HomeMy WebLinkAbout1980-0876®
RESOLUTION NO, 30-87
® BE IT RESOLVED by the Board of County Commissioners of
Indian river County, Florida:
SECTION I
® This Resolution shall be known and may be cited as "the Oslo
Square Water and Sewerage System Franchise. "
••
SECTION II
For the purpose of this Resolution, the following terms, phrases,
words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words using the present tense include the
future; words in the plural number include the singular and vice versa.
The word "shall" is always mandatory.
(a) "County" is Indian River County, a political subdivision of
the State of Florida.
(b) "County Engineer", may be "County Administrator".
(c) "Partnership" is the Grantee of rights under this franchise,
to wit: Oslo Square Shopping Center Associates, a Florida general
partnership,
(d) "Board" is the Board of County Commissioners of the
County.
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River County,
Florida, outside the corporate limits of any municipality as the same is
more particularly defined and described herein.
(g) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, services, valves,
meters, plant, wells, pipes, tanks, reservoirs, systems, facility or
other property, real or personal, used or useful or having the present
CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
••
capacity for future use in connection with the obtaining, treatment,
40M supplying and distribution of water to the public for human consumption,
fire protection, irrigation, consumption by business or industry and
s_A without limiting the generality of the foregoing, shall embrace all
of
necessary appurtenances and equipment and shall include all property,
rights, easements and franchises relating to any such system and deemed
necessary or convenient for the operation thereof.
(h) "Sewerage System" shall mean and include any plant, system,
facility or property used or useful or having the present capacity for the
future use in connection with the collection, treatment, purification, or
disposal of sewage effluent and residue for the public and without limiting
the generality of the foregoing definition shall embrace treatment plants,
pumping stations, intercepting sewers, pressure lines, mains, laterals,
and all necessary appurtenances and equipment and shall include all
property rights, easements and franchises relating to any such system
and deemed necessary or convenient for the operation thereof.
(i) "Service" means supplying to a user the distribution of
water and collection of sewage and the treatment of both.
(j) "Hookup and/or Connection" is the connecting of potential
user's property to the water and/or sewerage system in order to utilize
the Corporation's services.
SEC'T'ION III
There is hereby granted by the County to the Partnership the
nonexclusive franchise, right and privilege to erect, construct, operate
and maintain a water system and sewerage system within the described
territory as herein provided and for these purposes to sell and distribute
treated water and to charge for collection and disposal of sewage within
the territory, and for these purposes to establish the necessary facilities
and equipment and to lay and maintain the necessary lines, pipes, mains
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CORDON
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CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
of
and ether appurtenances necessary therefor in, along under and across
®M the public alleys, streets, roads, highway, and other public places of
the County; provided, however, that the County reserves the right to
®M permit the use of such public places for and all other lawful purposes
and subject always to the paramount right of the public in and to such
�A public places.
i •l SECTION IV
The territory in which this franchise shall be applicable is
all that part of Indian River County, Florida, located within the
following described boundary lines to wit;
All of Section 19, Township 33 South, Range 40 East,
Indian River County, Florida, lying East of the
Easterly right -of -way of U.S. Highway No 1 less
the following parcels:
1. The Northwest Quarter.
2. The West 10 acres of the Northwest Quarter of the
Northeast Quarter.
3. The West 30 acres of the Southwest Quarter of the
Northeast Quarter.
4. The West 675.6 feet of the North 916.8 feet of the
Northwest Quarter of the Southeast Quarter.
5. The South 330 feet lying East of the West 1675 feet
of the Southeast Quarter.
6. The West 1675 feet of the South 649 feet of the
Southeast Quarter.
7. The East 305 feet of the South 649 feet of the
Southwest Quarter.
8. The North 916.8 feet of the Southwest Quarter.
And including all of Government Lot 6, Section 18, Township
33 South, Range 40 East, Indian River County, Florida, less
the West 10 acres of said Government Lot 6;
And including all of Government Lot 1, Section 20, Township
33 South, Range 40 East, Indian River County, Florida;
LESS AND EXCEPT that part of all the above described
property lying below the mean high water mark.
