HomeMy WebLinkAboutAgreement_Water Service_01/09/1997_Tequesta Oaks RECORD AND RETURN TO:
JOHN C. RANDOLPH, ESQUIRE
Jones,Foster, Johnston & Stubbs, P.A.
Post Office Box 3475
West Palm Beach:, FL 33402 -3475 R( 4 qS 3 >
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- 'ILL CALL #85 , F'S , 96-01 Fe 16
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Tequesta Oaks Development Co., _
NAME OF PROJECT
DEVELOPER AGREEMENT
THIS AGREEMENT made and entered into this day of 3W J -
19 97 , by and between, Tequesta Oaks Development Company
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 water service
for Developer's Property herein described,; and
WHEREAS, the Utility is willing to provide, in accordance with the
provisions of this Agreement and Tequesta Water Department Service
Policies, water service to the Property and thereafter operate applicable
facilities so that the occupants of the improvements on the Property will
receive an adequate water supply.
NOW, THEREFORE, for and in consideration of the premises, the mutual
undertakings and agreements herein contained and assumed, Developer and
Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the
purpose of interpreting the terms as used in this Agreement and apply
unless the context indicates a different meaning;
(A) "CONSUMER INSTALLATION" - All facilities ordinarily on the
consumer's side of the point of delivery.
Tequesta Oaks Development Co.,
NAME OF PROJECT
(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 shall be on the consumer's side or
discharge side of the water meter(s) that will be
utilized for delivery of water service.
The Utility shall, according to the terms and conditions
hereof, own all pipes and appurtenances to the point of
delivery unless otherwise agreed upon. The pipes and
appurtenances outside the point of delivery shall belong to
others.
(E) "PROPERTY" - The area or parcel of land described in
Exhibit " A " by legal description.
(F) "SERVICE" - The readiness and ability on the part of
the Utility to furnish and maintain water service to the
point of delivery for each lot or tract pursuant to
applicable rules and regulations of applicable
regulatory agencies.
3. Annexation - No unincorporated property contiguous to the
corporate limits of the Village of Tequesta, not currently receiving
water service pursuant to a water service agreement or franchise
agreement with the Tequesta Water Department, shall be allowed to
connect to or be provided water service through the Tequesta Water
Department without first being annexed into the corporate limits of the
Village of Tequesta.
4. 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
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Tequesta Oaks Development Co.,
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purpose of evidencing Developer's legal right to grant the exclusive
rights of service contained in this Agreement.
5. 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 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 upon the connection charges paid.
Neither Developer or any person or other entity holding any of the
Property by, through, or under Developer, or otherwise, shall have any
present or future right, title, claim or interest in and to the
connection 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 claims for breach of contract, damages, or
charges of the like of the Utility.
6. OVERSIZED FACILITIES REQUIREMENT; REIMBURSEMENT - If the water
service facilities can reasonably be expected to serve other areas than
those of the Developer, the Utility shall require that they be
oversized to enable water service to be provided to such additional
property.
However, there will be no reimbursement for the construction of
six (6) inch or eight (8) inch water mains, which are the minimum
standard sizes, even if these sizes exceed the Developer's own
requirements.
The Developer will be reimbursed for the estimated difference in
the cost of construction between the oversized facilities and those
facilities the Developer otherwise would have been required for his own
use. The amount of the reimbursement shall be determined by the
Utility based on the data concerning construction costs of the Utility
and upon data which may be supplied to the Utility by the Developer's
engineer. The Utility shall make every effort to properly evaluate the
"cost difference" for over sizing, but in the event of a disagreement,
the decision of the Utility shall be final and binding.
The method of reimbursement shall be as follows: The Developer
will receive the reimbursement due it from the other Developers, as
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Tequesta Oaks Development Co.,
NAME OF PROJECT
each Developer connects, for a time period up to five (5) years.
7. PAYMENT - Developer shall pay, in full, connection charges
at the time of execution hereof.
8. Equivalent Residential Connections Reserved - The parties
agree that the capacity needed to provide service to the Property is
1.5 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 pursuant to Exhibit "B".
9. 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.
