HomeMy WebLinkAboutAgreement_Water Service_12/21/1994_Coconut Cove 16 9,
'RECORD AND RETURN TO:
" I
tJOHN C. RANDOLPH, ESQUIRE
JONES FOSTER, JOHNSTON & STUBBS, P.A.
POST OFFICE BOX 3457
WEST PALM BEACH, FL 33402-3475
CALL # 85
Coconut Cove
NAME OF PROJECT
DEVELOPER AGREEMENT
THIS AGREEMENT made and entered into this d of
19L(a', by and between, _FZ-41- ioil L
hereinafter referred to as "Developer", and Tequesta Water Department,
hereinafter referred to as Utility.
WHEREAS, Developer owns or controls lands located in the Utility
ice 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.
Coconut Cove
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. 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 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.
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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.
5. Payment - Developer shall pay, in full, connection charges at
the time of execution hereof.
6. Equivalent Residential Connections Reserved - The parties
agree that the capacity needed to provide service to the Property is
13 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".
7. 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
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NAME OF PROJECT
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
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
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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
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 satisfactory to the Utility's counsel. If
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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
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.
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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.
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 8 above, entitled "On -Site
Installations ", pertaining to specifications, plans, permits and
approvals 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 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
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
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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.
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.
10. 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
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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.
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 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.
(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.
12. 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.
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13. 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.
14. 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
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.
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 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
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provide a Notice or 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 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
transmitted by messenger, by mail or by telegram, and if to Developer,
shall be mailed or delivered to Developer at:
Florida Trend Development Corp.
142 Pine Hill Trail West
Tequesta, FL 33469
and if to the Utility, at: Tequesta Water Department
357 Tequesta Drive /P.O. Box 3474
Tequesta, Florida 33469
Attention: Water System 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 parties hereto, subject to any
approval which must be obtained from governmental 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 recover from the other party all costs
incurred, including reasonable attorney's fees.
19. 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 or
breakdown of pumping transmission or other facilities, any and all
governmental rules or acts or orders or restrictions or regulations or
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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.
20. 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
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
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.
22. In the event 'that Developer does not move forward with
development of the Property within twelve (12) months from the date of
this 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 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.
25. 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.
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 a given number of
units of capacity for the property described in Exhibit " A " and not for
purposes of any other calculations.
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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 will
diligently and earnestly, at Developer's sole cost and expense, make
the necessary and proper applications to all governmental authorities
and will pursue the same to the end and that it will use its best
efforts to obtain such approval. Developer, at 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 sewer
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, 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
other, in order to carry out the terms, conditions and comply with the
express 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.
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.
13
Return to: (enclose self- addressed stamped envelope)
Name
Address:
tO RB 91 P9 2 90
Property Appraisers Parcel Identification (Folio) Number(s):
Republic Security Bank joins in this Developer Agreement solely for the purpose
of agreeing to subordinate its mortgage position to easements granted to the utility
provided that the location of such easements are approved by Mortgagee and Mortgagee
by joinder of this Developer Agreement does not assume nor is it responsible for any
of the obligations or liabilities of Developer under this Developer Agreement.
Coconut Cove
NAME OF PROJECT
WITNESSES: THE UTILITY:
TEQUESTA WATER DEPARTMENT
r P. O. Box 3474
f 357 Tequesta Drive
V Tequesta, Florida 33469
a �y' -—
B 7 Y -- z
Thomas G. Brad ord
Village Manager
DEVELOP
f��/ L BY:
JOINDER & CONSENT OF P PERTY
OWNER (If other tha eveloper):
(Please print /type name & title)
MORT OI R (I applicable)
BY:
(Ple nt
1- J A 5 e type n e & title)
Ste. V P.
�
BY:
(Please print /type name & title)
FOR UTILITY:
STATE OF FLORIDA )
ss
COUNTY OF PALM BEACH }
The foregoing instrument was acknowledged before me this day
of ° 19 by Thomas G. Bradford, Village Manager on
behalf of thtf, Utility.
�a
Coconut Cove
NAME OF PROJG.
AIOTARY )rUBLIC, STATE OF FLORIDA.
Ir1Y COMXMI85ION ERPIRE3• Dec 1998. �� _ '� f
4 y
BONDED THRU NOTA "I.IG VtNW�f�?
Not y 1�ublc
My Commission Expires: State of Flora at 13r�
FOR DEVELOPER: :,;r CG 16 9 7 75
STATE OF FLORIDA ) Ga
ss
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this -
day of 19 by
of
a
corpora e corporation.
