HomeMy WebLinkAboutAgreement_Water Service_10/10/1991_St. Jude's � t
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ST. JUDE'S -CATHOLIC CHURCH
NAME OF PROJECT
DEVELOPER AGREEMENT
THIS AGREEMENT made and entere ant 10th October
19 91 b MOST RE�Rh�TD °. t h i s d a o f
y and between, p ,Y, Rah h , �17CCPSr o ire ; a era ion so �cese of
hereinafter referred to as OWNER
hereinafter referred to as Utility. and Tequesta Water Department,
WHEREAS, OWNER owns or controls lands located in the Utility
service area, and described in Exhibit "A"
part hereof as if set t out in this paragraph hereto and made a
referred to as the "Prope paragraph and hereinafter
Property by er�cting th ereon ,y individually E meterederesidentiallun t he
commercial units, or a combination of these; and units,
for
WHEREAS, OWNER desires that the Utilit
OWNER'S Property herein described; and provide water service
WHEREAS, the Utility is willing to
p with
the provisions of this Agreement and TequestaoWater DepartmentnService
Policies, water service to the Property
applicable facilities so that the occupants ofathe improvementsoonrthe
- operty will receive an adequate water supply.
NOW, THEREFORE, for and in consideration of the
pre the
'futual undertakings and agreements herein contained and assumed,
OWNER and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are gi
Purpose of interpreting the terms as used in this Agreement the
unless the context indicates a different meaning: g pply
(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)II - A factor used to
convert a given average daily flow (ADF) to the equivalent number of
re 'dential connections. For this
o" Pu rpose equivalent residential connection the average daily flow of
D)• The number of ERC's contai( gallons per day
contained in a RC) is 350
dividing that ADF by 350 GPD, given ADF is determined by
(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,
on the consumer's side or discharge side ofltheowaterlmeter(s)lthat be
Will be utilized for delivery of water service.
The Utility shall, according to the terms and conditions
hereof, own all pipes and a
unless otherwise agreed upon. The to the point of delivery
Point of delivery shall belong to others. and appurtenances outside the
Page 1
� R ECORD AND RETURN TO:
)HN C. RANDOLPH, Esquire
Post Office Drawer "E"
West Palm Beach, Florida 33402 -3475
I
f
77_
ST. JUDE'S CATHOLIC CHU
NAME OF PROJECT
(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 OWNER 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
,liens
name of the legal title holders, the outstanding mortgages, taxes,
and covenants. The provisions of this paragraph are for the
purpose of evidencing OWNER'S legal right to
rights of service contained in this Agreementg grant the exclusive
4. Connection Chartres - In addition to the contribution of any
-r distribution system, where applicable, and further to induce the
lity to provide water service,
OWNER agrees to pay to
jeUtility,
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
OWNER making payment of same. The Utility shall not be obligated
to refund to OWNER 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 OWNER or any person or other entity holding any of
the Property by, through, or under OWNER
any present or future right, title, claim interest s in and l to h the
connection charges paid to the Utility.
Any user or consumer of water of water service shall not be
entitled to offset any bill or bills rendered by the Utility for such
sery OWNER
C. n ice or services against the connection charges paid.
sha not be entitled to offset the connection charges against any
or claims of the Utility including claims for breach of
c ract, damages, or charges of the like of the Utility.
5. Payment - OWNER 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 FIVE (5) equivalent residential connections (ERC's) for water
supply. OWNER agrees that the number of units of capacity
reserved hereby shall not exceed the number of units of development
for which capacity s reserved hereby pursuant to Exhibit
Page 2
__7 ; y_ 77 , fi = r }'_ e r
T. JU DE'S CATHOLIC CHURC
NAME OF PROJECT
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, OWNER 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.