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. 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 (4) 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. All such plans, specifications and shop
drawings submitted to the Utility shall meet the minimum specifications
of the Utility and shall not be unreasonably withheld. The Utility
reserves the right to review the revised Master Plan and recalculate
the connection charges that are to be paid by the Developer at the time
the revised Master Plan is submitted. No construction shall commence
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Tequesta Oaks Development Co., _
NAME OF PROJECT
until the Utility and appropriate regulatory agencies have approved
such plans and specifications in writing. When permits and approved
plans are returned by appropriate regulatory agencies to Developer,
Developer shall submit to the Utility one (1) copy of the water
permit(s) and approved plans. If construction commences prior to all
such approvals and any other approvals required hereunder, the Utility
shall have no responsibility to accept such lines or facilities, and
the Utility may elect to terminate this Agreement and /or not provide
service to Developer until such time as Developer obtains such required
approvals and the Utility has witnessed all of its required inspections
and tests.
After the approval of plans, specifications and shop drawings by
the Utility and appropriate regulatory agencies, Developer, or the
engineer of record, shall conduct a pre- construction 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 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 specifications.
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 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 (AWWA) 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 dedications 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 "B" of this Agreement
dealing with those potable water supply facilities that will be
transferred from Developer to the Utility, pursuant to the provisions
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Tectuesta Oaks Development Co.,
NAME OF PROJECT
of the 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 Letter of 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 Utility.
(B) Provide Utility with copies of invoices from contractor
for installation of the utility systems being dedicated
to Service Company, including engineering design and
inspection fees so paid.
(C) Furnish proof satisfactory to the Utility that the
installation of the facilities and all contractors, sub-
contractors, material men, laborers and engineers have
been paid in full (i.e., 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 from
the date of the Utility's final letter of acceptance.
Also, Developer shall assign any and all
warranties and /or maintenance bonds and the rights to
enforce same to the Utility which Developer obtains from
any contractor constructing the water system. Developer
shall remain secondarily liable on such warranties. If
Developer does not obtain such written warranty and /or
maintenance bond from its contractor and deliver same to
the Utility, which warrant and /or maintenance bond
shall be for a minimum period of one (1) year, then in
such event, Developer, by the terms of the 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 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
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Tecruesta Oaks Development Co.,
NAME OF PROJECT
satisfactory to the Utility's counsel. If applicable,,
the Utility may require joinder or 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
forward, subject to the terms and conditions contained
herein.
Whenever the development of the subject property
involves one consumer or a unity of title of several
consumers, and /or in the opinion of the Utility
ownership by the Utility of the internal water
distribution system is not necessary or proper, then at
the option of the Utility, 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 the on-
site facilities constructed by the Developer, and
provides master metered service to the Developer for the
use of several consumers within the on -site facilities,
the Developer shall be required to:
1) Maintain water quality at each individual outlet which
is in compliance with all primary and secondary
standards promulgated by the Florida Department of
Environmental Protection, or County Health Department.
At no time shall such water quality standards be
required to be in excess of those attained at the
Utility's point of delivery master meter.
(2) Institute a 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 those required by subsection " A " above.
Such line flushing shall be conducted in
accordance with reasonable engineering standards
as necessary to meet the objectives as outlined
herein. Such flushing shall occur at a minimum of not
less than N/A Developer shall
provide the Utility a minimum of forty -eight (48) hours
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Teauesta Oaks Development Co.,
NAME OF PROJECT
notice of the time and place of such flushing. The
Utility shall send its representative to observe such
flushing and record the amount of water used for that
purpose as indicated by the Master Meter. Developer
shall be solely and directly responsible for the cost of
all water used in the flushing of his on -site
facilities, such billing and collection to be conducted
in accordance with the provisions of the Utility's
approved ordinances and /or policies.
3) 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 twenty -four (24)
hours notice to the Developer. If the Utility
determines that the Developer has failed to comply with
the provisions of this section, Utility shall provide an
explanation of the reason for such violation at which
point, the Developer shall have twenty (20) days or such
other time as is reasonably necessary to correct the
deficiency. Upon failure to do so, Utility shall have
the power and right to discontinue service in accordance
with the provisions of its approved ordinances and /or
policies for non - payment of bills.
10. OFF -SITE INSTALLATION - Developer may be required to
construct, at 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 9 above, entitled "On -Site
Installations ", pertaining to specifications, plans, permits and
approvals shall also be applicable to all off -site water facilities
construction.
