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CLART_DGE, OF ,TIJPTTFR TST AN TNC
NAME OF PROJECT
DEVELOPER AGREEMENT
THIS AGREEMENT made and entered into this 6th day of June
19 9 4 by and between, CLARIDGE OF JUPITER ISLAND, INC. 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
tt the occupants of the improvements on the Property will receive an
a quate 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.
(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
C - .. u u�11 Liow khLF ) Li1C equivalent number of residenria.i
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
1
RECORD AND RETURN TO:
JOHN C. RANDOLPH, ESQUIRE
JONES, FOSTER, JOHNSTON & STUBBS, P.A�� ;{ -4 . •�C
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WEST PALM BEACH, FLORIDA 33402 -3475 ClRB 8359 P'- 1 636
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NAME OF PROJECT
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.
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.
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CLARIDGE OF JUPITER ISLAND, Il`;C.
NAME OF PROJECT
5. Payment - Developer shall pay, in full, connection charges at the
time of execution hereof.
ORS 835-' Pe 163
6. Equivalent Residential Connections Reserved - The parties agree that
the capacity needed to provide service to the Property is 17 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
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 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.
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CLARIDGE OF JUPITER ISLAND. INC.
NAME OF PROJECT
5 .7�? Do
After the approval of plans, specifications an�'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 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).
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CT.ARTT)CTF OF ,TITPTTFR TST AND, INC.
NAME OF PROJECT
(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 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.
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CLARIDGE OF JUPITER ISLAND, IN
NAME OF PROJECT
(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 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.
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-
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CLARIDGE OF JUPITER, INC.
NAME OF PROJECT
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 a 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.
7
!LTC.
NAME OF PROJECT
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.
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:
'Al 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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CLARIDGE OF JUPITER Tar
NAME OF PROJECT
13. EXCLUSIVE RIGHT TO PROVIDE SERVICE beveToper, as ' d 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 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
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CLARIDGE OF .TTTPITEI� 121 4 Xl�, 1l4 .
NAME OF PROJECT
other, all notices provided for herein shall be in writing and by by
messenger, by mail or by telegram, and if to Developer, shall be mailed or
delivered to Developer at:
G�:_RT_BG__r OF - _11?1- ITERISLAND, INC
MA-,nN STMPSON, PRFSTDRNT
19951 RFAC H ROAT) TTTPTTFR 1 PI 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
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,
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CLARIDGE OF JUPITER ISLAND, INC.
NAME OF PROJECT
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 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.
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.
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ARE --515: P k P<:. I
CLARIDG
TqT
NAME OF PROJE T
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.
WITNESSES: THE UTILITY=
TEQUESTA WATER DEPARTMENT
P. 0. Box 3474
357 Tequesta Drive
Tequesta, Florida 33469
BY : `a-• -�
Thomas G. Brad ord
Village Manager
OWNER AND
DEVELOPER:
CLARIDGE OF JUPITER ISLAND, INC.
BY:
JOINDER & N 4t0NH4T D OF T PROPERTY
OWNER (If other than Developer):
(Please print /type name & title)
12
: 359 F 164
_ CLARIDGE OF JUPITER TST AWT), TN(
NAME OF PROJECT
MORTGAGEE JOINDER (If applicable)
BY:
(Please print /type n e & title)
- a - on
BY:
-�- // (Please print /type name & title)
FOR UTILITY:
STATE OF FLORIDA )
: ss
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this
�-� "`�- 19�►`l, by Thomas G. Bradford, Village Manager on behalf, o - f the
Utility. e' ✓,
Notary Public
My Commission Expires: State of Florida at large
FOR DEVELOPER: CARL R. RONERICK ..
f.. .= MY COMMISSION # CC 253099
STATE OF FLORIDA�Q�ro� �Iune.1947
p, °, a�'. Banded TWU NotNry Public tX*fflft"
: ss
COUNTY OF PALM BEACH )
he foregoing instrument was acknowledged before me this day
of L 19 q'7 by /� GI.SD/I 5r//�/ of
,a
co-r,1 drat or , on of the corporation.
Notary Public
FO 1 "JOINDER: State of Florida at large
Nofary Pub::c, State of Florida
STA.!'E-` OF FD0 RIDA ) My Comm. Exp. July 7, 1994
: ss
COUNTY OF PALM BEACH )
f�
The foregoing instrument was acknowledged before me this day
of v� 19 `/ ' by c r._, of
corporation, on behalf of the 6orporation.
Not y Public
My Commission Expires: State of lorida at large
Qt*"Y'�•• SHIRLEY NICHOLS
=* t? MY COMMISSION # CC361997 EXPIRES
ApdI2.1998
BONDED THRU TRAY FAIN INSURANCE, INC. 13
ORE 8359 Ps 1649
rT Rjp(;o n P TTIPT TQT ATT
NAME OF I CT
FOR PROPERTY OWNER:
STATE OF FLORIDA )
: ss
COUNTY OF PALM BEACH )
i
The foregoing instrument was acknowledged before me this � day
of 19 by 0/,5i1 //J/��Cr�+ of
a corporation, on behalf of the
corporation.
