HomeMy WebLinkAboutAgreement_Water Service_10/10/1991 %za 1 —
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ST. JUDE'S -CATHOLIC CHURCH
NAME OF PROJECT
DEVELOPER AGREEMENT
THIS AGREEMENT made and entere 10th
V c
, THE MOST R%RWc�.this day of October
19 91
by and between KEITH as Bish
ion o e
hereinafter referred to as UWNER a cO �Mra so
of
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 "All, attached hereto and made a
to as
part hereof as
referred if fully set Out in this paragraph and hereinafter
Property by er cting thereon, 4 the "Property" and OWNER intends to develop the
individually metered residential units,
commercial units', or a combination of these; and
WHEREAS, OWNER desires that the
for Utility provide water service
OWNER'S Property herein described; and
the WHEREAS, the Utility is willing to
p ride, in with
provisions of this Agreement and Tequespta ov Water Department accordance Service
Policies, water service to the Property and thereafter
applicable facilities so that the occupants of the improvements operate on the
- operty will receive an adequate water supply.
NOW, THEREFORE, for and in consideration of the premises, the
InUtual 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 de finitions and references are given
purpose Of interpreting the terms as used in this Agreement and for a the
pply
unless the context indicates a different meaning:
(A) "C ONSUMER 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
re convert a given average daily flow (ADF) to the equivalent number of
ential connections. For this Purpose the average daily flow o f
equivalent residential connection (ERC) is 350 gallons per day
The number of ERC's contained in a n ADF is determined by
divi that ADF by 350 GPD. give
meter(s)
(D) of "P "PO he INT Uti li DELIVERY" - The Point where the water lines or
consumer, y are connected with the water lines of the
on the consumer Unless s oside therwise indicated, the Point of delivery shall be
or discharge side o
will be utilized for delivery of water service. f the water meter(s) that
The Utility shall, according to the terms and conditions
hereof own all Pipes and a
unless otherwise agreed upon. ppurtenances to the Point of delivery
Pipes
point of delivery shall belong to The 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
3 :u '
p`Fyt7 ; 7 d
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
name of the legal title holders, the outstanding mortgages, taxes,
.liens, and covenants. The provisions of this paragraph are for the
purpose of evidencing OWNER'S legal right to grant the exclusive
rights of service contained in this Agreement.
4. Connection Charges - In addition to the contribution of any
_r distribution system, where applicable, and further to induce .the
lity to provide water service,
le Utility, hereby agrees to pay to
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
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
service or services against the connection charges paid. OWNER
Shp not be entitled to offset the connection charges against any
C. :m 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 is reserved hereby pursuant to Exhibit
Page 2
! i..�'''�' f 8
T. JU DE'S CATHOLIC CHURC
NAME OF PROJECT
7. On -Site Installation - To induce the Utilit to
water treatment facilities, and to continuous) Y provide the
located on the Property with water service, unless otherwisecprovided
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 Utilit
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 OWNER or others and given to the Utilit
d- 1- ailed plans may be limited to the first development phase onl Such
Sequent phases may Y, and
Y be furnished from time to time. However,"each
ch development 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 ment 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 existin
modification, shall submit four (4) copies of the c modified plan to on
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 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 OWNER at the time the revised Master Plan is
submitted. No construction shall commence until the Utility and
appr- 1priate regulatory agencies have approved such
spe _fications in writing. When Plans and
z" P Permits and approved plans are
:rned by appropr r.iate regulatory agencies to OWNER. OWNER
shdil submit to the Utility one copy of water
plans. If construction commences permit(s) and approved
other approvals required hereunder such to all such approvals and any
responsibility to accept such lines or facilities, and the may
elect to terminate this Agreement and /or not provide service to
eveloper until such time as OWNER obtains such required appro
and the Utility has witnessed all of its inspections vals
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 contractor, aapp ron conference with
Dfficial(s), all other utility companies involved r r buildin
nthe
)f the Property, and Tequesta Water Department.
Page 3
i
i +
•` 4? S 7 048 S` � - f
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
OWNER'S own cost and expense, the water
distribution system as shown on the approved plans and specifications.
OWNER
During the construction of the water distribution system by
the Utility shall have the right to
installations t inspect such
compliance with the approved plans and
specifications.
�determine
he Utility engineer of record and utility contractor
shall be present for all standard tests for pre, line and grade, infiltration and all other customary ss
to determine that the systems have been installed in accordance with
the approved plans and specifications, good engineerin
American Water Works Association criteria as well as other Pract
state and local regulations which are applicable.
Upon completion of construction, OWNER'S e
s 1 submit to the Utility signed o ngineer of record
. letion submitted to thea g PY of the Certification of
the bacter 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 " of this Agreement
dealing with those potable water sup ply
transferred from PP Y facilities "that will be
t the A reement. OWNER to the Utility, pursuant to the provisions
g 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, OWNER shall:
(A) Convey to the Utility by notarized bill of
;at'ifactory to Utility's sale in form
counsel, the water distribution system
_i :d in Exhibit "B" as constructed by
1ti.Li.ty. OWNER and approved by
B) Provide Utility with copies of invoices from contractor for
.nstallation of the utility systems bein 'ompany, including engineering design and inspectionlfees dsotp 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.
Page 4
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
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.
Page 5
7le:i' 7048 i_ 1' f f
ST- .TiTDW S CATTjnT TC f NTTRr
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.
OWNER 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 approv d ordinances and /or policies.
(C) OWNER shall be responsible for maintaining all on -site
ter facilities in accordance with reasonably prudent engineering
41SItandards. 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 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
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 Utilit y
,
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
to i 7048 , 9
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
gyrating 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 OWNER
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
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
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
ORBS 71048 Pq 783
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 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 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
_ade 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
the inspection will be made within twenty-four d
including Saturdays, Sundays and holidays, (2 hours, not
s,
and backflow Y provided the water meter
preventer have been previously installed.
-
������ - ������x�€���ix�.��ixlx�tx
Page
8
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
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 9 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
OBIS 70-4+8 :Ps- 78-3
Sl- ,- J UDES'S CATHOLIC CHURCH
NAME OF PROJECT
Notwithstanding any provision in this Agreement, the Utility ma
establish, amend or
enforce revise, from time to time, in the future, and
rules and regulations covering water service to the Property.
However, all such rules and regulations so established by the U
shall at all times be reasonable and subject to such regulat'
tility
provided by law or contract. ions as
may be
Any such initial or future increased rates, rate schedules
a
rules and regulations established
the Utilit amended or revised and enforced by
Y from time to time in the future, as
be binding upon OWNER provided b
through or under ; upon any person or other entit Y law shall
OWNER ; and upon any user or consumeryofothenwater
service provided to the Property by the Utility.
(15) BINDING EFFECT OF MEN _
binding upon and shall inure to theEbenefit Of This Agreement shall be
and their respective assigns and successors b OWNER the Utility
veyance or otherwise subject Y merger consolidation,
eement to the terms and conditions of this
as contained herein. OWNER understands and agrees that
4 p reserved hereunder
to Third Parties withoutotheawrittenlconsent of the Utilit by
exQceP in the case of a bona fide sale of OW pty,
other valid transfer NER'S Property,
limitation, the ° r assignment of Propert °r
transfer or assignment the Propertcluding without
of
a judicial proceeding
° r sale, and
assignment such as mortgage foreclosure as a result of
for the purposes
the of obtaining financing OWNER shall such case,
or partial provide a Notice or evidence of such yassignment,
assignment as the case
Utility shall have the may be, to the Utility and the
Agreement with right to renegotiate the
transfer, assignee or the transferee. terms of this
approval
assignment shall not be unreasonablchwitthheld. to sale,
or
herein shall preclude sales y
rights of water service pertaining individual units and assignment
l of
pertaining thereto.
the
(16) NOTICE - Until further written notice b other, all notices
transmitted b provided for herein shall beeinhwritinty to
shall be y messenger, by mail or by telegram, and if to g and
mailed or delivered 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
iws - This A
Of the State of Agreement shall be
nmediatel Florida and it shall be and beccomen by the
Y effective
upon execution by both
)proval which must be obtained parties hereto, subject to an
)plicable, from governmental authority, if
Page 10
?048 R_
ST TTTDF,' c C;ATHOI IC CHURC
NAME OF PROJECT
( COSTS AND ATTORNEY'S FEES - In the event the Utility or
OWNER are required to enforce this Agreement by Court proceedings
or otherwise, by instituting suit or otherwise, then the
party shall be entitled to recover from the other 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
in consequence of any cause beyond the control oforthetUtility,d
including but not limited to acts of God or of the public enemy,
national emergency, allocation war,
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 an
4tudg ment ernmental authority or commission or board r or e agency or u agent or 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
shall not be liable for such nonperformance. party
( INDEMNIFICATION
the Utilit 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 breach or nonperformance of this Agreemen
indemnification provision shall survive the actual connection to
Utility's water system. the
MISCELLANEOUS PROVISIONS
(21) This Agreement supersedes all
representations, either verbal or written, hereto ereto agreements or
between OWNER fore in effect
and the Utility, made with respect to the matters
herein contained, and when duly executed,fully constitutes the
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
others. shall each include the
Page 11
704,81 Ps? 785
ST_ .TTTT)F' S ('ATNnT Tf (�T'iTR('T7
NAME OF PROJECT
(24) Exhibits mentioned herein have been signed or initialed by
the duly authorized officers
hereto and are hereby incorporated ghereinob reference and made
hereof as fully as if set forth herein. Y part
by
(25) The submission of this Developer Agreement for examination
OWNER does not constitute an offer avid 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,
agrees that the intention of this Agreement is to reserve aWNER
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
ao terms and conditions contained herein are to be read. in
' rt, each with the other, and that a
.iprovision contained under one
ng may be considered to be equally
interpretation of the Agreement. applicable under another in
( The parties hereto recognize that
upon a Prior to the tim
itility may actually commence e the
nd conditions of this Agreement program to carry out the terms
lbtain approval from various state�andhlocalllie may be required to
.awing jurisdiction and regulator governmental authorities
Y power over the construction,
aintenance
and operation of the Utility. The Utility agrees that is
ill diligently and earnestly, at OWNER'S sole cost and expense,
ake the Proper applications to all governmental
and will pursue the same to the end and that it will use
is best efforts to obtain such a
nd ex ense g Pproval. OWNER at his own cost
P a rees to provide necessary assistance to the Utility in
btaining the approvals provided for herein.
( Regardless of where executed,
�nstrued according to the laws of the State oftFloridareement shall be
(30) In the event that relocation of existing water and
=i :ies are necessary for the sewer
Le Utility in full for such relocations. OWNER will reimburse
(31) The Utility shall, at all reasonable times and hours
inspection of , have
e right io internal lines and facilities.
is provision shall be bind ing Eonsthe successors and assigns of the
(32) There shall be no liability whatsoever on the Utility for
ilure to deliver water service to
eds h
or schedules, g OWNER according to OWNER'S
ith and not a timetable for utility titutes promise services of good
(33) Each party hereby agrees to grant
i provide such additional documents as may be uir(;,d assurances
ier, in order to carry out the terms q d' each by the
)ress intention of this Agreement. conditions and comply with the
Page 12
7048 P
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
ORE 7048 Ps 787
U. 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
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
J UDE'S CATHOLIC CHUR
FOR UTILITY• NAME OF PROJECT
STATE OF FLORIDA ss
COUNTY OF PALM BEACH
The foregoing instrument was_ acknowledged before me
this day of /.���r 30 d'�, by
Thomas G. Bradford, Village Manage on behalf of " th tilt __ f
NOTARY PUBLIC STA :OF FLORIDA x
MY COMMISSION EXP, OCT.26,1 994 Notary
P u �, c
My Commission Expires: BONDED THRU GENERAL INS, UND._ State of F !A. at large
F O R OWNER
STATE OF FLORIDA ss
)
CC 1TY OF PALM BEACH
The foregoing instrument was acknowledged before me
this .) knot d of 6CAO a , 19 9 ,
by the Most Reverend J. Keith Symons, as Bishop of the Diocese of Palm Beach, his successors
in office, a corporation sole.
