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Home My WebLink AboutProperty_Bill of Sale_02/20/1991 yu�„�?r4 ?i+?r'kA ��'1c..t�_ �, —�^� "T-�6 -. ii� i. r� t E i s i_ i'�t1: i� �� i i` d s;_. BILL OF SALE, ABSOLUTE RAMCO FORM 101 =�� r �� i �� now �ll� �en by �hese �resents, That Richard A. DeWitt of the of Village of Tequesta , in the County of Palm Beach and State of Florida of the first F�art, for and in consideration of the sum of Ten-------------------------------------------------- Dollars lawful money of the United States, to it paid by the Village of Tequesta of Tequesta, Florida of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents do es grant, bargain, sell, transfer and deli�✓er unto the said party of the second part, its executors, adrninistrators and assigns, the following goods and chattels: For the Noit Gedacht subdivision A11 water transmission mains and distribution facilities with related appurtenances thereto as per plans and specifications prepared by the �n?ineer of Record Zeimet, Wozniak & Associates, Inc., Joo No. yi1118-FL urider H.R.S. per�it T'�o. T�TNI 204-90 as duly recorded in PB No.67 pages 81-82 in the public record of Palm Beach Co.,FL This includes from water main of existing facilities of the Village of Tequesta to the extremities of this project. M N � O �' M �'1 i � � � -: '� I � = -� �' W �; U1 = O =� 11 J �-i W � � x 3 � � ,� � � � U � Q Q� � �o �aue and tn �lold the same unto the said part y of the second part, � � r� executors, administrators and assigns forever. � -� � ; I `` � '' AND he does for himself his i ,,� � j� , and heirs, executors I U o w II and administrators, covenant to and with the said part of the second part, its executors, ��+., �� administrators and assigns, that he is the lawful owner of the said goods and i ; chattels that they are free from all encumbrances that he O C n I has good right to sell the �� i same aforesaid, and that he will warrant and defend the sale of the said property, goods and ;, chattels hers made, unto the said part y cf the second part its executors, � �� adm�nistrators and assigns against the �awful claims and demands of a{! persons whomsoever. E� ! '' �n �/ e$$ �here�f I ha hereunto set m� hand anc � a II seal 20th �{ay of February, one thousand ni huncired and ninet one. ' � I; -� y - i �' i� �r-�''� �- __., � W Si ne al a d de ' re in � Q �; g , presence of us: �- � i� `..... ... _ � \� i �/�' � ! f/ F � �� r �'-�/ .. i . .... �>: __ EAL) � �' �� Richard A DeWitt Owner� � �� I' � _ _ . ....._ � _. . _, ..._... . ... . __ _.. __. _.__ (SE A! � I �� ` ��b' iQ� � � �, � O j l � w I C�j�upttg �$ Ma r t i n � a ,; a I � '�� I .� �P�'P�� (IIF�Z�� hat on this day �ersona�ly appearec7 �efore re, an o€$icer duly aufhorized to administer oaths and take acknowledgements, RICHARD A. DeWitt � ,o �e wel� ".:�,owr, io �� rhe �erson �escribed ;;� ar�d who �xec;��ed ��ne foregoing $il� of Sale, and I� a�k�awle��ac� �e�or� :7e that e:ecs�tcd =°,e same #� ee9y and vciuntaril� for #�e purpose �here;n a:,�resse�. � �� t$ItP,�,S my har�d a�,r� �a�'scia� seal a�: I�I C��;,#y oi fNlc�c�-�n and Stafie �r �loc'�dla -? • '� � , :;�i5 p( p ;1�v ,�,; F�-rJfJ �� . d�. 39 q t ' � i _.... 7.`t4.�q.�........... _......._ _.... . ....._.. � . �'Y1 !�- . . . . . .. .. . . �-Q.�... � _ .. .._ ___ _ � Ivly commission expires: Notar Public State of RcCOi=,^ V'=F;Ir1EU i I �. ... i ,. ..... ;� "h+�.IVI l .-.i�,i�:i C.�.+J�JTY, � �A � JG;��J a. CU�friLE � �I CLERi( CI�CUIT CUURT RAMCO FORM f01 - / ABSOLUTE �C011i � �0 Dated , 19 a '' \ .' P.E�OkD AND RETUP.N L0: _,: _ _ � . , � , , _ _ _. . . ',JOHT'� C. Pu�NDO?PH, F ,. --- -- -... :__�_.:: _ _ _ _ , _ . , • , 'Jones, Foster, John��on & Stub�s P.A. = zn� � _-_:� ,�_ ,� _ N . • Post Office Drawer "E" NOIT� GEDACHT � � West Palm Eeach, FL 33402-3475 PAME OF PROJECT DEVELOPER AGREEMENT __ THIS AGREEMENT made and entered into this • by and between, day of hereinafter referred to as "Developer" ' Department, hereinafter referred to as Utility, and Tequesta Water WHEREAS, Developer owns or controls lands located in the Utility service area, and described in Exhibit "A", attached hereto and made a part hereof as if fully set out in this paragraph and hereinafter referred to as the "Property" an�d Developer intends to develop the Property by erecting thereon, individually-metered residential units, commercial units, or a combination of these; and ' WHEREAS, Developer desires that the TJtility provide wa'ar service for Developer's Property herein descril�ed; and WHEREAS, the Utility is willing to provide, in accordance wit:; the provisions of this Agreement and Tequesta Water Department Service Policies, water service to the Property and thereafter �perate applicable facilities so that the occupants of the improvements on the Property will receive an adequate water supply. NOW, THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, Developer and Utility hereby covenant and agree as follows: 1• The foregoing statements are true and correct. 