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HomeMy WebLinkAboutResolution_23-02/03_03/13/2003RESOLUTION NO. 23-02/03 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A WATER SERVICE AGREEMENT BETWEEN CENTEX HOMES, TEQUESTA CAY PROJECT, 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, Tequesta Cay Project, 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 Council Member von Frank, who moved its adoption. The motion was seconded by Council Member Capretta, and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION • Mayor Resnik Vice Mayor von Frank Council Member Capretta Council Member Genco Council Member Watkins The Mayor thereupon declared the resolution duly passed and adopted this 13`'' day of March, 2003. SEAL Villa Clerk ~. ~ • Mayor • Returrt to: (enc~ self-addressed stamped envelope) Name . Address: • RECORD AID REPURN TO: JOHN C. RANDOLPH, ESQUIRE Jones, Foster, Johnston & Stubbs, P.A. P.O. Box 347, WPB, FL 33402-347 WILL CALL 85 EXHIBIT A WATER SERVICE AGREEMENT IIIIIN~IAININIUNIII~~~I~i~~~l 03/24/2043 16:26:51 20030165146 OR BK 14965 PG 1643 F~alm dear=h Caut~ty, Florida Tequesta Coy Name of Project THIS AGREEIrlENT made and entered into this 25 day of February , 2003, by and between Centex Homes , hereinafter referred to as "Developer", end V~Ilage o~ Tequesta Utilities Department, hereinafter referred to as "Utilifiy". WHEREAS, Developer owns or controls lands located in the Utility • Sart1 hereof , asn~if ~fuIlb~(setn out ib n this a ara ra h eand~ hereiriadit~a p y p g P r referred to as the "Property" and Developer intends to develop the property by erecting thereon, individually metered residential unfits,. 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 Unlit is willin to rovide in accordance with t y g p r Yee provisions of this Agreement and Tequesta Utilities Department Service Policies, water service to the property and thereafter operate appiicab~e facilities so that the occupants of the improvements on the property will receive an adequate water sup~nly. 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 ~N$TALLFI.TION" - All facilities ordinarily on the consumers 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 (.ERG).. is 3~Q. gallons_ . per. day {.GPD~ .. The ..number. o.f. ERC' s contained in a given ADF is determined by dividing that ADF by 350 GPD. • „ ~ BOOK 14955 PAGE 1544 ,~r Tequesta Cay Name of Proj~:ct • The Utility shall, according to the terms and conditions here of, own alI 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 links 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 Yiereo~, 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 lQt or tract pursuant to applicable rules end • regulations of applicable regulatory agencies. 3. Annexation - No unincorporated property contiguous to the corporatF.e limits of the Village of Tequesta, not currently receiving water service pursuant to a water service agreement or francYiise 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 tie 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, mint: A. If the property is located in Palm Beach County, file a petitign with the Village of Tequesta to voluntarily annex the property into the corporate limits of the Village of Tequesta with~n thirty (30) days of the date that the property becomes contiguous to the corporate limits of the Village of Tequesta; or 2 • BOOK 14965 PAGE 1645 '~i ~~ r i C~ Tequesta Cay Name of Froj~ct 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 properly outside the boundaries of a single county within thirty (3flj 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 curremt 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 wat~r 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 t~.e Utility waiving any of its rates or rules and regulations, and their enforcement shall not be affected in any manner whatsoever key Developer making payment of same. The portion of the value of the connection charges for any reason whatsoever, nor shall the Utili~.y pay any interest or rate of interest upon the connection charges paid. Neither Developer or any person or other entity holding any of tl~e property by, through, or under Developer, or otherwise, shall have any present or future right, titre, claim or interest iri and to ~he connection paid to the Utility. A"riy user or consumer of water service shiall not be entitled ~o offset any bill or bills rendered by the Utility for such service or services against the connection charges paid. Developer shall not ~e entitled to offset the connection charges against any claim or claims of tYie 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 tQ enable.wate.r service to be. provided to such additional • property. 