HomeMy WebLinkAboutProperty_Bill of Sale_02/20/1991 (2) �� �"� ;t ° � i 1 � c4 � � � `�����s.'�'_
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BILL OF SALE. ABSOLUTE RAMCO FORM 107 3 --�
_' 7 r ����s, i"{' �' �i s� � a� a�'..�
�no�u �ll� �len 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 part, for and in consideration of the sum of
iTen-------------------------------------------------- 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 deliver unto the said party of the second
part, its executors, administrators and assigns, the following
goods and chattels:
For the Noit Gedacht subdivision
All water transmission mains and distribution facilities with
related appurtenances thereto as per plans and specifications
prepared by the ���ineer of Becord Zeimet, Wozniak & Associates,
1nc ., Job No . y� 118-r L urider H. R. S. per�it T�o . T�TM 204-90 as duly
recorded in PB No.67 pages 81-82 in the public record of Pa1m Beach Co.,FL
This includes from water main of existing facilities of the
Village of Tequesta to the extremities of this project.
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� Q� I� �lo �aVe and t� ��« the same unto fhe said part y of the second part,
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� U a� executors, administrators and assigns forever.
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'a � '� AND he does , for himself � his
� heirs, executors
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U O w I� and administrators, covenant to and with the said part o{ the second part, its executors,
��� �� administrators and assigns, that he is the lawful owner of the said goods and
O C � II chattels; that they are free from all encumbrances that he has good right to sell the
h� i sarrte aforesaid, and that he will warrant and defend the sale of the said property, goods and
„ chattels her�by ;rade, unte the said part y of the secortd part its executors,
0 adrriinistrators anu� assigns against the ?awfu! cBaims and demands of a1! persons whomsoever.
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� �� �� e�� �here��� I ha hereur�to set my �and a�d
� seal 2Oth �j o t February, one thousand niry�'hundred and ninety—one.
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� I 5igne , al a d u�e ' r�ce in presence oi� us: ' ,�- � R i
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-� i _ . � � �.,,��...._ �- _ � �. __..... Richard A DeWitt, Owner (SEAi )
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�I ,� ��?'s�J �i P��s�� #!�at on this �a� �ersor,a�ly appeared before me, an officer �;s'� aufhorized to
I . administer oaths and take acknow!edgements,
�� RICHARD A. DeWitt
,� ;o me well ',:r�owr. `o �e !he �erscr �esc�ibed �n and who executed the foregoing Bi11 or Ja;e, 2r,�
" ac!;�ewledgee '�e;ore -�e t�,af ..xecut�d '.',e same freely and vcluntarily for the purpese therz;s a;pressed.
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JO;�ri`d E3. CU�f��:LE
� CLERi�C CIRCUIT CUURT
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'Jones , Foster , John� �on & Stubl�s P .A. _°:��. ' �=:�'�` � r� � i ��
Post Office Drawer "E" NOIT GEDACHT
West Palm Beach, FL 33402-3475
� NAME OF PROJECT
DE�TELOPER AGREEMENT
_ THIS AGREEMENT made and entered into �his day of
,19 ,by and between, ,
hereinafter referred to as "Developer", and Tequesta Water
Department, hereinafter referred to as Utility.
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" and 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 Utility provide wa��r
serv3ce for Developer's Property herein described; arxd
WHEREAS, the Utility is willing to provide, in accordance wi�.��>
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 cons3deration of the premises, the
mutual undertakings and agreements herein contained and assumed,
Developer and Utility hereby covenant arid 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 use3 in this Agras«��m,� a��d
apFly u:.less �ne context indicates a different meaning:
(A) "CONSUMER INSTALLATZON" - All facilities
ordinarily on the consumer's side of the point of
delivery.
(B) "DEVELOPMENT PHASE" - A subdivision or
construction phase of the construction of utility
facilities on the property.