2 . The following definitions and references are given for the purpose of interpreting the terms as used in this Agree�ren� Q11a 2 PFl�i unless the context indicates a different meaning: �A) "CONSUMER INSTALLATION" ordinarily on the consumer s sideAof theacilities delivery. � point of (B) "DEVELOPMENT PHASE" - A subdivision or construction phase of the construction of utility facilities on the property. . �C) "EQUIVALENT RESIDENTIAL COIVNECTION ERC " -A factor used to convert a giv�n average daily flow (ADF) to the equivalent number of residential connections. For this purpose the average daily flow of one equivalent residential connection (ERC) is 350 gallons per day �;gpd), The number of . ERC'S contained in a given ADF is determined by dividing that ADF by 350 gpd. �D) "POINT OF DELIVERY" - lines or meter(s) of the Utilityhare connected with the water lines of the consumer. Unless otherwise indicated, the point of delivery shaZ.l be the customer's side or discharge side of �he water meter(s) that will be �ntilized for delivery of water service. The Utility shall, according to the terms and �r�r+ � !1.-1•_. } �OrGy�' `_. � + ±o fhQ � T`+' o �� ". i._ � _ .:.... Cr.i :�r 1E� :3i.�.CJ upcn. The del��: ` r� "..""� ::";er.:ise agreed pipes a^-? aNr'-= �-°� �� s c�,:tside the point of delivery shall belong to others. (E) "PROPERTY" - The area or parcel af land described in Exhibit "A" by legal descripti�n. Page 1 JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR P. O. DRAWER E R BRUCE JONES ARRY B ALEXANDER MICHAEL T KRAN2 �� =oace r+ ani�ev B�aia a urne�oNn �n WEST PALM BEACH, FLORIDA 33402-3475 _VIN C BEUTTENMULLER JOHN M LeROUX HENRV F LILIENTHAL ' AICHAEL D BROWN JOHN BLAIR McCRACKEN (40� 6593000 �902 �982 RUTH P CLEMENTS PAMELA A McYIEFNEV FAX: 4O7 SCOTT M COLTON TIMOTHVE MONAGHA� ( ) 832-1454 JOVCE A CONWAY GUY RABIDEAU HARRV ALLISON JOHNSTON MARGARETL COOPER JOHN C RANDOLPH 1B9S1983 BYRON R CORNWELL PAULA REVENE REBECCA G DOANE ANDREW ROSS RETIRED RANDY D ELLISON S7EVEN J ROTHMAN L MARTIN FLANAGAN PETER A SACHS WILLIAM A FOSTER scorr n c�nziea �oe� r sranwh WRITER'S DIRECT LINE: IORIE HANDELSMAN SIDNEV A S?UBBS,JR SCOTT G HAWKINS ALLEN R TOMLINSOti OTHER LOCATION THORNTON M HENRY JOHN 5 TRIMPER PETER S HOLTON MICHAEL P WALSH 54 N E FOURTH AVE HARRV A JOHNS70N. ii H ADAMS WEAVER J A JURGENS PAUL C WOLFe DELRAY BEACH,FLORIDA 33483 MARK B KLEINFELD MARC S WOOLF CHARI.ES B KOVAL � August 7, 1990 Mr. Thomas C. Hall Village of Tequesta Post Office Box 3273 357 Tequesta Drive Tequesta, FL 33469-0273 RE: Noit Gedacht Developer Agreement i Dear Tom: Please find enclosed the original recorded IDeveloper Agreement for the Noit Gedacht subdivision. This is for filing with the Village records. Very truly yours, JONES, �TER, JOHNSTON & STUBBS, P.A. ,/ `. � ', n C'. Randolph ;� � a�,_�. u� �, ,� - _ . _:_ .s.,, ::�1 � � F -� . �. . ;:.�._ _s , JCR:ds ' • �;'� , . Enclosure ; ,;:.:a�� cc: Thomas C. Bradford, Village Manager ��'`L � (with enclosure) �.�_ °`:��%,�� -�-_ .;. ;' . - __.._;;--/'' ,, otherwise provided for herein,1Developer�herebytcovenantscand unless agrees to construct and to transfer ownership and control to the Utility, the on-site �water distribution systems referred to in Exhibit "B" herein. � • Page 2 • a � , _ _ _ _. ' . - � _... _ � -� _ �:.. :. NOIT GEDACHT INAME OF PROJECT Developer shall cause to be prepared five (5) copies of the applications for permits and a sufficieni� number of sets of finalized engineering plans prepared and sealed by a professional engineer registered in the State of Florida (Utility will retain four (4) sets), along with a copy of the final estimate of quantities covering all contract items that are to be dedicated to the Utility. Plans shall show the on-site water distribution system proposed to be installed to provide service to consumers within the Property. Such plans will also show the interconnection of such on-site facilities to the off-site facilities of the Utility or off-site facilities that may be cc�nstructed by Developer or others and given to the Utility. Sucfi detailed plans may be' limited to the first development phase onl may be furnished from time to time. However, eachssuchqdevelopment phase shall conform to a master plan for the development of the Property and such master plan shall be submitted to the Utility concurrent with or prior to submission of engineering plans for the first development phase. Developer reserves the right to modify his master plan any time in such a manner as to not unduly interfere with the Utility's existing facilities and upon modification, shall submit four copies of the modified plan to the Utility. The cost 'of any modifications to the Utility's existing systems or to its Master Plan that are caused by Developer's modifications or changes shall be borne by Developer, Developer shall cause his engineer to submit specifications governing the material to be used and the method and manner of installations. Al1 such plans, specifications and shop drar�aings submitted to the Utility shall meet the minimum specificati�ns of the Utility and shall be sub�ect to the approval of the Utilit shall not be unreasonably withheld. The Utility reserveshtheProy�� to review the revised Master Plan and recalculate the connection charges that are to be paid by the Developer at the time the revised Master Plan is submitted. No const�-uction shall commence until the Utility and appropriate regulatory agencies have a such plans and specifications in writin PProved approved plans are returned b a g" When permits and Developer, Developer shall su bmit p to�the a Util.it ul one coagencies to permit(s) and approved plans. If construct�.onycommences priortto all such approvals and any other approvals rc�quired hereunder, the Utility shall have no responsibili acilities nor to perform routine t inspections pt of S SUCh lines or acilities, and the Utility may elect to terminate this Agreement and/or not provide service to Developer until such time as Developer obtains such required approvals and the Utility has witnessed all of its required inspections and tests. After the approval of plans, specifications and shop drawings by the Utility and appropriate regulatory agencies, Developer, or the engineer of record, shall conduct a preconstruction conference with engineer of record, utility contractor, appropriate building official(s), all other utilit development of the Pro ert y companie;s involved in the P y, and Tequesta Water Department. Developer shall provide to the Utility's inspector a minimum of forty-eight (48) hours notice, excluding weekends and holidays, prior to commencement of construction. Developer shall cause to be constructed, at Developer's own cost and expense, the water distribution system as shown on the approved plans and ��i�i�ations. ..