3 BDDK 14965 PAGE 1646 I ~ i Tequesta Cay Name of Pro~~ct • However, there will be no reimbursement for the construction of six (6}inch or eight (8) inch water mains, which are the minimum stan~ard sizes, even if these sizes exceed the Developer's own requirements. The Developer will be reimbursed for the estimated difference in tie 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 ~o 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. S'. EQUIVALENT RESIDENTrAL CONNECTION RESERVED The parties agree tha e • the capacity needed to provide service to the Property is Fifty Nint (59) 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 pn 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 (~) sets), along with a copy of the final estimate of quantities covering ali contract items-that are to be dedicated to the Utility. Pla~s 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 BDDK 14965 PAGE 1647 Tequesta Cay • 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 tl~e first development phase. Developer reserves the right to modify his/her master plan any time in such a manner as to not undu]~y interfere with the Utility's existing facilities and upon modification, shall submit four (4) copies of-the modified plan to tlne 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 megt the minimum specifications of the Utility and shall not be unreasonably witYiheld. The Utility reserves the right to review the revised Master Plan and recalculate the connection charges that are to be paid by tl~ie Developer at the time the revised Master Plan ~s submitted. No construction shall commence until the Utility and • appropriate regulatory agencies Piave approved such plans and specifications in writing. When permits and approved plans are returned by appropriate regulatory agencies tb Developer, Developer shall submit to the Utility one (1) copy of the water permit(s) and approved phans. If construction commences prior to all such approva~s 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 tuts . After the approval of plans, specifications Utility and appropriate regulatory agencies, of record, shall conduct a pre-construction of record, utility contractor, appropriate other utility companies involved in the dev and the Tequesta Utilities Department. and shop drawings by the Developer or the engineer conference with engineer building office(s), all ~lopment of the property, Developer shall provide to the Utility's inspector a minimum of fort~- 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 specificatigns. BDDK 14955 PAGE 1548 • Tequesta Cay 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 Aineric~n 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 pf Completion submitted to the appropriate regulatory agencies. A c©py of the bacteriological results and a sketch showing locations of al;l 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 Develop~r or Developer's contractor shown in Exhibit "B" of this Agreement dealing with those potable water supply facilities that will lie transferred from Developer to the Utility, pursuant to the provisions of the Agreement. Such- conveyance shall take effect before tY~e 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 fc~r 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 tie 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 BOOK 14965 PAGE 1649 ~~ Tequesta Cay Name of Project D. Warrant and/or guarantee all utility facilities being dedicated to the Utility against faulty workmanship arpd 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 tie Utility which Developer obtains from any contractor constructing the water system. Developer sha1T 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 bohd shall be for a minimum period- of one (~) 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 better of Acceptance by tie Utility. E. Frovide the Utility- with all appropri~.te 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 finah better pf 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 teems and conditions contained herein. Whenever the development of the subject property involves one cansumer or a unity of title of several consumers and/or in the opinion of the Utility ownership by the Utility of tine internal water distribution system is not necessary or proper, then at the optioh of the Utility, Developer sha d retain ownership and the obligation for maintenance of such on-site water facilities located on the discharge side o,f a 7 • BOOK 14965 PAGE 165Q Tequesta Cay 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 tYie 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: l_ Maintain water quality at each individual- outlet which is inn 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 qualify 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 6 months. 