not be required to
move or relocate any facilities lying outside dedicated easement
area, so long as the facilities do not interfere with the then
or proposed use of the area in which the facilities have been
installed and so long as the Utility obtains a private easement
for such facility location, which Developer will give if same is
within his reasonable power to do so. The use of easements
granted by Developer other than Utility shall preclude the use
by other utilities of these easements, such as for cable
television, telephone, electric, or gas utilities; or as
otherwise agreed to by the Utility.
In the event Developer fails to actually deliver such easement,
this document shall serve as the Utility's authorization to
substitute the Agreement as a recorded easement sufficient for
the Utility's needs.
The Utility hereby agrees that all easement grants will be
utilized in accordance with the established and generally
accepted practices of all its facilities in any of easement
areas. However, this provision shall not be construed so as to
require the Utility to restore those improvements constructed,
installed or planted within the Utility Easement which are not
in accordance with the established and generally accepted
practices of the water industry with respect to the use of
utility easements.
12. AGREEMENT TO SERVE - Upon the completion of construction of
the on -site and off -site water facilities required hereunder by
the Developer, its inspection, the issuance of the final letter
of acceptance by the Utility, and when all appropriate
governmental agency approvals have been received, the Utility
covenants and agrees that it will connect or oversee the
connection of the water distribution facilities installed by
Developer to the central facilities of the Utility in accordance
with the terms and intent of this Agreement.
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NAME OF PROJECT
Such connection shall at all times be in accordance with rules,
regulations and orders of the applicable governmental
authorities. The Utility agrees that once it provides water
service to the Property and Developer or others have connected
consumer installation to its system, that thereafter the Utility
will continuously provide, at its cost and expense, but in
accordance with the other provisions of the Agreement, including
rules and regulations and rate schedules, water service to the
property in a manner to conform with all requirements of the
applicable governmental authority having jurisdiction over the
operations of the Utility.
13. APPLICATION FOR SERVICE; CONSUMER INSTALLATIONS -
Developer, or any owner of any parcel of the property, or any
occupant of any residence, building or unit located thereon
shall not have the right to and shall not connect any consumer
installation to the facilities of the Utility by the prospective
user or water service, in accordance with the then effective
rules and regulations of the Utility and approval for such
connection has been granted.
Although the responsibility for connection of the consumer
installation to the meter and /or lines of the Utility at the
point of delivery is that of the Developer or entity other than
the Utility, with reference to such connections, the parties
agree as follows:
A.Approved backflow preventers must be installed prior to
the Utility providing meters and service.
B.Application for the installation of water meters shall
be made seventy -two (72) hours in advance, not including
Saturdays, Sundays and Holidays.
C.All consumer installation connections must be inspected
by the Utility before back - filling and covering of any
pipes.
D.Notice to the Utility requesting an inspection of a
consumer installation connection may be given by the
plumber or Developer, and the inspection will be made
within twenty -four (24) hours, not including Saturdays,
Sundays and holidays, provided the water meter and
backflow preventer have been previously installed. If
the Utility fails to inspect the consumer installation
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NAME OF PROJECT
connection within forty -eight (48) hours after such
inspection is requested by Developer or the owner of any
parcel, Developer or owner may backfill or cover the
pipes without the Utility's approval and the Utility
must accept the connection as to any matter which could
have been discovered by such inspection.
14. THE UTILITY'S EXCLUSIVE RIGHT TO UTILITY FACILITIES -
Developer agrees with the Utility that all water facilities
accepted by the Utility in connection with providing water service
to the Property (including fire service), shall at all times
remain in the sole, complete and exclusive ownership of the
Utility its successors and assigns, and any person or entity
owning any part of the Property or any residence, building or unit
constructed or located thereon, shall not have any right, title,
claim or interest in and to such facilities or any part of them,
for any purpose, including the furnishing of water service to
other persons or entities located within or beyond the limits of
the Property.
15. EXCLUSIVE RIGHT TO PROVIDE SERVICE - Developer, as
a further and essential to the Agreement, agrees that Developer, or
the successors and assigns of Developer, shall not (the words
"shall not" be used in a mandatory definition) engage in the
business or businesses of providing potable water service to the
Property during the period of time the Utility, its successors and
assigns, provide water service to the Property, it being the
intention of the parties hereto that under the foregoing provision
and also other provision of this Agreement, the Utility shall have
the sole and exclusive right and privilege to provide water service
to the Property and to the occupants of such residence, building or
unit constructed thereon.
16. RATES - The Utility agrees that the rates to be charged
to Developer and individual consumers of water service shall be
those set forth in the ordinances and /or policies of the Utility.
However, notwithstanding any provision in this Agreement, the
Utility, its successors and assigns, may establish, amend or
revise, from time to time in the future, and enforce rates or rate
schedules so established and enforced and shall at all times be
reasonable and subject to regulations by the applicable
governmental agency, or as may be provided by law. Rates charged
to Developer or consumers located upon the Property shall at all
times be identical to rates charged for same classification of
service, as are or may be in effect throughout the service area
of the utility.
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Notwithstanding any provision in this Agreement, the Utility may
establish, amend or revise, from time to time, in the future, and
enforce rules and regulations covering water service to the
Property. However, all such rules and regulations so established-
by the Utility shall at all times be reasonable and subject to such
regulations as may be provided by law or contract.
Any such initial or future increased rates, rate schedules, and
rules and regulations established, amended or revised and enforced
by the Utility from time to time in the future, as provided by law,
shall be binding upon Developer; upon any person or other entity
holding by, through or under Developer; and upon any user or
consumer of the water service provided to the Property by the
Utility.
17. BINDING EFFECT OF AGREEMENT - This Agreement shall be
binding upon and shall inure to the benefit of Developer, the
Utility and their respective assigns and successors by merger,
consolidation, conveyance or otherwise subject to the terms and
conditions of this Agreement as contained herein. Developer
understands and agrees that capacity reserved hereunder cannot and
shall not be assigned by except in the case of a bona fide sale of
Developer's Property, or limitation, the transfer or assignment of
the Property as a result of a judicial proceeding such as mortgage
foreclosure or sale, and assignment for the purposes of obtaining
financing. In any such case, the Developer shall provide a notice
of evidence of such assignment, or partial assignment as the case
may be, to the Utility and the Agreement with assignee or the
transferee. Such approval to sale, transfer, or assignment shall
not be unreasonably withheld. Nothing herein shall preclude sales
of individual units and assignment or rights of water service
pertaining thereto.
18. NOTICE - Until further written notice by either party to
the other, all notices provided for herein shall be in writing and
transmitted by messenger, by mail or by telegram, and if to
Developer, shall be mailed or delivered to Developer at:
Donald Barnes
Peter D. Cummings & Assoc.
3501 SW Corporate Parkway
Palm City, FL 34990
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NAME OF PROPERTY
and if to the Utility, at:
Tequest:a Water Department
136 Bridge Road
P. O. Box 3474
Tequesta, FL 33469
Attn: Water System Manager
19. LAWS OF FLORIDA - This Agreement shall be governed by
the laws of the State of Florida and it shall be and become
effective immediately upon execution by both parties hereto,
subject to any approval which must be obtained from governmental
authority, if applicable.
20. COSTS AND ATTORNEY'S FEES - In the event the Utility or
Developer are required to enforce this Agreement by Court
proceedings or otherwise, by instituting suit or otherwise, then
the prevailing party shall be entitled to recover from the other
party all costs incurred, including reasonable attorney's fees.
21. FORCE MAJEURE - In the event that the performance of
this Agreement by the Utility to this Agreement is prevented or
interrupted in consequence of any cause beyond the control of the
Utility, including, but not limited to, Acts of God, or of the
public enemy, war, national emergency, allocation or of other
governmental restrictions upon the use or availability of labor or
materials, rationing, civil insurrection, riot, racial or civil
rights disorder or demonstration, strike, embargo, flood, tidal
wave, fire, explosion, bomb detonation, nuclear fallout, windstorm,
hurricane, earthquake, or other casualty or disaster or
catastrophe, unforeseeable failure or breakdown of pumping
transmission or other facilities, any and all governmental rules or
acts or orders or restrictions or regulations or requirements, acts
or action of any government or public or governmental authority or
commission or board or agency or agent or official or officer, the
enactment of any statute or ordinance or resolution or regulation
or rule or ruling or order or decree or judgment or restraining
order or injunction of any court, said party shall not be liable
for such non - performance.