(C) "EQUIVALENT RESIDENTIAL CONNECTION (ERC)" - A
factor used to convert a given average daily flow
(ADF) to the equivalent number of residential
connections. For this purpose the average daily
flow of one equivalent residential connection
(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" - The point where the water
lines or meter(s) of the Utility are connected
with the water lines of the consumer. Unless
otherwise indicated, the point of delivery sha�.l
be the customer'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
rr�t'��i ±'ir1^ : C }:C'r0^F �.... i�...� � .:j ._..."�r Gt.t:i.lriEi�ai�l.CJ
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±C tho ��i r± Of C��i� . �'"" �.._.'_�:�� �: �:i2� i:1S0 agreed
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u�cn. The pipes a^�? arY'_� �e��_.��s c�.:�side the
point of delivery shall belang to others.
(E) " PROPERTY " - The area or parcel af land described
in Exhibit "A" by legal description.
Page 1
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� ' NOIT GEDACHT
NAME OF PROJECT
(F) "SERVICE" - The readiness and ability on the part
of the Utility to furnish and maintain water
service to the point of deliver.y for each lot or
tract pursuant to applicable rules and regulations
of applicable regulatory agencies.
3. Assurance of Title - At the time of execution of this
Agreement the Developer agrees to deliver to the Utility a copy of
Title Insurance Policy or an opinion of title from a qualified
attorney-at-law, with respect to the Property, which opinion shall
include a 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. �
4. Connection Charges - 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 to the utility, connection charges as defined in
exhibit "B".
Payment of the connection charges does not and will not result
in the 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. The Utility shall
not be obligated to refund to Developer any portion of the value of
the - connection charges for any reason whatsoever, nor shall the
Utility pay any interest or rate of interest upan the connection
charges paid.
Neither Developer nor any person or other entity holding any
of the Property by, through or under DeYe3oper, or otherwise, shall
havp any p�esent or future right, title, claim or interest in and
to the connectian charges 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 ciaims for breach of contract,
damages, or charges of the like of the Utility. �
5. Payment - Developer shall pay, in full, connection
►arges at the time of execution hereof.
6. Equivalent Resi dential Connections Reserved - The
parties agree that the capacity needed to provide service to the
Property is 7.5 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 gursuant to
Exhibit "B".
?. On-Site installation - To induce the utility to provide
the 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.
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NOIT GEDACHT
NAME OF PROJECT
Developer shall cause to be prepared five (5) copies of the
applications for permits and a sufficient number of sets of
finalized engineering plans prepared and sealed by a professional
engineer registered in the State of Florida (Utility will retain
four (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 constructed by Developer
or others and given to the Utility. Such detailed plans may be�
limited to the first development phase only, and subsequent phases
may be furnished from time to time. However, each such development
phase shall conform to a master plan for the development of the
Property and such master plan shall be submitted to the Utility
concurrent with or prior to submission of engineering plans for the
first development phase. Develaper 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 upan
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 he borne by Developer. Developer
shall cause his engineer to submit specifications governing the
material to be used and the method and manner of installations.
All such plans, specifications and shop drawings submitted to the
Utility shall meet the minimum specifications of the Utility and
shall be sub�ect to the approval of the Utility, which approval
shall not be unreasonably withheld. The Utility reserves the ri���
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 construction shall commence
until the Utility and appropr3ate 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 copy of water
permit(s) and approved plans. If construction commences prior to
all such approvals and any other approvals required hereunder, the
Utility shall have no responsibility to accept such lines or
acilities nor to perform routine inspections of 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 tasts.
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 utility companies involved in the
development of the Property, 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 cons�truction. Developer shall cause to be
constructed, at Developer's own cost and expense, the water
distribution system as shown on the appraved plans and
s�����i�ations.
.. Page 3
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' NOIT GEDACH
NAME OF PR03ECT
During the construction of the water distribution system by
Developer, the Utility shall have the right to inspect such
installations to determine compliance with the approved plans and
specifications. The engineer of record shall also inspect
construc�ion to assure compliance with the approved plans and
specifications. The Utility engineer of record and utility
contractor shall be present for all standard tests for pressure,
exfiltration, line and grade, infiltration and all other customary
engineering tests to determine that the systems have been installed
in accordance with the approved plans and specifications, good
engineering practices, and American Water Works Association
criteria as well as other federal, state and local regulations
which are applicable.
Upon completion of construction, Developer's engineer of"
record shall submit to the Utility a signed copy of the
certification 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
record, and ammonia mylars of the recorded plat, including the
dedication sheet(s).
