HomeMy WebLinkAbout1983-107�y r
RW,ou7 'IcN too. 83-10 7
BE IT Fn.S0LVM by the Board of County commissioners of Indian River
County, Florida;
SECTION I
This Resolution shall be known and may be cited as the "CITRUS
UTILITIES, MC., WATER AND WA91111ATER SYS"TE"M FRANQiiS ".
SECTION II
DEFINITIONS
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 ntzber include the singular and vice
versa. The word "shall" is always mandatory.
(a) "County" is Indian River County t' .i.lity Services Department, a
political subdivision of the State of Florida.
(b) ocaL lty Engineer" may be "County Administrator or County
Utilities Director".
(c) "Utility" is the Grantee of rights under this f.Mchise, to
wit: CITRUS UTILITIES, INC.
(d) "Board" is the Board of County Commissioners.
(e) "person" is any person, firm, partnership, association,
corporations 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 Systew' shall mean and include any real estate,
attachwnts, fixtures, impounded water, water mains, services, valves,
meters, wells, pipes, tanks, hydrants, pumps, reservoirs, systems,
facility or other property, real or personal, used or useful or having
the present capacity for future use in connection with the collection,
obtaining, treatment, supplying and distribution of water to the public
for human consumption, fire protection, irrigation, consumption by
residential, business or industry, oration of sewage disposal plants
and, without- limiting the generality of the foregoing, shall embrace all
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necessary appurtenances and equipment atui shall include all property,
rights, easements, licenses and franchises relating to any such system
and deemed necessary or convenient for the operation thereof.
{h) "wastewater SysteW' shall mean and include any 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 wastewater effluent and residue for the public and without
limiting the generality of the foregoing definition shall embrace
treatment plants, punping 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/or wastewater and the treatment thereof.
(j) "Hookup and/or Connection" is the connecting of potential
user's property to the water and/or w%atewater system in order to
utilize the Utility's services.
SECTION III
GRANTING of FRANCHISE
There is hereby granted by the County to the Utility the
non --exclusive franchise, right and privilege to erect, construct,
operate and maintain a water and/or wastewater system as herein defined
within the described territory as herein provided and for these purposes
to sell and distribute treated water and/or wastewater 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 therefore 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.
Indian lti.ve?r County and franchisee recognize that franchisee will
not provide a water treatment plant or a wastewater treatment plant on
site, and have made arrangements for construction of a water
distribution line and a wastewater collection line to transport water
and wastewater to and from General Development Utilities located in the
City of Sebastian.
FA
The Utility 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 regulation as the County shall
hereafter by resolution provide, provided hover, such regulations
shall not be inconsistent with the terms hereof.
The Utility shall supply the County with copies of its Department
of Environmental Regulation monthly operating reports and. trouble
reports, if any.
The right is hereby reserved to the county to adopt, in addition to
the provisions herein contained and existing applicable resolutions or
laws, such additional regulations and increase fees and charges as it
shall find necessary in the exercise of the police power and lawful
authority vested in said County, provides] 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, but not the duty, to inspect all construction or installation
work performed.
..ITY`PTnM 'M
TERRITORY/MSR; ARM
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..
See Exhibit "A,r attached hereto and incorporated herein.
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M 1101D HARMLESS CIAUSE
It is expressly understood and agreed by and between the Utility
and the County that the Utility 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, or intentional wanton, willful and reckless acts on the part
of the Utility in the construction, operation or maintenance of the
water and/or wastewater system 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 Utility may he
prosecuted directly by such person against the Utility. The County
shall notify the Utility promptly after presentation of any clam~ or
demand.
CERTIFICATION OF CUDLIANCE
SECTION VI
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The Utility shall maintain and operate its watGr/wastewater system
and render efficient service in accordance with the rules and
regulations as are or may be set forth by the ward frau time to time,
which shall include but not be limited to "Construction Specification
for Water Treatment/DistriLution and Sewage Treatment/collection
Facilities" proaulgated by Indian River County Utilities Department,
July 1480, or as amended. The County shall require the. Utility to
comply with the above standards. Prior to the issuance of a
construction permit, the Utility's project engineers shall certify to
the County that the design standards as set forth in said "Construction
Specifications" of Indian River Utilities Department, July, 1980, or as
amended, will be met by oompletion of the project as shown on the plans
submitted. The Utility shall cause said certification to be submitted
to the County along with the Florida Department of Environmental
Regulation applications and plans, for county review. Submission to the
county for review may occur simultaneously with submission of said
documents to the Florida Department of Environmental Regulation. Upon
approval by the county of the plant and system, a permit shall be issued
to the Utility for the construction thereof.
