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HomeMy WebLinkAbout1980-088(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. JOHNSION, ATTORNEY AT LAW, VERO BEACH, FLORIDA RESOLUTION NO. 80 - 88 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 "Village Green Phase 4 Water and Sewerage System Franchise." •s 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: Florida -Atlantic Associates, a New York 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. JOHNSION, ATTORNEY AT LAW, VERO BEACH, FLORIDA capacity for future use in connection with the obtaining, treatment, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by business or industry and without limiting the generality of the foregoing, shall embrace all necessary appur- tenances 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 s3stem 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. There is hereby granted by the County to the Partnership the non- exclusive franchise, right and privilege to erect, construct, operate and maintain a water system and sewerage system within the described terri- tory 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 and other appurtenances necessary therefor in, along, under and across the -2- GORDON 8. JOWWN, ATTORNEY AT LAW, VERO BEACH, FLORIDA so public alleys, streets, roads, highway, and other public places of the County; provided, however, that the County reserves the right to 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 public places. SECTION IV The territory in which this franchic..- shall be applicable is all that part of Indian River County, `Florida, located within the following -described s� boundary lines to -wit: Tract 11, less and except the East 30 feet thereof of Section 2, Township 33 South, Range 38 East. according to the last general plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, page 25, said land now lying and being in Indian River County, Florida, LESS AND EXCEPT land described in Official Record Book 575, page 1402, public records of Indian River County, Florida. TOGETHER WITH right-of-way in common with other owners of land in Tract 10 and 11, in Section 2 above described, their heirs and assigns, at all times and for all purposes with or without vehicles or animals, to and from the property herein above conveyed, or any part thereof over and along a strip of land 60 feet wide; being the West 30 feet of said Tract 10 and East 30 feet of Tract 11 of Section 2. Township 33. Range 38 as above described. Also, The North 660 feet of the East 330 feet of Tract 13, Section 2, Township 33 South, Range 38 East, of Indian River Farms Company, according to Plat filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. And also, Beginning at the Northwest corner of the North 660 feet of the East 330 feet of Tract 13, Section 2, Township 33 South, Range 38 East, run West a distance of 330 feet along the North boundary line of said Tract 13; thence run South a distance of 330 feet to a point; thence run east a distance of 330 feet to a point; thence run North a distance of 330 feet to the Point of Beginning. Said land lying and being in Indian River County, Florida. Also, All of Tracts 14,15 and 16, Section 2, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said land now lying and being in Indian River County, Florida. Florida -Atlantic Associates, a New York General Partnership, shall at all times during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regula- tion as the County shall hereafter by resolution provide. -3- CORDON B. 10' TON, ATTORNEY AT LAW, VERO BEACH, FLORIDA SECTION V ® It is expressly understood and agreed by and between Florida - Atlantic Associates, a New York General Partnership, and 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 suit, judgment, execution, claim or demand whatsoever resulting from negligence on the e part of Florida -Atlantic Associates, a New York 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 negli- gence 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 Florida -Atlantic Associates, a New York 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 "Construction Specifications" of the City of Vero Beach, Water and Sewer Department, adopted November 1, 1977, or as amended. Upon approval by the County of the plants and systems, a -4- GORDON B. JUHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA permit shall be issued to Florida -Atlantic Associates, a New York General ® Partnership, for the construction thereof. The right is hereby reserved to 0 the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority 0 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. They 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 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 conveyance. Partnership shall, in addition, grant necessary easements to County without charge to connect the water and/or sewerage systems to County's 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 -5- CORDON B. 10HN57r N, ATTORNEY AT LAW, VERO BEACH, FLORIDA of year, extending for the duration of this franchise. The County shall require ® the Partnership to comply with all landscape ordinance regulations as • 40 enacted by the County. 