HomeMy WebLinkAboutAgreement_Water Service_04/12/2012 • Sandy Pines Addiriop
Water Service Agreement
This Water Service Agreement, (the "A�reement"), is made and entered into as of this ��
day of ��, 2012, by and between SP BEHAVIORAL LLC, a Florida limited liability
company with offices located at 367 S. Gulph Road, King of Pnissia, PA 19406, (the"Developer"),
and the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345
Tequesta Drive,Tequesta,FL 334b9 (the"Utili '�.
Recitals:
Whereas, Developer owns or controls lands located in Utility's service azea, as described
more particulazly in Elchibit A, attached hereto and hereby incorporated by reference (the
"Pro '� and Developer intends to develop the Property by erecting individually metered
residential units,commercial units,or a combination of these on the Property; and
Whereas,Developer desires that Utility pmvide water service to the Property;and
Whereas, Utility is willing to provide, in accordance with the provisions of this Agreement
and Utility's service policies, as the same may be amended from time to time, water service to the
Property and operate applicable facilities so that the occupants of 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 other good and valuable consideration,the receipt and sufficiency
of which are hereby acknowledged, Developer and Utility, intending to be legally bound, hereby
agree as follows:
Agreement:
1. The foregoing recitals aze true and correct and hereby incorporated by reference.
2. The capitalized terms used in this Agreement shall have the following defined meanings:
(a) "Consumer Installation"means all facilities ordinarily on the consumer's side of the
Point of Delivery.
(b) "Development Phase" means a subdivision or construction phase of the construction
of utility facilities on the Property.
(c) "Equivalent Residential Connection"means a factor used to convert a given average
daily flow (the "ADF") to the equivalent number of residential connections. For this purpose, the
average daily flow of one Equivalent Residential Connection (or "ERC") is 350 gallons per day
("GPD"). The number of ERCs contained in a given ADF is detemiined by dividing that ADF by
350 GPD.
(d) "Point Of Deliverv"means the point of delivery where the water lines or meter(s)of
Utility are connected with water lines of the consumer. Unless otherwise indicated, the Point of
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Delivery shall be on the consumer's side or discharge side of the water meter(s) that will be utilized
for delivery of Service.
(e) " Service " means the readiness and ability on the part of Utility to furnish and
maintain water service to the Point of Delivery for the Property lot or tract pursuant to applicable
rules and regulations of applicable regulatory agencies.
3. Ownership Utility shall, according to the terms and conditions hereof, own all pipes and
appurtenances to the Point of Delivery unless otherwise agreed upon. The pipes and appurtenances
outside the Point of Delivery shall belong to others.
4. Annexation
(a) No unincorporated property contiguous to the corporate limits of the Village, not
currently receiving Service pursuant to Service agreement or franchise agreement with Utility, shall
be allowed to connect to or be provided Service through Utility without first being annexed into the
corporate limits of the Village.
(b) Should the Property not be contiguous to the , corporate limits of the Village at the
time Service is initially provided to the Property, the Property owner, including its successors and
assigns, as a condition of receiving Service, must:
(i) If the Property is located in Palm Beach County, Florida, file a petition with
the Village to voluntarily annex the Property into the corporate limits of the Village within
thirty (30) days of the date that the Property becomes contiguous to the corporate limits of
the Village; or
(ii) If the Property is located outside Palm Beach County, file a petition with the
Village to voluntarily annex the Property into the corporate limits of the Village 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.
5. Assurance of Title At the time of execution of this Agreement, Developer shall deliver to
Utility a copy of a title insurance policy or a legal opinion, each reasonably satisfactory to Utility in
its sole discretion, with respect to the Property, which policy or opinion shall include the current
status of the title, the name of the legal title holder, and any outstanding mortgages, taxes, liens,
covenants or other encumbrances. The policy or opinion delivered pursuant to this Section 5 are
intended to evidence Developer's legal right to grant the exclusive rights of Service contained in
this Agreement.
6. Connection Charges In addition to the contribution of any water distribution system, where
applicable, and further to induce Utility to provide Service, Developer hereby agrees to pay Utility,
the connection charges described in Item I of Exhibit B , attached hereto and hereby incorporated by
reference.
(a) Payment of the connection charges does not and will not result in Utility waiving any
of its rates or rules and regulations, and their enforcement shall not be affected in any manner
whatsoever by Developer making payment of same.