P. PROCTOR -
k : MY COMMISSION # cc 268=
EXPIRES: March 17,1997
V.- ° eor&,d Thm Wtiry Pub under m t m Notary Public
FOR MORTGAGEE JOINDER: " "' State of Florida at large
STATE OF FLORIDA )
ss
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this31
day of 19 9S , by c rer d� 5 �: � ;C, ( n
of for f31t+/ corporation, on behalf of the
corporatio .
BRF NDA J. EURKHAMME l
NOTARY My ( %omtr, Exp. 12/21) Ndtary Public
My Commission Expires: p,� Pue�rc Bonded By Service IRS State of Florida at large
F P 0 No. CX325002
�►r►� Iota
FOR PROPERTY OWNER:
STATE OF FLORIDA )
ss
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me thi
day of 19 by �G'r�✓ l - �� /
Of a corporation, on behalf of
the corporation.
F. PR Lr'�
' ►: .: MY CCMMXSSXC:i a1 L��
" r..�
Q EXPIPEs h9s-ch 17, s e r �° Notary Public
My Commission Expires . - -- .:._.� -w d of Florida at large
15
Coconut Cove
NAME OF PROJECT
PROPERTY DESCRIPTION
KNOW ALL MEN BY THESE PRESENTS, THAT FLORIDA TREND DEVELOPMENT COR ?-
ORATION, AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA DOES HEREBY
CERTIFY THAT IT IS THE OWNER OF THE LANDS SHOWN HEREON AS COCONUT
COVE, SAID LANDS BEING THAT PART OF THE SOUTH 150 FEET OF GOVERNMENT
LOT 4, LYING EAST OF U.S. HIGHWAY 1 IN SECTION 30, TOWNSHIP 40 SOUTH,
RANGE 43 EAST, LESS THE WEST 291 FEET (AS MEASURED ALONG THE NORTH AND
SOUTH LINES), VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID SECTION
30 AND THE EASTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY 1 (BEING
120 FEET WIDE); THENCE NORTH 89 ° 54'47" EAST ALONG SAID SOUTHERLY LINE,
A DISTANCE OF 291.00 FEET TO A LINE PARALLEL WITH THE SAID EASTERLY
RIGHT OF WAY LINE AND POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL; THENCE CONTINUE NORTH 89 ° 54'47" EAST ALONG SAID SOUTHERLY
LINE, A DISTANCE OF 1178.08 FEET TO THE MEAN HIGH WAY LINE OF THE
INTRACOASTAL WATERWAY; THENCE NORTHERLY ALONG SAID MEAN HIGH WATER
LINE TO ITS INTERSECTION WITH A LINE, PARALLEL WITH AND 150.00 FEET
NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTHERLY
SECTION LINE; THENCE SOUTH 89 ° 54'47" WEST ALONG SAID PARALLEL LINE,
BEING THE SOUTHERLY LINE OF WATERWAY VILLAGE (UNRECORDED), A DISTANCE
OF 1378.92 FEET TO A POINT IN THE ARC OF A CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF %35
59' 52 "; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 52.53 TO THE END OF SAID CURVE AND TO THE SAID LT NE
PARALLEL WITH THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 1; THENCE
SOUTH 3 0 54'55" WEST, A DISTANCE OF 115.37 FEET TO THE POINT OF BEGIN -
�NING.
CONTAINING 4.179 ACRES, MORE OR LESS.
WITNESSES: DEVELOP /
C � �
BY:
7
EXHIBIT "A"
16
Coconut Cove
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
13 $1,500.00 (5/8" Meters)* $19,500.00
* 5/8" meters may be used to service any single - family dwelling unit
without irrigation water supplied by the Village. Any dwelling unit
with irrigation, must have at a minimum, a 3/4" meter and will be
required to pay associated costs for same prior to connection of water
service to that unit. rr4 4 3�yiV -�j_. Mcj lgOO, ex, A 73
wa -�Te 14D0k;iq - Ta ised cnFp
ITEM II WATER SYSTEM CONTRIBUTIONS
The Developer shall install the following pipe, mains and
appurtenances thereto and dedicate same to the Utility. Said
installations are to be in accordance with the approved plans drawn by
Southern Design Group, Inc. Drawing No. 94018 sheets 1 through 8,
I dated November 22, 1994.
UTILITY COMPANY: , DEV O S
7 / r /
By. By:
Thomas G. Bradford G :
Village Manager
WL` SSES : WITNESSES: __._
EXHIBIT "B'
17
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