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. (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 Board. (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 request said Board that a group of arbitrators be appointed. and such group shall consist of; -6- CORDON B. OHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA U 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. SECTION IX All water pipes, mains, hydrants, valves, blowoffs, and sewer mains and manholes, and other fixtures laid or placed by the Partnership 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 pave- ment, 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; -7- CORDON R. )OI:,JSTON, ATTORNEY AT LAW, VERO BEACH, rLORIDA provided, however, in the event of this termination of easement, the party other than the County requesting such termination shall pay to the Partner- ship, 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. 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 dis- advantage. SECTION XI (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 Partner- ship 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 by 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 deter- mine, and thereafter, the territory shall be only the area set forth, defined, and provided by the Board, and the provisions 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 -a- CORDON B. 'OHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA s® •• financially feasible. Financially feasible shzill mean that a fair and reason- able rate to be charged by the Partnt:rship for all its services under this franchise; that such rate of return on the net valuation of its property devoted thereto under efficient and economical management. The burden of I showing that a prospective service to the area is not financially feasible shall be the burden of the Partnership. 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 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 transferree, 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 unreasonably withheld. Any sale or transfer, by the Partnership 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. -9- CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA ws� 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. 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. The Partner- ship agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. 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 RATE Residential and Commercial (whether individual meter or commercial meter) First 2, 000 gallons (Base Rate per unit) Allover 2, 000 gallons SEWER Residential First 2, 000 gallons (Base Rate per unit) All over 2, 000 gallons Commercial $7. 10 per month, minimum $1. 50 per 1, 000 gallons RATE $7. 10 per month, minimum 87% of $1. 50 per 1, 000 gallons up to 10, 000 additional gallons, maximum Including schools, public buildings, 100% of water bill churches, service stations, retail stores, and all non-residential services -10- CORDON 8 JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA s® 40 CONNECTION CHARGES Connection charges for both the water and sewer hookups shall be $300.00 each. Mobile home units located within service areas shall never be individually zwmetered. � IMPACT CHARGES A. The Partnership agrees to pay the sum of Five Hundred Dollars ($500.00) per month until the sum of Twenty -Seven Thousand Four Hundred Twenty -Four Dollars ($27, 424.00) has been accumulated to the County. In addition, the Partnership agrees to pay the sum of Seventy Dollars ($70. 00) per unit as each unit is completed into the County's master water system as a future hookup impact charge. Both of said above amounts shall be for main extension as provided in Ordinance 30-21. The Partnership further agrees to pay the sum of One Hundred Fifty -Seven Dollars ($157.00) per unit as each unit is completed as a future impact charge for plant capacity as provided in Ordinance 80-22. The County will establish an interest-bearing passbook account and will deposit all sums into said account holding said funds until such time as the County is in a position to supply water 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 distribution system, and shall furnish water services to individual customers, all sums of money remaining in said account, except accumu- lating 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. -11- GORDON B. !DHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA (2) The Ordinance 80-20 Plant Capacity fee is based on the Mclaims of the developer of 113 gallons per day per residential unit. Should experience indicate a higher flow demand, this prepaid amount shall be supplemented based on the flow demand formula of Unit Connection Charge (initially $500.00 per unit) X Peak average demand. The average demand M 350 GPD ERC shall be taken from existing records prior to connection to the County 16.0 system. (3) Throughout the term of this franchise, the Partnership shall be entitled to any and all interest which shall be paid annually on or before 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. B. The Partnership agrees to pay to County the sum of Five Hundred Dollars ($500.00) per month for a maintenance account until said sum reaches the sum of Thirty Thousand Dollars ($30, 000.00). Said fund shall be used as a sinking fund and applied only for repairs and/or replacement of the water system as the need arises. The County is granted the right to make necessary repairs using said funds in the event of default on the part of Partnership in maintaining the quality standards established in this franchise. The Partnership also agrees that the cost of a meter at such time as the County provides water services to the franchise area may be t aken out of this fund. C. The Partnership agrees to pay to County impace fees and maintenance charges relating to commercial property located within said service area at such time as said County provides for development. Said fees are to be dealt in accordance with Ordinance 80-21 and Ordinance 80-22. 