1984-024 - Laserfiche WebLink

Home Browse Search

Plant, in a good and workmanlike manner, to a capacity sufficient for the purposes of providing water to the Property and all of the Property's future occupants. 2. Adjacent Owner agrees that, subject to Purchaser's having obtained the appropriate "franchise" and approvals therefor from Indian River County, and upon the completion of the Water Plant expansion as aforesaid, Adjacent Owner shall be bound and obligated to supply water to the Property and all of the Property's future occupants in the quantities demanded and drawn thereby. 3. Adjacent Owner and PurchasEr agree that, in the event of any interruption of or restriction on the supply of water available at the Water Plant, including, without limitation, interruption or restric- tion caused by drought, water rationing and malfunction of pipes and machinery, then, in such event, the total supply of water available at the Water Plant shall be allocated equally between the Adjacent Property and the Property; provided, that the Property, under such circumstances, shall not be entitled to draw more water than that which is actually required by the units at the Property then occupied. 4. Commencing with the month immediately following the month in which the Water Plant expansion is commenced, Purchaser shall be obligated to pay twelve and one-half percent (12kx) of the cost of main- taining and operating the Water Plant. Purchaser's obligation to so pay shall increase by twelve and one-half percent (12kx) each month there- C after until Purchaser shall be paying for fifty percent (50x) of the costs of maintaining and operating the Water Plant. Purchaser's maximum obligation shall be fifty percent (50x) of such costs. The costs of maintaining and operating the Vater Plant shall be determined by a con- sulting engineer selected by Adjacent Owner'' - , and such costs shall be deemed to include, without limitation, all real estate taxes, electricity and expenses of insurance incurred in connec- tion with the operation of the Water Plant. Such payment of maintenance and operating costs shall be Purchaser's entire payment obligation for the water that shall be supplied to the Property. Notwithstanding the foregoing, Purchaser shall not be obligated to pay any of the maintenance and operating costs of the Water Plant attributable to the supplying of water to any other property other than the Adjacent Property or the Property. 5. Purchaser shall not be obligated to pay the cost of curing or otherwise correcting any citation or other violation of any govern- mental regulation affecting the Water Plant at the time of commencement of the Water Plant expansion and Adjacent Owner shall bear the full cost of same. In addition, Purchaser shall be entitled, at the time of com- mencement of the Water Plant expansion, to cause an inspection to be made **which enaineer is licensed by the State of Florida and is practicing his I, profession as of the date hereof in Indian River County, Florida, 1/26/84 -2- o°oofs 6 I PhGE 8 {l