By these presents, Developer hereby covenants to transfer to
the Utility title to all water distribution systems installed by
Developer or Developer's contractor shown in Exhibit "e" of this
Agreement dealing with those potable water supply facilities that
will be transferred from Developer to the Utility, pursuant to the
provisions of this Agreement. Such conveyance shall take effect at
the time the Utility issues its final letter of acceptance. As
further evidence of said transfer of title, upon the completion of
the .installation, but prior to the issuance of the final lettgr oi
acceptance and the rendering of service by the Utility, Developer
shall:
(A) Convey to the Utility, by notarized bill of sale in form
satisfactory to Utility's counsel, the water
distribution system listed in Exhibit "B" as constructed
by Developer and approved by 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.
(C) Furnish proof sa�isfactory 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) year fram .
the date of the Utility's final letter of acceptance.
Also, Developer shall assign any and all warranties
and/or maintenance bonds and the rights to enforce same
t0 tha 1?- 1;�-• ._ ��:E�Cp'�.@� G.�".r�ai..o i��.:l niiY
� contractor c�r.s±ru �±� r.g t'��e �sater ss s �e- . Da v eloper
shall remain second?r�ly liable on such ::arra::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 maintenance bond
Page 4
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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 which water systems are
installed, or otherwise required, in recordable form
satisfactory to the Utility's counsel. If applicable,
the 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 systems from that date
farward, sub,ject to the terms and conditions contained
herein.
Whenever the development of the sub,ject property
involves one consumer or a unity of�title of several
consumers, and/c?r in the opinion of the U�tility
ownership by the Utility of the internal water
distribution system is not necessary or proper, then at
the option of the Utility, 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.
- 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
T GE D A CAT
� 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 below �hose required by sub-
section "A" above. Such line flushing shall be
conducted in accordance with reasonable engineering
standards as necessary to meet the ob�ectives 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 af the tima and place of such flushing.
The Utility shall send its representative to observe
such flushings and recozd 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 flushinq of his orr-
site facilities, such billing and collection to be
conducted in accordance with the provisions of the
Utility's approved ordinances and/or 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. Zf 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 auch violation at which point the
Developer shall have twenty (20) days or auch other t3me
as is reasonably necessary to correct the deficiency.
Upon failure to do so, Utility shall have the pawer and
�ight to discontinue service in accordance with the
provisions of its approved ordi:�ances and/or po�icies
for non-payment of bills.
8. OFF-SITE INSTALLATION - Developer may be required to
construct, at his sole expense, certain off-site water facilities
in order to connect Developer's on-site facilities to the Utility's
existing water system. In addition, Developer may be required to
dedicate all or a portion of said off-site water facilities to the
Utility for ownership, maintenance and operation.
All provisions in Section 7 above, entitled On-Site�
'nstallations, pertaining to specifications, plans, permits and
pprovals shall also be applicable to all off-site water facilities
construction. �
9. EASEMENTS - Developer hereby grants and gives to the -
Utility, its successors and assigns, but sub,ject to the terms of
this Agreement, the exclusive right or privilege to construct, own,
maintain or operate the water facilities to serve the Property;
and the exclusive right or privilege to construct, own, maintain,
alter, replace and operate said facilities in, under, upon, over
and across the present and future streets, roads, alleys,
easements, reserved utility strips and utility sites, and any
public place as provided and dedicated to public use in the record .
plats, or as provided for in agreements, dedications or grants made
otherwise, and is independent of said record plats. Developer
shall obtain any and all necessary off-site easements that may be
required in arder to carry out the terms, conditions and intent •
hereof, at Developer's expense, and shall conve�r sa:�e ta the
Page 6
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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 �oin in the grant or
dedication of the easements or rights-of-way, or give to the
Utility assurance by way of a non-disturbance agreement , that in
�� n
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 this Agreement. Al1 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. �
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 ogerating 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 �hat 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 tha owners ahall 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 a dedicated easement area,
so long as the facilities do not in�;erferg 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 Developar 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 for cable television,
telephone, electric, or gas utilities, or as otherwise agreed to by
the Utility.
In the event Developer fails �o actually deliver such
�asement, this document shall serve as the Utility's authorization
to substitute this Agreement as a recorded easement sufficient for
the Utility's needs.