Prior to the issuance of a construction permit, certification from
the Indian River County Fire Department must be obtained certifying fire
flow requirements have been met.
Upon the completion of all construction of the distribution and
collection lines, the project engineer for the Utility shall certify,
under seal, that the lines have been constructed substantially in
accordance with the pians and specifications previously approved and
that the lines meet all of the standards required by the County. The
certification shall include submission to the County of two sets of
'$as-built"'(as defined by the County) drawings, consisting of one set in
reproducible vellums and one set of regular blueline prints; and that
the lines meet all of the standards required by the County, including
pressure and leakage tests, chlorination and bacteriological tests,
infiltration and exfiltration tests. Upon receipt, of certification from
the engineer, the County will issue a letter acknowledging the
construction of the water and/or wastewater lines. No service is to be
provided to customers until such time as the: County issues a letter of
acknowledgment. 'rhe issuance of said letter shall not be unreasonable
withheld. The Utility shall grant necessary easements to the County
without charge to connect the water and/or wastewater lines to the
County Master Water and/or Wastewater System together with such
easements as are necessary to provide access to the water and/or
wastewater lines, where and if the County makes water and/or wastewater
service available to the project. The Utility shall pay a one thousand
dollar ($1,000) franchise application fee at the time of the submission
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of the franchise application, and agrees to pay all other fees which may
be applicable during the operation of the system.
SECTION VII
CERTIFICATION OF OPERATIONS AND MAINTENANCE
All of the facilities of the. Utility shall be constructed in
accordance with the plans and specifications approved by the Department
of Environmental Regulation of the State of Florida and Indian River
County Utilities Department. The manner of treatment and distribution
of water and the manner of collection and disposal of wastewater shall
at all time be and remain not inferior to the quality standards for
public water distribution and public sewage collection and other rules,
regulations and standards now or hereafter adopted by the Dunt of
Environmental Regulation of the State of Florida, or other governmental
body having jurisdiction, including Indian River County.
The. Utility shall supply the County with an annual report of
operations and maintenance certified by the Utility Engineer who mast be
registered in the State of Florida.
SECTION VIII
UTILITY'S AUMORITY TO PROMUWATE NECE—SSARY PROCEDUIMS
(a) The Utility 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 Utility 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 Utility, 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:
1. County Utilities Director
2. Utility Engineer
3. One person selected by the above two persons
and this Board of Arbitrators shall make recd m7end,-ttions to the Board of
County Camii.ssioners, but such reccxnaendations are not mandatory. Any
arbitration shall be in accordance with the Florida Arbitration Code.
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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SOCTION Ix
DEDIC STM EASEN0MM
All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains
and manholes and other fixtures laid or placed by the Utility for the
4 water and/or wastewater system shall be so located in the dedicated
easements in the County after approval by the County Engineer so as not
to obstruct or interfere with other uses made of such public places
already installed. The Utility shall, whenever practicable, avoid
interfering with die 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 county -owned pavan-ent, sidewalk, driveway or other
surfacing, the Utility 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
convened and shall maintain the restoration in an approved condition
for a period of one (1) year. Tn the event that any time the County
shall lawfully elect to alter or change the grade or to relocate or
widen or otherwise change any such County -timed right-of-way, the
Utility shall, upon reasonable notice by the County, remove, relay, and
relocate its fixtures at the Utility's expense. The Utility 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 Utility shall have located its facilities shall be closed,
abandoned, vacated or discontinued, the Hoard may terminate such
easement or license of the Utility thereto; provided, however, in the
event of this termination of easement, the party requesting such
termination shall pay to the Utility in advance, its cost of resmval 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 fifteen (15) feet in width for the benefit of the Utility and its
facilities.
P,FY'P'Tr)M x
SERVICE RBQUIRU4UM
The Utility shall provide service within the franchise territory on.
a non-discriminatory basis as if it were regulated under Florida Statute
Chapter 367 (19BO), except to the extent that said provisions are in
conflict with the provisions of the franchise.
SD=ICN XT
AVAnmTl,ITY or sL•`fwICE
(a) Subject to the provisions of Section X1 (b) the Utility shall
furnish, supply, install and make available to any and all persons
within the franchise territory making demand therefor, its public water
and/or wastewater system, and shall provide such demanding person with
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its services and facilities; provided, however, that the Board may, upon
application of the Utility exteaid time for providing such service to
such demanding person. In the event the Utility fails to ,provide its
services and facilities as a water and/or wastewater system to any area
within tate franchise territory within the time specified by the Hoard,
then in such an event, the County may, by resolution of the Hoard,
limit, restrict and confine the territory to that area then being
serviced by water and/or wastewater by the Utility or such greater area
as the Board shall determine, and thereafter, the territory shall be
only the area set forth, in the resolution adopted by the Board,
(b) The Utility shall not be required to furnish, supply, install
and make available its public water and/or wastewater system to any
person within the franchise area unless the same may be done at such a
cost to the Utility as shall make the addition proposed financially
feasible. Financially feasible shall man that a fair and reasonable
rate of return shall be realized by the Utility 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 prospective service to the area is not
financially feasible shall be the burden of the. Utility.