�� Page 3 NOIT GEDACHT 21AME OF PROJECT During the construction of the water distribution system by Developer, the Utility shall have the rjLght to inspect such installations to determine compliance with the approved plans and specifications. The engineer of record shall also inspect construction to assure compliance with the approved plans and speci�'ications. The Utility engineer of record and utility contractor shall be present for all standard tests for pressure, exfiltration, line and grade, infiltration and all other customary engineering tests to determine that the systems have been installed in accordance with the approved plans and specifications, good engineering practices, and American Water Works Association criteria as well as other federal, statc� 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 a agencies. A copy of the bacteriological Pesults h showing locations of all sample points shall be included. The engineer of record shall also submit to the Utility ammonia mylars of the as-built plans prepared and certified by the engineer of record, and ammonia mylars of the recorded plat, including the dedication sheet(s). By these presents, Developer hereby covenants to transfer to the Utility title to all water distributio�n systems installed by Developer or Developer's contractor shown in Exhibit "B" of this Agreement dealing with those potable water supply facilities that will be transferred from Developer to the Utili provisions of this Agreement. Such conveyance shallptakeaeffecttat the time the Utility issues its final leti:er of acceptance. As further evidence of said transfer of title, upon the completion of the ,installation, but prior to the issuance of the final lett�r oi acceptance and the rendering of service by the Utility, Develo er shall: P (A) Convey to the Utility, by notarized bill of sale in form satisfactory to Utility's counsel, the water distribution system listed in Exhi�it "B" as constructed by Developer and approved by the 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. (�) Furnish proof satisfactory to the Utility that the installation of the facilities and all contractors, subcontractors, materialmen, laborers and engineers have been paid in full (ie: by release of lien or other appropriate means). (D) Warrant and/or guaranty all utility facilities being dedicated to the Utility against faulty workmanship and defective materials for a period of one 1 the date of the Utility's final letter of acceptancem Also, Developer shall assign any and all warranties and/or maintenance bonds and the r�_ghts to enforce same t O t h a T?-? 1;�-.. ..-�, ;,.., y ., r , ` i }' y � contractor COP.St'LL'Cfit }� ..'•� CL,2 C•J ay :�. i�i.:1 ci7y shall remain cA r�r��_ t,`e� �•;ater sss�e�. De;;eloper �� - � ble on such ::��r�::ties, If Developer does not obtain such written warranty and/or maintenance bond from its contractor• and deliver same to the Utility, which warranty and/or ma.intenance bond Page 4 i NOIT GEDACHT NAME OF PROJECT shall be for a minimum period of one year, then in such event, Developer, by the terms of this Agreement, covenants to indemnify and save harmless the Utility for any loss, damages, costs, claims, suits, debts or demands by reason of defects in the systems for a period of one year from the 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 r,�hich water systems are installed, or otherwise required, in recordable form satisfactory to the Utility's cc�unsel. If applicable, the Utility may require �oinde:r 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 wai�er distribution system installed by Developer shall constitute the assumption of responsibility by the Utilit:y for the continuous operation and maintenance of such systems from that date forward, sub�ect to the terms and conditions contained herein. Whenever the development af the sub,ject property involves one consumer or a unity of�title of several consumers, and/c�r in the opinion of the Utility ownership by the Utility of the internal water distribution system is not necess:ary or proper, then at the option of the Utility, Developer shall retain ownership and the obligation for m�aintenance 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. - In the event that the Utility, for whatever reason, does not take possession, ownership and control of on-site facilities constructed by the developer, and provides master metered service to the developer for the use of several customers within the on-site facilities, the developer shall be required to: (A) Maintain water quality at each individual � outlet which is in compliance with all primary and secondary standards promulgated by the Florida Department of Environmental Regulation, 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 to the master meter. Page 5 ,.-,- I ' . � . : �_� ^'�l2;3 f1 � .^�8�' . T GEDACHT NAME OF PROJECT (B) Institute a program of line flushing in order to help in the reduction of sedimentary deposits in the developer's� on-site lines, and reduce the� possibility that water quality standards will fall belc�w those required by sub- section "A" above. Such line flushing shall be conducted in accordance with reasonable engineering standards as necessary to m,eet the ob,jectives as outlined herein. Such flushing shall occur at a minimum of not less than Developer shall provide the Utility a minimum of 48 hours notice of the time and place of such flushing. The Utility shall send its representative to observe such flushings and record the amount of water used for that purpose as indicated Developer shall be solely and directly responsibletfor the cost of all water used in the flushing of his orr- site facilities, such billing and collection to be conducted in accordance with �he provisions of the Utility's approved ordinances and,ior policies. (C) Developer shall be responsible for maintaining all on- site water facilities in accordance with reasonably prudent engineering standards. The Utility shall have the right to inspect the facilities of the developer during reasonable business hours upon 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 the reason for such violation� whichPlanation of Developer shall have twenty (20) days ar auch other time as is reasonably neceasary to correct the deficiency. Upon failure to do so, Utility shall have the power and �ight to discontinue service in accordance with the provisions of its approved ordi:�ances and/or po3ici�s for non-payment of bills. 8• OFF-SZTE INSTALLATION construct, at his sole expense, cerDainloffrsiteywaterrfacilities in order to connect Developer's on-site facilities to the Utilit 's existing water system. In addition, Developer may be requiredyto dedicate all or a portion of said off-site water facilities to the Utility for ownership, maintenance and operat3on. All provisions in Section 7 above, entitled On-Site. �nstallations, pertaining to specifications, pprovals shall also be applicable to all of�-SipeaWaterpfacilities construction. � 9• EASEMENTS Developer hereb Utility, its successors and assigns, but9sub�ectato theetermstoe this Agreement, the exclusive right or privilege to construct, ownf maintain or operate the water facilities to serve the Property; and the exclusive right or privilege to cor,�struct, own, maintain, alter, replace and operate said facilities; in, under, upon, over and across the present and future str�eets, roads, alleys, easements, reserved utility strips and utility sites, and any public place as provided and dedicated to plats, or as provided for in agreements, dedicationseorngrantsemade otherwise, and is independent of said record plats. Develo e shall obtain any and all necessary off-site easements that may required in order �to carry out the terms, conditions and intent hereof, at Developer s expense, and shall convey same to the Page 6 � i NOIT GEDACHT NAME OF PROJECT Utility in accordance with this paragraph. Mortgagees, if any, holding prior liens on the Property shall be required to release such liens, subordinate their position or ,join in the grant or dedication of the easements or rights-of-way, or give to the Utility assurance by way of a"non agreement", that in the event of foreclosure, mortgagee would cc>ntinue to recognize the easement rights of the Utility, as long as the Utility complies with the terms of this Agreement. A,11 water distribution facilities, save and except consumer ir�stallations, shall be covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes. � Developer hereby further agrees that the foregoing grants or promises of grants include the necessary right of ingress and egress to any part of the Property upon which the Utility is constructing or operating such facilities: that the foregoing grants shall be for such period of time as the Utility or its successors or assigns require such rights, privileges or easements in the construction, ownership, maintenance, operation or expansion of the 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 easement 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 mot be required to move or relocate any facilities lying outside a d�dicated easement area, so long as the facilities do not inter.fere with the then or proposed use of the�- area in which the facilities have been installed, and so long as the Utility obtains a private easement for such facility location, which Developer will give if same is within his reasonable power to do so. The use of easements granted by Developer other Utility shall preclude the use by other utilities of these easements, such as i:or cable television, � telephone, electric, or gas utilities, or as otherwise agreed to by the Utility. In the event Developer fails to �ictually deliver such aasement, this document shall serve as the Litility's authorization to substitute this Agreement as a recorded �asement sufficient for the Utility's needs. The Utility hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the water industry with respect to the installation and maintenance of all its facilities in any� of the easement areas. However, this provision shall not be construed so as to require the Utility to restore those improvements constructed, installed or planted within the utility easement which are not in accordance with the established and generally accepted practices of the water industry with respect to the use of utility easements. Page 7 - _ -a� � ,.