11. EASEMENTS - Developer hereby grants and gives to the Utility,
its successors and assigns, but subject to the terms of this Agreement,
the exclusive right or privilege to construct, own, maintain or operate
the water facilities to serve the Property; and the exclusive right 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
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ORR 9630 jQ I i 3
Tequesta Oaks Development Co.,
NAME OF PROJECT
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 order to carry out the terms, conditions and intent
hereof, at Developer's expense, and shall convey, if any, holding prior
liens on the Property shall be required to release such liens, subor-
dinate their position or join the grant or dedication of the easements
or rights -of -way, or give to the Utility assurance by way of "non -
disturbance agreement ", that in the event of foreclosure, mortgagee
would continue to recognize the easement rights of the Utility, as long
as the Utility complies with the terms of the Agreement. All water
distribution facilities, save and except consumer installations, shall
be 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 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 not
be required to move or relocate any facilities lying outside dedicated
easement area, so long as the facilities do not interfere with the then
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 than
Utility shall preclude the use by other utilities of these easements,
such as for cable television, telephone, electric, or gas utilities; or
as otherwise agreed to by the Utility.
In the event Developer fails to actually deliver such easement,
this document shall serve as the Utility's authorization to substitute
the Agreement as a recorded easement sufficient for the Utility's
needs.
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ORS 9630 Pe -163
Tequesta Oaks Development Co.,
NAME OF PROJECT
The Utility hereby agrees that all easement grants will be
utilized in accordance with the established and generally accepted
practices 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.
12. AGREEMENT TO SERVE - Upon the completion of construction of
the on -site and off -site water facilities required hereunder by the
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
Utility 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 connected consumer installation to its
system, that thereafter the Utility will continuously provide, at its
cost and expense, but in accordance with the other provisions of the
Agreement, including rules and regulations and rate schedules, water
service to the Property in a manner to conform with all requirements of
the applicable governmental authority having jurisdiction over the
operations of the Utility.
13. APPLICATION FOR SERVICE; CONSUMER INSTALLATIONS: -
Developer, or any owner of any parcel of the Property, or any occupant
of any residence, building or unit located thereon shall not have the
right to and shall not connect any consumer installation to the
facilities of the Utility by the prospective user of water service, in
accordance with the then effective rules and regulations of the Utility
and approval for such 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) Application for the installation of water meters shall
be made seventy -two (72) hours in advance, not including
Saturdays, Sundays and holidays.
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` R9 9630 P- 9 1 CE) 34
Tequesta Oaks Development Co.,
NAME OF PROJECT
(C) All consumer installation connections must be inspected
by the Utility before back - filling and covering of any
pipes.
(D) Notice to the Utility requesting an inspection of a
consumer installation connection may be given by the
plumber or Developer, and the inspection will be made
within twenty -four (24) hours, not including Saturdays,
Sundays and holidays, provided the water meter and
backflow preventer have been previously installed. If
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 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.
14. THE UTILITY'S EXCLUSIVE RIGHT TO UTILITY 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 and exclusive ownership of the Utility, its successors and
assigns, and any person or entity owning any part of the Property or
any residence, building or unit constructed or located thereon, shall
not have any right, title, claim 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.
15. EXCLUSIVE RIGHT TO PROVIDE SERVICE - Developer, as a further
and essential consideration of the Agreement, agrees that Developer, or
the successors and assigns of Developer, shall not (the words "shall
not" be 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
water service to the Property, it being the intention of the parties
hereto that under the foregoing provision and also other provision of
this Agreement, the Utility shall have the sole and exclusive right and
privilege to provide water service to the Property and to the occupants
of such residence, building or unit constructed thereon.
16. RATES - The Utility agrees that the rates to be charged to
Developer and individual consumers of water service shall be those set
forth in the ordinances and /or policies of the Utility. However,
notwithstanding any provision in this Agreement, the Utility, its
successors and assigns, may establish, amend or revise, from time to
time in the future, and enforce rates or rate schedules so established
and enforced and shall at all times be reasonable and subject to
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9630 Pq- 16-35
Tequesta Oaks Development Co., _
NAME OF PROJECT
regulations by the applicable governmental agency, or as may be
provided by law. Rates charged to Developer or consumers located upon
the Property shall at all times be identical to rates charged for same
classification of service, as are or may be in effect throughout the
service area of the Utility.
Notwithstanding any provision in this Agreement, the Utility may
establish, amend or revise, from time to time, in the future, and
enforce rules and regulations covering water service to the Property.
However, all such rules and regulations so established by the Utility
shall at all times be reasonable and subject to such regulations as may
be provided by law or contract.
Any such initial or future increased rates, rate schedules, and
rules and regulations established, amended or revised and enforced by
the Utility from time to time in the future, as provided by law, shall
be binding upon Developer; 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.