OWNER 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
registered - in the in the State of Florida (Utilityewillnretainlfour
(4). sets), along with a copy of the final estimate of
q
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
be off -site facilities that may
constructed by OWNER or others and given to the Utilit
d-' plans may be limited to the first development phase onl Such
: Sequent phases may be furnished ch from time to time. Nowevery! each
Such
phase shall conform to a master
velopment of the Property and such master plan for the
the Utility concurrent with or Plan shall be submitted to
plans for the first develo development prior to submission of engineering
to modif p phase. OWNER reserves the right
y 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 OWNER
modifications or changes shall be borne by OWNER . OWNER
cause his engin er to submit specifications governing the material sh
be used and thi method and manner of installations. All such la
specifications and shop drawings submitted to the Utl meet
the minimum ility shalspecifications of the Utility and shall not be
unreasonably withheld. The Utility reserve the right to review the
revised Master Plan and recalculate the connec tion charges that are to
be paid by the OWNER at the time the revised Master Plan is
submitted. No construction shall commence until the
appr- )priate regulator Utility and
y agencies have approved such
spe plans and
rF �rned by a p fications in writing. When Permits and approved plans are
ppro r,iate regulatory agencies to OWNER. OWNER
shawl submit to the Utility one copy of water
plans. If construction commences permit(s) and approved
q 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
eveloper until such time as OWNER obtains such required a
and the Utility has witnessed all of its requiredinspecti v
inspections and
tests.
After the approval of plans, specifications and shop drawings by
the Utility and appropriate regulatory agencies,
angineer of record, shall conduct a OWNER or the
engineer of record utility contractoonstrauction conference with
Dfficial(s), all other utility companies involvedrin t h e e building
Df the Property, and Tequesta Water Department, n the development
Page 3
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01.3 7048:Ps
ST. JUDE'S CATHOLIC CHURCH
NAME OF PROJECT
OWNER shall provide to the Utility's inspector a minimum of
forty -eight (48) hours notice, excluding weekends and holidays, prior
to' commencement of construction.
constructed, at OWNER shall cause to be
distribution system as ER'S on thews cost and expense, the water
approved plans and specifications.
OWNER
During the construction of the water distribution system by
the Utility shall have the right to inspect such
installations to determine compliance with the approved plans and
specifications. 7�he Utility engineer of record and utility contractor
shall, be present for all standard tests for pres, line and grade, infiltration and all other customary s
to determine that the systems have been installed in accordance with
the approved plans and specifications, ood en l
American Water Works Association criteria well neer
other
state and local regulations which are applicable.
Upon completion of construction, OWNER'S A
ipti su bmit to thE- Utilit y ned a si co ngineer of record
etion submitted to thea g Py of the Certification of
he bactermitt PPropriate regulatory agencies. A copy
sam le gical results and a sketch showing locations of all
P 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, OWNER hereby covenants to transfer to the
Utility title to all water distribution systems installed by OWNER
or OWNER'S contractor shown in Exhibit B
" of this Agreement
dealing with those
Potable water supply facilities that will be
transferred from OWNER to the Utilit
of the Agreement. Such conveyance shall ,
take the r time l 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, OWNER shall:
(A) Convey to the Utility by notarized bill of
'at' >factory to Utilit' sale in form
s counsel, the water distribution system
'_i y
:d in Exhibit "B" as constructed by approved by
ltility. OWNER and
B) Provide Utility with copies of invoices from contractor for
.nstallation of the utility systems being 'ompany, including engineering design and inspectionlfeesdsotp Service
paid.
C) Furnish proof satisfactory to the Utility that the installation
f the facilities and all contractors, subcontractors, materialmen,
aborers and engineers have been paid in full (i.e.: by release of
ien or other appropriate means.
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L 7048 } ' =. j 1 Tr i.i
ST. JUDE'S CATHOLIC CHURCH
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, OWNER shall assign any and all warranties
and /or maintenance bonds and the rights to enforce same to the Utility
which OWNER obtains from any contractor constructing the water
system. OWNER shall remain secondarily liable on such
warranties. if OWNER does not obtain such written warranty and /or
maintenance bond from its contractor and deliver same to the Utility,
which warranty and /or maintenance bond shall be for a minimum period
of one (1) year, then in such event, OWNER r by the terms of the
Agreement covenants to idemnify 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
a parts manuals.
Further cause to be conveyed to the Utility, free and clear of
1 encumbrances, all utility easements and rights -of -way covering
areas in which water systems are installed, or otherwise required, in
recordable form satifsactory 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 OWNER
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, OWNER shall retain ownership and the obligation for
maintenance of such on -site water facilities located on the discharge
sj'' of a master meter located on the consumer's side of the point of
d very.