The franchise service area contains approximately 235 acres
Oslo Square Shopping Center Associates, a Florida general
partnership, shall at all times during the life of this franchise be subject
to all lawful exercise of the polic power and regulatory authority of the
County and to such regulation as the County shall hereafter by resolution
provide.
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GORDON
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PARDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
SECTION V
® It is expressly understood and agreed by and between Oslo
Square Shopping Center Associates, a Florida general partnership, and
®M the County that the Partnership shall save the County and members of the
Board harmless from any loss sustained by the County on account of any
A suit, judgment, execution, claim or demand whatsoever resulting from
negligence on the part of Oslo Square Shopping Center Associates, a
•0
Florida general partnership, in the construction, operation or maintenance
of the water and sewerage systems under the terms of this franchise.
The parties agree that, in the construction of this section, the claim
of any person resulting from negligence on the part of the Partnership
may be prosecuted directly by such person against the Partnership as
if no governmental immunity accrued to the County by virtue of Oslo
Square Shopping Center Associates, a Florida general partnership, use of
a public place of the County. The County shall notify the Partnership
promptly after presentation of any claim or demand.
SECTION VI
The Partnership shall maintain and operate its water and
sewage plants and systems and render efficient service in accordance
with the rules and regulations as are or may be set forth by the Board
from time to time, which shall include but not be limited to "Construction
Specifications for Water Distribution and Sewage Collection Facilities"
promulgated by the City of Vero Beach, Water and Sewer Department,
November 1, 1977, or as amended. The County shall require the
Partnership to comply with the above standards as they relate to material
specifications and compaction requirements immediately surrounding the
pipes and structures. Prior to the issuance of a construction permit, the
County shall also require the Partnership's project engineer to certify
that the material to be used will meet the standards as set forth in said
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GORDON
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CORDON D. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
•o
"Construction Specifications" of the City of Vero Beach, Water and
40
Sewer Department, adopted November 1, 1977, or as amended. Upon
® approval by the County of the plants and systems, a permit shall be
issued to Oslo Square Shopping Center Associates, a Florida general
® partnership, for the construction thereof. The right is hereby reserved
to the County to adopt, in addition to the provisions herein contained
A ® and existing applicable resolutions or laws, such additional regulations
as it shall find necessary in the exercise of the police power and lawful
authority vested in said County, provided that such regulations shall
be reasonable and not conflict with the rights herein granted and not in
conflict with the laws of the State of Florida. The County shall have the
right to supervise all construction or installation work performed and
to make such inspections as it shall find necessary to insure compliance
with all governing regulations.
Upon the completion of all construction of the water and sewer
treatment plants and distribution and collection systems, the project
engineer for the Partnership shall certify, under seal, that the systems
have been constructed in accordance with the plans and specifications
previously approved, and further, has met all of the standards required
4 by the County, including pressure and leakage tests and chlorination and
bacteriological tests for the water distribution system, and conducting
infiltration, exfiltration and television inspection tests of the sewerage
system at Grantee's expense, whereupon the County will issue a permit
accepting the water and sewerage systems, and further, that the said
water and sewerage systems and all easements, (excepting only the water
and sewer plants, and wells without appurtenances, and the real property
upon which it is situated), shall be conveyed, along with "as -built" plans,
to the County at the time of acceptance by a customary means of convey-
ance. Partnership shall, in addition, grant necessary easements to County
without charge to connect the water and/or sewerage systems to County's
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GORDON
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CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEAM{, FLORIDA
•®
Master Water and/or Sewerage Systems and such easements as are
• necessary to provide access to the sewer systems and water systems.
Simultaneously, the County shall give to the Partnership a maintenance
• lease for $1.00 per year, extending for the duration of this franchise.