� _ _. _ : _ _ NOIT GEDACHT NAME OF PROJECT 10. AGREEMENT TO SERVE - Upon the completion of construction of the on-site and off-site water facilities required. hereunder by Developer, its inspection, the issuance of the final letter of acceptance by the Utility, and when all appropriate governmental agency approvals have been received, the Utility covenants and agrees that it will connect or oversee the connection of the water distribution facilities installed by Developer to the central facilities of the Utilit;y in accordance with the terms and intent of this Agr�eement. Such connection shall at all times be in accordance with rules, regulations and orders of the applicable governmental authorities. The Utility agrer�s that once it provides water service to the Property and Developer or others have connected consumer installation to its system, tha� thereafter the Utility will cont�tnuously provide, at its cost and expense, but in accordance with the other provisions of this 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 �urisdiction over the operations af theuUtility, having 11. APPLICATION FOR SERVICE: Developer, o an COrfSUMER INSTALLATIONS - or an p Y owner of any parcel of the Property, Y occu ant 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 until formal written application has been made to the Utility by the prospective user of water service, in accordance with the then effective rules and regulations of the Utility and approval for s}.�c:� connection has been granted. Although the responsibility for connection of the consumer installation to the meter and/or lines of the Utility at the point of delivery is that of the Developer or entity other than the Utility, with reference to such connections, the parties agree as follows: (A) Approved backflow preventers must be installed prior to the Utility providir,�g meters and service. (B) Application for the installation of water meters shall be made seventy-two (72) hours in advance, not including Saturdays, Sundays and holidays. (C) All consumer installation connections must be inspected by the Utility before backfilling and covering of any pipes. (D) Notice to the Utility requesting an inspection of a consumer installation conn�ction may be given by the plumber or Developer, a�nd the�inspection will be made within twenty-f��ur (24) hours, not including Saturdays, Sun�3ays and holidays, provided the water meter �3nd backflow preventer have been previously installeci. Page 8 � NOIT GEDACHT NAME OF PROJECT If the Utility fails to inspect the consumer installation connection within forty-eight (48) hours after such inspection is requested by Developer or the owner of � owner may backfill or cover the pipes withoute1theeVUtiPity�s approval and the Utility must accept the connection as to any matter which could have been discovered by such inspection. �F� If the Developer does not com 1 foregoing inspection provisions, the may refuse service to a connection that has not been � inspected until Developer complies with these provisions. (G) The cost of constructin maintainin 9• ��Perating, repairing or g consumer installations shall be tha� of Developer or a party other than the Utility. 12• THE UTILITY'S EXCLUSIVE RIGHT TO UTILITY FACILITIES - Developer agrees with the Utilit accepted by the Utility i� connection with a11 water facilities to the Property (including fire service �?roviding water service in the sole, complete and exclusive ownership of the Utilitremits successors and assigns, and any person or entity ownin an y � the Property or any residence, 9 Y part of located thereon, shall not have anybriqhtngtitleunclaimnorrinteresr in and to such facilities or an t including the furnishin Y Part of them, for any purpose, entities located within or beyondathe limits the proeerPersons or 13. EXCLUSIVE RIGHT TO PROVIDE SERVICE p y• further and essential consideration of this ,AgreemeDtVeagPees thaa Developer, or the successors and assigns of Develo er t (the words "shall not" being used in a mandat�ry definition)aen not in the business or businesses of gage the Property durin the Providing potable water service to and assi ns g Period of time the Utility, its successors 9, provide' water service to the 1�roperty, it being the intention of the parties hereto that under the foregoing rovisi and also other provisions of this Agreement, i:he Utility shall hav the sole and exclusive right and to the Property and to the occupantsVOfesuch�=,esidencewabuildin ice unit constructed thereon. q or 14. RATES The Utility agrees that th�e rates to be char �o Developer and individual consumers of water S��i� 9ed zose set forth in the ordinances and or e shall be -awever, notwithstanding an � policies of the Utility. Utilit Y provision in this Agreement, the revisey� from timeeto�timeain thesfutur ma y establish, amend or schedules so established and enforced� and shallCatrallstimesabe reasonable and sub ect governmental a enc � tO regulations by the a to Develo er or y ' °r as may be provided by law. Ratespcharged P consumers located upon the �roperty shall at all times be identical to rates charged for the s�me classification of service, as are or may be in effect throughout the service area of the Utility. Notwithstanding any provision in this A reement Utility may establish, amend or revise, from time to in the future, and enforce rules and regulations covering water service to the Pro ert established b� However, all such rules and regulations so � �� y the Utility shall at all times be reasonable and ��C-- � uch regula±_c.