17. 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 subject to the terms and conditions of this Agreement as
contained herein. Developer understands and agrees that capacity
reserved hereunder cannot and shall not be assigned by except in the
case of a bona fide sale of Developer's Property, or limitation, the
transfer or assignment of the Property as a result of a judicial
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 of evidence of such assignment, or partial assignment
as the case may be, to the Utility and the Agreement with assignee or
the transferee. Such approval to sale, transfer, or assignment shall
not be unreasonably withheld. Nothing herein shall preclude sales of
individual units and assignment or rights of water service pertaining
thereto.
18. NOTICE - Until further written notice by either party to the
other, all notices provided for herein shall be in writing and
transmitted by messenger, by mail or by telegram, and if to Developer,
shall be mailed or delivered to Developer at:
Tequesta Oaks Development Co., Inc.
4500 PGA Boulevard
Suite 400
Palm Beach Gardens, FL 33418
Attention: Mr. William Shannon
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Teguesta Oaks Development Co., _
NAME OF PROJECT
and if to the Utility, at: Tequesta Water Department
Tequesta Corporate Center
250 Tequesta Drive, Suite 300
P.O. Box 3474
Tequesta, Florida 33469
Attention: Water System Manager
19. 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 parties hereto, subject to any
approval which must be obtained from governmental authority, if
applicable.
20. 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 recover from the other party all costs
incurred, including reasonable attorney's fees.
21. FORCE MAJEURE - In the event that the performance of this
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 casualty or disaster or catastrophe, unforeseeable failure cr
breakdown of pumping transmission or other facilities, any and all
governmental rules or acts or orders or restrictions or regulations or
requirements, acts or action of any government or public or
governmental authority or commission or board or agency or agent or
official or officer, the enactment of any statute or ordinance or
resolution or regulation or rule or ruling or order or decree or
judgment or restraining order or injunction of any court, said party
shall not be liable for such non - performance.
22. INDEMNIFICATION - Developer agrees to indemnify and hold the
Utility harmless from and against any and all liabilities, claims,
damages, costs and expenses (including 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 shall survive the actual connection to the
Utility's water system.
MISCELLANEOUS PROVISIONS
23. This Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect between
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"NS 9630 N9 141-S37
Tequesta Oaks Development Co.,
NAME OF PROJECT
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
provision of this Agreement be waived by either party, unless such
additions, alterations, variations or waivers are expressed in writing
and duly signed by all signatures herein.
24. In the event that Developer does not make application for and
have installed all water meters to serve the Property within eighteen
(18) months from the date of this Agreement, the Village shall, at the
time of meter installation, assess a fee representing the difference
between the connection charge paid up front by the Developer and the
connection charge currently being assessed by the Village at the time
of actual meter installation.
25. Whenever the singular number is used in this Agreement and
when required by the context, the same shall include the plural, and
the masculine, feminine and neuter genders shall each include the
others.
26. Exhibits mentioned herein have been signed or initialed by
the duly authorized officers, agents or attorneys of the parties hereto
and are hereby incorporated herein by reference and made a part hereof
as fully as if set forth herein.
27. The submission of this Developer Agreement for examination by
Developer does not constitute an offer by becomes effective only upon
execution thereof by the Utility.
28. 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 a given number of
units of capacity for the property described in Exhibit " A " and not for
purposes of any other calculations.
29. It is agreed by and between the parties hereto that all
words, terms and conditions contained herein are to be read in concert,
each with the other, and that a provision contained under one heading
may be considered to be equally applicable under another in the
interpretation of the Agreement.
30. 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 will
14
:JAL, 9630 ; 1 638
Tequesta Oaks Development Co.,
NAME OF PROJECT
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.
31. Regardless of where executed, this Agreement shall be
construed according to the laws of the State of Florida.
32. In the event that relocation of existing water and sewer
utilities are necessary for the Developer, Developer will reimburse the
Utility in full for such relocations.
33. The Utility shall, at all reasonable times and hours, have
the right of inspection of Developer's internal lines and facilities.
This provision shall be binding on the successors and assigns of the
Developer.
34. There shall be no liability whatsoever on the Utility for
failure to deliver water service to Developer according to Developer's
needs or schedules. This Agreement constitutes a promise of good faith
and not a timetable for delivery of utility services.
35. Each party hereby agrees to grant such further assurances and
provide such additional documents as may be required, each by the
other, in order to carry out the terms, conditions and comply with the
express intention of this Agreement.
36. 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.
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 this Agreement.