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 arnd record.the..amount.o_f_Ovate.r_.used..for._that.purpose.a.s indicated by the master meter. Developer shall be solely and directly responsible for the cost of all water used in the flushing cif his/her on-site facilities, such billing and collection to be conducted iri accordance with the provisions of tYie Utility' s approved ordinances and/or policies. 3. Developer shall be responsible for maintaining all on-si~e water facilities in accordance with reasonably prudent engineering standards. The Utility shall have the right ~o inspect the facilities of the Developer during reasonable business hours upon twenty-four (24) hours- notice to tl~e 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 S • BODK 14965 PAGE 1651 Tequesta Cay Name of Project • at which point, the Developer shall have twenty (20) days or such other time as is reasonably necessary to correct t~e 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 bids . 10. OFF-SITE INSTALLATION - Developer may be required to construct, ~t 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 far ownership, maintenance and operation. All provisions in Section 9 above, entitled "On-Site Installation" 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 • BDOK 14965 PAGE 1652 ~ ~ ~ Tequesta Cay 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 tY~at 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 ~o 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 BOOK 149b5 PAGE ib53 r ,~ Tequesta Cay 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 type 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 ar~d 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 type 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. BOOK 14965 PAGE 1654 ~' Tequesta Cay Namg of ~ro~ect • C. All consumer installation connections must be inspected by the Utility before back-fil-ling 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 holiday, 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 pf 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, ~s a further and essential to the Agreement, agrees that Developer, or the successors and assigns of Developer, shall not (the words "shall n©t" be used in a mandatory definition) engage in the business pr 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 • BOOK 14965 PAGE 1655 ,. i C~ Tequesta Cay Name of Project ~J 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 pr 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 t~e Property. However, all such rules and regulations so established by the Utility shall at a1I 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, aid rules and regulations established, amended or revised and enforced by the Utility from time to time in the future, as provided by lad, 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. ~n any such case, the Developer shall provide a notice of evidence of such assignment, or partial assignment as the case may be, to tie 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 BDOK 14965 PAGE 1b56 r~ Tequesta Cay Name of Proj.~ct r~ L J 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: Lewis Birnbaum Centex Hoes 8198 Jog Road Suite 200 Boynton Beach, Florida 33437 and if to the Utility, at: Utilities Department 136 Bridge Road P. O. Box 3474 Tequesta, FL 33469 Attn: Utilities Director 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, whicPi 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 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 otYier casualty or disaster or catastrophe, unforeseeable failure or breakdown of pumping transmission or other facilities, any and all governmental ru_~es 14 • BDDK 14965 PAGE 1657 ,~~. , Tequesta Cay • 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 precious 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, alteration, variations or waivers are expressed in writing and duly signed by all signatures hergin. 24. In the event tYiat 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 Vllhage shaTT, at t1~e time of meter installation, assess a fee representing the difference between tYie connection charge paid up front by tFne 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, ar~d the masculine, feminine and neuter genders shall each include the others. 15 • BODK 14965 PAGE 1658 ,~ Tequesta Cay 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. Not withstanding 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 giv~:n 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. • 3Q. 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 ~o obtain approval from various state and local governmental authorities having jurisdiction and regulatory power over tY~e 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 BOOK 149b5 PAGE ib59 , ,~ Tequesta Cay 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 t~e 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 tq, Utility Engineer expenses, secretary time, computer time, plan review and inspection fees. 37. CAPACITY RESERVATIdN FEE - Each new connection to the water system which has paid a capital improvement charge at the time q_f application for a new connection shall pay a Capacity Reservation Fee for each equivalent residential connection which has not been transfarred_ to.. a custamer or_ tenarLt..