HomeMy WebLinkAboutDocumentation_Regular_Tab 09_05/10/2007VILLAGE OF TEQUESTA
MEETING AGENDA ROUTING SHEET
MEETING DATE: 1V~ay 12, 2007
AMENDED MEETING DATE:
SUBJECT: Water Service Agreement, Seapointe Marina
COVER MEMO ATTACHED: Yes
RESOLUTION OR ORDINANCE NUMBER: 46-06/07
ORIGINATING DEFrART1VTENT: Utilities
DEPARTMENT HEAD APPROVAL
FUNDING SOURCE;: 2006~/2007 BUDGET
ACCOUNT NU~IlVIBER: N/A (REVENUE)
CURRENT BUDGETED AMOUNT AVAILABLE: N/A (REVENUE)
AMOUNT OF THIS ITEM: $ N/A (REVENUE)
BUDGETED S~LANC~ REMAINING: $ N/A (REVENUE)
(PIGGYBACK CONTRACT NAME AND #
OR
COMPETITIVE BID FOR ANYTHING OVER $10,®00 -ATTACH 3 BIDS)
APPROVALS:
FINANCE DIRECTIOR
VILLAGE MANAGER ~~'
VILLAGE ATTORNEY (if needed) Yes X No
PLEASE RETURN TO VILLAGE CLERK TO PLACE ON THE AGENDA
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:,~ ~ TEQUESTA UTILITIES
", MEMO R.A.I~ D LI llti
TO: MICHAEL R COUZZO, VILLAGE MANAGER
FROM: RUSSELL I~. WHITE, PUBLIC SERVICES MANAGER
SUBJECT: WATER SERVICE AGREEMENT /FEES SEAPOINTE MARINA
DATE: APRIL, 19, 2®07
CC: SCOTT HAWKINS, ESQ.
__
__ _ _
As you know, over tlxe past few months we have met with the developer, and worked on this
agreement. This Mariina is located on U.S. 1 north of the County Line Rd.
They have submitted. plans for a new 84,000 sq foot Marina, .with a 80 seat Members Club
and 24 seat Cabana. "They have an existing 76,000 sq foot 1A~farina that they are going to
remove and build a new one in the same place. Therefore, I hame done my calculations based
on all of the new buildings and connections.
The total Capital Improvement fees are $328,018.00
I recommend that this agreement be approved at the May 10, 2007 Village Council Meeting.
TEQi1ESTA U'T'ILITIES
'DEPARTMENT ME~VIORANDUM
TO: MICHAEL R. COUZZO, VILLAGE MANAGER
FROM: RUSSELL K_ WHITE, PUBLIC SERVICES AdIANAGER
SUBJECT: ERC CALCULATIONS / SEAPOINTE MARINA
DATE: 4J27/2®07
ERC Calculations:
Boat S_ torag_e
84,492 square footage: ~x 0.4 GPD per SF = 33,796.8 GPD
33,796.8 GPD divided by 35® (1 ERC) = 96.56 ERCs
Members Club
80 seats x 50 GPD pear seat = 4,000 GPD
4,000 GPD divided by 350 (1 ERC) =12.85 ERCs
Cabana
24 seats x 25 GPD peer seat = 600 GPD
600 GPD divided by X50 (1 ERC) = 1.71 ERC's
Total: 109.69 ERCs
109.69 ERCs x;2990.41 = $28,018.00
RESOLUTION NO 46-06/07
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE
VILLAGE MANAGER TO ENTER INTO A WATER SERVICE
AGREEMENT 1MITH JUPITER POINTE MARINA, INC. OF TEQUESTA
FLORIDA, FOR THE EXTENSION OF WATER SERVICE FOR THE
EXPANSION OF THE MARINA, HAVING A CAPITAL CONNECTION
REVENUE AMOUNT OF $328,018.00 AND AUTHORIZING THE
VILLAGE MANAGER TAO PROCEED ON BEHALF OF THE VILLAGE.
WHEREAS, the Village Council of the Village of Tequesta allows expansion of
the water system;
WHEREAS, the Village Council agrees that the Utilities Department is the
purveyor of water to this area of Martin County;
WHEREAS, the Village Council accepts revenue for expansion to the water
system;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 Consideration to enter into a water service agreement with Jupiter
Pointe Marina, Inc. of Tequesta, Florida for the extension of water service for the
expansion of the marina having a Capital connection revenue amount of
$332,294.53;
Section 2 The Water Service Agreement is attached as "Exhibit A"
Section 3 This Resolution shall become effective immediately upon passage.