Nat2;y r , U;
State of FJ -71da at U119e .
My Cx7r^m ss's s Ez s A_.
jannry 3, IS�5 N tary Public
State of Fla. at.1 -:arge
FOR MORGAGEE JOINDER:
STATE OF FLORIDA ss
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this day of 1
b y of
to
coi,,oration, on behalf of the corporation.
Notary Public
AMY Commission Expires: State of Fla. at large
FOR PROPERTY OWNER:
STATE OF FLORIDA ss
)
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
-this day of
19
by ,
of
a corporation, on behalf of the corporation.
Notary Public
MY mmission Expires: State of Fla. at large
Page 15
ST _ JUDE' S CA1'I QL1j RC11
NAHE OF PROJECT
KHIBIT "B" (CONTINUED)
TEM II WATER SYSTEM CONTRIBUTIONS
The OWNER shall install the following pipe, mains and
ppuxtenances 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:
TILIT-y--jVMPANY • The Nbst: Reverend J. Keith Symons, as Bishop
' of the Diocese of Palm Beach, his successors
in office, a corporation sole.
- Y - By
nomas G. Bradford, Vill e Manager 4- cae, L
ITNES ES: WITNESSES:
EXHIBIT "B"
Page 18
7048 Pq- 792
ST. jmw I S CATH_OLTO CHU
NAME OF PROJECT
LOCATION MAP
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`• Yom.. �.. ��21 j. : -_ .. .. ..:E `4 JON. rMIN•.f '.L U.wr:Rnvr R.r
VICINITY MAP
OWNER:
The Most Reverend J. Keith Symons, as Bishop
ITNESSES: of the Diocese of Palm Beach, his successors
in office, a corporation sole.
By
EXHIBIT +I
Page 19
I ! 1055" AST -NEST QUARTER SECTION LINE POINT OF
COMMENCEMENT
5�
� s
a � N
n � �
o �
s
O
o �' s
z-
C r,
ooh � po
° Z . END OF r ;c
N s 8 z I ASEMENT (;T J UOEG CHURCH OF TEQUEGTA �
er) "mom
am
0 . a °I I END OF -'
r �) I EASEMENT '
0
\y.\�° yf � I CENTERLINE OF 10' EASEMENT
— �� — 3�•.�; —'�' I°'� — 605.00' op— 140' I
�- t - - - -- - —_ - --
10.00' ---=---- = - - - -= - -- ----- - - -_ --
I� � �ntr� o� 1 145'
� �seM�
LEGAL DESCRIPTION AND
A UTILITY EASEMENT TO TEOUESTA 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
30; THENCE WESTERLY, ALONG SAID QUARTER SECTION LINE. FOR 1055.00 BEGIN AT SAID POINT "A"; THENCE SOUTHERLY, PERPENDICULAR TO SAID FEET; THENCE SOUTHERLY, PERPENDICULAR TO SAID QUARTER SECTION LINE., CENTERLINE
ER SECTION LINE, FOR 10.00 FEET TO THE END OF SAID
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, $U8VEYO8:5 CESIIEICBIE
FOR 140.00 FEET TO THE SAID WEST RIGHT -OF -WAY AND THE END OF SAID
CENTERLINE. WE HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION AND SKETCH
MEET THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA
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.
s SAID QUARTER SECTION LINE, FOR 155.00 FEET; THENCE NORTHEASTERLY, TIMOTHY .J-. MESSLER. I NC.
AT AN ANGLE OF 45 FROM THE PREVIOUS COURSE, FOR 30.00 FEET TO THE
l N o ENO OF SAID CENTERLINE. --------------------
BROOKS
I
PROFE STATEOF SURVEYOR
FLORIDA FLORIDANO. 3426