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 OWNER for the use of several consumers within the on -site
facilities, the developer shall be required to:
(A) Maintain water quality at each individual outlet with is in
compliance with all primary and secondary standards promulgated by the
Florida Department of Environmental Regulation, or County Health
Department. At no time shall such water quality standards be required
to be in excess of those attained at the Utility's point of delivery
to other master meter.
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ST. .TIME'S CATHOLIC CHURC
NAME OF PROJECT
(B) Institute a program of line flushing in order to help in
the reduction of sedimentary deposits in the OWNER'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
OWNER shall provide the Utility a minimum of 48 hours notice of
the time and place of such flushing. The Utility shall send its
representative to observe such flushings and record the amount of
water used for that purpose as indicated by the master meter.
OW NER 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 �e conducted in accordance with the provisions of the
Utility's approv d ordinances and /or policies.
(C) OWNER shall be responsible for maintaining all on -site
ter facilities in accordance with reasonably prudent engineering
standards. The Utility shall have the right to inspect the facilities
of the OWNER during reasonable business hours upon 24 hours notice
to the OWNER If the Utility determines that the OWNER 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 OWNER shall have twenty (20) days or such other time as is
reasonable 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 nonpayment of bills.
8. OFF -SITE INSTALLATION - OWNER may be required to
construct, at his sole expense,certain off -site water facilities in
order to connect OWNER'S on -site facilities to the Utility's
existing water system. In addition, OWNER dedicate all or a portion of said off site water may
Utility for ownership, maintenance and operation.
All provisions in Section 8 above, entitled On -Site
stallations, pertaining to specifications, plans, permits and
approvals shall also be applicable to all off -site water facilities
construction.
9. EASEMENTS - OWNER 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. OWNER shall obtain any and all necessary
Page 6
s
ST. JUDE'S CATHOLIC CHURCH
NAME OF PROJECT
off -site easements that may be required in order to carry out the
terms, conditions and intent hereof, at OWNER'S expense, and
shall, convey same to the Utility in accordance with this paragraph.
Mortgagees, if any, holding prior liens on the Property shall be
required to release such liens, subordinate their position or join in
the grant or dedication of the easements or rights -of -way, or give to
the Utility assurance by way of "nondisturbance 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.
OWNER hereby further agrees that the foregoing grants or
promises of grants include the necessary right of ingress and egress
0 any part of the Property upon which the Utility is constructing or
crating such facilities: That the foregoing grants shall be for
ch period of time as the Utility or its successors or assigns
equire such rights, privileges or easements in the construction,
ownership, maintenance, operation or expansion of water facilities,
that in the event OWNER 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
or the owners shall grant to the Utility,without NER
cost or ex
the Utility, expense to
the necessary easement or easements for such "private
property" installation; provided, all such "private
installations by the Utility shall be made in such a manner as
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, s� 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 OWNER will give if same is within
I reasonable power to do so. The use of easements granted by
OWNER-to the - Village 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 OWNER 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 the water industry with respect to the installation and
maintenance of all its facilities in any of the easement areas.
However, this provision shall not be construed so as tc require the
Utility to restore those improvements constructed, installed or
planted within the utility easement which are not in accordance with
the established and generally accepted practices of the water industry
with respect to the use of utility easements.
Page 7
J s � 4 8 a i�t
S T. JUDE'S CATHOLIC CHURC
NAME OF PROJECT
(10) AGREEMENT TO SERVE - Upon the completion of construction of
the on -site and off -site water facilities required hereunder by
OWNER 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 OWNER 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 OWNER 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
4? nd rate schedules, water service to the Property in a manner to
onform with all requirements of the applicable governmental authority
having jurisdiction over the operations of the Utility.
(11) APPLICATION FOR SERVICE: CONSUMER INSTALLATIONS -
OWNER 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 s ervice, 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 OWNER 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) App]ication for the installation of water meters shall be
_.ode seventy -tw (72) hours in advance, not including Saturdays,
Sundays and holidays.