^.c a� . �. . �i �° r_o.�_�ed �1- la:. c� c�n�ract. � Page 9 - � � .� .�--,. _ _ � --� � - . � � . _ _ _ _ �--= �` � i NOIT GEDACHT NAME OF PROJECT Any such initial or future �ncreased rates, rate schedu�les, and rules and regulations esiablished, amended or revised and enforced by the Utility frorn time to time in the future, as provided by law, shall be binding upon Developer; upon any person or other entity holding by, through or under Developer; and upon any user or consumer of the water service provided to the Property by the Utility. 15. BINDING EFFECT OF AGREEMENT - This Agreement shall be binding upon and shall inure to the ber.�efit of Developer, the Utility and their respective assigns and successors by merger, consolidation, conveyance or otherwise su��ject to the terms and conditions of this agreement as containe:d herein. Developer understands and agrees that capacity reserved hereunder cannot and shall not be assigned by Developer to Third Parties without the' written consent of the Utility, except in the case of a bona fide sale of Developer's property, or other valid transfer or assignment of property, including without limitation, the transfer or assignment of the property as a result of a�udicial proceeding such as mortgage foreclosure or sale, and assignment for the purposes of obtaining financing. In any such case, the Developer shall provide a Notice or evidence of such assignment, or partial assignment as the case may be, to the Utility and the Utility shall have the right to renegotiate the terms ��f this Agreement with assignee or the transferee. Such approval to sale, transfer, or assignment shall not be unreasonably withfield. Nothing herein shall preclude sales of individual units an�3 assignment of rights of water service pertaining thereto. � lb. NOTICE - Until further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, by mail or by telegram, and if to Developer, shall be mailed or delivered to DevHloper at: / L� �r � ��'SE Terrapin Place Jupiter, FL 33469 and if to the Utility, at: Tequesta Water Department 357 Tequesta Drive Tequesta, Fla. 33469 �. Attn: Water Syst�m Manager 17• LAWS OF FLORIDA - This Agreement shall be governed by the laws of the State of Florida and it shall be and become effective immediately upon execution by both sub�ect to any approval which must be obtained fromtgovernmental authority, if applicable. 18• COSTS AND ATTORNEY'S FEES - In the event the Utility or Developer are required to enforce this Agreement by Court proceedings or otherwise, by instituting suit or otherwise, then the prevailing party shall be entitled to r�ecover from the other party all costs incurred, including reasonable , attorney's fees. _ _ Page 10 " � ' ' f? j f � '� i�'t Y _ � ''9 �' ,.'h.y"'�. ' NOIT GEDACHT NAME OF PROJECT 19. FORCE MAJEURE - In the event that the performance of iis Agreement by the Utility to this Agreement is prevented or interrupted in consequence of any cause beyond the control of the Utility, including but not limited to Acts of God or of the public enemy, war, national emergency, allocation or of other governmental restrictions upon the use or availability of labor or materials, rationing, civil insurrection, riot, racial or civil rights disorder or demonstration, strike, embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualt� 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 off�Lcial or officer, the � enactment of any statute or ordinance or resolution or regulation or rule or ruling or order, order or decree or �udgment or restraining order or in�unction of any court, said party shall not be liable for such non-performance. 20. INDEMNIFICATION - Developer agrees i�o indemnify and hold �he Utility harmless from and against any and all liabilities, Laims, damages, costs and expenses (�ncluding reasonable attorney's fees) to which the Utility may become subject by reason of or arising out of Developer's breach or non performance of this Agreement. This indemnification provision sha.11 survive the actual connection to the Utility's water system. MISCELLANEOUS PROVISIONS 21. This Agreement supersedes all previaus agreements or representations, either verbal or written, heretofore in effect between Developer and the Utility, made with respect to the matters herein contained, and when duly executed, �`ully constitutes the agreement between Developer and the Util�ty. No additions, alterations or variations of the terms of th�s Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, Wariations or waivers are expressed in writing and duly signed by all signatures herein. 22. In the event that Developer does not move forward with development of the Property within twelve months from the date of � �is Agreement, this Agreement shall become null and void. 23. 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. 2�. Exhibits mentioned herein have been signed or initialled by the duly authorized officers, agents or attorneys of the parties hereto and are hereby incorporated herein by reference and made a part hereof as fully as if set forth herein. 25. The submission of this Developer Agreement for examination by Developer does not constitute an offer but becomes effective only upon exe�ution thereof by the Utility. 26. Notwithstanding the gallonage calculations that could be made hereunder relative to ERC's, by ancl execution hereof, Developer agrees that the intention of this Agreement is to reserve a Qiven P'lm�j°r Of 1:i1' += O Cc�2C� �Y :^" �!":c c� t c��cribed lIl p`..r s hibit ��A�� 3T7� I10±' _f02' P�,]T_'*�OSeS Of SI�Y O Cc�CllZc�iv :�. Page 11 ` • • � • _. _. _ _ -_- Nf1T'j' GFll�f HT NAME OF PROJECT 27. It is agreed by and between the parties hereto that all words, terms and conditions contained herein are to be read in concert, each with the other, and that a provision contained under one heading may be considered to be equally applicable under another in the interpretation of the Agreement. 28. The parties hereto recognize that prior to the time the Utility may actually commence upon a program to carry out the terms and conditions of this Agreement, the Utility may be required to obtain approval from various state and local governmental authorities having jurisdiction and regulatory power over the construction, maintenance, and operation of the Utility. The Utility agrees that it wi11 diligently and earnestly, at Developer's sole cost and expense, make the necessary and proper applications to all governmental authorities and will pursue the same to the end and that it will use its best efforts to obtain such approval. Developer, at his own cost and expense, agrees to provide necessary assistance to the Utility in obtaining the approvals provided for herein. 29. Regardless of where executed, this Agreement shall be construed according to the laws of the State of Florida. 30• In the event that relocation of existing water and sE�wer utilities are necessary for the Developer, Developer will reimburse the Utility in full for such relocations. 31. The Utility shall, at all reasonable times and hours, tlave the right of inspection of Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the Developer. 32. 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. 33. Each party hereby agrees to grant such further assurances and provide such additional documents as may be required, each by the ther, in order to carry out.the terms, conditions and comply with the press intention of this Agreement. 34. The Developer will be invoiced for reimbursable expenses by the Utility. These expenses will include but not be limited to: Utility Engineer expenses, secretary time, computer time, plan review and inspection fees. Page 12 , � ' t� �' � ---f � � _ a ---� � : .. . NOIT GEDACHT NAME OF PROJECT IN WITNESS WHEREOF, Developer and the 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 tllis Agreement. WITNESSES: THE UTILITY: Tequesta Water Department P.O. Box 3474 357 Tequesta Drive Tequesta, Fla. 33469 � �� , — � � BY �� ---� �� , ��'�'�='^-, Thomas G. Bradford, Vi].lage Manager � �. DEVE�iPE� � � _ _ .�..� - �—� ;�. c..;.�� ' ;, .' ; . ;--;, _� By fi ` . �--� ;� � � ,� JOINDER AND CONSENT OF PROPERTY OWNER (If �Jther than Developer): � � ; ��. ,� , , ,.. 3 �\ :; , , /' . ____�- i � i . ',�!'» -° � �' ~ ( Please pr3nt/t��n � & title ) f �.-, `_ �-, � /' �-/ __ �� yd r _—� . � _ ., „ , . � � f �� .��-s ��-_- . _ � � , �J �— � � � � .r-c�c � � MORTGAGEE JOINDER (if applicable ) By (Please print/type name & title) By (Please print/type name & title) Page 13 NOIT GEDACHT NAME OF PROJECT FOR UTILITY: STATE OF FLORIDA � . ss COUNTY OF PALM BEACH ) The foregoing ins rument was ack�nowledged before me this �� day of Bradford, Village Mana on 4 ehalf of the U�tili� by Thomas G. � ��l � / � % My Commission Expires : Notary up b � "'�' ��_,�6_q� State of ?.�a, dt �a.r_g:� mY' Com�?�ission 'c`xp;rEs FOR DEVELOPER �ctober 20, 1990 _ � ��'"+'�°�' �`?:;.� Ge�2�a) iP.�;;t"' .. , ^ .1: � `. `J ,,,:,:! 'L'��'�il�Yi� � � t U C STATE OF FLORIDA � • ss �:: � � n, � COUNTY OF PALM BEACH '`°°°"��'.: _r-�•�,� The foregoing instrument was acknowledged bef,ore me this �. day of - ----- -'�� ; :_.�:'__ ;. �� : of ;_ - bYC�r; � `�!'i."� : � /� �'-; .: :_ ---- � ------' 1 C •``. � of the corporation. � a _corppration, on �ehalf �� , -- � , �.— �__ � �/�� MY Commission Expires: �--_'' � °c.�� tary p i� r,'�tate of Fla, a� i_ar FOR MORTGAGEE JOINDER: ST_ATE OF FLORIDA � ss COUNTY OF PALM BEACH , The foregoing instrument was acknowledged before me this O __ day of 19 ' • � bY of the corporation. � a corporation, on behalf My Commission Expires: Notary public State of Florida at Large '�� OR PROPERTY OWNER STATE OF FLORIDA � • COUNTY OF FLORIDA ' ss ) .�- r' The foreygoing instrument was acknowledged be,fore me this day of . . ;; .� _ . of ._,._ :-.�� lg -;,�, � b��; ;,_ ., , : __--- - , a ---.__ ___....__ ..._ . ; : < <��`y� %; , ;,`� of the corporation. �� o e ,�'�� ,-��, , � / ' - ' 1� ^ -"�� . !' �� (/�/' � i �'--'"."� � .. y��` � 7�..�' ' t I"1y Commission Expires '��ary Pubfic, State of �lorida �Ot3Z'�► P11b � ;�y, Cetnmission Expires Nov. 8, 199 1 � -�'State of Fla. at Lar�e . ; - Page 14 ~ I NOIT GEDACHT . r1AME OF PROJECT PROPERTY DESCRIPTZON i�niic::L 1: . ? . A L'I�1tCi;L O1 i�r�n 1N S�C'1'IUN 36, TOWNSIIIP 40 SOUT[!, 1�ANCC 42 1::�1.;'1'� l'11LI�1 DLAC![ COUNTY, !'LURiDA, Bh.LNG MORE PAI2TICULARLY L'L ;C1tIL3Ll� AS �'ULLOW:;: i COh1�•1LNCING 11T Tl1L PlOt2TIlH/L:�`g' �O��[�f,i� Ok' SGC'1'ION 36, �11�ORC511ID; ` 'i'll.,ilCl� ;;UU'P!1 0 25' 1�" tJl, :'l° P�LONC 7:'!iL WLS`�° L:INL Od' S111p �1:C`:'IOPI 36 ('I'kIC iyL;�'1° L,TNL �1� �l�i� ;LC'!'i��N 36 I;� 11SS[1h1EU 'I'� e;i:!'