The County shall require the Partnership to comply with all landscape
® ordinance regulations as enacted by the County.
l •w SECTION VII
All the facilities of the Partnership shall be constructed in
accordance with plans and specifications approved by the Department of
Environmental Regulation of the State of Florida and the quantity and
quality of water delivered and sold and the manner of collection and
disposal of sewage shall at all times be and remain not inferior to the
quality standards for public water supply, and public sewage collection,
and other rules, regulations and standards now or hereafter adopted by
the Department of Environmental Regulation of the State of Florida. The
Partnership shall maintain sufficient water pressure and mains of sufficient
size with fire hydrants and other facilities necessary in the water
distribution system to furnish fire protection at any and all areas within
the territory serviced by the Partnership. Said fire flow standards shall
be a minimum of 750 gallons per minute for residential, and 1, 500 gallons
per minute for commercial. The Partnership shall also supply all water
through meters which shall accurately measure the amount of water
supplied to any consumer. The Partnership shall at any time, when requested
by a consumer, make a test of the accuracy of any meter; prior however,
to any test being made by the Partnership, the sum of rive ($5.00) Collars
shall be deposited with the Partnership by the party requesting such test.
Such sum shall be returned if the test shows the meter to be inaccurate in
its delivery. The meter will be changed, and should the meter reading
calibrate too high, a billing adjustment will be made for no more than
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GORDON
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CORDON 0. JOHNSTON, ATTORNEY AT LAW, VERO LEACH, FLORIDA
the past six months actual readings. Whenever it is necessary to shut
® off or interrupt service for the purpose of making repairs or installations,
the Partnership shall do so at such times as will cause the least amount
of inconvenience to its consumers and, unless such repairs are unforeseen
and immediately necessary, it shall give not less that five (5) days notice
4b
thereof, to its consumers for non -emergencies.
64= SECTION VIII
(a) The Partnership shall have the authority to promulgate
such rules, regulations, terms, and conditions covering the conduct of
its business as shall be reasonable necessary to enable the Partnership
to exercise its rights and perform its obligations under this franchise
and to issue an uninterrupted service to each and all of its consumers;
provided, however, that such rules, regulations, terms and conditions
shall not be in conflict with the provisions hereof or with the laws of the
State of Florida and all of the same shall be subject to the approval of the
Boa rd.
(b) At all times herein where discretionary power is left
with the Board of County Commissioners, the Partnership, before
discretionary action is taken by the Board of County Commissioners, can
74 request said Board that a group of arbitrators be appointed, and such
group shall consist of:
1. County Engineer
2. Partnership Engineer
3. One person selected by the above two persons
and this Board of Arbitrators shall make recommendations to the Board of
County Commissioners, but such recommendations are not mandatory.
Any final decision the Arbitrators or Board may have, with
respect to this franchise, can be appealed to the Circuit Court of Indian
River County, by either party.
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GORDON
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GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
ii
SECTION 1X
®
All water pipes, mains, hydrants, valves, blowoffs, and sewer
mains and manholes, and other fixtures laid or placed by the Partnership
O
for the water and sewerage systems shall be so located in the dedicated
easements in the County, after approval by County Engineer, so as not
®
to obstruct or interfere with other uses made of such public places
already installed. The Partnership shall, whenever practicable, avoid
interfering with the use of any street, alley or other highway where the
paving or surface of the same would be disturbed. In case of any
disturbance of pavement, sidewalk, driveway or other surfacing, the
Partnership shall, at its own cost and expense and in a manner approved
by the County Engineer, replace and restore all such surface so disturbed
in as good condition as before said work was commenced and shall
maintain the restoration in an approved condition for a period of one (1)
year. In the event that any time the County shall lawfully elect to alter
or change the grade of or relocate or widen or otherwise change any
such public way, the Partnership shall, upon reasonable notice by the
County, remove, relay and relocate its fixtures at the Partnership's
expense. The Partnership shall not locate any of its facilities nor do
any construction which would create any obstructions or conditions which
are or may become dangerous to the traveling public. In the event any
such public place under or upon which the Partnership shall have located
its facilities shall be closed, abandoned, vacated, or discontinued, the
Board may terminate such easement or license of the Partnership thereto;
provided, however, in the event of this termination of easement, the
party other than the County requesting such termination shall pay to the
Partnership, in advance, its cost of removal and relocation of the removed
facilities in order- to continue its service as theretofore existing, or the
County shall retain an easement not less than ten (10) feet in width for the
benefit of the Partnership and its facilities.