WITNESSES: THE UTILITY:
TEQUESTA WATER DEPARTMENT
Tequesta Corporate Center
&I L�4�- Suite 300, P.O. Box 3474
Tequesta, Florida 33469
Thomas G. Br ford
Village Manager
15
. 0 �'q `1639
Tequesta Oaks Development Co.,
NAME OF PROJECT
WITNESSES DEVELOPER:
TEQUESTA OAKS DEVELOPMENT COMPANY
N jL,
By: a4A , C OAA
Its: 1`d�O�V� ��Ai(�yJ r/►t
�,utct_cx�c� If (Please Print /Type Name and Title '
JOINDER & CONSENT OF PROPERTY
OWNER (If other than Developer):
(Please print /type name & title)
MORTGAGEE JOINDER (If applicable)
By:
Its:
(Please print /type name & title)
By:
Its:
(Please print /type name & title)
16
:tR6 9630 Ps 164 3
Tecruesta Oaks Development Co., __
NAME OF PROJECT
FOR UTILITY:
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day
of , 19_2Z, by Thomas G. Bradford, Village Manager on
behalf of th Utility, who is personally known to me or has produced
a drivers license as identification.
JOANN MANGANIELLO o{
MY COMMISSION of CC 507149 /Jt
:a EXPIRES: December 22,1999 o tart' Publ
N%
My Commission Expire of 4` Bonded Thru Notary Public Underwriters
State of Florida a ;t.
FOR DEVELOPER:
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
The foregoing instrument was acknowled ed before me this
day of 19 X 17 , by
o 7 r s t n G c<lC 1 a
J /C nom' =corporation, on behalf of the corpo a ti on . Hel -94+e i s
personally known to me- gsrodurced - a - drivers license as
i den-t-rf on .
�P,t2Y P&, OFFICIAL NOTARY SEAL
O <� CHRISTINE SCALAMANDRE
�= o Notar Public
* * COMMISSION NUMBER y
My Commission :o CC404467 State of Florida at large
� �� MY COMMISSION EXP.
O F10 A P.1�Ca. 31 X99 F
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. He /She is personally known to me or has produced a
drivers license as identification.
Notary Public
My Commission Expires: State of Florida at large
17
URB 9630 1 , 1, 9 16 :
Tequesta Oaks Development Co.,
NAME OF PROJECT
FOR PROPERTY OWNER:
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. He /She is personally known to me or has
produced a drivers license as identification.
Notary Public
My Commission Expires: State of Florida at large
18
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Tectuesta Oaks Development Co., _
NAME OF PROJECT
CONNECTION CHARGES
The Developer agrees to pay, in order to induce the Utility to
provide service, the following connection charges for the share of
facilities. Said charges to be paid by Developer are those which are
set forth in the Utility's Ordinances and uniform service policies.
ITEM I PAYMENT SCHEDULE
WATER:
The following formula was used to determine Developer's share of Water
Facility Charges.
Total ERC's Charge Per ERC Total Charges
159.5
Credit 31.11
128.39 $ 1,500.00 $192,585.00
158 - 5/8 and 1 - 3/4" meters
ITEM II WATER SYSTEM CONTRIBUTIONS
The Developer shall install the following pipe, mains and
appurtenances thereto and dedicate same to the Village. Said
installations are to be in accordance with the approved plans drawn by
Michael B. Schorah & Associates, Inc. Drawing No. 95 -836 , sheets
1 through 7A dated November 25, 1996.
UTILITY COMPANY: DEVELOPER:
STA OAKS DEVELOPMENT COMPANY
By: mow., ;� �' By:
Thomas G. Bradford rZo3 r-21 - S. Ka c�r+ur4 ,�i2�S.
Village Manager
WIT ESSES: TNESSES:
yo
At l� ►3. Du1 1 Z
[tJcG�- �k4 -ctti �. s{F�gNI�d
EXHIBIT "B"
20
ORS 9630 Ps 16-44
Y " ROTH i i" " ,s 4`iiLi N 7:LE PE COUNT
Tequesta Oaks Development Co.,
NAME OF PROJECT
LOCATION MAP
0 PROJECT
0
v
9 0
.TSQV A
1
LOCATION MAP
NO SCALE
W SES: DEVELOPER:
I :
TEQUESTA OAKS DEVELOPMENT COMPANY
(,� � U.l�'�t � • 5!-IM� ro N �JRr,�R -� 5-, CL14 r l�tu -A- ��tS�
EXHIBIT "C"
21