�le° :�UI17'II 0 25 � 12 L1f�;:;'I° 11I�ID Al,de O`1'IIL:R !31_;]�IZI1dGS 11fl2L 12L:LA'1'IVC `I'I1L•'lt�`1'Uj. /; pl:;�'�NC1� O1�' 11.65 1�'CI;'1' `�'C) Tl(� L'OIN'i' O1�' I3GGI.f1NiNG �)L•' 'l'Iil; IlliltL•'1N DL;;CItI(3L:D 1'AdtCE:L,p "I'lllslVC� i�pN'I'INUL 5UUTI1 0 25' �2" 6dL•;ST !►LUNG :;111p �;LCTIUtJ L,INL A 8�15'I'ANCL: Ul� 185.0 1�'EE;`i' 'CC) �1 1'OiNT: TIlENCL .�°,OIITI! 8� 39' 9f3" G11ST, llE:Y�1R`i'ING 1�'ROM �111t� SLCTIUN L.[NL A l�1STANCL O1� 250.0 1�LC`1' '1'U A POLN'C; °ruLr�c� N�1tTt1 30' 46' 24 is11S'P, �1 D tS'1'AI�Cf� Oti' 2] 4. 39 F'L•'L'1' TO A 1�UlMr; 'riiL[vcL r�oi� 89° 39 � 48�� w�s�r, A DI5T �NC� o�y 358. 34 1•'L•:L•': TO 'CIlL 1�OIN7' U1' I3E(.GTNNTNG. � COtJ:'AIN1fJC; 1.29 AC12L•'S MO1tL: 012 LESS. . . 1'111:CLL 2: 11 �'P�I2CLL U1' L11ND IN SL;CTIUN 36, '1'OWN[iSI�' 40 50U`i'!I, RANGE Q2 �;��7', 1�I1Lhi 13L!'�CII CUUN'1'Y, 1'LU�l1UA, I3E1NG MURC pAR'1'ICULAItLY D1•::;C1:I [31sD F�:�; 1'UGLU��IS : CUt•1ML;NCINC� !�T TIIL NUftTfIWEST CURNLR pC S�C'I'ION 36, AI�ORESAIU, TIIliNC�' S(�(;7'll 0 ?.5' ] 2" WLST, AL,UNG `i'1![, WLS7' LINE OI' S11Ib SLCTION 36 ('('IIL•. WES'i' LINE OP SAlU fiL•'CTiUN 36 LS ASSUPIL•'U '1'O 11Lnit �;tJC'1'li 0 25' 12" WL;S`r AND nLL O'('llEit BEARINc;s ARE i2ELATIVE 'l'IIL•'ItL•'TU), A ULSTA(�CE; UE' 196.65 L�Ef,'1' '1'U 'l'IIC: PO[N'1' UF BEGINNING Ul•' 'l'l1L: IiL•:1tL:IN UL•'SCltIf3L;U 1�1112CL•'L: TIfENC'E CUN'I'iNUC,' :;OU'1'I1 0 12" ��L'.�'!' A1,Ut1�; S111D WG�,1' S1,C'l'lON LiNL•;, !'LC`I' 'CU A POIN7' LYINC 1N `l'lll; CIsN`1'�Ii C)�" � � 1 `�TnNCL•' O1' 260.0 TIILNCEi I,E,;;'1'1,ttLY MLANUL•.k1NC� `d'[1L•' CL;N`['G12I.,IN�E`p,rCIt�ID CONC1tE'1'D� 13UI.;;lILAU, !1 pISTANCL UF° 133.3 �'[,C`1°, t•901tL UK I,i�;SS TO 11 E�UIN'1°: TUI,tJ�L•' NUIt'l'll 30° 96'29'° 1.1�;'I'. A DISTAI�CF' OI' 247. L�OlIIT 7��i�r�cL No�z�rii a9 34 `48�0 92 r�z�r �ro r� w�;s�r, x� u j s�r�NC �, o�° z s o, o r��L�i� `I'U '1'lIG I�UiN'1' U1' 13Cc;1 NNiN(,, CUN';'A I N 1 I�1G 0. 9 9 e�1C1Z�S N10k� UI� L,I,SS . SU(3,1[;(.'1� TU ql,i, �;AS�:MLNT:�, BtLSL'ItVT�'l'lUNS. l�;LS'I'R1C'I'iONS, AND 12IGI I'l':� U1•' Wq i. WITNESSES: DEVE � ( ___- o �--�. r � " � � �� , , � f � EXIiIBIT ",�'� Pa9e 15 Noit Gedacht P1AI�E OF PROJECT CONNECTION CHARGES The Develo�er agrees to pay, in order t�o induce the Utility to provide service, the followina connection charges for the share of �acilities. Said charges to be paid by Developer are those which are set farth in the Utility's ordinances and uniform service policies. ITEM 1 PAY:�IENT SC�i i^7ater: The foliowing formula was used to �etermine Developer's share of Water Facility Charaes. TOTAL ERC' CHAFGE TOTAL PER ERC CHARG � 5 51,5�Q.00 -- $11,25p.pp EF,C CALCULATION Calcu�ation is based upon ccmputations relative to lot size and projected water usage requirements. Each lot will require a one inch �l") me�er. One inch meters equate to 2.5 ER�'s. 2.5 times 3= 7_5 EPC's. �Y�t�'� Plun r2V12L7 and ins�ection charge ��35. p0 ��' �� r� ��C�iU/5!� ��i� ��'' , .''." — C�7� /�i�'�R'L.. .� ;� `-" �'��"— � ��'?'� c t��'L�¢"� �� "i�'��'� r'�e �� L ��G �!" �-A� � , EXHIBIT "B" .:.�- ' ; Page 16 . .. � _ " .. _. . _ ._ _�'°'_. s'.. NOIT GEDACHT NAME OF PROJECT EXHIBIT "B" (CONTINUED) ITEM II WATER SYSTEM CONTRIBUTIONS The Developer shall install the fol].owing pipe, mains and appurtenances thereto and dedicate same t:o the Utility. Said installations are to be in accordance with the approved plans drawn by being Drawing No. ,Sheets thru dated ' �� . UTILITY COMPANY; DE � R L �---. BY / `�� .--� i� � � , �' 1 Thomas G. Bradford, Vill e Manager By ,.'� � � � WITNESSES: WITNESSES: . � � • � �`�` ____ - , _ _._.. /.-_.,,'��. -� l ��'[�/i vl/ �, f_ �� ` \��``�`---°_. R•' - ,. , _�, .' ." -.. . , ,. . _ .., . '.......__..�� . C ,- ._,' , � � � � �� ... .,. _. ., .. ^ � , �., EXHIBIT "B" Page 17 . * . . . � i �_I�0 T ('FnACHT Y�1�1ME OF PROJECT LOCATION MAp VC3�1 Yi�YY 1 LR�HC� •-a . LY1NG It4 SfCFKlNS 2S aHD 36 TOWPfSHtp 4fl S4VTH RAHGE 42 E/4ST YIL�dGE OF TEOUESTJI, P1�LM BEACH GOl1hRY. FL4AtIQA 8E1MG +4 Ft£P1.aT OF A PORT70W 0� TH� P�dT JUPITER 11t14NQ42S, 5ECS1i:lY aME AS RECORD�D IN P1..4T BOOK Y2, Pa� 38 OF �FfE ��- �� O� �1UiA 9EACt9 GOUNTY,l10ft10A 4CTODF]1 Il84 9NEET 2 ef 1 _. Nartl� � � � �6 '�iov . M � � •� <�i ��i�w' .r=�y � 1 � � �� C� � �. �y »s � �..� . � . � . � ��.� � ._ yir. � «:� �. � ' � 1 t�: Pa t J _ J � -u R e .��..��¢a .a� � _ ' "'_ L _ ' .. . . / . � . 1 .. _ _ . . . �' " � �s J �s ��..... , ,-.. . .... ..... ......<-.�...r. -�,.:.... a . �,. /l / �. / � � - - . . _ . _ _ i " : 'r,;, .1-�� - , / �� + .z. .' � y_'-"- a { q '� A 1'� � F � I �� { � f �'� f-tL/ Z:�'"J � '' • f � o � �.. ,� ,.i � . � , .� _ � : - . - ��..� : � � F .,.,,t� �� -` e,,, � I r =:.,. ; ' ~ �Fr „ � � q '� t ` _ • EI 1 s � 1 si � � � � � � ' � � 3- � e -^;:, �- _ � } � _ I � ' �i�..�......: �j, #' I . I � � r i�, I it � � 4� � --� O : I ' �D ' P �''' . ` � _ ` I : R ,`'``_ � `.ti � ; �� ,:, `` _ � ; . G e i � �� • ��s� �� '' .�'"_'_�"i r � - '. - .... r e.; „' � w,�� s .. _ _�..,�� -� � I � � ' �: •c� , ' �,� � 1 r '''�� . � _ �.�-�. • ; ... � : ¢ rr � � , • � - •...,.. �� i �� ` ti'.� �; � � �� . � �..�.».. ' `' � !1 � � ' . . ,,,�„ � ^`�' � � ��i �! 1 +• ' . ' �..�� a Rk. i . �'t� t � � �� t � o• �, r�l {{�, j • , �1 � � �� o ~ . y . � 1� ei � ti • - � ;f ' . ,� . i _ . •.,_ ( Q r �� /I M � �: � •A �r �� ff� r �'w�.+� � K �!Y.7� ��' . r o ' WITNESSES: __ _ _ _ _ _ , ---__ EV L . _ �-- �.. ., ., .. .. .-� � -- - ., ._ �';� �Y . . — \ . __ _ . - , � , , M �_,� � . � .< --- � EXHIBIT "C" h�CU't�J 1�'��i Page 1$ ?ALM BEACH COUDJiY, Flh• .;oHr� 6. �u�� CLrRtC Clr�.+_�'� �- i;QURT