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(b) Neither Developer, nor 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 charge paid to Utility.
(c) Any user or consumer of Service shall not be entitled to offset any bill or bills
rendered by Utility for such Service against the connection charges paid. Developer shall not be
entitled to offset the connection charges against any claim or claims Developer may have against
Utility, including but not limited to claims for breach of contract, damages, or other charges of any
kind.
7. Oversized Facilities Requirements; Reimbursement If the Service facilities can reasonably
be expected to serve other areas than those of Developer, Utility shall require that they be oversized
to enable Service to be provided to such additional property.
(a) However, there will be no reimbursement for the construction of six (6) inch or eight
(8) inch water mains, which are the minimum standard sizes, even if these sizes exceed Developer's
own requirements.
(b) Developer will be reimbursed for the estimated difference in the cost of construction
between the oversized facilities and those facilities Developer otherwise would have been required
for its use. The amount of the reimbursement shall be determined by Utility based on the data
concerning construction costs of Utility and upon data which may be supplied to Utility by
Developer's engineer. Utility shall make every effort to properly evaluate the cost difference for
oversizing, but in the event of a disagreement, the decision of Utility shall be final and binding.
(c) If necessary, Developer will receive reimbursement from the other developers, as
each such developer connects for a time period up to five (5) years.
8. Pam Developer shall pay the connection charges in full at the time of the
execution of this Agreement.
9. Equivalent Residential Connection Reserved The parties agree that the capacity
needed to provide Service to the Property is 21.71 ERCs 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 Item I of Exhibit B .
10. On -Site Installation To induce Utility to provide the water treatment facilities, and to
provide Service to the Property, unless otherwise provided for herein, Developer shall construct the
on -site water distribution systems referred to in Item II of Exhibit B and transfer ownership and
control of same to Utility.
(a) 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, along with a copy of the final estimate of quantities
covering all contract items to be conveyed to Utility. Utility shall retain four (4) copies of such
documents. Such Plans shall show, or provide for, the following:
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(i) The on -site water distribution system proposed to be installed to provide
Service to the Property;
(ii) The interconnection of such on -site facilities to the off -site facilities of Utility
or off -site facilities that may be constructed by Developer or others and conveyed to Utility;
(iii) Such plans may be limited to the first Development Phase only, and
subsequent Development Phases may be furnished from time to time;
(iv) Each such Development Phase shall conform to a master plan for the
development of the Property and such master plan shall be submitted to Utility concurrent
with or prior to submission of engineering plans for the first Development Phase;
(v) Developer reserves the right to modify its master plan any time in such a
manner as to not unduly interfere with Utility's existing facilities and upon modification,
shall submit four (4) copies of the modified plan to Utility;
(vi) Developer shall be solely responsible for the cost of any modifications to
Utility's existing systems or to its master plan caused by Developer's modifications or
changes;
(vii) Developer's engineer shall submit specifications governing the material to be
used and the method and manner of installations;
(viii) All such plans, specifications and shop drawings submitted to Utility shall
meet the minimum specifications of Utility, as determined by Utility in its reasonable
discretion;
(ix) Utility reserves the right to review the revised master plan and recalculate
Developer's connection charges at the time the revised master plan is submitted;
(x) No construction shall commence until Utility and appropriate regulatory
agencies have approved such master plans and the applicable Development Phase plans and
specifications in writing;
(xi) When permits and approved plans are returned by appropriate regulatory
agencies to Developer, Developer shall submit to Utility one (1) copy of the water permit(s)
and approved plans;
(xii) If construction commences prior to all such approvals and any other
approvals required hereunder, Utility shall have no responsibility to accept such lines or
facilities, and Utility may elect to terminate this Agreement and/or not provide Service to
Developer until such time as Developer obtains such required approvals and Utility has
completed all required inspections and tests.
(b) After the approval of plans, specifications and shop drawings by Utility and
appropriate regulatory agencies, Developer or its engineer, shall conduct a pre - construction
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conference with engineer of record, utility contractor, appropriate building office(s), all other utility
companies involved in the development of the property, and Utility.
(c) Developer shall provide Utility's inspector a minimum of forty -eight (48) hours
notice, excluding weekends and holidays, prior to commencement of construction. Developer shall
be solely responsible for the costs and expenses of constructing the water distribution system as
shown on the approved plans and specifications.