The Utility hereby agrees that all easement grants will be
utilized in accordance with the established and generally accepted
practices of the water industry with respec� 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
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� NOIT GEDACHT
NAME OF PROJECT
10. RGREEMENT 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 Uti2ity in accordance with the
terms and intent of this Agreement. Such connection
shall at all times be in accordance with rules,
regulations and orders of the applicable governmental
authorities. The Utility agrees that once it provides
water service to the Property and Developer or others
have con.nected consumer installation to its system, tha�
thereafter the Utility will continuously 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 authority having
jurisdiction over the operations of the Utility.
11. 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 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 agproval for s�:c�i
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 providing meters and service.
(B) Appiication for the instailation 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 �o the Utility requesting an inspection of
a consumer installation connection 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.
Page 8
NOIT GEDACHT
NAME OF PROJECT
If the Utility fail.s to inspect the consumer installatian
connection within 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.
(F) If the Developer does not comply with the
foregoing inspection provisions, the Utility may
refuse service to a connection that has not been
. inspecte�d until Developer complies with these
provisio�ns .
(G) The cos of constructing, operating, repairing or
maintain�ng consumer installations shall be tha�
of Developer or a party other than the Utility.
12. THE UTILITY'S EXCLUSIVE RIGHT TO UTZLITY FACILITIES -
Developer agrees with the Utility that all water facilities
accepted by the Utility in connection with providing water service
to the Property (including fire service), shall at all times remain
in the sole, complete a�nd exclusive ownership of the Utility, its
successors and assigns, a.nd any person or entity owning any part of
the Property or any residence, building or unit constructed or
located thereon, shall not have any right, title, claim or interest
in and to such facilities or any part of them, for any purpose,
including the furnishing of water service to other persons or
entities located within or beyond the limits of the Property.
13. EXCLUSIVE RIGH'r TO PROVIDE SERVICE - DevelOper, 8s a
further and essential co�zsideration of this Agreement, agrees that
Developer, or the successors and assigns of Developer, shall not
(the words "shall not" betng used in a mandatory definition) engage
in the business or businesses of providing potable water service to
the Property during the period of time the Utility, its successors
and assigns, provide' wa�;er service to the Property, it being the
intention of the parties hereto that under the foregoing provision
and also other provisions of this Agreement, the Utility shall have
the sole and exclusive ri�ht and privilege to provide water service
to the Property and to th� occupants of such residence, building or
unit constructed thereon.
14. RATES - The Utility agrees that the rates to be charged
o Developer and individual consumers of water service shall be
~zose set forth in the ordinances and/or policies af the Utility.
_�wever, notwithstanding any provision in this Agreement, the
Utility, its successors and assigns, may establish, amend or
revise, from time to time in the £uture, and enforce rates or rate
schedules so established and enforced and shall at all times be
reasonable and sub�ect to regulations by the applicable
governmental agency, or �s 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 the 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
�.:b�ac� �o such regula±_c^� a� .. �l i°- �=��,_��d bl 1. L �
�: c� c�.��ract.
Page 9
- i
NOIT GE
NAME OF PROJECT
Any such initial or future increased rates, rate
schedu�les, and rules �nd 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; upon
any person or other entity holding by, through or under Developer;
and upon any user or cor�sumer 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 benefit of Developer, the
Utility and their respective assigns and successors by merger,
consolidation, conveyance or otherwise sub�ect 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 Developer to Third Parties without the"
written consent of the Utility, except in the case of a bona fide
sale o£ Developer's property, or other valid transfer or assignment
of property, including without limitation, the transfer or
assignment of the prope.rty as a result o£ a�udicial proceeding
such as mortgage forecl��sure or sale, and assignment for the
purposes of obtaining f:inancing. Zn 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 of this Agreement with
assignee or the transferee. Such approval to sale, transfer, or
assignment shall nat be unreasonably withheld. Nothing herein
shall preclude sales of individual units and assignment of rights
of water service pertaining thereto.