15
ORB 107 30 Pg 1 1 E&S
WALGREENS
NAME OF PROJECT
22. INDEMNIFICATION - Developer agrees to indemnify and hold
the Utility harmless from and against any and all liabilities,
claims, damages, costs and expenses (including reasonable
attorney's fees) to which the Utility may become subject by reason
of or arising out of Developer's breach or non - performance of this
Agreement. This indemnification provision shall survive the actual
connection to the Utility water system.
MISCELLANEOUS PROVISIONS
23. This Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect
between Developer and the Utility, made with respect to the matters
herein contained, and when duly executed, fully constitutes the
Agreement between Developer and the Utility. No additions,
alterations or variations of the terms of this Agreement shall be
valid, nor can provision of this Agreement be waived by either
party, unless such additions, alterations, variations or waivers
are expressed in writing and duly signed by all signatures herein.
24. In the event that Developer does not make application for
and have installed all water meters to serve the property within
six (6) months from the date of this Agreement, the Village shall,
at the time of meter installation, assess a fee representing the
difference between the connection charge paid up front by the
Developer and the connection charge currently being assessed by the
Village at the time of actual meter installation.
25. Whenever the singular number is used in this Agreement
and when required by the context, the same shall include the
plural, and the masculine, feminine and neuter genders shall each
include the others.
26. Exhibits mentioned herein have been signed or initialed
by the duly authorized officers, agents or attorneys of the parties
hereto and are hereby incorporated herein by reference and made a
part hereof as fully as if set forth herein.
27. The submission of this Water Service Agreement for
examination by Developer does not constitute an offer becomes
effective only upon execution thereby by the Utility.
28. Notwithstanding the gallonage calculations that could be
made hereunder relative to ERC's, by and execution hereof,
16
ORB 1 07'3e p9 1 16?
WALGREENS
NAME OF PROJECT
Developer agrees that the intention of this Agreement is to reserve
a given number of units of capacity for the property described in
Exhibit " A " and not for purposes of any other calculations.
29. It is agreed by and between the parties hereto that all
words, terms and conditions contained herein are to be read in
concert, each with the other, and that a provision contained under
one heading may be considered to be equally applicable under
another in the interpretation of the Agreement.
30. The parties hereto recognize that prior to the time the
Utility may actually commence upon a program to carry out the terms
and conditions of this Agreement, the Utility may be required to
obtain approval from various state and local governmental
authorities having jurisdiction and regulatory power over the
construction, maintenance, and operation of the Utility. The
Utility agrees that it will diligently and earnestly, at
Developer's sole cost and expense, make the necessary and proper
applications to all governmental authorities and will pursue the
same to the end and that it will use its best efforts to obtain
such approval. Developer, at his own cost and expense, agrees to
provide necessary assistance to the Utility in obtaining the
approvals provided for herein.
31. Regardless of where executed, this Agreement shall be
construed according to the laws of the State of Florida.
32. In the event that relocation of existing water and sewer
utilities are necessary for the Developer, Developer will reimburse
the Utility in full for such relocations.
33. The Utility shall, at all reasonable times and hours,
have the right of inspection of Developer's internal lines and
facilities. This provision shall be binding on the successors and
assigns of the Developer.
34. There shall be no liability whatsoever on the Utility for
failure to deliver water service to Developer according to
Developer's needs or schedules. This Agreement constitutes a
promise of good faith and not a timetable for delivery of utility
services.
35. Each party hereby agrees to grant such further assurances
and provide such additional documents as may be required, each by
the other, in order to carry out the terms, conditions and comply
with the express intention of this Agreement.