The foregoing Resolution was offered by
moved its adoption. The motion was seconded by _
and upon being put to a vote, the vote was as follows:
who
For Adoption Against Adoption
MAYOR JIM HUMPAGE
VICE-MAYOR PATRICIA WATKINS
COUNCILMEMBER DANIEL AMERO
COUNCILMEMBER THOMAS PATERNO
COUNCILMEMBER CALVIN TURNQUEST
The Mayor thereupon dechared the Resolution duly passed and adopted this
day of , 2007.
MAYOR OF TEQUESTA
Jim Humpage
ATTEST:
Lori McWilliams, CMC
Village Clerk
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Seapointe Marina Project
Water Service Agreement
This Water Service Agreement, (the "Agreement"), is made and entered into as of this
_ day of 2007, by and between Jupiter Pointe Marina, Inc., a Florida (the
"Developer"), and the Utilities Department, (the "Utili "), of the Village of Tequesta, a
municipal subdivision of the State of Florida.
Recitals:
Whereas, Developer owns or controls lands located in Utility's service area, as described
more particularly in Exhibit A-, attached hereto and hereby incorporated by reference (the
"Pro e ") and Developer intends to develop the Property by erecting individually metered
residential units, commercial units, or a combination of these on the Property; and
Whereas, Developer desires that Utility provide water service to the Property; and
Whereas, Utility is willing to provide, in accordance with the provisions of this
Agreement and Utility's service policies, as the same may be amended from time to time, water
service to the Property and operate applicable facilities so that the occupants of the Property will
receive an adequate water supply..
Now, therefore, for and in consideration of the premises, the mutual undertakings and
agreements herein contained amd other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Developer and Utility, intending to be legally
bound, hereby agree as follows:
Agreement:
1. The foregoing recitals are true and correct and hereby incorporated by reference.
2. The capitalized terms usexl in this Agreement shall have the following defined meanings:
(a) "Consumer Installation" means all facilities ordinarily on the consumer's side of
the Point of Delivery.
(b) "Development Pfiase" means a subdivision or construction phase of the
construction of utility facilities on the Property.
(c) "Equivalent Residential Connection" means a factor used to convert a given
average daily flow (the "ADF") to the equivalent number of residential connections. For this
purpose, the average daily flow of one Equivalent Residential Connection (or "ERC") is 350
gallons per day ("GPD"~. The number of ERCs contained in a given ADF is determined by
dividing that ADF by 350 GPD.
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(d) "Point Of Delivery" means the point of delivery where the water lines or meter(s)
of Utility are connected with water lines of the consumer. Unless otherwise indicated, the Point
of Delivery shall be on the consumer's side or discharge side of the water meter(s) that will be
utilized for delivery of Service.
(e) "Service" means the readiness and ability on the part of Utility to furnish and
maintain water service to the Point of Delivery for the Property lot or tract pursuant to applicable
rules and regulations of applicable regulatory agencies.
3. Ownership. 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.
4. Annexation.
(a) No unincorporated property contiguous to the corporate limits of the Village, not
currently receiving Service pursuant to Service agreement or franchise agreement with Utility,
shall be allowed to connect to or be provided Service through Utility without first being annexed
into the corporate limits of the Village.
(b) Should the Property not be contiguous to the corporate limits of the Village at the
time Service is initially provided to the Property, the Property owner, including its successors
and assigns, as a condition of receiving Service, must:
(i) If the Property is located in Palm Beach County, Florida, file a petition
with the Village to voluntarily annex the Property into the corporate limits of the Village
within thirty (30) days of the date that the Property becomes contiguous to the corporate
limits of the Village; or
(ii) If the Property is located outside Palm Beach County, file a petition with
the Village to voluntarily annex the Property into the corporate limits of the Village if
and when Florida law authorizes the annexation of property outside the boundaries of a
single county within thirty (30) days of the effective date of the applicable statute.
5. Assurance of Title. At the time of execution of this Agreement, Developer shall
deliver to Utility a copy of a title insurance policy or a legal opinion, each reasonably
satisfactory to Utility in its sole discretion, with respect to the Property, which policy or opinion
shall include the current status of the title, the name of the legal title holder, and any outstanding
mortgages, taxes, liens, covenants or other encumbrances. The policy or opinion delivered
pursuant to this Section 5 are intended to evidence Developer's legal right to grant the exclusive
rights of Service contained in this Agreement.
6. Connection Char es. In addition to the contribution of any water distribution system,
where applicable, and further to induce Utility to provide Service, Developer hereby agrees to
pay Utility, the connection charges described in Exhibit B, attached hereto and hereby
incorporated by reference.
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(a) Payment of the connection charges does not and will not result in 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.
(b) Neither Developer, nor 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 charge paid to Utility.
(c) Any user or consumer of Service shall not be entitled to offset any bill or bills
rendered by Utility for such Service against the connection charges paid. Developer shall not be
entitled to offset the connection charges against any claim or claims Developer may have against
Utility, including but not limited to claims for breach of contract, damages, or other charges of
any kind.
7. Oversized Facilities Requirements; Reimbursement. If the Service facilities can
reasonably be expected to serve other areas than those of Developer, Utility shall require that
they be oversized to enable Service to be provided to such additional property.
(a) However, there will be no reimbursement for the construction of six (6) inch or
eight (8) inch water mains, which are the minimum standard sizes, even if these sizes exceed
Developer's own requirements.
(b) Developer will be reimbursed for the estimated difference in the cost of
construction between the oversized facilities and those facilities Developer otherwise would have
been required for its use. The amount of the reimbursement shall be determined by Utility based
on the data concerning construction costs of Utility and upon data which may be supplied to
Utility by Developer's engineer. Utility shall make every effort to properly evaluate the cost
difference for oversizing, but in the event of a disagreement, the decision of Utility shall be final
and binding.
(c) Utility shall have the right to reimburse Developer over a period of five (5) years,
as other developers connect and pay their applicable connection charge.
8. Payment. Developer shall pay the connection charges in full at the time of the
execution of this Agreement.
9. Equivalent Residential Connection Reserved. The parties agree that the capacity
needed to provide Service to the Property 109 .69 ERCs 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.
10. On-Site Installation. To induce Utility to provide the water treatment facilities, and to
provide Service to the Property, unless otherwise provided for herein, Developer shall construct
the on-site water distribution systems referred to in Exhibit B and transfer ownership and control
of such to Utility.
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(a) 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, along with a copy of the final estimate of
quantities covering all contract items to be conveyed to Utility. Utility shall retain four (4)
copies of such documents. Such Plans shall show, or provide for, the following:
(i) The on-site water distribution system proposed to be installed to provide
Service to the Property;
(ii) The interconnection of such on-site facilities to the off-site facilities of
Utility or off-site facilities that may be constructed by Developer or others and conveyed
to Utility;
(iii) Such plans may be limited to the first Development Phase only, and
subsequent Development Phases maybe furnished from time to time;
(iv) Each such Development Phase shall conform to a master plan for the
development of the Property and such master plan shall be submitted to Utility
concurrent with or prior to submission of engineering plans for the first Development
Phase;
(v) Developer reserves the right to modify its master plan any time in such a
manner as to not unduly interfere with Utility's existing facilities and upon modification,
shall submit four (4) copies of the modified plan to Utility;
(vi) Developer shall be solely responsible for the cost of any modifications to
Utility's existing systems or to its master plan caused by Developer's modifications or
changes;
(vii) Developer's engineer shall submit specifications governing the material to
be used and the method and manner of installations;
(viii) All such plans, specifications and shop drawings submitted to Utility shall
meet the minimum specifications of Utility, as determined by Utility in its reasonable
discretion;
(ix) Utility reserves the right to review the revised master plan and recalculate
Developer's connection charges at the time the revised master plan is submitted;
(x) No construction shall commence until Utility and appropriate regulatory
agencies have approved such plans and specifications in writing;
(xi) When permits and approved plans are returned by appropriate regulatory
agencies to Developer, Developer shall submit to Utility one (1) copy of the water
permit(s) and approved plans;
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(xii) If construction commences prior to all such approvals and any other
approvals required hereunder, Utility shall have no responsibility to accept such lines or
facilities, and Utility may elect to terminate this Agreement and/or not provide Service to
Developer until such time as Developer obtains such required approvals and Utility has
completed all required inspections and tests.