16. NOTICE - Until further written notice by either party to
the other, all notices provided for herein shall be in writing and
�ransmitted by messenger, by mail or by telegram, and if to
Developer, shall be mailed or delivered to Developer at:
' ������
-�8�.�' SE Terrapin Place
Jupiter, FL 33469
and if to the Utility, at: Tequesta Water Department
357 Tequesta Drive
Tequesta, Fla. 33469
Attn: Water System Manager
17. LAWS OF FLORIDA - This Agreement shall be governed by
the laws of the State ��f Florida and it shall be and become
effective immediately up�on execution by both parties hereto,
sub�ect to any approval which must be obtained from governmental
authority, if applicable.
18. COSTS AND ATTO�NEY'S FEES - Zn 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 sha�.l be entitled to recover from the other
party all costs incurred, including reasonable attorney's fees.
� Page 10
- -� -�,� s;
" ' � _. ..... _ . � � 2 :�� �
NOIT GEDACHT
NAME OF PROJECT
19. FORCE MAJEURE •- Zn the event that the performance of
�is Agreement by the U�tility to this Agreement is prevented or
interrupted in consequence of any cause beyond the control of the
Utility, .including but no� 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,
ra�ioning, civil insurrection, riot, racial or civil rights
disorder or demonstration,, strike, embargo, flood, tidal wave,
fire, explosion, bomb dAtonation, nuclear fallout, windstorm,
hurricane, earthquake, c�r other casualty or disaster or
catastrophe, unforeseeabl� failure or breakdown of pumping
transmission or other faci:lities, any and all governmental rules or
acts or orders or restrict�Lons 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 o�cder, 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 to indemnify and hold
+he Utility haXmless frorn and against any and all liabilities,
laims, damages, costs and expenses (including reasonable
attorney's fees) to which the Utility may become subject by reason
of or arising out of Deve:toper's breach or non performance of this
Agreement. This indemnification provision shall survive the actual
connection to the Utility's water system.
MISCEI:,LANEOUS PROVISIONS
21. This Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect
between Developer and the Utility, made with respect to the matters
herein contained, and when duly executed, fully constitutes the
agreement between Developer and the Utility. No additions,
alterations or variations of the terms of this Agreement shall be
valid, nor can provisions of this Agreement be waived by either
party, unless such addit�Lons, alterations, variations 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. �
24. 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�utic►n thereof by the Utility.
26. Notwithstanding the gallonage calculations that could be
made hereunder relative to ERC's, by and execution hereof,
Developer agrees that the intention of this Agreement is to reserve
� Qiven P.'_:**?b°Z' Of �.�il'_±= .^,•F Ccr2C1±Y t: � �i.�:c F��.�c� �3 c�scribed lIl
hibit ��A" 3I7� T10±' fOZ p�1r �OS2S Of an� G�::2Z' Cc�CL1Ia�iG: S.
Page 11
��T rFnACuT
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 Utilitiy may be required to
obtain approval from various state and local governmental authorities
having jurisdiction and regulatory power over the construction,
maintenance, and operatian 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 al� governmental
authorities and will pursue the same to the end and that it will use
its best efforts to obtaie� such approval. Developer, at his own cost
and expense, agrees to provide necessary assistance to the Utility in
obtainina the approvals provided for herein.
� 29. Regardless of where executed, this Agreement shall be
construed according to the laws of the State of Florida.
3�. In the event that relocation of �xistinq water and sewer
utilities are necessar� for the Developer, Developer will reimburse
the Utility in full for such relocations.
31. The Utility shall, at all reasonable times and hours, have
the right of inspection of Developer's internal lines and facilities.
This provision shall be binding on the successors and assigns of the
Developer.
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
- �her, in order to carry out the terms, conditions and comply with the
press intention of this Agreement.
34. The Developer wi11 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
3 �
� NOIT GEDACHT
NAME OF PROJECT
IN WITNESS WHEREOF, Developer and the Utility have executed or have
caused this Agreement, with the named Exhibits a�ttached, to be duly
executed in several counterparts, each of which counterpart shall
be considered an original executed copy of this Agreement.
