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HomeMy WebLinkAbout2003-324 ` clOcrxm.%�n$ WIN prby 7. t Pmd shout mur to 1498932 p ' ; i* t d.s, y, � . � zt� THIS DOCUMENT HAS BEEN O3 � ` "' IN THE PUBLIC RECORDS OFRECORDED 1840 <? ) 111 St . , V* ;n Saeh� INDIAN RIVER COUNTY FL ern^ BK : 1669 PGA07, Pagel Of 4 12/09/2003 at 02:58 PM JEFFREY K BARTON, CLERK OF O COURT ORi,�` AGREEMENT Re : TEMPORARY WATER SERVICE CONNECTION AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM THIS AGREEMENT, effective this da of 2003 b and between 2CLd_ Y Ilecember Y INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25h Street, Vero Beach, Florida 32960 (COUNTY) and Roy H. and Ellen E . Scott, whose address is 7655 133rd Sq, Sebastian, Fl 32958 (COLLECTIVELY OWNER) . BACKGROUND RECITALS A. OWNER desires to have temporary water service ("temporary connection") made available to property located at 7655 133rd Sq, Sebastian, Florida, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property") before the COUNTY installs water lines in Charles Sub . , in particular on 133rd Sq. (This property is on the SW corner of 133rd Square and Old Dixie Highway) , B . COUNTY requires the OWNER to pay certain fees immediately at the time of the installation of temporary connection and to participate in certain costs of the special assessment line when the COUNTY undertakes the special assessment project, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt of which is hereby acknowledged, COUNTY and OWNER agree as follows : 1 . The background recitals are true and correct and form a material part of this Agreement. 2 . OWNER shall pay, on signing this Agreement, the following amount per Equivalent Residential Unit (ERU) : Capacity Charge $ 1 , 300 . 00 Tap Fee (5/8 inch) $400 . 00 Security Deposit $ 50 . 00 Recording Fee (This Agreement) $ 19 . 50 Meter Fee 5/8 inch $ 130 . 00 Inspection Fee $ 25 , 00 Total $ 19924.50 3 . COUNTY shall make service available for OWNER from a water main on Old Dixie Highway, and OWNER shall make a connection from the Property to a temporary water connection point of COUNTY ' S choosing. When service is available from the special Page 1 of 4 FAUtiliticAUTILITY - EMPLOYEE FOLDERS\Dan Chastain\SCOTT Temp Water Agreement OLD DIXIE HWY.doc [Form approved by County Attorney and Utilities Department 2/2002] i • � t assessment line, OWNER may be required to disconnect from the temporary connection and to reconnect to the special assessment line . Any such reconnection shall be at the sole expense of the OWNER, except that the OWNER shall not have to pay the capacity charge, security deposit, or meter fee again . 4 . Whether OWNER is required to reconnect to the special assessment line or remain connected to the temporary connection, OWNER shall participate in the cost of the special assessment project for line extension charges and other costs related to the special assessment . By accepting the temporary connection, OWNER waives any right to contest the receipt of special benefit from the special assessment project. In addition, OWNER ' s signature on this Agreement may be considered to be an affirmative vote for construction of the special assessment line . 5 . This Agreement shall be recorded in the official records of Indian River County, Florida, and shall be a covenant running with the land . This Agreement shall bind the OWNER, jointly and severally, and the OWNER' s heirs , successors , and assigns . IN WITNESS WHEREOF , the parties hereto have executed this Agreement, effective as of the date first written above . Sign 66By _ latA Jj/ i ess Roy H . Cott Printed name : � `G-C Sign l Witness �p Printed name : Aff De Sign By K itn s Ellen E . Scott Printed name : t= L`r'L Mnili ., rLltiverCo . Approved Date Sign ��< Witness Administration Printed name : .0f', � 11 s l u lilies (Sntlget It Lc �; al Ni , k Manager Page 2 of 4 F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\SCOTT Temp Water Agreement OLD DIXIE HWY doc [Forth approved by County Attorney and Utilities Department 2/2002] STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this / 3 day of r , 2003 , by Roy H . Scott and Ellen E . Scott w o are personally known to me r who produced Florida Driver' s License as identification. — NOTARY PUBLIC Je gjt� Debbie Stellkr . . My commission 00121786 Sign Expires May 30, 2Wpti Printed namei z '� —C Stamped Seal & Commission Expiration Date k K�ar A 1 INDIAN RIVER COUNTY, FLORIDA A•w zlb 3 � u � .. Attes Berton, Clerks By its Bo rd of Count Commissioners i� •: is t Bk c de r� G' ✓�77 By t Lz . L Depfy Clerk , a r '° '� -bo R, Macht, Chairman Approved by BCC 12 - 02 - 2003 f ved r rm and legal ie KI00 ell , Ass . oirnty Attorney Page 3 of 4 F.\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\SCOTT Temp Water Agreement OLD DIXIE HWY.doc [Form approved by County Attorney and Utilities Department 2/2002] t , EXHIBIT "A'9 99 Legal Description : CHARLES SUBDIVISION LOT 34 PBI 9 - 97 Parcel Number: 30 38 25 00010 0000 00034 . 0 Property Address : 7655 133 ' SQ SEBASTIAN, FL 32958 Exhibit - A F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\SCOTT Temp Water Agreement OLD DIXIE HWY. doc