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 -12- CORDON B. JOHK;MN, ATTORNEY AT LAW, VERO BEACH, FLORIDA •4 40 determined 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, 401 after request is made upon it by the Board, fails to satisfy or remedy such j elm 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 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. 01.11-mrnTT V[TTT 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 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. -13- CORDON B. JOI.NSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA •o ® 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 Partner- ship 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. 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 -14- GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA 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. SECTION XXI 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 appropriate agencies. The County shall make necessary inspections during construction, and quarterly thereafter, as covered by a permit fee of $12,960.00 to be paid by the Partnership upon approval of this franchise. C r_11 ­f Tr%XT -TT 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 1980. -15- GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA so Signed, sealed and delivered in the presence of: Attest: %. Freda Wrig , �16- COUNTY OF INDIAN RIVER, FLORIDA By Wi ar . ie ert, J ' Chairman Board of County Commissioners CONSENT AND ACCEPTANCE OF FRANCHISE FLORIDA MOBILE HOME COMMUNITIES, INC., a Florida corpora - ®M tion, one of the property owners of the property covered in the service area of this franchise, does hereby consent to and accept the foregoing WM franchise, and for their successors and assigns, does hereby covenant and of 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 17th day of September 1980. FLORIDA MOBILE HOME COMMUNITIES, INC. By nald W. FreqmqnV President Attest: ichard I. Sills, Secretary 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 acknowledgments, personally appeared DONALD W. FREEMAN and RICHARD I. SILLS, well known to me to be the President and Secretary respectively of FLORIDA MOBILE HOME COMMUNITIES, INC., a Florida corporation; and they acknowledged before me that they executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this 17th day of September 1980. Notafry Public, State of Florida at Large My commission expires: NOTARY PUBLIC STATE OF. FLORIDA AT LARGE MY CO'.1MISSION EXPIRES SEPT , 12 1984 BONDED THRU GENERAL INS. UNDERWRITERS Nve GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA r � •0 CONSENT AND ACCEPTANCE OF FRANCHISE FLORIDA MOBILE HOME COMMUNITIES, INC., a Florida corpora - ®M tion, one of the property owners of the property covered in the service area of this franchise, does hereby consent to and accept the foregoing WM franchise, and for their successors and assigns, does hereby covenant and of 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 17th day of September 1980. FLORIDA MOBILE HOME COMMUNITIES, INC. By nald W. FreqmqnV President Attest: ichard I. Sills, Secretary 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 acknowledgments, personally appeared DONALD W. FREEMAN and RICHARD I. SILLS, well known to me to be the President and Secretary respectively of FLORIDA MOBILE HOME COMMUNITIES, INC., a Florida corporation; and they acknowledged before me that they executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this 17th day of September 1980. Notafry Public, State of Florida at Large My commission expires: NOTARY PUBLIC STATE OF. FLORIDA AT LARGE MY CO'.1MISSION EXPIRES SEPT , 12 1984 BONDED THRU GENERAL INS. UNDERWRITERS Nve GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA of 40 ii Gary Brandenburg AVvJL County Attorney SUBJECT: VILLAGE GREEN WATER & SEWER FRANCHISE VILLAGE GREEN PHASE A 0 WATER & SEWERAGE SYSTEM \\,�'� FEFEREN NCHiSE FROMJoyceS. Hamilton W Franchise Administ�tor_ � _llsilitY S e r v i c e s 0 W Per your request, I have examined the franchise agreement for Village Green East and West. Village Green Phase IV (known as West) was granted their franchise September 17, 1980 (Resolution 80-88). It has not been revised to date. The location map for Village Green West is attached to this memo. Village Green Water and Sewer Franchise (known as East or Phase 1, 2, 3) was granted their franchise November 21, 1973 (Resolution 73-82). Resolution 73-82 was amended by Resolution 78-65 September 22, 1978, which transferred the franchise to Florida Mobile Home Communities, Inc. Resolution 78-65 was amended by Resolution 80-33 April 14, 1980, which transferred the franchise to Florida Atlantic Associates. Resolution 80-33 was amended by Resolution 80-73 July 30, 1980, which extended the service area. Please note, there are two resolutions numbered 80-73. One was executed August 13, 1980, and the other was executed August 15, 1980. Both grant the extension of service territory. Resolution 80-73 was the most recent revision for the Village Green East franchise. The only location map on file for Village Green East is one filed for the expansion of service territory in 1980. It is attached along with copies of the above mentioned resolutions. This concludes the summary of these two franchises. If you have any questions, please do not hesitate to contact this office. cc: Terrance G. Pinto, Utility Services Director NOTE' HATCHED AREA REPRESENIS DESCRIBED FRANCHISE AREA. so L-1 do Ll 0o 1 r• cMreeFlaln "..1 Perot. Co. S 1.+33 t:.at B!g Beaver Aond �7:oy. Nlchlgaa ISOB4 3 0.. 1'.YniJr., John M. '!n'I 4caola eoul.wrd ,Aockledge. Florida 3295S Xub.r; clean Z. and Francis J, 4 10/:.at r.ae _'Ye ro Oeach, ►l orlda 12969 Jerunk0, Bernard 'S poet Oltle. eo. 352 •hurtforl, C.nneetieut 06101 SaPP, AYbry and Martha J. 6 1005 . 36th Court ver. a ... h, Florida 12960 Fountain, John M. Jr, 7 017 Oweol• Drive Roekleegi, Florida 3 2955 rltrpatrlck, Ann F. 8 2130 S.uIh Pa t ter eon Boulevard, 1 Dayton, Ohio 45409 Tr.ehl.r, Robert end Mildred L. 9 2016 - 16th Avenue Vero Beach, Florida 32960 Arcf, Gal wtow and Just• and 20 - 15th s10 1. of ., end Nary treeRoe: Archie 6t Niagara Falls, New York 14301 Arist.k Props rtfes, Ltd. 11 Three Park Cancra 1, Sult. 250 Denver, Colorado 30202 yt. Pierce. Florida 33450 Dean, Frank A. Jessie 12 1956 - 36th A—nu. Vero Beach, Florida 12960 Dean, WOF111 L. end Ruth 13 1936 - 36th Avenue Vero Beach, Florida 32960 J STATE ROAD 60 I NO SCALE 26 Pe )mar, lMel.e 0. . - 3 Paladin, V/meant C. B JO IIOVi 0t[Nt a burl 1. Bea I. , �Lodl, Mer Jarm iy 07t11 P..".. Ni.conein 3465. R.Id. Louise K. Charles K. Stanford Knt.rpria.e. Ino. 16 gid, Park Drlva 28 cox iia Ott ar.. On tar lo. Ca Md. Vefo Beech, rlofld. 17960 -- Darrach, Alna Sr.—, Larry KdrarA 17 )20 Ea.t Thelma Street 29 Route 1, nn. 551 Leko Alfred, rl0f1AA 31650 Vero Reach, r1nrl24 12960 Lyhrnad Jr., Noah F. and Cla [a B. Comas Sr., Mal t.'r D. and Joan L. and J. 7 end LuM. Thomas ycro 18 Post office nox 1707 Beach, rinrlAe 7796u Vero Beach. Fl ,I do )2960 Clayton Jr., .tarry N. and Muriel D. Ili tch Jr., l'hauncuy R. 31 Pu.t Offlce D.x 171 19 510 Bny UrIV. Pilo. Ilelght., Ill tool• 60461 Vero nee ch, rlorlde ]7960 p.wey, Novi nl r. and Shirley G,� Blogoslnrekl Com"any'Inc. 32 1770 - 26th Avenue 20 111 Ful-1eq On Avenue Vero ne..h, Florida 12960 New Britain. Connecticut 06051 Leroy E. Smith'% Son*, Inc. Cleyton. Ira rry N. and Muriel D. 33 Post Office Box 716 21 Post ofice Box 773 vire Beach, Florida 77960 Palos Nel9 hta, Illinois 6046) Kid. Kru.ade, Inc. Mal lace, JOaPPh E. 34 1416 • 62nd Avenue 22 3165 - 70th Street Veru Beach, Florida 12960 Vero Do eco, FIo[Ida 77960 Guild Proper tfa •, Inc. L Tera. Do:.: Bic lTr1 35 US South Nl:: i.alppl River Blvd. 23 1295 - 24th Avenue St. Paul. Minnesota 55116 Vero Beach., Florida 72960 Arletrk Prope[ele i, Ltd. Palmar. Charles G. and Marina G. 36 Three Park Ce n1 .l. Suite 750 24 Route 1, Box 141 Denver, Colorado 80202 Sparta, Wisconsin 54656 Richardson, D. K. Tr -dell. Robert A. and Daisy Bell 37 Poet Office Box 370 25 Building 1, Apartre0t 101 Vero Beach, Florida 72960 512 c usevay OUulevard Jensen Beach, Florida 73157 Union Oil Com of Ca11[ernla 38 Post O[(lc¢ BOX4147 Atlanta, Georgia ]0102 Charles L. Martel, Inc. coo Holiday In West 4 5 39 Route 60 end f-95 Vero Beica, Florldi )7960 STATE ROAD 60 I NO SCALE •e C7 C_' G 0• RESOLUTION NO. 80 - 88 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 "Village Green Phase 4 Water and Sewerage System Franchise." SECTION II For the purpose of this Resolution, the following terms, phrases, i 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", maybe "County Administrator." (c) "Partnership" is the Grantee of rights under this franchise, to -wit: Florida -Atlantic Associates, a New York 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 capacity for future use in connection with the obtaining, treatment, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by business or industry and without limiting the generality of the foregoing, shall embrace all necessary appur- tenances 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. There is hereby granted by the County to the Partnership the non- exclusive franchise, right and privilege to erect, construct, operate and maintain a water system and sewerage system within the described terri- tory 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 and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highway, and other public places of the County; provided, however, that the County reserves the right to 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 public places. .qFC'TTC1N TV The territory in which this franchise shall be applicable is all that part of Indian River County, `Florida, located within the following -described 0• boundary lines to -wit: Tract 11, less and except the East 30 feet thereof of Section 2, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, page 25, said land now lying and being in Indian River County, Florida, LESS AND EXCEPT land described in Official Record Book 575, page 1402, public records of Indian River County. Florida. TOGETHER WITH right-of-way in common with other