WITNESSES: THE UTILITY:
Tequasta Water Department
P.O. Box 3474
357 Tequesta Drive
Tequesta, Fla. 33469
n � �-�.�„� � �. � �.�-��
.�!�,,�r� .�, BY �
,� , :,�. Thomas G. Bradford,
' � Village Manager
_ /�
DEVE OPER,�'�r'
�� �
__ _ - - _ � ; ,
_ -.- _ ,�
B J .�
� , , � :� � y �.,
.
�
_ �
� �� i
. !� l � ?
JOINDER AND CONSENT OF PROPERTY
OWNER {If Other than Developer):
�==�-,
f ` �' � �
/��"
.
, � �,
� - ; _. b ;
, %�„'�� -,, ' � �' - � '%'`�°`�___.__ ( Please print/� n & title )
', ���' W.� ._ ; t.-- " ; �
J _____.- - - �
. r � �����
� ���-�
;: ���,�-,�-:�.�r �--�-- �_�-�.�� �� �
MORTGAGEE JOINDER (if applicable)
By
(Please print/type name & title)
By
{Please print/type name & title)
Page 13
' ' � � --� � L - � '� �_ �
-- .
�, - . .�. -
NOIT GEDACHT
NAME OF PROJECT
FOR UTILITY:
)
STATE OF FLORIDA . SS
)
COUNTY OF PALM BEACH
The foregoing ins rument was acknowledged before me this
/�� day of <� � ' , 19 �i , by Thomas G.
Bradford, Village Manas�` on ehalf of the Utili� . �
�/ �
�
Notary Pub r �
My Commission Expires: State of t.a, at. 7laa_g:�
/� — ,2 � — Jd ,. .
�?1% �OfiP11SSl�� L:1G:� �S
FOR DEVELOPER : �cto�r zc, ls�!0 � - _m �� .
J
r;,,ed Thru Gen2ral ;?2s.t3r;cG �" �
iJnde�r�,itB�S) • L ;
STATE OF FLORIDA : ss '� �
� -�voo��. � .
COUNTY OF PALM BEACH
„ i The foreg.oing instrument was acknowledged before me this
,� ; , _ , . . � ,�-,
day of '� � � <_,. _ , 19 ,�.✓; � b . , - _ � ��� � - '- ; ''�i .�
of �__�_s _ __ __ . _ _ � . SS t � �' °
, , a - corpOrati'on, on k��hal�
of the corporation. " }
,. - __, ._
�
;'" i' �:.J Jr�
My Commission Expires: �� J
tary P ic -"
�, ,State of Fla. af: :�_aige'
FOR MORTGAGEE JOINDER:
)
STATE OF FLORIDA ., ss
;)
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of , 19 , by
of , a� corporation, on behalf
of the corporation.
Notary Public
My Commission Expires: State of Florida at Large �
OR PROP OWNER .
STATE OF FLORIDA ) _
ss
COUNTY OF FLORIDA )
-.. ;� The foregoing _tnstrument was acknow,ledged be,fore me this
: �
=• day of ; C'�`, b�- - �" .. b
� , �.
, . �, . ,�r T-'
� � � y ,���_ 19 � ,� a � �� `- ,�-
of >-__�.._ _____r , ' _ ._--_ _ _ `_. x , �.: � ��,� �. �.
;,, , a ° co-r-pora� orL� e2�-�.f
of the corporation. _ ,;�, � ; ��;
�__------ r/ � %�-- �--t � -,��
My Commission Expires :?�D��'� A'�b�'�, State of Florida �� tary Publ. ,�
�� t , c; �,��;, v ;� ^ �;;�;res Nov. s 1991 State of Fla. at Lar�e _,
� Page 14
"? �„ ,! --i .d. --�
_, I
NOIT GEDACHT
NAME OF PROJECT
PROPE�'I`Y I?ESCRIPTZON
t�r.tiCLL 1:
�. .
