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HomeMy WebLinkAbout2003-288 p1489883 THIS DOCUMENT HAS BEEN RECORDED / � h IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL v BK : 1656 PGA043 , Pagel of 4 11/08/2003 at 10 : 57 AM , JEFFREY K BARTON, CLERK OF COURT AGREEMENT Re : TEMPORARY WATER SERVICE CONNECTION AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM THIS AGREEMENT, effective this 4th day of _November, 2003 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32960 (COUNTY) and Richard Vaeth , whose address is 4675 85th St, Vero Beach, F132967 (OWNER) . BACKGROUND RECITALS A. OWNER desires to have temporary water service ("temporary connection") made available to property located at 4675 85th St, Vero Beach, Florida, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property") before the COUNTY installs water lines on 85th Street . 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 $ 19300 . 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 46th Avenue , 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 assessment line , OWNER may be required to disconnect from the temporary connection and to reconnect to F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\VAETH Temp Water Agreement GRAVES ADD TO WABASSO.doc Pagel of 4 [Form approved by County Attorney and Utilities Department 2/2002] 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 Si By &Writnes " Richard Vaeth Printednamet () s fl or V - Witness Printed\'tr �il { � F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\VAETH Temp Water Agreement GRAVES ADD TO WABASSO. doc Page 2 of 4 [Form approved by County Attorney and Utilities Department 2/20021 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of October, 2003 , by Richard Vaeth, who is personally known to me or who produced a Florida Driver ' s License as identification . NOTARY PUBLIC Sign Printed name Stamped Seal & Commission Expiration Date CAROL T. BESANCON MY COMMISSION N DD 040435 EXPIRES : September 27, 2005 t X043 Np -ARY FL Notary Service & Bonding, Inc. INDIAN RIVER COUNTY, FLORIDA Attest : J . K. Barton, Cl By its Bo rd of County C mmissioners 1 B6i d)? By Deputy Clerk enneth R, Macht, Chairman Approved by BCC 11 - 04 - 2003 roved for form and legal f ien aria a 1, Asst . Coun orney F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\VAETH Temp Water Agreement GRAVES ADD TO WABASSO-doc Page 3 of 4 [Form approved by County Attorney and Utilities Department 2/20021 EXHIBIT "A" Legal Description : GRAVES ADDITION TO WABASSO BLOCK 1 LOT 4 PBI 2 - 41 Parcel Number: 31 39 33 00001 0010 00004 . 0 Property Address : 4675 85TH Street VERO BEACH, FL 32967 Exhibit - A F: \Utilities\UTILITY - EMPLOYEE FOLDERS\Dan ChastaimVAETH Temp Water Agreement GRAVES ADD TO WABASSO. doc