owners of land in Tract 10 and 11, in Section 2 above described, their heirs and assigns, at all times and for all purposes with or without vehicles or animals, to and from the property herein above conveyed, or any part thereof over and along a strip of land 60 feet wide; being the West 30 feet of said Tract 10 and East 30 feet of Tract 11 of Section 2, Township 33, Range 38 as above described. Also, The North 660 feet of the East 330 feet of Tract 13, Section 2, Township 33 South, Range 38 East, of Indian River Farms Company, according to Plat filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida. in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. And also, Beginning at the Northwest corner of the North 660 feet of the East 330 feet of Tract 13, Section 2, Township 33 South, Range 38 East, run West a distance of 330 feet along the North boundary line of said Tract 13; thence run South a distance of 330 feet to a point; thence run east a distance of 330 feet to a point; thence run North a distance of 330 feet to the Point of Beginning. Said land lying and being in Indian River County, Florida. Also, All of Tracts 14,15 and 16, Section 2, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25; said land now lying and being in Indian River County, Florida. Florida -Atlantic Associates, a New York General Partnership, shall at all times during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regula- tion as the County shall hereafter by resolution provide. 0 so SECTION V ® It is expressly understood and agreed by and between Florida - Atlantic Associates, a New York General Partnership, and 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 suit, judgment, execution, claim or demand whatsoever resulting from negligence on the •o part of Florida -Atlantic Associates, a New York 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 negli- gence 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 Florida -Atlantic Associates, a New York 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 "Construction Specifications" of the City of Vero Beach, Water and 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 Florida -Atlantic Associates, a New York General or -M Partnership, for the construction thereof. The right is hereby reserved to 4W the County to adopt, in addition to the provisions herein contained 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. They 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 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 j County at the time of acceptance by a customary means of conveyance. Partnership shall, in addition, grant necessary easements to County without charge to connect the water and/or sewerage systems to County's Master i 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 -5- and all of the same shall be subject to the approval of the Board. (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 request said Board that a group of arbitrators be appointed, and such group shall consist of; 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. 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. 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 Board. (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 request said Board that a group of arbitrators be appointed, and such group shall consist of; 40 ;i 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. SECTION IX t All water pipes, mains, hydrants, valves, blowoffs, and sewer mains and manholes, and other fixtures laid or placed by the Partnership 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 pave- ment, 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; -7- provided, however, in the event of *.his termination of easement, the party other than the County requesting such termination shall pay to the Partner- ship, 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. az+nmT1-%M V 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 dis- advantage. SECTION XI (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 Partner- ship 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 by 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 deter mine, and thereafter, the territory shall be only the area set forth, defined, and provided by the Board, and the provisions 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 -8- oe financially feasible. Financially feasible shall mean that a fair and reason- ® able rate to be charged by the Partnership for all its services under this franchise; that such rate of return on the net valuation 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 shali.be the burden of the Partnership. oe cz.nmr�*� vrr 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 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 transferree, 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 unreasonably withheld. Any sale or transfer, by the Partnership 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. •• Ib 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. SECTION XIV The rates charged by the Partnership for its service hereunder shall i� 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. The Partner- ship agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. 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 RATE 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 $7. 10 per month, minimum $1. 