(b) After the approval of plans, specifications and shop drawings by Utility and
appropriate regulatory agencies, Developer or its engineer, shall conduct apre-construction
conference with engineer of record, utility contractor, appropriate building office(s), all other
utility companies involved in the development of the property, and Utility.
(c) Developer shall provide Utility's inspector a minimum of forty-eight (48) hours
notice, excluding weekends and holidays, prior to commencement of construction. Developer
shall be solely responsible for the costs and expenses of constructing the water distribution
system as shown on the approved plans and specifications.
(d) During Developer's construction of the water distribution system, Utility shall
have the right to inspect such installations to determine compliance with the approved plans and
specifications. Utility's engineer of record and Utility contractor(s) 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 applicable federal, state and local regulations.
(e) Upon completion of construction, Developer's engineer shall provide Utility with
a signed copy of the certification of completion as submitted to the appropriate regulatory
agencies. A copy of the bacteriological results and a sketch showing locations of all sample
points shall be included. Developer's engineer shall also provide Utility with ammonia mylars
of the as-built plans prepared and certified by such engineer, and ammonia mylars of the
recorded plat, including the dedication sheet(s).
(f) Developer shall transfer to Utility title to all water distribution systems installed
by Developer or Developer's contractor shown in Exhibit B dealing with those potable water
supply facilities that will be transferred from Developer to Utility. Such conveyance shall take
effect before Utility issues its final "Letter of Acceptance". Upon the completion of the
installation, but prior to the issuance of the final Letter of Acceptance and the rendering of
Service by Utility, Developer shall:
(i) Convey to Utility by notarized bill of sale in form satisfactory to Utility's
counsel, the water distribution system described in Exhibit B, as constructed by
Developer and approved by Utility.
(ii) Provide Utility with copies of invoices from contractors for installation of
the utility systems being conveyed to Utility, including any engineering design and
inspection fees paid.
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(iii) Furnish proof satisfactory to Utility that the installation of the facilities
and all contractors, subcontractors, material men, laborers and engineers have been paid
in full (i.e., by release of lien or other appropriate means).
(iv) Warrant and/or guarantee all utility facilities being transferred to Utility
against faulty workmanship and defective materials for a period of one (1) year from the
date of Utility's final Letter of Acceptance. Developer shall also assign any and all
warranties and/or maintenance bonds received from any contractor constructing the water
system and the right to enforce same to Utility. Developer shall secondarily liable on
such warranties. If Developer does not obtain written warranty and/or maintenance bond
for a minimum period of one (1) year from its contractor and deliver of same to Utility,
then Developer hereby agrees to indemnify and save harmless Utility for any loss,
damages, costs, claims, suits, debts, or demands by reason of defects in the systems for a
period of one (1) year from date of the final Letter of Acceptance by Utility.
(v) Provide Utility with all appropriate operation/maintenance and parts
manuals.
(vi) Convey to 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 Utility's counsel. If applicable, Utility may
require joinder of any condominium association, cooperative or other vendee of the
Property.
(vii) Utility agrees that the issuance of its final Letter of Acceptance for the
water distribution system installed by Developer shall constitute the assumption of
responsibility by Utility for the continuous operation and maintenance of such systems
from that date forward, subject to the terms and conditions contained herein.
(viii) If development of the Property involves one consumer or a unity of title of
several consumers and/or in the opinion of Utility ownership by Utility of the internal
water distribution system is not necessary or proper, then at Utility's option 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.
(ix) If Utility, for whatever reason, does not take possession, ownership and
control of the on-site facilities constructed by Developer, and provides master metered
Service to Developer for the use of the Property, then Developer shall:
(A) Maintain water quality at each individual outlet in compliance with
all primary and secondary standards promulgated by the Florida Department of
Environmental Protection, or Palm Beach County Health Department, except that
such water quality standards shall not be in excess of those attained at Utility's
Point of Delivery master meter.
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(B) Institute a program of line flushing to reduce of sedimentary
deposits in Developer's on-site lines, and reduce the possibility that water quality
standards will fall below those required by the immediately preceding Section
10(f)(ix)(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 least every (6) months. Developer shall
provide Utility a minimum of forty-eight (48) hours notice of the time and place
of such flushing. Utility shall send its representative to observe such flushing and
record the amount of water used as indicated by the master meter. Developer
shall be solely and directly responsible for the cost of all water used in the
flushing of its on-site facilities, such billing and collection to be conducted in
accordance with Utility's current policies, as the same may be amended from time
to time.