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 da~e of Water Service Agreemen t, o r sir ( 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 db11'ars aid sixty-four cents ($7.64) per equivalent residential connection. (SuYi~ect to Annual Price Index Rate- Adjustment) A11 unpaid Capacity Reservation Fees shall accrue and no connection shall be allowed to the Village's water facilities until aTl such unpaid accrued fees related to said applicant or their assigns have been paid in full by the applicant or their assigns. The obligation to continue payment of the Capacity Reservation Fees for a particular ERC of capacity shall terminate upon connection' of that particular ERC to the Village water system. IN WITNESS WHEREdF; DEVELaPER~ AND UTILrTY have-executed or hatire caused this Agreement, with the named Exhibits attached, to be duly executed in several- counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. 17 • BOOK 14965 PAGE 1660 ,~ ~ , . , Tequesta Cay DTame of Project • WITNESSES: THE UTILITY: ~ Signature ~~ ~ ~ y ~.,~u ~ Pr' t Name ~ `~-~ Signature (`~I~~v~, `~~ .SSA Print Name • WITNI~SSES ;r . Signature UTILITIES DEPARTM~AiT P. O. Box 3474 Tequesta, FL 33.69 136 Bridge Road Tequesta, FL 33469 By: Michael Co o Jr. Village Manager THE DEVELO$ER: Centex Homes 8198 Jog Road Suite 200 Boynton Beach, Florida 33437 By: its: Dave Abrams Divis-ion President (Please -priest/ type-name and title) JOINDER & CONSENT OF PROPE~tTY (If-other than DeveloRer) Signature Print Name Signature Print Name i Signature Print Name MORTGAGEE JOINDER (If applicable) By: It's: Print Name/Title 18 Print Name BODK 14965 PAGE 1661 • • • Tequesta Cay Name of Project STATE OF FLORIDA COUNTY OF PALM BEACH ss before me this ~~ day of ~G . TY,ie foregoing instrument w acknow the Utility, who -personally known- t license as identification. My Commission Expires: FOR DEVELOPED: STATE OF FLORIDA COUNTY OF PALM BEACH ss on behalf of or has produced a drivers Notary P blic State of Florida at-urge The foregoing instrument was acknowledged before me this ~5 day of ~-~Ir~u~~~V 2003, by ~(,~J~C~ ~~y~L~,~,G of Florida, on behalf of t~poration. He/she is personally known to me or has produced a driver's license as identification. ""'~ IW M, 9EITMAN :i4l,~r lY~ _,: .. MY COMMISSION # DD 073182 =w.• 'a EXPIRES: February 19 2006 ~.'~, Rf F.d;• Bonded Thru Notary Public Underwriters My Commission Expires: 19 Nota y Public State of Florida at-large " ~ r BOOK 14965 PAGE 1662 • EXHIBIT "A" Tequesta Cay Name of Project LAND DESCRIPTION: PROPERTY DESCRIPTIOI3~ A PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS 405.25 FEET WEST OF THE CENTERLINE OF U.S. HIGHWAY NO. I (STATE ROAD N0. 5) AS MEASURED ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 30, AND 2,027.96 FEET SOUTH OF THE NORTH LINE OF SECTION 30 AS MEASURED ALONG THE CENTERLINE OF SAID U.S. HIGHWAY N0. I; THENCE BEAR S17°17'07"E, ALONG A LINE PARALLEL TO THE SAID CENTERLINE OF U.S. HIGHWAY N0. I, A DISTANCE OF 501.59 FEET; THENCE BEAR N89°56'52W A DISTANCE • OF 396.24 FEET; THENCE BEAR N00°16'13"E, A DISTANCE OF 479.74 FEET TO THE SOUTH LINE OF A _ 50.00 FOOT EASEMENT; THENCE BEAR S89°43'47"E, ALONG SAID SOUTH EASEMENT LINE, BEING PARALLEL TO THE NORTH LINE OF SAID SECTION 30, A DISTANCE OF 244.94 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE VILLAGE OF TEOUESTA, PALM BEACH COUNTY, FLORIDA, CONTAINING 153,545 SOUARE FEET, 3.5249 ACRES, MORE OR LESS. WITNESSES: DEVELOPER By: _ -- Dave Abrams 20 tsuuK 14965 PAGE 1663 . , '~~ EXHIBIT "B" • Tequesta Cay 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 Wader: Payment Schedule The following formula was used to determine Developer's share of Water Facility Charges. Total ERC's Charge Per ERC Total Charges 59 $.2,.224..37 $131,237..8.3 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 Schnars Engineering Corporation Drawing No. 01158, sheets 1 through 9 dated September 13,2002. UTILITY COMPANY DEVELOPER By: ` By; ave ams WITNESSES: ~~~ 21 • 1 .. , ~ . , .t . ~ ~' ~ LOCATION MAP 24 ~ 19 NOpTH LN1E SEC. 30-905 25 ~ ~ 1.91fi.9~ I IPFA f00T fl/R UAP SECTION 428027 SHEET 2 OF 31 I N.YI. CORNER SEC. i0-405-43E • 0 VILLAGE BLVD. ~-„- - -~ 244.94' 589°43'47°E 3 =' N o ,.1 G1 r R ~ THIS SURVEY :~ a / WITNESSES: 22 Revised: 7/21/00 WaterSbcAgree(Developer's) FloppyDisk 6.26.01 BDDt( 14965 PAGE 1664 Dorothy H. Wilken, Clerk EXHIBIT "C" Tequesta Cay Name of Project .~ N ~ `~ y0 •~ J J ~ Q ~~ ~ m ~ \1 ~ ~. 11 A R, O ~O V ~ N89°43`47"W 405.25' N89°56'S2W 396.24' DEVELOPER: Tla~Ta AhramG