HomeMy WebLinkAboutResolution_37-00/01_04/12/2001•
RESOLUTION NO. 37-0
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A WATER
SERVICE AGREEMENT BETWEEN CENTEX HOMES
AND THE VILLAGE OF TEQUESTA UTILITIES
DEPARTMENT, AND AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE THE APPLICABLE
AGREEMENT ON BEHALF OF THE VILLAGE.
•
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Water Service Agreement between
Centex Homes and the Village of Tequesta
Utilities Department, attached hereto as Exhibit
"A" and incorporated by reference as part of this
Resolution, is hereby approved and the Village
Manager is authorized to execute the Agreement on
behalf of the Village.
THE FOREGOING RESOLUTION WAS OFFERED by
Councilmember von Frank who moved its adoption.
The motion was seconded by Councilmember
Capretta and upon being put to a vote, the
vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Gerald~~.e A. Genco
Joseph N. Capxetta
Sharon D, Wal~Cex
Basil E. Dalack
• II Russell J, von Frank
•
The Mayor thereupon declared the Resolution duly
passed and adopted this 12th day of April, A.D.,
2001.
MAYOR OF TEQUESTA
er dine A. o
•
ATTEST:
~~
Betty our '
Acting Village Clerk
Word\Resolutions\Water Service 2
•
~ Return to: (enclose self-addressed stamped envelope)
Name
Address:
RECORD AND RE`T'URN T0:
JOHN C. RANDOLPH, Esquire
~• Jones, Foster, Johnston & Stubbs, P.A.
~~ P.O. Box 3475, WPB, Fl 33402-3475
~ ~
~L CALL 85
WATER SERVICE AGREEMENT
day-~4-c~4~1 11:41a~ ~ 1-~ 18631
ORB 1 cl'S~4 Rg 339
IIINNIHHNIN~ININIIINNNIIIINHIIIII IalNil
j~ChFIBIT "(~,~
Tequesta Trace
Name of Project
THIS AGREEMENT made and entered into this ~afi~ day of ~ ~'~,
2001, by and between ~ is Nis"X~ Hdr~~ES hereinafter referred
to as "Developer", and Utilities 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 Utilities 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.
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.
ORB 1 X584 Pg ~4i0
Tequesta Trace
Name of Project
The Utility shall, according to the terms and conditions here
of, 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.
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 Utilities Department, shall be allowed to connect to
or be provided water service through the Tequesta Utilities 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 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
2
ORB 12584 Pg 341
Tequesta Trace
- Name of Project
•
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 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, 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. OVERSIZED FACILITIES REQUIREMENTS; 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.
3
ORB 12584 Rg 342
Tequesta Trace
Name of Project
•
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
Equivalent Residential Connections (ERC's) for water 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 constructed
4
ORB 1 X584 Pg 343
Tequesta Trace
Name of Project
• 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/her 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 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 office(s), all
other utility companies involved in the development of the property,
and the Tequesta Utilities 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.
• 5
ORB 1 ~5~4 Pg 31+4
Tequesta Trace
Name of Project
• 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, exfiltration, 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 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 dedication 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).
6
ORB 12584 pg 345
Tequesta Trace
• Name of Project
• D. Warrant and/or guarantee 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 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, which warrant and/or
maintenance bond shall be for a minimum period of one (1)
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, 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
7
•
ORH 12584 Pg 346
Tequesta Trace
• Name of Project
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:
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 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
of a minimum of not less than one (1) year. Developer shall
provide the Utility a minimum of forth-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/her 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
g
ORB 12584 Pg 347
Tequesta Trace
Name of Project
• 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/her sole expense, certain off-site water 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
dependent of said record plats. Developer shall obtain any and all
necessary off-site easements that my 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 "no disturbance 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.
9
•
ORB 1254 Pg 34~
Tequesta Trace
Name of Project
•
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 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 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/her
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.
10
•
ORB 1 X584 Pg 349
Tequesta Trace
Name of Project
•
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.
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.
• 11
DRB 1 X584 Pg 35~
Tequesta Trace
Name of Project
• 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 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
12
ORB 1 ~5~4 Pg 351
Tequesta Trace
Name of Project
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.
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; 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.
13
ORB 12584 pg 352
Tp~,E~esLaw Trace
Name of Project
•
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:
1"~~GN~L 0.115'~N~~r`~I
_c~Nr~x ~-+oN-~5
- a t 98 .sow RokD
Su ~ -t~ 200
- ~,~(W•c-orl ~~a~ , FL 33 31
and if to the Utility, at:
•
19. LAWS OF FLORIDA
of the State of
immediately upon
approval, which
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.
Utilities Department
136 Bridge Road
P. O. Box 3474
Tequesta, FL 33469
Attn: Utilities Director
- This Agreement shall be governed by the laws
Florida and it shall be and become effective
execution by both parties hereto, subject to any
must be obtained from governmental authority, if
21. FORCE MAJEURE - In the event that the performance of this
Agreement by the Utility 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
14
ORH 12584 Pg 353
Tequesta Trace
Name of Project
• 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.
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.
15
r~
., ~ ORB 12584 Pg 354
Tequesta Trace
Name of Project
•
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, 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. 16
ORB i ~5~4 Rg 355
Tequesta Trace
• Name of Project
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.
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
forty-four cents ($7.44) 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.
17
•
WITNESSES:
p~.t~~~ ~l - ~~ ~~
tt , Laur
.~~~a. ti~X~c
~;*~
Roberta A. Russo
WITNESSES:
~ - • ^~
C-~-L t l1- ~~ ~~~ ~C G ~
~ er ~g
~~~
'A ~
Chantel Parsons
•
ORB 12584 Pg 356
Te~uesta Trace
Name of Project
THE UTILITY:
UTILITIES DEPARTMENT
P. O. BOX 3474
136 Bridge Road
Tequesta, FL 33469
By. Vi,l11a r r~acr
NLtcha~~ R. c:ouz , Tr.
DEVELOPER:
By ~ ,~I~,J~i ~0 ~~D~fT,~. tit, ~
Its : ~,~j;b~bn MaN~ ~
(Please print/type name and title
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)
18
•
ORB 1 X584 Pg
Ten~;est~. Trace
Name of Project
STATE OF FLORIDA
COUNTY OF PALM BEACH
ss
357
MICHAEL R. COUZZO, ~~R.
The foregoing instrumen was acknowledge before me this ~~ day of
C~ti~ 2000, by t,~ Village Manager on behalf of the Utility,
who is personally known to me or has produced a drivers license as
identification.
My Commission Expires:
FOR DEVELOPER:
STATE OF FLORIDA
COUNTY OF PALM BEACH
Cam. _
Notary Public
State of Florida at-large
~~•,,~ Cynthia R SemerMelN
~,*NAy COrtxnitssian CC898211
~- I~ ~~ NOVen'Ib9~ 30, 2001
«w
ss
The foregoing instrument was acknowledged before me this /~ day
of ~'e~cLu7 2000, by IJc~~/ 1 ~ ~I~r~ms
a
corporation, on behalf of the corporation. He/she is personally known to
me or has produced a driver's license as identification.'
Notary Public
State of Florida at-large
My Commission Expires:
•ti~.V'.""'••., DIANE 3. COLEY
+? ~::
~t=„ .: MY COMMISSION # CC 871169
19 ; ~ ;a ° EXPIRES: June 12, 2001
:1 '-? os 1~~'. Banded Thru Notary Public Underwriters
•
ORB 1 X584 Vg 358
r eo~ae~t~. Tr~re
Name of Project
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
The foregoing instrument was acknowledge before me this day of
2000, by of
a corporation, on behalf of the Corporation.
He/she is personally known to me or has produced a driver's license as
identification.
My Commission Expires:
FOR PROPERTY OWNER:
• STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
Notary Public
State of Florida at-large
The foregoing instrument was acknowledged before me this day
of 2000, by
a
corporation, on behalf of the corporation. He/she is personally known to
me or has produced a driver's license as identification.
Notary Public
State of Florida at-large
My Commission Expires:
20
•
ORB 1 X584 Vg 35'3
•_.