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GORDON
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GORDON 8. JOHNSTON, ATTORNEY AT LAW, VERO MACH, FLORIDA
=
SECTION X
• The Partnership shall not as to rates, charges, service
facilities, rules, regulations or in any other respect make or grant any
• preference or advantage to any person nor subject any person to any
prejudice or disadvantage.
d
(a) The Partnership shall furnish, supply, install, and make
available its public water system and its public sewerage system to any
and all persons within the territory making demand therefor, and shall
provide such demanding person with its services and facilities, provided,
however, that the Board may, upon application of the Partnership, extend
time for providing such service to such demanding person. In the event
the Partnership fails to provide its services and facilities either as a water
system or sewer system or both to any area within the territory within
time provided, then in such event the County may be resolution of the
Board, limit, restrict and confine the territory to that area then being
serviced by water and/or sewerage by the Partnership or such greater
area as the Board shall determine, and thereafter, the territory shall be
only the area set forth, defined, and provided by the Board, and the pro-
visions of this franchise shall not extend beyond the limits of the area so
restricted and defined,
(b) The Partnership shall not be required to furnish, supply,
install and make available its public water and/or sewerage systems to
any person within the territory as hereinbefore set forth, unless the same
may be done at such a cost to the Partnership as shall make the addition
proposed financially feasible, Financially feasible shall mean that a fair
and reasonable rate to be charged by the Partnership for all its services
under this franchise; that such rate of return on the net valuat, c .n of its
property devoted thereto under efficient and economical management. The
burden of showing that a prospective service to the area is not financially
feasible shall be the burden of the Partnership.
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CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
of
® The Partnership, or Partners of the Partnership does not sell
or transfer its interest to another nor transfer any rights under this
® franchise to another without the approval of the Board, and provided
further that no such sale or transfer after such approval shall be effective
e
until the vendee, assignee or lessee has filed with the Board an instrument
in writing reciting the fact of such transfer and accepting the terms of
this franchise and agreeing to perform all of the conditions thereof. In
any event, this franchise shall not be transferrable and assignable until
notice or request for transfer and assignment shall be given by the
Partnership to the Board in writing, accompanied by a request from the
proposed transferee, which application shall contain information concerning
the financial status and other qualifications of the proposed transferee and
such other information as the Board may require. A public hearing shall
be held on such request of which notice shall be given by publication in a
newspaper regularly published in the County at least one time nor more
than one month or less than one week preceding such hearing. Certified
proof of publication of such notice shall be filed with the Board. Said
hearing may thereafter be continued from time to time as determined by
the Board. The consent by the Board to any assignment of this franchise
shall not be unreasonable withheld. Any sale or transfer, by the Partner-
ship or partners of the Partnership, taking place contrary to the terms
and conditions of this paragraph shall be considered by the Board to be a
default by the Partnership under this franchise agreement and subject
this franchise to termination.
Partnership warrants adequate capacity to service existing or
anticipated customers and agrees not to provide water and/or sewerage
service unless adequate capacity is available at the time any new
connection is made.
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GORDON
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GORDON U. JOHNSTON, ATTORNEY AT LAW, VERO PEACH, FLORIDA
SECTION XIV
The rates charged by the Partnership for its service hereunder
shall be fair and reasonable and designed to meet all necessary costs of
the service, including a fair rate of return on the net valuation of its
properties devoted thereto under efficient and economical management.
I The Partnership agrees that it shall be subject to all authority now or
i
i
hereafter possessed by the County or any other regulatory body having
competent jurisdiction to fix just, reasonable and compensatory rates.
i
When this franchise takes effect, the Partnership shall have authority to
charge and collect, but not to exceed the following schedule of rates,
which shall remain effective until changed or modified as herein provided,
to wit:
WATER
Residential and Commercial
(whether individual meter or
commercial meter)
First 2,000 gallons (Base Rate
per unit)
All over 2,000 gallons
SEWER
Residential
First 2,000 gallons (Base Rate
per unit)
All over 2,000 gallons
Including schools, public buildings,
churches, service stations, retail
stores, and all non-residential services
CONNECTION CHARGES
RATE
$7.10 per month, minimum
$1.50 per 1,000 gallons
RATE
$7.10 per month, minimum
8770 of $1.50 per 1,000 gallons
up to 10,000 additional gallons,
maximum
1007, of water bill
Connection charges for both the water and sewer hookups shall
be $300.00 each.
