The URL can be used to link to this page

Home My WebLink AboutAgreement_General_5/25/1970_ . .L .) L/L L:UUUL J/ LL/ I V AGREEMENT THIS AGREEMENT, made and entered into by and between PLANTREAT, INC . , hereinafter referred to as the Donee, and DORNER DEVELOPERS, INC , , hereinafter referred to as Donor. • WHEREAS, the Donee is the owner and operator of a sewage disposal system located in the Village of Tequesta, State of. Forida; and WHEREAS. the Donor is a developer of real estate in the same .area; and WHEREAS, the Donee has recently made a large capital ex- penditure in expanding and enlarging the sewage disposal system. The Donor has requested they Donee to reserve sufficient capacity in said tie4.iat.A i. .•i_+..;,.,1 ;. •!;1. ..._ se:t 'Jice connections to Donor' s condominium complex nown ,:is WRTERWAY BEACH APARTMENTS and such other property as is, owned or controlled by Donor or its principal shar.eholde.is, ERNEST DOWNER and HERBERT DORNER, providing such cap- acity shall not exceed that ' amount that would be required for one hundred thirty single family service connections, and further pro- vided that, at no time, shall there be connected to the sewage dis- posal system any shopping center; however, a' special permit may be obtained for a connect-ion to serve a shopping center provided that, at no time, shall there be connected to said system a laundry, laundromat, cleaning establishment or any business of a similar nature; and the Donee has agreed to such requests, providing that the Donor contributes at this time a total of Two Hundred Dollars • ($200.00) per single family unit, or a total of Twenty Six Thousand Dollars ($26,000.00) to the Donee to reduce its original capital expenditure; and WHEREAS, the Donee is willing to hold said connections available without further cost to the Donor for a period of forty eight months from date; and 1 WHEREAS, should Donee sell its facilities, it shall pro- vide that such purchaser, or assignee, of said facilities shall be bound to hold said connections available to Donor up to the date above mentioned. NOW THIS INDENTURE WITNESSRTH: • That for and in consideration of Donor paying to the Donee Twr+nt y Sax Thf-,.an r t ._' (. , :)'��. . ' . ; ash, uniteu States funds, at the time of the execution of this Agreement, and, in fur- ther consideration of the mutual promises to be kept and performed by each party hereto, it is agreed as follows: Donee agrees: • 1. To ' reserve to Donor one hundred thirty sewer service con- nections, or such capacity to service the equivalent of one hundred thirty single family residences, subject to the conditions and, re- servations hereinatte. set foitn, .and accepts as a donation there- for Twenty Six Thousand Dollars ($26,000,00) , receipt of which is hereby acknowledged. 2. To reserve in its sewer system sufficient capacity to handle said load. • - 2 • i . 3. To provide the services necessary in the sewer plant to handle the disposal of such sewage load as may be injected into the system by Donor, provided it does not exceed the load equivalent to one hundred thirty single family dwelling units. 4. To' furnish the same service to Donor as is furnished to all other customers connected to the system, at the same rates per unit as it charges to other customers. 5. To comply with and abide by the laws of Florida pertinent to the conduct of sewer systems. I 6. To fix a reasonable amount as the required deposit to be made by Donor to insure payment of bills to be rendered to Donor • for the monthly services to be furnished by Donee. Donor agree . 1. ' To donate to Donee at the time of the execution of this Agreement the sum of Twenty Six Thousand Dollars ($26,000.00) cash, United States currency, or a certified or cashier' s check in said . amount payable to Donee. 2. To pay for. the cost of the connections which it shall make to Donee' s system and to have only authorized persons to sake such connections. 3. Not to deposit and not to permit anyone else to deposit in the system any substances which would be damaging or detrimental 'to Donee' s sewer system, such as acids, strong insoluble detergents, or other solids not amenable to treatment in sewer plants. 1 • 3 - • 4. To pay the monthly charges on time when services are fur- nished. • 5. To comply with and abide by the rules and regulations as prescribed by the plant applicable to all customers. It is further understood and agreed as follows: A. That should Donee fail to provide the one hundred or the equivalent capacity thirty connections q P Y to service the equi- valent of one hundred thirty single family dwellings when requested , by Donor within the time limit and provisions of this Agreement, that a suit for damages may not be sufficient to give Donor the relief needed, and-that a suit to enforce specific performance of • this Agreement shall be an additional remedy to afford Donor the • relief required 'in this matter; provided, however, the limit of liability shall not exceed the amount of the donation made herein. B. That if Donor is not ready to "cut into" the Donee' s, system within the next forty eight months, then the right to "cut - in" shall be extinguished, and Donor shall not be permitted to ",cut into" the sewer system at a later date, unless a further contract be entered into between Donee and Donor. If Donor has onlyttilized or' "cut in" a portion of the connections, within the next forty eight months, then all units renaininq and not "hooked up" within the said forty eight months shall be lost to Donor, and this con- tract, as to the privilege of cutting' in, shall be null and void. C. That Donee may, after the connections have been made, discontinue the service to Donor if Donor should fail to abide by 4 • • . • • the terms of this Agreement, and Donee will not be obligated to re- store such service until the objection or reasons which caused such discontinuance has- or have been corrected or removed. No service shall be restored unless Donor shall pay all costs incurred in re- storing such service. • D. That Donee' s engineers have assured Donee that the capacity of the plant and collection system is or will be suffi- cient to take on Donor' s load of one hundred thirty connections. Donee shall not sell any other connection privileges to any other users, except to: 1. S S & R for sixty two connections. 2e Resort Properties, Inc. for One hundred fifty four ,connections. � ,,�� Lc` • • That Donee shall not permit any other "hook-ups" , except those above mentioned which would jer-r,ar :p D&. r.,r ' s E. That time is of the essence of this Agreement. F. Waiver by Donee of any of the agreements or conditions herein shall not be considered a waiver of any subsequent breach of said agreement or condition. G. That this Agreement shall be binding -upon the succes- sors and assigns of Donee and Donor, and Donor shall be absolved of all liability or responsibility for any property which is being ser- viced under the terms of this Agreement once it has assigned, sold. or conveyed its interest in the property being serviced. WITNESS the execution hereof by the authorized officers - 5 - • • • • of the parties hereto, this day of May, 1970. PLANTREAT, INC.. By ;4„ WITNESSES: President DORNER DEVELOPERS, I7-.) -*. B : 7 742 r WITN, SES: President • 2 % • .• • • • • July 14, 1970 DiVoata Construction Company 251 River Drive Tequesta, Florida • . The undersigned, jointly and severally, represent to the above-named that Plantreat, Inc. will provide 38 taps for single family units into the existing sewage treatment plant of Plantreat, Inc. upon the payment ' • of the sum of $3 , 300. 00 by the above-named to the . undersigned. Said payment shall be made by a note bearing e%o interest within two (2) years from date of October 1, 1970 and the taps shall be available from that date for four (4) years. In the event that the sewage treatment plant is sold, it shall be sold subject to this commitment. It is understood that the 38 taps may be used for the property adjoining re Mar or on the property purchased by DiVosta Construction Company from S. S. & R. , Inc. . PLANTREAT, INC. • • • By . William E. Sch luaemeyer,,1 President • • • • • • William E. Schlu yer, • indtviduall