(C) Developer shall be responsible for maintaining all on-site water
facilities in accordance with reasonably prudent engineering standards. Utility
shall have the right to inspect Developer's facilities during reasonable business
hours upon twenty-four (24) hours notice to Developer. If Utility determines that
Developer has failed to comply with the provisions of this Section 10(f)(ix)(C),
Utility shall provide notice of the same to Developer, who shall then have twenty
(20) days or such other time as is reasonably necessary to correct the deficiency.
If Developer fails to do so, Utility shall have the power and right to discontinue
Service in accordance with the provisions of its current policies for non-payment.
11. Off-Site Installation. Developer may be required to construct, at its sole expense, certain
off-site water facilities in order to connect Developer's on-site facilities to Utility's existing
water system. In addition, Developer may be required to convey all or a portion of said off-site
water facilities to Utility. All provisions of this Section 11 pertaining to specifications, plans,
permits and approvals are also applicable to all off-site water facilities construction.
12. Easements. Developer hereby grants, conveys and transfers to Utility, its successors
and assigns, the exclusive right to construct, own, maintain or operate the water facilities to serve
the Property, and the exclusive right 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, deeds, or grants made otherwise and
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 intent of this Section 12 at Developer's expense,
and cause any person or entity holding prior liens on the Property to release such liens,
subordinate their position or join the conveyance of the easements or rights-of--way or give
Utility assurance by way of "no disturbance agreement", so that in the event of foreclosure,
mortgagee would continue to recognize Utility's easement rights, as long as Utility complies
with the terms of this 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.
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(a) 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 Utility is
constructing or operating such facilities. The foregoing grants shall be for such period of time as
Utility or its successors or assigns require such rights, privileges or easements in the
construction, ownership, maintenance, operation or expansion of water facilities. If Developer
and Utility agree that Utility is to install any of its water facilities in lands within the Property
lying outside the streets and easements areas described above, then Developer shall grant to
Utility, without cost or expense to Utility, the necessary easement or easements for such "private
property" installation; provided, all such "private property" installations by Utility shall not
interfere with the then primary use of such private property. Utility covenants that it will use due
diligence in ascertaining all easement locations; however, should Utility install any facilities
outside a dedicated easement area, Utility will not be required to move or relocate any such
facilities so long as they do not interfere with the then proposed use of the area in which the
facilities have been installed and so long as Utility obtains a private easement for such facility
location, which Developer will give if same is within its reasonable power to do so. The
easements granted by Developer to 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 Utility.
(b) If Developer fails to deliver such easement, Utility is hereby authorized to
substitute the Agreement as a recorded easement sufficient for Utility's needs.
(c) Utility agrees that all easement grants will be utilized in accordance with the
established and generally accepted practices of all its facilities. However, this Section 12(c) shall
not require Utility to restore those improvements constructed, installed or planted within the
Utility easement that are not in accordance with the established and generally accepted practices
of the water industry with respect to the use of utility easements.
13. Agreement to Serve.
(a) Upon Developer's construction of the on-site and off-site water facilities, Utility's
issuance of its final Letter of Acceptance, and receipt of all appropriate governmental agency
approvals, Utility shall cause the water distribution facilities to be connected to Utility's central
facilities.
(b) Such connection shall be in accordance with rules, regulations and orders of the
applicable governmental authorities. Utility agrees that once it provides Service to the Property
and Developer or others have connected Consumer Installation to its system, Utility will
continuously provide Service to the Property in compliance with all requirements of the
applicable governmental authority having jurisdiction over Utility's operations.
14. Application for Service; Consumer Installations. Absent Utility's prior written
approval, Developer or any owner of the Property, or any occupant of any residence, building or
unit located thereon will not connect any Consumer Installation to Utility's facilities.
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(a) Developer has sole responsibility for connecting the Consumer Installation to
Utility's meter and/or lines at the Point of Delivery, and with regard to such connections, the
parties agree as follows:
(i) Approved backflow preventers must be installed prior to Utility providing
meters and Service;
(ii) Application for the installation of water meters shall be made seventy-two
(72) hours in advance, not including Saturdays, Sundays and holidays.