(d) During Developer's construction of the water distribution system, Utility shall have
the right to inspect such installations to determine compliance with the approved plans and
specifications. Utility's engineer of record and Utility contractor(s) shall be present for all standard
tests for pressure, exfiltration, line and grade, infiltration and all other customary engineering tests
to determine that the systems have been installed in accordance with the approved plans and
specifications, good engineering practices, and American Water Works Association (the "AWWA ")
criteria as well as other applicable federal, state and local regulations.
(e) Upon completion of construction, Developer's engineer shall provide Utility with a
signed copy of the certification of completion as submitted to the appropriate regulatory agencies.
A copy of the bacteriological results and a sketch showing locations of all sample points shall be
included. Developer's engineer shall also provide Utility with ammonia mylars of the as -built plans
prepared and certified by such engineer, and ammonia mylars of the recorded plat, including the
dedication sheet(s).
(f) Developer shall transfer to Utility title to all water distribution systems installed by
Developer or Developer's contractor shown in Item II of Exhibit B dealing with those potable water
supply facilities that will be transferred from Developer to Utility. Such conveyance shall take
effect before Utility issues its final "Letter of Acceptance ". Upon the completion of the installation,
but prior to the issuance of the final Letter of Acceptance and the rendering of Service by Utility,
Developer shall:
(i) Convey to Utility by notarized bill of sale in form satisfactory to Utility's
counsel, the water distribution system described in Item I1 of Exhibit B , as constructed by
Developer and approved by Utility.
(ii) Provide Utility with copies of invoices from contractors for installation of the
utility systems being conveyed to Utility, including any engineering design and inspection
fees paid.
(iii) Furnish proof satisfactory to Utility that the installation of the facilities and
all contractors, subcontractors, material men, laborers and engineers have been paid in full
(i.e., by release of lien or other appropriate means).
(iv) Warrant and/or guarantee all utility facilities being transferred to Utility
against faulty workmanship and defective materials for a period of one (1) year from the
date of Utility's final Letter of Acceptance. Developer shall also assign any and all
warranties and/or maintenance bonds received from any contractor constructing the water
system and the right to enforce same to Utility. Developer shall be secondarily liable on
such warranties. If Developer does not obtain written warranty and/or maintenance bond for
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a minimum period of one (1) year from its contractor and deliver of same to Utility, then
Developer hereby agrees to indemnify and save harmless Utility for any loss, damages,
costs, claims, suits, debts, or demands by reason of defects in the systems for a period of one
(1) year from date of the final Letter of Acceptance by Utility.
(v) Provide Utility with all appropriate operation/maintenance and parts manuals.
(vi) Convey to 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 Utility's counsel. If applicable, Utility may
require joinder of any condominium association, cooperative or other vendee of the
Property.
(vii) Utility agrees that the issuance of its final Letter of Acceptance for the water
distribution system installed by Developer shall constitute the assumption of responsibility
by Utility for the continuous operation and maintenance of such systems from that date
forward, subject to the terms and conditions contained herein.
(viii) If development of the Property involves one consumer or a unity of title of
several consumers and/or in the opinion of Utility ownership by Utility of the internal water
distribution system is not necessary or proper, then at Utility's option Developer shall retain
ownership and the obligation for maintenance of such on -site water facilities located on the
discharge side of a master meter located on the consumer's side of the Point of Delivery.
(ix) If Utility, for whatever reason, does not take possession, ownership and
control of the on -site facilities constructed by Developer, and provides master metered
Service to Developer for the use of the Property, then Developer shall:
(A) Maintain water quality at each individual outlet in compliance with all
primary and secondary standards promulgated by the Florida Department of
Environmental Protection, or Palm Beach County Health Department, except that
such water quality standards shall not be in excess of those attained at Utility's Point
of Delivery master meter.
(B) Institute a program of line flushing to reduce of sedimentary deposits
in Developer's on -site lines, and reduce the possibility that water quality standards
will fall below those required by the immediately preceding Section 10(f)(ix)(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 least every (6) months. Developer shall provide Utility a
minimum of forty -eight (48) hours notice of the time and place of such flushing.
Utility shall send its representative to observe such flushing and record the amount of
water used as indicated by the master meter. Developer shall be solely and directly
responsible for the cost of all water used in the flushing of its on -site facilities, such
billing and collection to be conducted in accordance with Utility's current policies,
as the same may be amended from time to time.