50 per 1, 000 gallons RATE $7. 10 per month, minimum 8716 of $1. 50 per 1, 000 gallons up to 10, 000 additional gallons, maximum 100% of water bill CONNECTION CHARGES Connection charges for both the water and sewer hookups shall be $300,00 each. Mobile home units located within service areas shall never be individually metered. 40 • IMPACT CHARGES A. The Partnership agrees to pay the sum of Five Hundred Dollars ($500.00) per month until the sum of Twenty -Seven Thousand Four Hundred Twenty -Four Dollars ($27, 424. 00) has been accumulated to the County. In addition, the Partnership agrees to pay the sum of Seventy Dollars ($70. 00) per unit as each unit is completed into the County's master water system as a future hookup impact charge. Both of said above amounts shall be for main extension as provided in Ordinance 80-21. The Partnership further agrees to pay the sum of One Hundred Fifty -Seven Dollars ($157. 00) per unit as each unit is completed as a future impact charge for plant capacity as provided in Ordinance 80-22. The County will establish an interest-bearing passbook account and will deposit all sums into said account holding said funds until such time as the County is in a position to supply water services to the franchised area. The agree that the parties account shall be in the County's name and shall be held under the following conditions: i (1) At any time that the County shall acquire its own water distribution system, and shall furnish water services to individual customers, all sums of money remaining in said account, except accumu- lating 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. -11- •A (2) The Ordinance 80-20 Plant Capacity fee is based on the claims of the developer of 113 gallons per day per residential unit. Should experience indicate a higher flow demand, this prepaid amount shall be •_M supplemented based on the flow demand formula of Unit Connection Charge (initially $500. 00 per unit) X Peak average demand. The average demand • 350 GPD ERC shall be taken from existing records prior to connection to the County so= system. (3) Throughout the term of this franchise, the Partnership shall be entitled to any and all interest which shall be paid annually on or before 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. B. The Partnership agrees to pay to County the sum of Five Hundred Dollars ($500.00) per month for a maintenance account until said sum reaches the sum of Thirty Thousand Dollars ($30, 000.00). Said fund shall be used as a sinking fund and applied only for repairs and/or replacement of the water system as the need arises. The County is granted the right to make necessary repairs using said funds in the event of default on the part of Partnership in maintaining the quality standards established in this franchise. The Partnership also agrees that the cost of a meter at such time as the County provides water services to the franchise area may be taken out of this fund. C. The Partnership agrees to pay to County impace fees and maintenance charges relating to commercial property located within said service area at such time as said County provides for development. Said fees are to be dealt in accordance with Ordinance 80-21 and Ordinance 80-22. C�T!"�T T/"1T1 VTTT 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 of C-1 determined 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 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. SECTION XVII 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 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. -13- 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 Partner- ship 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. SECTION XX 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 -14- n • ® 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. SECTION XXI f • i 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 appropriate agencies. The County shall make necessary inspections during cor,struction, and quarterly thereafter, as covered by a permit fee of $12,960.00 to be paid by the Partnership upon approval of this franchise. SECTION XXII 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 1980. -15- Signed, sealed and delivered in the presence of: 1'i �j Attest: Fre a ri.g r COUNTY OF INDIAN RIVER, FLORIDA By '! Wi ar i43, ert., e Chairman: Board .,of =county Commissioners 00 40 40 0 so k CONSENT AND ACCEPTANCE OF FRANCHISE FLORIDA MOBILE HOME COMMUNITIES, INC., a Florida corpora- tion, one of the property owners of the property covered in the service area of this franchise, does hereby consent to and 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 17th day of September 1980. STATE OF FLORIDA COUNTY OF INDIAN RIVER FLORIDA MOBILE HOME COMMUNITIES, I - INC. By nald�W, President Attest: ,�.._,./�74a ichard I. Sills, Secretary I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared DONALD W. FREEMAN and RICHARD I. SILLS, well known to me to be the President and Secretary respectively of FLORIDA MOBILE HOME COMMUNITIES, INC., a Florida corporation; and they acknowledged before me that they executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid this 17th day of September , 1980. Not ry Public, State of Florida at Large My commission expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES SEPT . 12 1984 80NVED THRU GENERAL INS, UNDERWRITERS -17-