(iii) All Consumer Installation connections must be inspected by Utility before
back-filling and covering of any pipes;
(iv) Notice to 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 Utility fails to
inspect the Consumer Installation connection within forty-eight (48) hours after the request
for inspection, Developer or owner may backfill or cover the pipes without Utility's
approval and Utility must accept the connection "as is" with regard to any matter that could
have been discovered by inspection.
15. Utility's Exclusive Right to Utility Facilities. All water facilities accepted by
Utility in connection with providing Service to the Property (including fire service), shall at all
times remain in the sole, complete and exclusive ownership of Utility, its successors and assigns.
No person or entity owning any part of the Property or any residence, building or unit
constructed or located thereon, shall have any right, title, claim or interest in and to such
facilities or any part of them, for any purpose, including the furnishing of Service to other
persons or entities located within or beyond the limits of the Property.
16. Exclusive Right to Provide Service. Neither Developer nor its successors and assigns
shall engage in the business of providing Service to the Properly while Utility, its successors and
assigns, provide Service to the Property. Utility shall have the sole and exclusive right and
privilege to provide Service to the Property and to the occupants of such residence, building or
unit constructed thereon.
17. Rates. The rates to be charged to Developer and individual consumers of Service shall be
as set forth in the current ordinances and/or policies of Utility, as the same may be amended from
time to time, which 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 the same may be in effect throughout Utility's service area.
(a) Notwithstanding any provision in this Agreement, Utility may establish, amend or
revise, from time to time, in the future, and enforce rules and regulations covering Service to the
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Property. However, all such rules and regulations so established by Utility shall at all times be
reasonable and subject to such regulations as may be provided by law or contract.
(b) Any such initial or future increased rates, rate schedules, and rules and regulations
established, amended or revised and enforced by Utility from time to time, as provided by law,
shall be binding upon Developer and any user or consumer of Utility's Service provided to the
Property.
18. Indemnification. Developer shall indemnify and hold Utility harmless from and
against any and all liabilities, claims, damages, costs and expenses (including reasonable
attorney's fees and costs) actually incurred by Utility as a result of Developer's breach or non-
performance of this Agreement. This indemnification provision shall survive the actual
connection to Utility's water system.
19. Developer's Delay. If Developer does not make application for and have installed all
water meters to serve the Property within six (6) months from the date of this Agreement, the
Village shall assess a fee representing the difference between the connection charge paid up front
by Developer and the connection charge currently being assessed by the Village at the time of
actual meter installation.
20. Reservation; Calculation. Notwithstanding the ERC gallonage calculations made
herein, this Agreement reserves a given number of units of capacity for the Property and not for
purposes of any other calculations.
21. Prior Approvals. The parties hereto recognize that prior to the time of Utility's
performance under this Agreement, that 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 Utility. At Developer's sole cost and expenses,
Utility will make commercially reasonable efforts to make the necessary and proper applications
to all applicable governmental authorities and obtain their approval. Developer at its own cost
and expense will provide any assistance requested by Utility in obtaining such approvals.
22. Relocation. If relocation of existing water and sewer utilities are necessary for the
Developer, Developer will reimburse Utility in full for such relocations.
23. Inspection. Utility shall have the right of inspection of Developer's internal lines and
facilities at all reasonable times and hours.
24. No Liability. There shall be no liability whatsoever on Utility for failure to deliver
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's Service.
25. Costs. Utility will invoice Developer for Utility's reimbursable expenses. These
expenses will include, but not be limited to, Utility engineer expenses, secretary time, computer
time, plan review and inspection fees.
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26. Capacity Reservation Fee. Each new connection to the water system which has paid a
capital improvement charge at the time of application for a new connection shall pay a capacity
reservation fee, (the "Capacity Reservation Fee"), for each ERC that has not been transferred to a
customer or tenant and is considered an active account.
(a) The Capacity Reservation Fee shall be billed monthly to applicants possessing
permits authorizing connection to Village's water system or facilities. The Capacity Reservation
Fee will be due and payable on the later of: (a) six (6) months from the effective date of the
applicable water service agreement, or; (b) six (6) months from the date of issuance of a
conditional use permit for the project.