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(C) Developer shall be responsible for maintaining all on -site water
facilities in accordance with reasonably prudent engineering standards. Utility shall
have the right to inspect Developer's facilities during reasonable business hours upon
twenty -four (24) hours notice to Developer. If Utility determines that Developer has
failed to comply with the provisions of this Section 10(f)(ix)(C), Utility shall provide
notice of the same to Developer, who shall then have twenty (20) days or such other
time as is reasonably necessary to correct the deficiency. If Developer fails to do so,
Utility shall have the power and right to discontinue Service in accordance with the
provisions of its current policies for non - payment.
11. Off -Site Installation Developer may be required to construct, at its sole expense, certain
off -site water facilities in order to connect Developer's on -site facilities to Utility's existing water
system. In addition, Developer may be required to convey all or a portion of said off -site water
facilities to Utility. All provisions of this Section 11 pertaining to specifications, plans, permits and
approvals are also applicable to all off -site water facilities construction.
12. Easements Developer hereby grants, conveys and transfers to Utility, its successors and
assigns, the exclusive right to construct, own, maintain or operate the water facilities to serve the
Property, and the exclusive right 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, deeds, or grants made otherwise and
independent of said record plats. Developer shall obtain any and all necessary off -site easements
that may be required in order to carry out the intent of this Section 12 at Developer's expense, and
cause any person or entity holding prior liens on the Property to release such liens, subordinate their
position or join the conveyance of the easements or rights -of -way or give Utility assurance by way
of "no disturbance agreement ", so that in the event of foreclosure, mortgagee would continue to
recognize Utility's easement rights, as long as Utility complies with the terms of this 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.
(a) 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 Utility is
constructing or operating such facilities. The foregoing grants shall be for such period of time as
Utility or its successors or assigns require such rights, privileges or easements in the construction,
ownership, maintenance, operation or expansion of water facilities. If Developer and Utility agree
that 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 shall grant to Utility, without cost or
expense to Utility, the necessary easement or easements for such "private property" installation;
provided, all such "private property" installations by Utility shall not interfere with the then primary
use of such private property. Utility covenants that it will use due diligence in ascertaining all
easement locations; however, should Utility install any facilities outside a dedicated easement area,
Utility will not be required to move or relocate any such facilities so long as they do not interfere
with the then proposed use of the area in which the facilities have been installed and so long as
Utility obtains a private easement for such facility location, which Developer will give if same is
within its reasonable power to do so. The easements granted by Developer to Utility shall preclude
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the use by other utilities of these easements, such as for cable, television, telephone, electric, or gas
utilities; or as otherwise agreed to by Utility.
(b) If Developer fails to deliver such easement, Utility is hereby authorized to substitute
the Agreement as a recorded easement sufficient for Utility's needs.
(c) Utility agrees that all easement grants will be utilized in accordance with the
established and generally accepted practices of all its facilities. However, this Section 12(c) shall
not require Utility to restore those improvements constructed, installed or planted within the Utility
easement that are not in accordance with the established and generally accepted practices of the
water industry with respect to the use of utility easements.
13. Agreement to Serve
(a) Upon Developer's construction of the on -site and off -site water facilities, Utility's
issuance of its final Letter of Acceptance, and receipt of all appropriate governmental agency
approvals, Utility shall cause the water distribution facilities to be connected to Utility's central
facilities.
(b) Such connection shall be in accordance with rules, regulations and orders of the
applicable governmental authorities. Utility agrees that once it provides Service to the Property and
Developer or others have connected Consumer Installation to its system, Utility will continuously
provide Service to the Property in compliance with all requirements of the applicable governmental
authority having jurisdiction over Utility's operations.
14. Application for Service; Consumer Installations Absent Utility's prior written approval,
Developer or any owner of the Property, or any occupant of any residence, building or unit located
thereon will not connect any Consumer Installation to Utility's facilities.
(a) Developer has sole responsibility for connecting the Consumer Installation to
Utility's meter and/or lines at the Point of Delivery, and with regard to such connections, the parties
agree as follows:
(i) Approved backflow preventers must be installed prior to Utility providing
meters and Service;
(ii) Application for the installation of water meters shall be made seventy -two
(72) hours in advance, not including Saturdays, Sundays and holidays.
