HomeMy WebLinkAboutDocumentation_Regular_Tab 22_08/11/2005 VILLAGE OF TEQUESTA
VILLAGE COUNCIL MEETING AGENDA COVER/MEMORANDUM
Date Prepared: August 1, 2005
Meeting Date: August 11, 2005
CLASSIFICATION: Consent
,
Subject/Agenda ItemlSu See attached
Water Service Agreement The Preserve at Tequesta
STAFF RECOMMENDATION T4 [X] APPROVE [] DENY
Reviewed by: Costs: Attachments: Advertised:
None (please iistj
(Revenue) Date:
Memorandum to
Funding Source: Village Manager Paper:
[ ] Operating
[ ] Other (ezplain) Water Service
Agreement [ ] Not required
Affected Parties:
, Budget Acc� # [ ] None [ ] Notified (ezplain)
Not Re uired
Submitted by: Originating Village Manager Cauncil Action:
Department: Approval:
Russell K. White [ ] Approved
Utilities [ ] Approved
wlconditions:
[ ] Denied
( ] Tabled to:
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- TEQUESTA UTILITIES �
Q MEMOR.ANDUM
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TO: 1VIICHAEL R. COUZZO, VII,LAGE MANAGER
FROM: RUSSELL K. WHITE, PUBLIC SERVICES MANAGER
SUBJECT: WA�'ER SERVICE AGREEMENT / THE PRESERVE AT
TEQUESTA
DATE: JULY 6, 2005 �
Attached, please f�nd �he- Water Service �greement €or �ie �'reserve at Tequesta
(formerly known as the Crossings). This development has already been approved by the
Village Council.
As you wi11 note in the agreement, they witl be receiving a credit af $67,875.Ofl from the
previous development. The total amou.nt of new revenue will be $279,557.48. The
breakdown for the credit and new connection fees are as follows:
45.25 existing ERC's that paid $1,St�0:00 per ERC— $67,875.Q0
152 new ERC's @$2,285.74 per ERC = $347,432.48
A�ew fees, �ess ere�it = �2'�9,557.4$
Please have this item plaeed on the July 14, 2005 agenda.
Should you require additional information, please feel free to contact me.
RESOLUTION NO. ?9- 04/05
A RESOLUTION OF THE VILLAGE COUNCIL OF THE �
VILLAGE OF TEQUESTA, �PALM. BEACH COUNTY,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO
ENTER INTO A WATER SERVICE AGREEMENT WITH
CORNERSTONE TEQUESTA, LLC, 4F CORAL GABLES
FLORIDA, ALLOWING THE EXPANSZON OF THE WATER
SYSTEM. HAVTNG CAPITAL GONNECTION REVENUE OF
$279,557.48 AND AUTH�RIZING THE VILLAGE
MANAGER TO PROCEED ON BEHALF O�' THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE
COtJNCIL OF T� VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AS FOLLO�WS:
Section �.. Consideration to proceed with the
applicable Water Service Agreement allowing
Cornerstone Tequesta, LLC of Caral Gables, Florida
to extend the water system with a capital revenue
of $279,557.48 attached hereto as Exhibit "A" and
incorporated by reference as a part of this
Resolution is hereby approved and the Village
Manager of the Village of Tequesta is authorized
to execute the same on behalf of th� Vil�.age.
THE FOREGOING RESOLUTION WAS OFFERED by
Councilmember , who moved its
adoption. The motion was seconded by
Councilmember , and upon being
put to a vote, the vote was as follows:
FOR ADOPTTON AGAINST ADO PTION
The Mayar thereupon declared the Resolution duly
passed and adopted this llth day of August, A.D,
2005.
MAYOR OF TEQUESTA
Jim Humpage
ATTEST:
Gwen Carlisle
Village Clerk
- The Preserve of Tequesta
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WATER SERVICE AGREEMENT
THIS AGREEMENT made and entered into this day of ,
2005, by and between , hereinafter referred to
as "Developer", and Village of Tequesta Utilities Department, hereinafter
referred to as "Utility".
WIiEREAS, Developer owns or controls lands loc.ated in the Utility
Service Area, and described in Exhibit "A", a�tached 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 residenti�`1 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. fihe following definitions and references are given for the purpose
of interpreting the terms as used in this Aqreement and apply unless the
context indicates a different meaning;
A. "CONSUMER INSTALLA�ION" - All facilities ordinarily on the
consumer's side of the point of delivery.
g, "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 daiZy flow (ADF) to the equivalent
number of residential connections. For this purpose, the
average daily flow of one equivalent residential connection
(ERC) is 350 gal.Ions per day (GPD) . The number of ERC's
contained in a given ADF is determined by dividing that ADF by
350 GPD.
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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 othexs.