(C) All consumer installation connections must be inspected by
the Utility before backfilling and covering of any pipes.
(D) Notice to the Utility requesting an inspection of a consumer
installation connection may be given by the plumber or OWNER , 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.
-
������ - �����x�x�€���ix���ixlx�tx
Page 9 8
7?z. 704
ST. JUDE'S CATHOLIC CHURC
NAME OF PROJECT
If the Utility fails to inspect the consumer installation connection
within forty -eight (48) hours after such inspection is requested by
OWNER or the owner of any parcel, OWNER 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.
(E) If the OWNER does not comply with the foregoing
inspection provisions, the Utility may refuse service to a connection
that has not been inspected until OWNER complies with these
provisions.
(r) The cost of constructing, operating, repairing or
maintaining consumer installations shall be that of OWNER or a
party other than the Utility.
(12) THE UTILITY'S EXCLUSIVE RIGHT TO UTILITY FACILITIES -
agrees with the Utility that all water facilities accepted
_�y the Utility in connection with providing water service to the
Property (including fire service), shall at all times remain in the
4? 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.
(13) EXCLUSIVE RIGHT TO PROVIDE SERVICE - OWNER as a
further and essential consideration of the Agreement, agrees that
OWNER or the successors and assigns of OWNER , shall not (the
words "shall not" being 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 9 g 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
id to the occupants of such residence, building or unit constructed
.iereon.
(14) • RATES - The Utility agrees that the rates to be charged to
OWNER 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 OWNER 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.
Page 9
� S
ST- ,1 uDES'S CATHOLIC CHURCH
NAME OF PROJECT
Notwithstanding any provision in this Agreement, the Utility may
establish, amend or revise,
enforce rules from time to time, in the future, and
and regulations covering water service to the Property.
However, all such rules and regulations so established b
shall at all times be reasonable and subject to such re ulations as
may be provided by law or contract. g Ions as
Any such initial or future increased rates, rate schedules
rules and regulations established
the Utility from time to time in theafuture °r revised and enforced by
a
be binding upon OWNER , as provided b Y law shall
throu h % upon any person or other entit
g or under OWNER ; and upon an Y holding by,
service provided to the Property b Y user or consumer of the water
Y the Utility.
(15) BINDING EFFECT AGR
binding upon and shall inure t E benefit of This Agreement shall be
the
and their respective assigns and successors b OWNER
, the Utility
Y merger,consolidation,
veyance or otherwise
eement subject to the terms and conditions of this
as contained herein. OWNER understands and agrees that
I Pacity reserved hereunder
cannot
to Third Parties withouttheawrittenlconsent of the Ut'
R not be assigned by
C
e ept in the case of a bona fide sale of OWNE pit R'S y,
Property
limitation, the assignment of Prot , or
other valid transfer or per
proceeding such as mortgage
transfer or assignment of the Property without
a judicial
assignment g foreclosure aora result of
for the purposes of obtainin financin sale, and
the OWNER shall g g. In any such case,
or partial assignment provide a Notice or evidence of such assignment,
Utility shall as the case may be, to the Utilit
have the right to rene otiate the terms Y and the
Agreement with assignee or g
shall
transfer, or assignment Such approval unreasonably wit to this
to sale,
herein shall preclude sales of Y hheld.
individual units and assignment of rights of water service
pertaining thereto.
(16) NOTICE - Until further written notice b to
the other, all notices y either
y
transmitted provided for herein shall be in writing provid and
shall be b y messenger, by mail or b
mailed or delivered to Y telegram, and if to
OWNER at:
9995 N Military Trail
Palm Beach Gardens, FL 33410
Attn Patrick Molamphy
nd if to the Utility, at:
Tequesta Water Department
357 Tequesta Drive
Tequesta, FL 33469
Attn: Water System Manager
(17) LAWS OF FLORIDA
of Floridahlandgite
sws of the State shall shall ebe
governed by the
nmediatel
Y upon execution by both come effective
)Proval which must be obtained h parties hereto, subject to an
�plicable, governmental authority, if
Page 10
ST_ UDE 'S CATHO TC CHURC
NAME OF PROJECT
( COSTS AND ATTORNEY'S FEES - In the event the Utility or
OTATNEF, are required to enforce this Agreement by Court proceedings
or otherwise, by instituting suit or otherwise,
party shall be entitled to recover from the other the the prevailing
incurred, including reasonable attorney's fees. Party all costs
(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,
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
4tudg ment ernmental authority or commissi or on or board or agency or agent or
icial or officer, the enactment of any statute or ordinance or
olution or regulation or rule or ruling or order or decree or
or restraining order or injunction of any court, said party
shall not be liable for such nonperformance.
(20) INDEMNIFICATION
the Utility OWNER agrees to indemnify and hold
harmless from and against any and all liabilities, claims,
damages, costs and expenses (including reasonable attorney's fees) to
which the Utilit may become subject by reason of or arising out of
OWNER'S brea ,rh or nonperformance of this Agreement.
indemnification provision shall survive the actual connection to
Utility's water system.
MISCELLANEOUS PROVISIONS
(21) This Agreement supersedes all ious representations, either verbal or written ,Prheretoforereineneffect or
between OWNER and the Utility,
herein contained, and when dul constitutes matters
agreement between OWNER
al or variations of the d terms of shall n be
v -d, 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 OWNER oe not development of the Property within twelve months from date forward
this with
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.
Page 11
IR 7048 P-
ST_ .111DE S C'ATBOT TC' CTTiTRru
NAME OF PROJECT
(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 OWNER does not constitute an offer aid becomes effective only
upon execution thereof by the Utility.
(26) Notwithstanding the gallonage calculations that could be
made hereunder relative to ERC's, b y
agrees that the intention of this Agreementtisntoereserve OWNER
number of units of capacity for the given
and not for purposes of any other calcuulattions_ described in Exhibit "A"
(27 It is agreed by and between the parties hereto that all
vo terms and conditions contained herein are to be read. in
=° rt, each with the other, and that a
ing may be considered to be equally the
contained under one
interpretation of the Agreement. applicable under another in
( The parties hereto recognize that
itility may actually commence upon a Prior to the time the
nd conditions of this Program to carry out the terms
obtain a Agreement, the Utility may be required to
approval from various state and local governmental authorities
,awing jurisdiction and regulator
aintenance Y power over the construction,
ill nance,ntand operationeof the Utility. The Utility agrees that is
ake the necessar y' at OWNER S sole cost and expense,
ake ties and will and proper applications to all governmental
is best Pursue the same to the end and that it will use
efforts to obtain such approval.
nd expense, agrees to provide necessary assistance Utility cost own
btaining the approvals provided for herein.
( Regardless of where executed,
)nstrued according to the laws of the State of thi shall be
(30) In the event that relocation of existing water and s
A :ies are necessary for the ewer
ie Utility in full for such relocations OWNER OWNER will reimburse
(31) The Utility shall, at all reasonable times and hours
e right of inspection of , have internal lines and facilities.
is provision shall be binding Eonsthe successors and assigns of the
(32) There shall be no liability whatsoever on the Utility for
ilure to deliver water service to
eds or schedules, g OWNER according to OWNER '
This 'S
ith and not a timetable for deliverytofcutilitytservic
Promise of good
es.
(33) Each party hereby agrees to grant
i provide such additional documents as may beu required ereachubanthe
ier, in order to carry out the terms, conditions and c Y
>ress intention of this Agreement. co'
with the
Page 12
- -r 0 —sue
ST. JUDE'S CATHOLIC CHURC
NAME OF PROJECT
(34) The OWNER will be invoiced for reimbursable expenses by
the Utility. These expenses will include but not be limited to:
Utility Engineer expenses, secretary time, computer time, plan review
and inspection fees.
Page 13
,n 7048 Ps 7 7
ST JUDE'S CATHOLIC CHURC
NAME OF PROJECT
IN WITNESS WHEREOF, OWNER 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.O. Box 3474
357 Tequesta Drive
Tequesta, FL 33469
BY.
Thomas G. Bradford,
Village Manager
OWNER:
The Most Reverend J. Keith Symons,
as Bishop of the Diocese of Palm Beach,
his successors in office, a corporation sole.