(iii) All Consumer Installation connections must be inspected by Utility before
back - filling and covering of any pipes;
(iv) Notice to Utility requesting an inspection of a Consumer Installation
connection may be given by the plumber or Developer, and the inspection will be made within
twenty -four (24) hours, not including Saturdays, Sundays and holidays, provided the water
meter and backflow preventer have been previously installed. If Utility fails to inspect the
Consumer Installation connection within forty -eight (48) hours after the request for inspection,
Developer or owner may backfill or cover the pipes without Utility's approval and Utility must
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accept the connection "as is" with regard to any matter that could have been discovered by
inspection.
15. Utility's Exclusive Right to Utility Facilities All water facilities accepted by Utility
in connection with providing Service to the Property (including fire service), shall at all times
remain in the sole, complete and exclusive ownership of Utility, its successors and assigns. No
person or entity owning any part of the Property or any residence, building or unit constructed or
located thereon, shall have any right, title, claim or interest in and to such facilities or any part of
them, for any purpose, including the furnishing of Service to other persons or entities located within
or beyond the limits of the Property.
16. Exclusive Right to Provide Service Neither Developer nor its successors and assigns shall
engage in the business of providing Service to the Property while Utility, its successors and assigns,
provide Service to the Property. Utility shall have the sole and exclusive right and privilege to
provide Service to the Property and to the occupants of such residence, building or unit constructed
thereon.
17. Rates The rates to be charged to Developer and individual consumers of Service shall be as
set forth in the current ordinances and/or policies of Utility, as the same may be amended from time
to time, which 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 the
same may be in effect throughout Utility's service area.
(a) Notwithstanding any provision in this Agreement, Utility may establish, amend or
revise, from time to time, in the future, and enforce rules and regulations covering Service to the
Property. However, all such rules and regulations so established by Utility shall at all times be
reasonable and subject to such regulations as may be provided by law or contract.
(b) Any such initial or future increased rates, rate schedules, and rules and regulations
established, amended or revised and enforced by Utility from time to time, as provided by law, shall
be binding upon Developer and any user or consumer of Utility's Service provided to the Property.
18. Indemnification Developer shall indemnify and hold Utility harmless from and against
any and all liabilities, claims, damages, costs and expenses (including reasonable attorney's fees
and costs) actually incurred by Utility as a result of Developer's breach or non - performance of this
Agreement. This indemnification provision shall survive the actual connection to Utility's water
system.
19. Developer's Delay If Developer does not make application for and have installed all
water meters to serve the Property within six (6) months from the date of this Agreement, the
Village shall assess a fee representing the difference between the connection charge paid up front by
Developer and the connection charge currently being assessed by the Village at the time of actual
meter installation.
20. Reservation, Calculation Notwithstanding the ERC gallonage calculations made herein,
this Agreement reserves a given number of units of capacity for the Property and not for purposes of
any other calculations.
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21. Prior Approvals The parties hereto recognize that prior to the time of Utility's
performance under this Agreement, that 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 Utility. At Developer's sole cost and expenses, Utility
will make commercially reasonable efforts to make the necessary and proper applications to all
applicable governmental authorities and obtain their approval. Developer at its own cost and
expense will provide any assistance requested by Utility in obtaining such approvals.
22. Relocation If relocation of existing water and sewer utilities are necessary for the
Developer, Developer will reimburse Utility in full for such relocations.
23. Inspection Utility shall have the right of inspection of Developer's internal lines and
facilities at all reasonable times and hours.
24. No Liabil�. There shall be no liability whatsoever on Utility for failure to deliver 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's Service.
25. Costs Utility will invoice Developer for Utility's reimbursable expenses. These expenses
will include, but not be limited to, Utility engineer expenses, secretary time, computer time, plan
review and inspection fees.
26. Capacity Reservation Fee Each new connection to the water system which has paid a
capital improvement charge at the time of application for a new connection shall pay a capacity
reservation fee, (the " Ca p acity Reservation Fee "), for each ERC that has not been transferred to a
customer or tenant and is considered an active account.
(a) The Capacity Reservation Fee shall be billed monthly to applicants possessing
permits authorizing connection to Village's water system or facilities. The Capacity Reservation
Fee will be due and payable on the later of: (a) six (6) months from the effective date of the
applicable water service agreement, or; (b) six (6) months from the date of issuance of a conditional
use permit for the project.
(b) The monthly Capacity Reservation Fee shall be twelve dollars and nineteen cents
($12.19) per ERC. All unpaid Capacity Reservation Fees shall accrue and no connection shall be
allowed to Village's water facilities until all unpaid accrued fees have been paid in full. The
obligation to pay the Capacity Reservation Fees for a particular ERC of capacity shall terminate
upon connection of that particular ERC to the Village water system.