EXHIBIT A"
•
T~~i~~sta Trace
Name of Project
PROPERTY DESCRIPTION
A PARCEL OF LAND LYING IN 7HE SOUTHWEST OUAATER OF SECTION
30, TOWNSHIP 40 SOUTH, RANGE 43 EAST; PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOKS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID
SOUTHWEST QUARTER AND THE EASTERLY RIGHT-OF-WAY LINE OF OLD
OtXtE HIGHWAY. AS RECORDED {N ROAD PLAT BOOK 5, PAGES 144-
148. PALM BEACH COUNTY. FLORIDA. PUBLIC RECORDS: THENCE BEAR
S22' 41' S i' E (BEARING BASES . ALONG SA 1 D EASTERLY A 1 GHT-OF-WAY
LINE. A DISTANCE OF 1048.16 FEET 70 THE POINT OF 8E61NNING;
THENCE CONTINUE S22.41'51'E, ALONG SAID EASTERLY R16HT-OF-
NAY LINE. A DISTANCE OF 674.87 FEET 70 THE INTERSECTION WITH
THE NORTH LINE OF 7E4UESTA DRIVE. AS RECORDED IN OFFICIAL
RECORD BOOK 6018. PAGE 1264, PALM BEACH COUNTY, FLORIDA;
THENCE SS7.34' d8' E. ALONG SA l D NORTH R I GHT-OF-WAY L l NE, A
D t STANCE OF 35. 28 FEET; THENCE N67' 32' 15' E. ALONG SA 1 D NORTH
RIGHT-OF-WAY LINE. A DISTANCE OF 318.51 FEET; THENCE
N22.34' 45' W. A D I STANCE OF 205. 00 FEET: THENCE Nfi7~ 32' 15' E.
A D I STANCE OF 100. 00 FEET: THENCE S22' 34' d5' E A D 1 STANCE OF
205.00 FEET TO THE INTEAScC710N WITH SA10 NORTH RIGHT-OF-WAY
L l NE OF TEt~UESTA DRIVE; THENCE N67.32' 15' E. ALONG SA i D NORTH
• RIGHT-OF-WAY LINE. A DISTANCE OF 11.84 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF
395.00 FEET: THENCE EASTERLY ALONG SAID CURVE. THAOUGN A
CENTRAL ANGLE OF 5' 40' id' , A D I STANCE OF 39. 09 FEET TO THE
INTEASi=CT10N WITH THE WEST LINE OF TE4UESTA OAKS. AS
RECORDED IN PLAT 800K 79. PAGES 53-97, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; THENCE N22' 54' 08' W, ALONG SA I D
WEST L I NE. A D I STANCE OF 703. 73 FEET; THENCE Sol• 18' OS' W, A
DISTANCE OF 491.75 FEET TO THE POINT OF BEGINNING.
DEVELOPER:
~~
By:
Da~¢ S
• 21
WITNESSES:
-~ - ~ ORB 1 X584 Rg
~ EXHIBIT B"
TcaE~es~~ Trice
Name of Project
CONNECTION CHARGES
3~s0
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
Water:
Payment Schedule
The following formula was used to determine Developer's share of Water
Facility Charges.
Total ERC's Charge per ERC Total Charges
135 ERC $2,166.64 $292,496.40
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
`>~iNP~Zs ~C~tl~l,~~1~ Drawing No. 00136 sheets 2
through ~ dated ~Y~igE1Z 2000.
UTILITY COMPANY
By:
WITNESSES:
DEVELOPER
By:
~o~v i b ~ar'15
WITNESSES:
~p~,~ Y~~SaNS
,. ~
•
LOCATION MAP
•
~' .
.:.?~
~,
ORB 1 ~~$1+ Pg 361
UGRCITHY H. WILKEN, [:LERK PB COUNTY, E~
EXHIBIT C"
Tec~daesta. Trice
Name of Project
DEVELOPER:
~~ ~,~~ l~~„~
ffct~ ~+t~~
y Ei2.
Revised: 7/21/00
Microsof tWord\Developer Agreement\Floppy Disk
8/23/00
23
WITNESSES:
`~ Memorandum
To: Village Council
From: Joann Manganiello, Assistant Village Manager/Village Clerk ~ .
Date: April 4, 2001
Subject: Resolution No. 36-00/Ol - Water Service Agreement Between Tequesta
Communities, L.L.C. (Tequesta Terrace) and Village of Tequesta; Agenda Item
The Water Service Agreement is a standard contractual agreement between the Developer and the
Village for water provision. It states the terms and conditions for provision of said service,
requiring, among other things, that the Developer provide for all of the necessary appurtenances
on their property for water service, all necessary utility easements needed to accommodate said
service request and, in return for payment of required capital connection charges, that the Village
will reserve the requested capacity for the Developer. Once approved, the Water Service
Agreement will be recorded in the public records of Palm Beach County, Florida.
It is recommended that the Village Council approve Resolution No. 36-00/O1 authorizing the
Village Manager to execute the above referenced Water Service Agreement on behalf of the
Village.
•
amipro/files/waterdpdtegterra