17
` ORB 1 0730 Rg 1 16 a
WALGREENS
NAME OF PROJECT
36. The Developer will be invoiced for reimbursable expenses
by the Utility. These expenses will include, but not be limited
to, Utility Engineer expenses, secretary time, computer time, plan
review and inspection fees.
37. Capacity Reservation Fee. Each new connection to the
water system which has paid a capital improvement charge at the
time of application for a new connection shall pay a Capacity
Reservation Fee for each equivalent residential connection which
has not been transferred to a customer or tenant and considered as
an active account. The Capacity Reservation Fee shall be billed
monthly to all those applicants who possess permits authorizing
connection to the Village's water system or facilities. All
applicants who reserve capacity or hold water service agreements
authorizing connection to the Village water facilities shall begin
paying the Capacity Reservation Fee six (6) months from the
effective date of Water Service Agreement, or six (6) months from
the date of issuance of a conditional use permit for the project,
whichever is later.
The monthly Capacity Reservation Fee shall be seven dollars and
twenty -five cents ($7.25) per equivalent residential connection.
All unpaid Capacity Reservation Fees shall accrue and no connection
shall be allowed to the Village's water facilities until all such
unpaid accrued fees related to said applicant or their assigns have
been paid in full by the applicant or their assigns. The
obligation to continue payment of the Capacity Reservation Fees for
a particular ERC of capacity shall terminate upon connection of
that particular ERC to the Village water system.
IN WITNESS WHEREOF, DEVELOPER AND UTILITY have executed or
have caused this Agreement, with the named Exhibits attached, to be
duly executed in several counterparts, each of which counterpart
shall be considered an original executed copy of this Agreement.
18
• ORB 107ao Rg 1 169
WALGREENS
NAME OF PROJECT
WITNESSES: THE UTILITY:
�y TEQUESTA WATER DEPARTMENT
li 136 Bridge Road
ee P. O. Box 3474
Tequesta, FL 33469 -0474
By:
Thomas G. Bradford
Village Manager
W .CNE DEVELOPER: 44AW//03i IVC. 2 < /y17LP ?A,r, A1EX54j
i3j: 66yy1j �5 !�. f•UG /73 c`Ncc'f� t�f12T.v lL
57fi1'liE�1J E AIG By:
Its:
(Please print /type name and title
[ cw4 -� 4. C=#4 5 ani
JOINDER & CONSENT OF PROPERTY
OWNER (If other than Developer):
(Please print /type name and title)
MORTGAGEE JOINDER (If applicable)
By:
It's:
(Please print /type name and title)
19
• ORB 107 - Rg 1 170
WALGREENS
NAME OF PROJECT
FOR UTILITY
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of ' 19 9o', by Thomas G. Bradford, Village
Manager o behalf of the Utility, who is personally known to me or
has produced a drivers license as identification.
JOANN MANGANIELLO
yR�'
MY COMMISSION N CC 507113
= EXPIRES: December 22,1999
% ;o �;�`•` Bonded Th. Notary Public Undenm ters
Notary Public
My Commission Expires: State of Florida at large
FOR DEVELOPER:
STATE OF FLORIDA
SS
COUNTY OF Y
The foregoing instrument was acknowledged before me this
day of �p_� b�2,i , 199'� L by �. _ C�c1 �Q tn.c of
t- It' hibzl 1,15,'rne _ a
�h� corporation, on behalf of the
corporatio . He /she is personally known to me or has produced a
drivers license as identification.
N�tryy�Pub lic �L-\ KAGL-vl C ( l�
My Commission Expires:g)lQ1-',' State of Florida at large
20 � a _ � EXPI4S
� J W4 9 6 ' 9 1
. n VC.
F ,. BONDED THRU TROY FAIN INSURANCE, INC.
` ORB 10 P'g 1 1
WALGREENS
NAME OF PROJECT
FOR MORTGAGEE JOINDER:
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of 19_, by
of a corporation, on behalf of the
corporation. He /she is personally known to me or has produced a
drivers license as identification.
Notary Public
My Commission Expires: State of Florida at large
FOR PROPERTY OWNER:
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of 19_, by
of a
corporation, on behalf of the corporation. He /she is personally
known to me or has produced a drivers license as identification.