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CORDON 0. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
of
IMPACT CHARGES
A. "Tile Partnership agrees upon the completion of each two bedroom
equivalent residential unit to pay County, as a
- future hook-up impact charge into the County's master water system a
payment in the amount of $295. 00 per unit. The. Partnership agrees upon the
® completion of each two bedroom equivalent residential unit
Ito pay County, as a future hook-up impact charge into the County's
tt e master sewer system a payment in the amount of $295.00 per unit. Partner-
ship agrees upon the completion of each commercial unit to pay County, as a
future hook-up impact charge into the County's master water system, a
payment in the amount of $858.00 per commercial unit. Partnership agrees
upon the completion of each commercial unit to pay County, as a future hook-
up impact charge into the County's master sewer system, a payment in the
amount of $858.00 per commercial unit' The County will establish an interest-
bearing passbook account and will deposit the commercial and residential
charges into the said account, holding said funds until such time as the County
is in a position to supply water and/or sewer services to the franchised area.
The parties agree that the account shall be in the County's name and shall be
held under the following conditions:
(1) At any time that the County shall acquire its own water dis-
tribution system, and shall furnish water services to individual customers,
one-half (1/2) of all sums of money remaining in said account, except
accumulating interest, shall become the absolute property of the County and
the Partnership shall relinquish all rights thereto. At any time that the
County shall acquire its own sewer distribution system, and shall furnish
sewer services to individual customers, one-half (1/2) of all sums of money
remaining in said account, except accumulating interest, shall become the
absolute property of the County and the Partnership shall relinquish all rights
thereto. The County may adjust the impact fee according to the provisions
of Ordinances 80-21 and 80-22. From the effective date of any adjustment,
the fund will accrue with the revised charges deposited in the County's account
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CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
(2) Throughout the term of this franchise, the Partnership shall
be entitled to any and all interest which shall be paid annually on or before
•
40
•0
September 30th of each year to the Partnership. The Partnership shall be
entitled to an accounting of said interest-bearing account, at any time upon
request made by it to the County
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GORDON B. JOHNSON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
B. Ten percent (10%) of the gross rates charged and received shall be
placed in a second County interest-bearing account and accumulated until the
balance reaches Sixty ThoLs and Dollars ($60, 000. 00), The balance of the
account may be adjusted by the Board of County Commissioners at such time
as the need arises due to inflationary repair or replacement costs or other
unforeseen costs. Said funds shall be used as a sinking fund and applied only
for repairs and/or replacement of the water and sewerage systems by the
Partnership as the need arises. County is granted the right to make neces-
sary repairs using said funds in the event of default on the part of Partner-
ship in maintaining the quality standards established herein.
an�mrr-%nt VAFT
The Partnership shall at all times maintain public liability and
property damage insurance in such amounts as shall be required from time
to time by the Board in accordance with good business practices as deter-
mined by safe business standards as established by the Board for the
protection of the County and the general public and for any liability which may
result from any action of the Partnership. If any person serviced by the
Partnership, under this franchise, complains to the Board concerning the
rates, charges and/or operations of such utility and the Partnership, after
request is made upon it by the Board, fails to satisfy or remedy such
complaint or objections is not proper, the Board may thereupon, after due
notice to such utility, schedule a hearing concerning such complaint or
objection and the Board may review the rates and charges set and charged by
the Partnership for the service it furnishes or the quality of services
furnished. If the Board enters its order pursuant to such hearing and the
Partnership feels it is aggrieved by such order, the Partnership may seek 1
review of the Board's action by proceedings in the Circuit Court of the
County; otherwise, the Partnership shall promptly comply with the order of
the Board.
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GORDON U. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
s•
® Should the Partnership desire to establish rates and charges
or should the Partnership desire to increase any charges heretofore.
® established and approved by the Board, then the Partnership shall notify
the Board in writing, setting forth the schedule of rates and charges
40 which it proposes. A public hearing shall then be held on such request,
of which notice shall be given by publication in a newspaper regularly
published in said County at least one time not more than one month or
less than one week preceding such hearing. Certified proof of publication
of such notice shall be filed with the Board. Said hearing may thereafter
be continued from time to time as determined by the Board. If the Board
enters an Order pursuant to such hearing and the Partnership or any
person feels aggrieved by such order, then the Partnership or such person
may seek review of the Board's action by proceeding in the Circuit Court
of the County.