N'T Commission Expires: Notary Public
P State of F1Qrda .at large
y
14
nRE F35 F- - 6.15n
CLARIDGE OF JUPTTER TST AND , TN('
NAME OF PROJECT
PROPERTY DESCRIPTION
PLEASE SEE ATTACHED LEGAL DESCRIPTION
WITNESSES_ DEVELOPER:
BY:
U l=
i
EXHIBIT "A"
15
Akio
NEW
COMMENCING AT THE INTERSECTION OF THE PALM BEACH- MARTIN COUNTY LINE SUBJECT TO A 5.0 FOOT DOCK EASEMENT LYING IN SECTION 30, TOWNSHIP 40
AND THE WESTERLY RIGHT -OF -WAY LINE .OF STATE ROAD NO. 707, AS RECORDED SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF Si
IN ROAD PLAT BOOK 3, PAGE 40, PALM BEACH COUNTY, FLORIDA, PUBLIC EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
RECORDS; THENCE NORTH 89 °48'45" WEST, ALONG SAID PALM BEACH- MARTIN
COUNTY LINE, A DISTANCE OF 95.00 FEET TO THE INTERSECTION WITH THE COMMENCING AT THE INTERSECTION OF THE PALM BEACH - MARTIN COUNTY LINT
WESTERLY SHORE OF JUPITER ISLAND, AS LOCATED OCTOBER 1, 1992; AND BEING AND THE WESTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 707; THENCE NOR 11
THE POINT OF BEGINNING; THENCE 09 0 00'00" EAST, ALONG SAID WESTERLY 89 0 48'45" WEST (DESCRIPTION BEARING BASE), ALONG SAID PALM BEACH - MART
SHORE LINE, A DISTANCE OF 25.00 FEET, THENCE SOUTH 12 0 00'00" EAST, ALONG COUNTY LINE, A DISTANCE OF 95.00 FEET; THENCE SOUTH 09 °00'00" EAST, A
SAID SHORE LINE, A DISTANCE OF 20.00 FEET, THENCE SOUTH 20 0 00'00" EAST, DISTANCE OF 25.00 FEET; THENCE SOUTH 12 0 00'00" EAST, A DISTANCE OF 20.0c
ALONG SAID SHORE LINE, A DISTANCE OF 23.00 FEET; THENCE SOUTH 26 0 00'00" FEET; THENCE SOUTH 20 °00'00" EAST, A DISTANCE OF 12.85 FEET TO THE POIN
EAST, ALONG SAID SHORE LINE, A DISTANCE OF 29.82 FEET TO THE INTERSECTION OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 74 1) 20'01 " WEST, A DISTAN .
WITH A LINE 92.58 FEET SOUTH OF AND PARALLEL TO SAID PALM BEACH - MARTIN OF 64.30 FEET TO THE INTERSECTION WITH THE BULKHEAD LINE, AS RECORDED
COUNTY LINE; THENCE SOUTH 89 1 48'45" EAST, ALONG SAID PARALLEL LINE, A PLAT BOOK 27, PAGE 64, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; SAIp
DISTANCE OF 86.63 FEET TO THE INTERSECTION WITH SAID WESTERLY RIGHT-OF- POINT BEING THE POINT OF TERMINATION OF SAID CENTERLINE.
WAY LINE OF STATE_ ROAD 707, BEING A CURVE CONCAVE TO THE EAST, HAVING A
RADIUS OF 5779.58 FEET, AND A RADIAL LINE WHICH BEARS NORTH 76 0 58'06" CONTAINING 321.5 SQUARE FEET OR 0.007 ACRES, MORE OR LESS.
EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 01 0 42'04 ", A DISTANCE OF 171.59 FEET TO THE INTERSECTION WITH SUBJECT TO A 5.00 FOOT OCEAN INGRESS AND EGRESS EASEMENT LYING IN
THE SOUTH LINE OF SAID LOT 177; THENCE SOUTH 89 1 35'55" WEST, ALONG SAID SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
SOUTH LINE, A DISTANCE OF 151.39 FEET TO THE INTERSECTION WITH THE FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BULKHEAD LINE, AS RECORDED IN PLAT BOOK 27, PAGE 64, PALM BEACH COUNTY,
FLORIDA PUBLIC RECORDS; THENCE NORTH 16 1 21'41 " WEST ALONG SAID THE SOUTH 5.00 FEET OF THE NORTH 10.00 FEET OF THAT PART OF LOT 177,
BULKHEAD LINE, A DISTANCE OF 271.83 FEET TO THE INTERSECTION WITH SAID GOMEZ GRANT AND JUPITER ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 80,
PALM BEACH - MARTIN COUNTY LINE; THENCE SOUTH 89 0 48'45" EAST ALONG SAID PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS, LYING SOUTH OF THE PALM
PALM BEACH - MARTIN COUNTY LINE, A DISTANCE OF 71.15 FEET TO THE POINT OF BEACH - MARTIN COUNTY LINE AND EAST OF THE EASTERLY RIGHT -OF -WAY LINE OI
BEGINNING STATE ROAD NO. 707.
CONTAINING 1,765 SQUARE FEET OR 0.04 ACRES, MORE OR LESS.
ORB 83�Q Po 16'5;
T CLARIDGE OF JUPITER ISLAND, INC.
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
17 $3,930 $66,810
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 being Drawing No. 92 -727, sheets
3 through dated Oct. 30, 1993 as prepared by
M. B. Schorah and Associates.
UTILITY COMPANY: DEVELOPER:
By : �. 75 ' ' IP--�
By:
Thomas G. Bradford
Village Manager
WITNESSES: WITNESSES:
)21 z
EXHIBIT "B ,• ,, �
16
CLARIDGE OF JU PITER TST AT\7n TnTC
NAME OF PROJECT
LOCATION MAP
DRS 8359 Pe 1653
DMTHY H WILD
CLERK OF THE COURT - RE ("OUNT'i 5 r_
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LOCATION MAP I
WITNESSES: DEVELOPER:
EXHIBIT "C"
17