(b) The monthly Capacity Reservation Fee shall be ten dollars and twenty six cents
($10.26) per ERC, subject to increase by the Annual Price Index Rate Adjustment, as determined
from time to time by Utility. All unpaid Capacity Reservation Fees shall accrue and no
connection shall be allowed to Village's water facilities until all unpaid accrued fees have been
paid in full. The obligation to pay the Capacity Reservation Fees for a particular ERC of
capacity shall terminate upon connection of that particular ERC to the Village water system.
27. General Provisions.
(a) Binding Effect of Agrreement. This Agreement shall be binding upon and shall
inure to the benefit of Developer, Utility and their respective assigns and successors by merger,
consolidation, conveyance. The capacity reserved by this Agreement cannot and shall not be
assigned by except in the case of a bona fide sale, transfer or assignment of the Property, or any
part of it. In the event of any such sale, transfer or assignment, Developer shall provide a notice
of such sale, transfer or assignment to Utility, along with a copy of the agreement, contract or
other instrument documenting the transaction. Utility's approval of the sale, transfer, or
assignment shall not be unreasonably withheld. Nothing herein shall preclude sales of individual
units and assignment or rights of Service pertaining thereto.
(b) Notice. Until further written notice by either party to the other given in accordance
with this Section 27(b), all notices provided for herein shall be in writing and transmitted by
messenger, by mail or by facsimile:
If to Developer:
[Legal Name]
[Address 1 ]
[Address 2]
Facsimile:
Attn:
Seapointe Marina Projectl
If to Utility:
Tequesta Utilities Department
136 Bridge Road
P. O. Box 3474
Tequesta, FL 33469
Facsimile:
Attn: Utilities Director
28. Governing Law. This Agreement shall be governed by the internal laws of the State
of Florida and it shall be and become effective immediately upon execution and delivery by both
parties, subject to the approval, if any, that must be obtained from governmental authority.
29. Costs and Attorney's Fees. In the event Utility or Developer are required to enforce
this Agreement by legal 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.
30. Force Ma'el ure. Utility shall not be liable for non-performance of its obligations
under this Agreement if it is prevented or interrupted in doing so by any cause beyond its control,
including, but not limited to, acts of God, a public enemy, war, national emergency, allocation of
or other governmental restrictions upon the use or availability of labor or materials, rationing,
civil insurrection, riot, civil 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.
31. Entire Agreement. This Agreement supersedes all previous agreements and
representations, whether verbal or written, made by Developer or Utility, and constitutes the full
agreement between Developer and Utility with respect to the matters herein contained. No
additions, alterations, variations or waiver of the terms of this Agreement shall be valid, unless
such additions, alterations, variations or waivers are expressed in writing and duly signed by all
parties hereto.
32. Construction. 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.
33. No Offer. The submission of this Agreement for examination by Developer does not
constitute an offer, and becomes effective only upon Utility's execution and delivery.
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Seapointe Marina Projectl
34. Headings. The Section and subsection headings of this Agreement are included
herein for reference only and shall not constitute a part of this Agreement for any other purpose.
35. Further Assurances. 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.
[Signature Page Follows]
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IN WITNESS WHEREOF, Developer and Utility have executed and delivered this Water
Service Agreement as of the date first written above
The undersigned owner of the Property
hereby joins in and consents to the terms and
conditions of this Water Service Agreement.
[Legal Name]
sy:
Its:
The undersigned mortgagee of the Property
hereby joins in and consents to the terms and
conditions of this Water Service Agreement.
[Legal Name]
By:
Its:
"Utili "
Tequesta Utilities Department, an agency of the
Village of Tequesta, Florida
By:
Its:
"Developer"
[Legal Name]
By:
Its:
[Signature Page to Water Service Agreement]
Exhibit A
Legal Description of Property
Exhibit B
Connection Charges
Developer agrees to pay the following connection charges for use of Utility's facilities, as are
forth in Utility's service policies.
Item I Payment Schedule
Water:
The following formula is used to determine Developer's share of water facility charges.
Total ERCs Charge Per ERC Total Charges
109.69 $2,990.41 Total: $328,018.00
Item II Water System Contribution
Developer will install the following pipe, mains and appurtenances and transfer the same to
Village. These installations are accordance with the approved plans drawn by ,
drawing no. _, dated
Exhibit C
Location Map