Laserfiche WebLink
15- <br />awn � -a3.3 <br />EMERGENCY WATER INTERCONNECT AGREEMENT <br />BETWEEN <br />INDIAN RIVER COUNTY, FLORIDA <br />AND <br />MHC COUNTRYSIDE AT VERO BEACH, L.L.C. <br />THIS EMERGENCY WATER INTERCONNECT AGREEMENT ("Agreement") <br />dated as of this 2oj day of July, 2008, is by and between INDIAN RIVER COUNTY, <br />a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 <br />(the "County") and MHC COUNTRYSIDE AT VERO BEACH, L.L.C., a Delaware limited <br />liability company, having an address at 8775 20th Street, Vero Beach, FL 32966 <br />("MHC"). <br />BACKGROUND RECITALS: <br />A. MHC operates a manufactured home community at 8775 20th Street in Vero <br />Beach, Florida commonly known as "Countryside Mobile Home Park" (herein, the <br />"Community"); and the Community does not have an emergency back-up water supply <br />source during a Community water supply failure. <br />B. The County has sufficient capacity to provide emergency water service to the <br />Community, and a water transmission main is available for an emergency water <br />interconnection to the Community, all on the terms and conditions set forth herein. <br />C. MHC desires an emergency water interconnection with the County on the terms <br />and conditions set forth herein. <br />NOW, THEREFORE, for and in consideration of the mutual promises set forth herein <br />and other good and valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, and intending to be legally bound hereby, the County and MHC <br />agree as follows: <br />1. Emergency Interconnect System. At MHC's sole cost and expense, including, <br />without limiting the generality of the foregoing, all permit application fees, MHC shall <br />apply for a construction permit to construct an emergency water interconnection (herein, <br />"Emergency Water Interconnect") to benefit the Community. The County and MHC <br />acknowledge and agree that MHC shall own and be solely responsible for the <br />construction, operation, and maintenance of all MHC -installed parts of the Emergency <br />Water Interconnect as required by the Florida Department of Environmental Protection <br />and accepted utility practices. <br />2. Payment. The County and MHC acknowledge and agree that: (a) there are no <br />connection charges or impact fees due to the County for the Emergency Water <br />Interconnect; (b) MHC shall pay, when due, the then -current and existing rates and <br />fees for bulk water usage for water consumed by the Community during the emergency <br />that causes the opening and use of the Emergency Water Interconnect; and (c) the <br />1 <br />