27. General Provisions
(a) Binding Effect of Agreement This Agreement shall be binding upon and shall inure
to the benefit of Developer, Utility and their respective assigns and successors by merger,
consolidation, conveyance. The capacity reserved by this Agreement cannot and shall not be
assigned by except in the case of a bona fide sale, transfer or assignment of the Property, or any part
of it. In the event of any such sale, transfer or assignment, Developer shall provide a notice of such
sale, transfer or assignment to Utility, along with a copy of the agreement, contract or other
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instrument documenting the transaction. Utility's approval of the sale, transfer, or assignment shall
not be unreasonably withheld. Nothing herein shall preclude sales of individual units and
assignment or rights of Service pertaining thereto.
(b) Notice Until further written notice by either party to the other given in accordance
with this Section 27(b), all notices provided for herein shall be in writing and transmitted by
messenger, by mail or by facsimile:
If to Developer:
SP Behavioral LLC
11301 SE Tequesta Terrace
Jupiter, Florida 33469 -8146
Attn: John F. McCarthy, CEO
If to Utility:
Tequesta Utilities Department
345 Tequesta Drive
Tequesta, FL 33469
Attn: Utilities Director
28. Governing Law This Agreement shall be governed by the internal laws of the State of
Florida and it shall be and become effective immediately upon execution and delivery by both
parties, subject to the approval, if any, that must be obtained from governmental authority.
29. Costs and Attorney's Fees In the event Utility or Developer are required to enforce this
Agreement by legal 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.
30. Force Majeure Utility shall not be liable for non - performance of its obligations under
this Agreement if it is prevented or interrupted in doing so by any cause beyond its control,
including, but not limited to, acts of God, a public enemy, war, national emergency, allocation of or
other governmental restrictions upon the use or availability of labor or materials, rationing, civil
insurrection, riot, civil disorder or demonstration, strike, embargo, flood, tidal wave, fire, explosion,
bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or
catastrophe, unforeseeable failure or breakdown of pumping transmission or other facilities, any and
all governmental rules or acts or orders or restrictions or regulations or requirements, acts or action
of any government or public or governmental authority or commission or board or agency or agent
or official or officer, the enactment of any statute or ordinance or resolution or regulation or rule or
ruling or order or decree or judgment or restraining order or injunction of any court.
31. Entire Agreement This Agreement supersedes all previous agreements and
representations, whether verbal or written, made by Developer or Utility, and constitutes the full
agreement between Developer and Utility with respect to the matters herein contained. No
additions, alterations, variations or waiver of the terms of this Agreement shall be valid, unless such
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additions, alterations, variations or waivers are expressed in writing and duly signed by all parties
hereto.
32. Construction 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.
33. No Offer The submission of this Agreement for examination by Developer does not
constitute an offer, and becomes effective only upon Utility's execution and delivery.
34. Headings The Section and subsection headings of this Agreement are included herein
for reference only and shall not constitute a part of this Agreement for any other purpose.
35. Further Assurances Each party hereby agrees to grant such further assurances and provide
such additional documents as may be required, each by the other, in order to carry out the terms,
conditions and comply with the express intention of this Agreement.
36. Recordation of Agreement - Upon completion of execution of this Agreement by Developer
and Utility, Utility shall, at Developer's expense, cause this Agreement to be recorded in the public
records of Palm Beach County.
[Signature Page Follows]
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IN WITNESS WHEREOF, Developer and Utility have executed and delivered this Water
Service Agreement as of the date first written above
"UTILITY"
TEQUESTA UTILITIES DEPARTMENT
By:
Its:
"DEVELOPER"
John F. McCarthy
l I& —
By: Sv
Its: C EU
The undersigned owner of the Property
hereby joins in and consents to the terms and
conditions of this Water Service Agreement
John F. McCarthy
C- 4
By: r
Its: CG v
The undersigned mortgagee of the Property
hereby joins in and consents to the terms and
conditions of this Water Service Agreement.