A l'Ll2Cl�.'L O1' L11MD IN S�C`1'IUN 36, TOWNSIIIP 40 :i(JUT[I. lt1�NCC 42
l�A.�'i', 1'11LM DLAClI COUN'1'Y, F'LUI2IDA, BEiNG MORE PAI2TICULA22LY �
LL•'SC12I13L•'D AS �'ULLOW:; :
C061�•1IsiJCINv 11T TL[L P30I2TIlW�S'i'� CO12Nf 12 O1� S�C'1'IOiJ 36, �11'OItCSIl1D;
� ':'ll.�ilCL•: :�Uli'rtl 0 25' 12" lJL•`S`1° ALONG `1'}IL 6JL5'd' L:iNL: OI' S11if�
�l:C':'IOCI 36 ('I'iIG t�lli:;"1' L,SN� C>1� :.�11iU �I;C'I'IU[J 36 I:� 1,SSt1h1CU TU
;�:P�l� f�UUT(! 0 25' 12 4+/l:>;'I° 11ND AI,[, O`1°ll�:lt I3[�11It.LIdGS 711tL 12L:LA'1'�VC
'['I1LltE`1'U). A D1:;'1'11NC1� OL•' 1�e65 1•'CC'I` `1C) TII� 1'OIN'1' OI' I3fG]NNINi;
C)L•' `t'lila fiL•'iilslN DL.�CI�:Ii31:D 1'�ldtCE•:L; 'I'UI%NC� CON'I'INUL SUU'I'II 0 25'
�2 6dL•;��T t�LUN(� :i11ID� :��CT�UI�f 1,3NL A 6�15'I'�NC[: 01 �.85.0 1''E�'1'
'1'C) 11 1'Oi�l'1'; TIIENCL �OC➢Ttl 89 39' 9f3" �11ST, U�Yf11t`PIN� 1�ROM
:;11L1) SLC'1'TUN L.CNG �1 l�1STANCL O1' 250.0 1'E�`1 `1'(.> 11 POIN'C;
°ri�Lr�ci, c�o�i�ru 30' 96 � 29�� �:r�s�r, r� o.es����r�c� oE�� 2] 4. 39 ���:L7� 7�0
_ la i'uINT; '('l1L•'NCL NURT[i 89 34' 98" WL:;'1', A DISTI,NCE O�' . 358. 34
1'L'L': 'I'O T[IL L�OIN'1' U1' I3EGINNTNG. �
COtJ':AIN1fJG 1.29 AC12ES MOKL OI2 LESS. �
. . �,�l1�\I.LL 4 . � .� .
11 �'1'�RC�:L O1' L11ND IN SL:CTiUN 36, TOWN[iSIP 40 SOUT[1, I211NGE 42
l,A:.�T, 1�llLhi L3L;l�Cll CU�JN'I'Y, 1'LUlZ1UA, liE1NG MUK� l�11R`L'ICULARLY
Q1::.;C1?lUIsD F►:; 1'ULLOWS:
CUt�'tML;NCIN<� 11'I' Tllli NORTi{4JEST CC)E21Vtil� OE' SE�'1°IOIV 36 0 �-1I�OR�SAIU,
TItL:NCL S(�G`i'tl �° 25' l v" WL:ST, AL�UNG Tl[C.' W�ST LIN� UI' S11IU
SLCTLOrI 36 l'C'1(L'•: WE3`d' LINE O1' SAlU Sl:CT1UN 36 LS ASSUAtLU °I'O
J5L•'l11t :-;t)L`�'il 0 25' 12" WL:S`I' AND 11f.L 4'CHE12 EiEARINt;S ARE 12EL11T1VE
'CUl:kfi'1'C?) , A UISTAI�Ck�. UE' 196.65 T'E[��'1' '1'U 'l'l1C: PO[N'1' U! f3�:GINNING
O1•' 't'UL: IILllL;rN ULSC121 f3L;D k'1112CLIa; TIIGNCE CUN`I'iNUI; ;;pU'1'll 0 25'
12" WL.'�`1' A1.U�Il� 5117D WCC�'1' :ils("1'lON I�INE a1 D15T11NC1� O1' 2fi�. o
l�LG'I' 'CO A L'OIN`l' LYIML 1N 'L'I91, CI,N'1'EK OE A CONCItETG BULKl1L;11D;
'1'lIL•:I�ICEi I,/'.:;'1'1:t.LY MLA[�D[;R1NC� 'i'UL: CLN'CCitLINE OL :��ID CONCf2E'L'�
I3UL::E1[i11ll� I1 D'ISTANCL ��° 133.3 F�'[;E'1°� I�9012I� U12 I.i1::iS 7.'U 11 �'OIN'1'�
T!ll,tlCli NOl7'L'l! 30 46' 2�!' I.1�S'I', A Di:�TANCF' OI' 24'1. 42 F�F�;`i' TU 11
L'UIUT; `I'tll•:NCL NU12Tt1 89 34 `48" WES`I', A UtS`CANCL�, O�' 250 e 0 1'EL'!°
'I'U T11� 1�UiN'1' U1' 13GV ] NNiNV e
CUN':'AI N 1 t�lC; 0. 99 �1C1ZL� �IOR� UI2 I,{,SS.