D. KPOINT OF DELIVERY - The point of delivery where the water
lines or meter(s} of the Utility are connec�ed 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 aIl pipes and appurtenances to the point of delivery unless
otherwise agreed upon. The pipes and appurtenanees outside the
point of delivery shall belong to others.
E, uPROPERTY" - The area or parcel of land described in Exhibit "A"
by legal description.
F. "SERVICE" - The readiness and ability on the part of the u�ility
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 Vil.lage 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
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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 �illage 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 Agreemen�, the
DeVeloper agrees to deliver to the utility a copy of a Title
Insurance Policy or an Opinion of. Title from a. �u�aified attorriey=
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 Charqes - 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 charqes does not and will not result in the
Utility waiving any of its rates or rules and regulations, and the
Village's enforcement thereof shall not be affected in any manner
whatsoever by Developer makinq 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; REIL�URSEMENT - If the water
service facilities can reasonably be expected to serve other areas
'thar� those of the Developer, the Utility shall require that such
facilities be oversized to enable water service to be provided to
such additional property.
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However, there wi11 be no reimbursement for the construction of six
(6)inch or eight (8) inch water mains, whiEh 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
Ut:ility and upori ��ta 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 constructed over sized
facilities as referenced in this paragraph, 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: Developer will
receive the reimbursement due it from any other Developers, as each
Developer connects for a time period up to five (5) years.
�. PAYMENT - Developer shall pay, in full, connection charqes 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 One Hundred
Fifty Three (153) 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 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 faur (4j sets),
together 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 �c�rithin the Property. Such plans wi1.l also show the
� interconnection of such on-site.facilities to off-site facilities of the
Utility or off-site facilities that may be constructed
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by Developer or others and given to 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 pxoperty and such master plan shall be submitte.d. to the Utility
concurrent with or prior to �submission of enqineering 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
moaification, shall submit four (4) copies of the modified plan �Q the
Utility. The cost of any modifications to the Utility's exi5ting
systems or to its Master Plan that are caused by Developer's
modifications or chanqes shall be borne by Developer. Developer shall
cause his engineer to submit specifications governinq 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
bs paid by the Developer at the time the revised Master Plan is
submitted. No construction shall commence until the Utility and
appxopriate 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 �o all such approvals
and any other approvals required hereunder, the Utility shall have no
responsibility to accep� 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 drawinqs by the
Utility and appropriate regulatory agencies, Developer or the engineer
of record, shall conduct a pre-cons�ruction 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 cost and expense, the water distribution system as
� shown on the approved plans and specifications.
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Durinq 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 tes�Cs 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 appro�ed
plans and specifications, good engineering practices, and American
Water Works Association (AW[[�Ta) criteria as we1.1 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 Recard, 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 Developex'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
ot said transfer of title, upon the completion of the installation,
but prior ta the issuance of the final Letter of Acceptance arid 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 Di,stribution
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 enqineers have
been paid in full (i.e., by release of lien or other
appropriate means).
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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 be
secondarily lzable on such warranties. If DeveZoper does not
obtain such written warranty and/or maintenance bond from its
contractor and deliver same to the Utility, which warranty
- 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 hold harrnless 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 of 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 system(s) 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, DeveZoper shall
retain ownership of, and the obligation for maintenance of,
such on-site water facilities located on the discharqe side
of a master meter located on the consumer's side of the point
of delivery.
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If the Utility, for whatever reason, does not take
possession, ownership and control of the on-site facilities
constructed by the Developer, and provide 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 vepartment 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 p�ogram 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
at a minimum of not less than every 6 months. Developer
shall provide the Utili�y a minimum of forty-eight (48) hours
. notice of the time and place of such flushing. The Utility
shall send its representative to observe such flushing and
record the amount of water used for that purpose as indicated
by the master meter. Developer shall be solely and directly
responsible for the cost of all water used in the flushing of
his/her on-site facilities, such billinq and collection to be
conducted in accordance with the provisions of the Utility's
approved ordinances and/or palicies.
. 3. Developer shalZ 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 t�enty-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
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at which point, the Developer shall have t�enty (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
hisiher sole expense, eertain off-site water facilities 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.
A11 provisions in Section 9 above, entitled "On-Site Installations"
pextaining to specifications, plans, permits and approvals shall
also be applicable to construction of all off-site water
facilities.
11. EASE1riENTS - Developer hereby grants and gives to the Utility, its
suceessors 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 ar 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 publ.ic use in the record plats, or as provided for
in agreements, dedications, or grants made otherwise and
independent 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, conditians and intent hereof, at Developer's
expense, and shall obtain from other persons and entities holding,
if any, prior liens on the property, release of said liens, or
agreement to 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 "non 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 r.overed by easements.or
rights-of-way if not located within platted or dedicateci roads or
rights-of-way for utility purposes.
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Developer hereby fu�ther agrees that the foregoing grants or
promises of gxants 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, pri��1_eges 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 50
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 aqreed 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
Util.ity's needs.
The Utility hereby agrees that all easement grants will be utilized
in accardance with the established and qenerally accepted practices
of all its faci.lities 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 planned 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.
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12. AGREEMENT TO SERVE - Upon the completion of construction of the
on-site and off-5ite water facilities required hereunder by the
Developer, its inspection, the issuance o� 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 conn�ct or oversee the connection of the
water distribution faci�ities installed by Developer to the
central faci�ities of the Ut�lity in accordance with the terms
and intent of this Agreement.
Such connection shall at a11 times be in accordance with rules,
requlations and orders of the applicable governmental
authorities. The Utility agrees that once i� provides water
sexvice to the Prope�ty 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 a prospective user of water service,
unless in accordance with the then effective rules and regulations
of the Utility and with approval for such connection having 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-trvo (72) hours in advance, not including Saturdays,
Sundays and Holidays.
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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 qiven by a plumber working on a
project for Developer or by Aeveloper, 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 installat�on connection withizi 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.
19. UTILITY'S EXCLUSIVE RI6HT TO UTILITY FACILITIES - Developer agrees
with the Utility that all water facilities accepted by the tltility
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 o� interest in and
to such facilities or any part thereof, 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 condition to this Agreement, agxees that Developer, or
the successors and assigns of Developer, sha11 not (the words
"sha11 not" intended to mean mandatory) engage in the business or
businesses of providing potable water service to the �Property
during the period of time tHe Utility, its successors and assiqns,
provide water service to the Property, it being the intention of
the parties hereto that under the faregoinq 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 - Utility agr�:es that the rates to be charged to
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Name of Project
Developer and individual consumers of water service-on the Property
shall be those set forth in the ordinances and/or policies of the
Utility. However, notwithstanding any provision in this Aqreement
to the contrary, 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 AGRE�NT - 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 Prop�rty as a
result of a judicial proceedinq 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 assiqnment or rights of water service pertaining thereto.
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The Preserve of Tequesta
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 facsimile, and if to
Developer, shall be mailed or delivered to Developer at:
Cornerstone Tequesta, LLC
Leon J. Wolfe President
2121 Ponce de Leon Blvd.
Coral Gables, Florida 33134
and if to the Utility,.at:
Tequesta Util�ties Department
136 Bridge Road
P. 0. Box 3474
Tequesta, FL 33469
Attn: Utilities Director
19. LAWS OF FLORIDA - This Aqreement shall be governed by the laws
o� the State of Florida and shall become effective immediately
upon execution by both parties hereto, subject to any approval,
which must be obtained from governmental authority, if
applicable.
20. COSTS AND ATTORNEY'S FEES - If Utility or Developer are required
to enforce this Aqreement throuqh Court proceedings or otherwise,
by instituting suit or otherwise, then the prevailing party in
said dispute shall be entitled to recover from the other party
all costs incu�red, 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 emerqency, allocation or of other
governmental restrictions upon the use or unavailability 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 catas�rophe, unforeseeable failure or breakdown of pumping
transmission or other facilities, any �nd all governmental rules
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The Preserve of Tequesta
Name of Project
or acts or orders or restrictions or regulation� or requirements,
acts or action ot 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 ardinance or
resolution or regulation or rule er rulinq or order or decree or
judgment or restraining order or injunction of any court, then
Utility shall not be liable for such non-performance.
22. INDENttdIFICATION - Developer agrees to indemnify and hold the
Utility harml�ess from and against any and all liabilities,
claims, damages, costs and expenses (including reasonable
attorney's fees) to which the Utility may beeome 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.
MISCEI,LANEOUS PROVISIONS
23. This Agreement supersedes all previous agreements or
representations, either oral or written, heretofore in effect
between Developer and the Utility, made with respect tt� the
matters herein contained, and when duly executed, fully
constitutes the Aqreement between Developer and the Utility. No
additions, alterations or variations of the terms of this
Aqreement 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
ins�alled all water meters to serve the property within six (6)
months from the date of this Agreement, the Village shall, at the
time of ineter instaliation, 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.
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The Preserve of Tequesta
� 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 fu�ly as if set forth herein.
27. The submission of this Water Service Agreement for examination by
Developer does not constitute an offer and this Agreement only
becomes effective upon execution thereof by the Utility.
28. Not withstanding the gallonage calculations that could be made
hereunder relative to ERC's, by and execution hereof, Develop�er
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 this Agreement.
30. The parties hereto recognize that prior to the time the Utility
may actually commence a program to carryout the terms and
conditions of this Aqreement, 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 its own cost and expense, aqrees to
provide necessary assistance to the Utility in obtaining the_
approvals provided for herein.
31. Regardless of where executed, this Agreement shal3 be construed
according to the laws of the State of Florida and venue as to any
dispute arising hereunder shall be in Palm Beach County.
32. In the event that relocation of existing water and sewer utilities
are necessary for the Developer, Developer will reirnburse 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 assiqns of
the Developer.
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The Preserve of Tequesta
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 su�h 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. T�e Developer will be invoiced for reimbursable expenses by the
Utility. These expenses will include, but are not limited to,
Utility Engineer and personnel 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 charqe 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 considexed as an active
account. The Capacity Reservation Fee shall be billed monthly to
all those app�icants who possess permits authorizing connection
to the Village's water system or facilities. A11 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 riate
of Water Service Agreement, or six (6) months from the date of
issuance of a conditional use pesmit for the project, whichever
is later.
The monthly Capacity Reservation Fee shall be seven dollars and
eighty four cents ($7.84) per equivalent residential connectian
(subject to Annual Price Index Rate Adjustment). All unpaid
Capacity Reservation Fees shall acc�ue and no connection sha11 be
allowed to the Village's water facilities until all such unpaid
accrued fees related to said applicant or its assigns have been
paid in full by the applicant or its assigns. The obligation to
continue payment of 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
The Preserve of Tequesta ,
Name of Project
WITNESSES: THE UTILITY:
TEQUESTA UTILITIES DEPARTMENT
Signature P. O. Box 3474
Tequesta, FZ 33469
� 136 Bridge Road
Print Name Tequesta, FL 33469
By:
Signature
Print Name
THE DEVEIAPER:
Cornerstone Tequesta, LLC
WITNESSES• Leon J. Wolfe, President
� 2121 Ponce de Leon Blvd.
Coral Gab].es, Florida 33134
Sig�ature �
By
Print Name
Signature
Print Name
Signature
JOINDER & CONSENT OF PROPER2Y
(If other than Developerj
Print Name
Signature Signature
Print Name Print Name
MORTGAGEE JOINDER (Tf applicable)
By:
Signature
It's:
Print Name Print Name/Title
18
The Preserve o Tequesta
Name of Project
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
The foregoing instrument was acknowledge before me this day of
2005 , by , on behalf
of the Utility, who is personally known to me or has produced .� drivers �
license as identification.
Notary Public
My Commission Expires: State of Florida at-larqe
FOR DEVELOPER:
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day
of .
2005 , by , of Florida, on
behalf of the eorporation. 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:
19
ERHISIT "A
The Preserve of Te uesta
Name of Project
PROPERTY DESCRIPTION
WITNESSES: DEVELOPER:
By:
20
EXHIBIT "$"
The Preserve of Tequesta
Name of Projeet
' CONNECTION CHARGES
The Developer agrees to pay in. order to induce the Utility to provide
service, the following connection charges for the share of facilities.
Said charges to be paid by Developer are those which are set forth in the
Utility's Ordinances and uniform service policies.
ITEM I Payment Schedule
Water:.
The following formula was used to determine Developer's share of Water
Facility Cha�qes.
Total ERC's Charge Per ERC Total Charges
152 Equivalent $2,285.74 $347,432.48
Residential
Connections Less Credit of $67,875.00
(based on prior payment
per prior agreement)
Total Charges:
$279,557.48
IT� II WATER SY5TEM 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 cirawn by Drawing
No. , sheets _ through _ dated
UTILITY COMPANY DEVELOPER
By: . By:
WITNESSES: , WITNESSES:
21
ERBIBIT �C
The Preserve of Tequesta
Name of Project
LOCATION MAP
WITNESSES: DEVELOPER:
22