John F. McCarthy
k
C (Y Ca N
Its: E I
[Signature Page to Water Service Agreement]
Exhibit A
Legal Description of Property
LEGAL DESCRIPTION:
ALL OF BLOCKS 20,26,32 AND 38, HYLAND TERRACE PROPERTIES, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 14, OF THE PUBLIC RECORDS OF
PALM BEACH (NOW MARTIN) COUNTY, FLORIDA, TOGETHER WITH THE SOUTH ONE -HALF OF
ABANDONED SEMINOLE AVENUE ABUTTING LOTS 1 THROUGH 12, BLOCK 20, ABANDONED
PINE GROVE AVENUE LYING BETWEEN BLOCKS 20 AND 26, MAGNOLIA AVENUE LYING
BETWEEN BLOCKS 26 AND 32 AND CATALPA AVENUE LYING BETWEEN BLOCKS 32 AND 38,
AS ABANDONED IN OFFICIAL RECORDS BOOK 147, PAGE 11, PUBLIC RECORDS OF MARTIN
COUNTY, FLORIDA.
ALSO TOGETHER WITH:
THE WEST 1/2 OF ABANDONED HOMEWOOD STREET ABUTTING BLOCK 20, ABANDONED
PINE GROVE AVENUE, BLOCK 26, ABANDONED MAGNOLIA AVENUE, BLOCK 32, ABANDONED
CATALPA AVENUE AND LOT 12 OF BLOCK 38; AND THE EAST 1/2 OF ABANDONED FOREST
STREET ABUTTING BLOCK 20, ABANDONED PINE GROVE AVENUE, BLOCK 26, BLOCK 32,
ABANDONED CATALPA AVENUE AND BLOCK 38; ALL AS ABANDONED IN OFFICIAL RECORDS
BOOK 1744, PAGE 2096, PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA.
CONTAINING 17.10 ACRES, MORE OR LESS.
PARCEL I.D. NUMBER: 22 -40 -42 -001- 020 - 00000 -5
Exhibit B
Connection Charges
Developer agrees to pay the following connection charges for use of Utility's facilities, as are forth
in Utility's service policies.
Item I Payment Schedule
Water
The following formula is used to determine Developer's share of water facility charges.
Total ERCs Charge Per ERC Total Charges
21.71 $3,552.62 Total: $77,127.00
00
Item II Water System Contribution
Developer will install the following pipe, mains and appurtenances and transfer the same to Village.
These installations are acco da ce with the approved plans drawn by eq - Pwy4 aFjbA%& drawing
no. C , dated O Z 1(0
Exhibit C
Location Map
S
PROJECT LOCATION NORTH
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PROJECT LO CATION
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C.1
LOCATION MAP
Y SCALE AS NOTED DATE SHEET NUMBER
u DESIGNED BY ❑_ Kimley -Ho SANDY PINES
E DRAWN BY
�� and Associ Inc . FEB. 2012 RESIDENTIAL TREATMENT LOC
C 2012 KIMLEY -HORN AND ASSOCIATES , IN C. IN PROJECT NO.
CHECKED BY 1690 S CONGRESS AVE STE. 100 DELRAY BEACH, FL 33445
3 PHONE (561) 330 -2345 FAX (561) 330 -2245 144573000 CENTER
WWW.KIMLEY- HORN.CDM CA 00000696
O
ERC Calculations
38 Beds x 200 gpd =7600 gpd divided by 350 (1 ERC) = 21.71 ERCs
Total 21.71 ERCs
21.71 ERCs x $$3,552.62 = $77,127.00
IMn Kimley -Horn
and Associates, Inc.
■
1690 S. Congress Ave
Transmittal Suite 100 Delray Beach, FL 33445
TEL 561- 330 -2345
FAX 561 - 330 -2245
Date: March 15, 2012 Job Number: 144573000
Project Name: Sandy Pines
To: Mr. Russell White
Village of Tequesta Water
136 Bridge Rd
Tequesta FL 33469
561- 768 -0483
We are sending these by
® U.S. Mail ❑ FedEx
❑ Hand Delivery
❑ Other
We are sending you
9 Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints /Plans ❑ Samples ❑ Specifications
❑ Change Orders
❑ Other
Co ies Date Item No. Description
1 3/15/12 1 Water Service Agreement
These are transmitted as checked below:
® For your use ❑ Approved as submitted ❑ Resubmit ❑ Copies for approval
❑ As requested ❑ Approved as noted ❑ Submit ❑ Copies for distribution
❑ For review and comment ❑ Returned for corrections ❑ Return
❑ Corrected prints
Remarks:
Copy to: File Signed:
Jas Webber, P.E., Project Engineer