BY f
JOINDER AND CONSENT OF PROPERTY
OWNER ( if other than OWNER )
(Please print /type name & title)
MORTGAGEE JOINDER (if applicable)
BY
(Please print /type name & title)
BY
(Please print /type name & title)
Page 14
LOM
7 0' 8 �s
ST. JUDE'S CATHOLIC CHUR
NAME OF PROJECT
FOR UTILITY•
STATE OF FLORIDA ss
COUNTY OF PALM BEACH
The oregoing instrument was acknowledged bef". me
this day of —7 b
14
Thomas G. Bradford, Village Manage ✓ on behalf of"t ti
NOTARY PUBLIC STA OF FLORIDA
MY COMMISSION EXP. OCT.26,1994 Notary P u c.
My Commission Expires: BONDED THRU GENERAL INS. UND._ State o. F a. at large
F O R OWNER
STATE OF FLORIDA ss
it TY OF PALM BEACH
The foregoing instrument was acknowledged before me
this ono day of 6C4 19 91
by the Most Reverend J. Keith Symons, as Bishop of the Diocese of Palm Beach, his successors
in office, a corporation sole.
Notary Public
State of Florida at Large
my Commission E Fires:
January 3,1995 N t a r y Pub
State of Fla. s t.0 irge�-
FOR MORGAGEE JOINDER:
STATE OF FLORIDA ss
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this day of 19
by of
::o.L,,oration, on behalf of the corporation.
Notary Public
ly Commission Expires: State of Fla. at large
1OR PROPERTY OWNER:
STATE OF FLORIDA ss
)
:OUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
:his day of
:)y 19 ,
of
3 corporation, on behalf of the corporation.
Notary Public
'iy mmission Expires: State of Fla. at large
Page 15
ST. JUDE'S CATHOLIC CHU
NAME OF PROJECT
PROPERTY DESCRIPTION
A parcel of land in Gov't Lot Two (2) of Sec. 30, Twp. 40S, Range
43E, palm Beach County, Florida, more particularly described as
follows:
Beginning at a point in the south line of said Gov't. Lot 2, being
800' west of the center line of the right of way of State Road No.
•5 (U.S: Highway No. 1) according to the Florida State Road Right of
Way map thereof on file in the office of the Clerk of the Circuit
Court, in and for Palm Beach County, Fla., recorded in Road Plat
Book 2, pp. 43 through 56, inclusive; thence northerly, making an.
angle with the preceding course, measured from east to north of
107 a distance of 223.05'; thence northerly making an angle
with the preceding course measured from south through east to north,
of 162 a distance of 479.84' more or less, to a point in a line
parallel to and 50' south of the south line of land described in
Deed recorded in Deed Book 1097, p. 379, Palm Beach County Records
on file in the office of the Clerk of the Circuit Court, in and for
Palm Beach Co., Fla; thence westerly at right angles to the
preceding course and along said parallel line a distance of 304'; thence
southerly, at right angles to the preceding course, a distance of
695.54 more or less, to the South line of Gov't Lot 2; thence
easterly along said south line of Gov't. Lot.2, a distance of 371.33'
to the point of beginning.
OWNER:
The Dbst Reverend J. Keith Symons,
WITNESSES: as Bishop of the Diocese of Palm Beach
his successors in office, a corporatic
i Bole
EXHIBIT "A"
Page 16
ST. JUDE'S CATHOLIC CHURCH
NAME OF PROJECT
CONNECTION CHARGES
The OWNER 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 OAR 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
Facility Charges,. OWNER'S share of Water
TOTAL ERC'S CHARGE PER ERC
0 TOTAL CHARGES
5 $1,500.00
$7,500.00
FORMULA: 600 seats x 3 gpd /seat = 1,800 gpd ADF.1800 350 gallons (1 ERC) = 5 ERCs
SECURITY DEPOSIT FOR 1" METER: $47.25
METER SIZE UPGRADE: 1" $55.00
TOTAL CHARGES: $7,500.00
47.25
55.00
$7,602.25
EXHIBIT "B"
Page 17
1
ST_ 111DE'S QA'1'1 - Q C11U
NAME OF PROJECT
KHIBIT "B" (CONTINUED)
rEM II WATER SYSTEM CONTRIBUTIONS
The OWNER shall install the following pipe, mains and
ppurtenances thereto and dedicate same to the Utility. Said
nstallations are to be in accordance with the approved plans drawn by
eing Drawing No. , sheets C4 through C5 dated 10/22/91
As prepared by Timothy J. Messler, Inc., consulting engineers, including the
attached dedicated utility easement.