SECTION XVIII
Prior to the Partnership placing any of its facilities in any of
the public places as herein authorized, the Partnership shall make
application to and obtain a permit from the County Engineer authorizing
said construction in the same manner as permits are authorized in the
County for the use of the public roads as shall now or hereafter be
established by regulations of the County. The County shall have the
right when special circumstances exist to determine the time in which
such construction shall be done.
SECTION XIX
If the Partnership fails or refuses to promptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Partnership written notice of
such deficiencies or default and a reasonable time within which the
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GORDON
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CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
so
Partnership shall remedy the same, which notice shall specify the
deficiency or default. If the Partnership fails to remedy such deficiency
•
or default within the time required by the notice from the Board, the
• Board may thereafter schedule a hearing concerning the same with
reasonable notice thereof to the Partnership and after such hearing at
® which all interested parties shall be heard, the Board may further limit
or restrict this franchise or may terminate and cancel the same in whole
•� or in part if proper reasons thereby are found by the Board. If the Board
enters an order pursuant to such hearing and the Partnership or any
other person feels aggrieved by such order, the utility or such other
person may seek review of the Board's action by proceedings in the
Circuit Court of the County.
C�l�l1TTI'11.1 V\I
Any person using in normal average consumption more than
100,000 gallons of water per day shall not be required to deal with the
Partnership but any such water user shall be at liberty to secure its water
from such source or sources as it might desire, so long as the independent
water source does not adversely affect partnership supply. Nothing in
this franchise shall prevent landowners from exercising their vested
rights or privileges as set forth and contained in any license issued to
any utility heretofore granted by the Board pursuant to Section 125.43,
Florida Statutes.
OT1111-11.1 V\!T
The Partnership shall design all facilities within the franchise
area to conform to the Indian River County Master Plan for utilities,
when applicable. Permits shall be required for the placement or location
of wells and treatment plants. The County Engineer, or his designee,
shall approve the plans and permits. In addition, all plans shall be
approved by the Department of Environmental Regulation and other
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GORDON
15-
GORDON B. 1C.fNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
appropriate agencies. The County shall make necessary inspections
during construction, and quarterly thereafter, as covered by a permit
fee of $1,030.00 for the commercial phase and $1,438.00 for the
residential phase to be paid by the Partnership upon approval of this
franchise.
�rnTtnty XYTt
When the County takes over said water and sewer system, the
Partnership agrees to convey to County all internal pipes. The Partnership
also agrees to grant to County any easements necessary to connect the
franchise's water and sewer system to the County's water and sewer
system without charge.
SECTION XXIII
If any word, sections, clause, or part of this resolution is
held invalid, such portion shall be deemed a separate and independent
part and the same shall not invalidate the remainder.
IN WITNESS WHEREOF, the Board of County Commissioners of
Indian River County, Florida, has caused this franchise to be executed in
the name of the County of Indian River by the Chairman of the Board of
County Commissioners, and its seal to be affixed and attested by its
Clerk all pursuant to the resolution of the Board of County Commissioners
adopted on the 10th day of September
Signed, sealed and delivered
in the presence of:
1980.
COUNTY OF INDIAN RIVER, FLORIDA
W. W. Sic -N!,1 -t, Chairman i
Board of County Commissioners
Attest: a—_ c
Freda Wright, Clerk
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GORDON
16-CORDON 6. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
so
ACCEPTANCE OF FRANCHISE
Oslo Square Shopping Center Associates, a Florida general
partnership, does hereby accept the foregoing franchise, and for their
® successors and assigns, does hereby covenant and agree to comply with
and abide by all of the terms, conditions and provisions therein set
® forth and contained.
DATED at Vero Beach, Indian River County, Florida, this
day of 1980.
OSLO SQUARE SHOPPING CENTER
ASSOCIATES
By:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take acknowledgements,
personally appeared,
of Oslo Square Shopping Center Associates, a Florida general partnership,
and he acknowledged before me that he executed the foregoing instrument
for the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County
aforesaid this day of , 1980.
Notary Public, State of Florida at Large
My commission expires:
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA `��