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4 0 <br />• <br />ADDENDUM NUMBER ONE <br />TRIS ADDENDUM made this —J_3_0 day of ARril <br />1987, by and between CORALSTONE UTILITY COMPANY ("Coralstone <br />CONSOLIDATED VISTA DEVELOPMENT CORPORATION ("Owner") and SEA <br />OAKS UTILITIES, INC. ("Service Company") as an Addendum to that <br />certain Agreement entered into between these parties, dated <br />the _� day of _Abri , 1907. <br />In addition to the agreements set forth in the <br />• Agreement between the parties referred to above, Coralstone and <br />Service Company further agree as follows: <br />1. All references to irrigation services <br />irrigation systems and <br />in the Agreement, more particularly, <br />Paragraph 9 of the Agreement, do not .apply to Coralstone; <br />provided, however, that in the event that Service Company <br />develops the unanticipated need to dispose of excess <br />effluent within Coralstone's treated <br />franchise area described in that <br />Agreement, then it may do so to that portion of Coralstone's <br />franchise area which abuts State Road A -1-A and which property <br />is not intended or used for residential purposes. In addition, <br />and as a secondary measure, if Service Company determines it <br />necessary, Coralstone, its successors and assigns, agrees to <br />reasonably cooperate with Service Company <br />waterto permit irrigation <br />, if possible, to be elsewhere disposed of within <br />Coralstone's franchise area. <br />2. Owner, by its execution of this Addendum to the <br />Agreement, hereby signifies its consent that Service Company <br />may provide the irrigation services and irrigation systems <br />within Coralstone's franchise area, in accordance with <br />Paragraph 1 above. Owner, by its execution of this Addendum to <br />the Agreement, hereby signifies its consent that Service <br />Company may provide sewage service to the property in <br />accordance with the terms of the Agreement and the Addendum. <br />stone <br />developearea <br />all <br />e extension ea <br />r3 <br />3or otherl customerh w thins Coralst ne'srfranchise w <br />ner <br />to enter into Developer Agreements prior to th <br />utility service bof <br />y Coralstone. Said Developer Agreements shall <br />be substantially in a form as approved by Service Company. All <br />such Developer Agreements shall require the approval of Service <br />Company prior to execution and/or amendment, which approval <br />shall not be unreasonably withheld. Coralstone agrees to <br />operate its franchise in accordance with sound utility <br />practices consistent with American Water Works Association and <br />industry standards. <br />4. Service Company agrees to postpone collection of <br />the income tax impact charge from Coralstone as required under <br />Paragraph 90 of the Agreement. In the event income taxes are <br />imposed on Service Company as a result of receipt of either <br />cash or property contributed to Service Company by Coralstone <br />pursuant to the Service Agreement, Coralstone agrees to deposit <br />the tax impact amount as required in Paragraph 40 of the <br />Agreement upon receipt of written notice from Service Company <br />that such tax liability has been assessed against Service <br />Company. <br />5. Within a period of forty-five (45) days after <br />execution of this Agreement, or prior to the owner of the <br />Property issuing its Notice to Proceed to Coralstone and/or <br />Service Copany, Coralstone agrees to deliver to Service Company <br />a copy of the Title Insurance Policy or an opinion of title <br />from a qualified attorney-at-law with respect to the Property, <br />which opinion shall include a current report on the status o <br />(Page 1 of 2) <br />