OWNER:
TILI,1y--gseMPANY • The Nbst: Reverend J. Keith Symons, as Bishop
�' g of the Diocese of Palm Beach, his successors
in office, a corporation sole.
Y By . .
homas G. Bradford, ill e Manager 4- ,+ �
ITNES ES: WITNESSES:
i
xeJ
EXHIBIT "B"
Page 18
ST. JUDE' S CATHOLIC_CHU
NAME OF PROJECT
LOCATION MAP
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VICINITY MAP
OWNER:
The Most Reverend J. Keith Symons, as Bishop
I THE S S E S : of the Diocese of Palm Beach, his successors
in office, a corporation sole.
By
EXHIBIT
Page 19
n
cAST-NEST QUARTER SECTION LINE POINT OF
f` 1055" COMMENCEMENT
R i
N � N
= 9
s 1
O �
o Ir s
c�
a c . END OF = se
N i S° ASEMENT m ''
ca Z
M
TZ o GT. J Wee CHURCH OF TEQUE6TA p
N : `•7 G)ft
N y
aG) mV o-n
b _ I
j CD I END OF
a ,uiI l I EASEMENT
L CENTERLINE OF 10' EASEMENT !, ( 0,0 _ _ _ 605.00' L� X I
r - 10.00' �9 1145'
m 1 -. sEt� z+t T
AND
LEGAL DESCRIPTION
A UTILITY EASEMENT TO TEQUESTA WATER DEPARTMENT IN SECTION 30, BEGIN AT SAID POINT "B "; THENCE NORTHERLY, PERPENDICULAR TO
TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, SAID QUARTER SECTION LINE, FOR 55.00 FEET TO THE END OF SAID
10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE CENTERLINE.
FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE INTERSECTION OF THE EXISTING WEST RIGHT -OF -WAY OF AND
STATE ROAD 5 WITH THE EAST -WEST QUARTER SECTION LINE OF SAID SECTION
B
30; THENCE WESTERLY, ALONG SAID QUARTER SECTION LINE. FOR 1055.00 AIDQUARTER D SECTION LINE, T FOR C 10.00 FEET Y TO P THE E END C OF A SAID
FEET; THENCE SOUTHERLY, PERPENDICULAR TO SAID QUARTER SECTION LINE, CENTERLINE.
FOR 390.00 FEET TO THE POINT OF BEGINNING;
THENCE EASTERLY, PARALLEL WITH SAID QUARTER SECTION LINE, FOR
398.60 FEET TO POINT "A "; THENCE CONTINUE EASTERLY, PARALLEL WITH
SAID QUARTER SECTION LINE, FOR 605.00 FEET TO POINT "B ";
THENCE CONTINUE EASTERLY, PARALLEL WITH SAID QUARTER SECTION LINE, 5URUEYDR_S CERIIE1WE
FOR 140.00 FEET TO THE SAID WEST RIGHT -OF -WAY AND THE END OF SAID WE HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION AND SKETCH
CENTERLINE.
MEET THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORID
I I AND BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 21HH -6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES.
BEGIN AT SAID POINT "A "; THENCE NORTHERLY. PERPENDICULAR TO SAID SKETCH IS NOT A SURVEY.
SAID QUARTER SECTION LINE, FOR 155.00 FEET; THENCE NORTHEASTERLY, TIMOTHY .1: MESSLER.•INC.
� ; AT AN ANGLE OF 45 FROM THE PREVIOUS COURSE, FOR 30.00 FEET TO THE - _- - ----------- -
�y END OF SAID CENTERLINE MARK' 0. eROOKs
N PROFESSIONAL LAND SURVEYOR
I STATE OF FLORIDA NO. 3426