�l1(3�)C;(:'I' TU AI ,L E;�1SEM�LNT�, Ii1s5L'ltVl'�'l'IUNS, 12L5'I'R1(;'I'LONS AND
ItlGtl't':� U1•' WA, . �
WITNESSES: DEVE ,
.,_ _—.
_ �:, '�,., _�
. �
e ,
' Y
,� ''`.. .
� -.-.�
� L � . . . . . . . .. ' �. �
//
/ �
EXNIBIT "A'°
Page 15
Noit Gedacht
P1AI�ZE OF PROJECT
CONNECTION CHARGES
The Developer agrees to pay, in order to induce the Utility to
provide service, the followincx connection charqes for the share of
facilities. Said charges to be paid by Developer are those which are
set forth in the Utility's �rdinances and uniform service policies.
ITEr1 1 �AYI�IELIT SC�:E�ULE
�Jater :
The foliowing formula T,aas used to determine DevF�loper's share of
Water Facility Charges.
TOTAL CHAFGE TOTAL
ERC' PE ERC CHARG
�7.5 $1,5�0.�0 511,250.�a
ERC CALCULATION
Calculation is basec? upon computations rela�ive to lot size and
projected watey usaqe requirements. Each lot will require a one inch
(1") me ter. Qne inch meters ecrl�ate to 2.5 ERC's. 2.5 times 3= 7.5
EP.C' s . -
G�7ate?� plun reviec�a and in��ectzon charge $135.00
/ 11�� � % y / 7� `3��/Ga j ��„f ,���'%���j �1 � ✓ ��f�r..,
�� ���i���1-�� ! `� `'�%'.�/�����.�—
/�
�CJ7�"� � ���L�� ���f.� ��"r��i' �������
' � � �'� �-�' � �-°` ,�"'i'�'-7�'�
�' i� ' � . � ` s y� ° s� t�- f/���� �- ' �
EXHIBIT "B" rs ' !
Page 16 -
NOIT GEDACHT
NAME OF PROJECT
EXHIBIT "B" (CONTINUED)
ITEM II WATER SYSTEM CONTRIBUTIONS
The Developer shall install the following pipe, mains and
appurtenances there�o and dedicate same to the Utility. Said
installations are to be i.n accordance with the approved plans drawn
by being Drawing No. ,Sheets thru dated
UTILITY COMPANY: DE R
, � +
L , , ;>
� � .- �
_
BY �Z�-�--� �--� %-� 1-� ��=% , , � � ,, �,
o- By �-�. __ . -_,�.
Thomas G. Bradford, Vill �e Manager <
� �
f: .
WITNESSES: WITNESSES: -
. �
_ ___ . .
�- ____
_ _ _- : �.
. �.
� �F % r
.�'_ � � - __` �
/' / - � �li✓v�N, ::r_�__�---- : , , - { �,.��
EXHIBIT "B"
Page 17
� . . •.�, � � _--3 r � ? ,� -'} �_ �
„ - _. . . . - _ . _
• . .. �
_ NOTT . D AGHT
%�1AME OF PROJECT
LOCATION MAP
��il V I�Yr ��R���f; 'a
�.YfNG It6 SECTKfNS 2S t�Hti 3G TO'WPISHlP 4fl SdUTH RANGE 42 Er4$T
YIL�dGE OF 'EEOUESTJt, PI�LM BEACH C011NTY. Fl4R1bA
8E7NG ,4 4iEPLAT OF A hOP.T10W Og TNE PL aT JUPiTER I�1�NQltS,
5EC'f7[?IY UNE RS RECORDED IH PL4T FS�OK 12. P�4� 38 OF QFEE
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