Notary Public
My Commission Expires: State of Florida at large
21
' ORB 10 - 7- - 30 Pg 1 17a
WALGREENS
NAME OF PROPERTY
PROPERTY DESCRIPTION
LLUAL DESCRIPTION.
A parcel of land being a portion of W.S. LOCKMANS ADDITION TO Containing in all 77,397 square feet (1.777 acres), more or le
JUPITER, FLORIDA, as recorded In Plat Book 5, Page 40, and a
portion of GROSSINGER COMMERCIAL, as recorded in Plat Book 68, The North right of wal line of Alternate A -1 -A is assumed tc
Page 98, according to the plats thereof, in the Public Records bear South 51 23' 06 West and all other bearings ore relotivc
of Palm Beach County, Florida, together with portions of Section thereto.
31, Township 40 South, Range 43 East, Palm Beach County,
Florida, being more particularly described as follows:
Commence at the intersection of the South line of said W.S.
LOCKMANS ADDITION TO JUPITER, with the Northerly right of way
line of Alternate A -1 -A as shown on said plat of GROSSINGER
COMMERCIAL; thence North 51' 23' 06" East, along said Northerly
right of way line a distance of 29.69 feet to the beginning of a
curve, concave to the Northwest, having a radius of 922.37 feet
and a central angle of 19' 04' 21 "; thence Northeasterly along
said curve, a distance of 307.04 feet to the end of the curve,
said point being the POINT OF BEGINNING of the hereinafter
described parcel, thence North 65' 16' 55' West, a distance of
187 63 feet. thence North 38' 27' 13" West, a distance of 130.14
feet to a point on the Easterly right of way line of Old Dixie
Highway and the beginning of a non - tangent curve, concave to the
Southeast, having a radius of 395.00 feet, a central angle of
55' 46 ". and a chord of 339.67 feet bearing North 63' 25'
_ast; thence Northeasterly along said curve, a distance of
...11 feet; thence North 88' 53' 04" East, a distance of 51.43
feet; thence South 45' 21' 47' East, a distance of 29.74 feet to
a point on said Northerly right of way line of Alternate A -I -A
and the beginning of a non - tangent curve, concave to the West,
having a radius of 922.37 feet, a central angle of 21' 01' 21 ",
and a chord of 336 53 feet bearing South 21' 48' 04" West.
thence Southerly along said curve, a distance of 338.43 feet to
the POINT OF BEGINNING
EXHIBIT "A"
22
RECORDER'S MEMO: Legibility of document
urine;;_; c,oi•y when received.
j ORB 10 Pg 1 1
WALGREENS
NAME OF PROJECT
CONNECTION CHARGES
The Developer agrees to pay in order to induce the Utility to
provide service, the following connection charges for the share of
facilities. Said charges to be paid by Developer are those which
are set forth in the Utility's Ordinances and uniform service
policies.
ITEM I Payment Schedule
WATER:
The following formula was used to determine Developer's share of
Water Facility Charges.
Total ERC's Charge Per ERC Total Charges
6.05 $1,500.00 $9,075.00
2.05 (CREDIT) $1,500.00 3,000.00
Total $6,075.00
*
Note: Does not include meter charge or security deposits.
ITEM II WATER SYSTEM CONTRIBUTIONS
The Developer shall install the following pipe, mains and
appurtenances thereto and dedicate same to the Village. Said
installations are to be in accordance with the approved plans
drawn by Kimley -Horn & Associates Drawing No. Project 047174.02,
sheets C5 through C11 dated June 11, 1998.
UTILITY COMPANY DEVELOPER: hl eA l , C 514 l e , 2
By . By
Thomas G. Bradford
Village Manager
WITNESSES: W N
• r
"EXHIBIT B"
23
ORB 10-7_-30 Fig 1 17_e+
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
WALGREENS
NAME OF PROJECT
LOCATION MAP
S l TE
P-�
on o
Q
U.S. HIGHWAY ONE
Z:>
N.T.S.
EXHIBIT "C"
24
W pro.Agreement. W aterSvc.Agree m. W algreens.d. 27.9E
1