SF)CTON X -1I
TRANSFER of OWNERSI3IP
The Utility or its shareholders shall not sell or transfer its
plants or systems or stock to another nor transfer any rights under this
franchise to another without the approval of the Board. No such sale or
transfer after such approval shall be effective until the vendee,
assignee or lessee has filed wit1i the Hoard 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 transferable and assignable until
notice or request for transfer and assignment shall be given by the
Utility to the Hoard 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 hoard shall require. A
public hearing may 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 not more than one month or less than one week preceeding
such hearing. certified proof of publication of such notice shall be
filed with the Hoard. The Hoard shall act within ninety (90) days upon
such request. The consent by the Board to any assignment of this
franchise shall not be unreasonably withheld. Any sale or transfer by
the Utility or partners of the Utility taking place contrary to the
terms and conditions of this paragraph shall be considered by the Board
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to be a default by the Utility under this franchise agreement and
subject this franchise to termination.
SECTION XIII
ADEQUATE CAPACITY
Utility warrants adequate capacity to service existing or
anticipated customers and agrees not to provide water and/or wastewater
service unless adequate capacity is available at the time any new
connection is made.
SECTICN XIV
NOTICE OF ADJUSTMW of RAM
Upon the initial connection of ally customer to the water/wastewater
system or upon the reconnection of any new customer to the
water/wastewater system, the Utility shall furnish, by mail, a notice
setting forth the rate schedule then in effect and further containing
the following statement;
"The water/wastewater rates set forth herein have been
authorized pursuant to Indian River county Mater/Wastewater
Franchise Resolution No. _ as amended. Said
water/wastewater rates are subject to adjustzrent pursuant to
said Resolution upon proper showing by the Utility. said.
rates are also subject to adjushTent in the event the
water/wastewater franchise is terminated and Indian Enver
County cmwnces to furnish water/wastewater service to your
prey.
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SDCrION XV
DATE SCMaXE E
The rates charged by the Utility for its service hereunder shall at
all titres be caTpensatory and shall be fair and reasonable and designed
to meet all necessary costs of the service, including a fair rate of
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return on the fair valuation of its properties devoted thereto under
efficient and economical management.. T'he Utility agrees that the County
has the authority to enter into this Franchise Agreerent and the
regulation of said Utility. Utility agrees that it shall be subject to
all authority now or hereafter possessed by the County or any other
regulatory body having conpetent jurisdiction to fix just, reasonable
and compensatory rates. When this franchise takes effect, the Utility
shall have authority to charge and collect, but not to exceed, the
following schedule of rates and rate of return, as contained in "LKhibit
13" attached hereto, which shall amain effective until changed or
modified as herein provided. In setting said rates, the County shall be
guided by the standards set forth in Florida Statute 357.081 relating to
the establishment of rates and charges. In any event, the Utility shall
always be responsible for justifying its proposed rates and charges by
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the submission of accounting and engineering data to the County
Utilities Director. The County shall giant rates to the Utility which
are just, reasonable and coapensatory, which allow the Utility a fair
rate of return on its property, systems and additions thereto. Rates
• and charges may be amended, upon proper justification by the Utility.
other provisions of this ordinance deal with the mechanisms of the
setting of rates and charges.
The rates to be charg€d can reflect a reasonable rate of return on
a rate base that is inclusive of these items.
The Utility shall at any time, when requested by a consumsr, make a
• i test of the accuracy of any meter; prior, however, to any test being
made by the Utility, the sum of ten dollars ($10.00) shall be deposited,
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with the Utility by the party westing such test. such stun shall be
returned if the test shows the meter to be inaccurate an its delivery.
If the meter is inaccurate, the meter will be repaired or changed, and
should the meter reading calibrate too high, a billing adjustment will
be made for no more than the past six month's actual readings. Whenever
it is necessary to shut off or interrupt service for the purpose of
making repairs or installations, the Utility shall do so at such times
as will cause the least amount of inc:onvc-nience to its consumers and,
unless such repairs are unforeseen and immediately necessary, it shall
give not less than five (5) days' notice hereof to its consumers for
non -,emergencies.
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Pursuant to Florida Statute 367.081 "Dates; procedure for fixing
and changing," the approved rates for water and sewer ervice within the
Citrus utilities, Inc., franchise shall be automatically increased or
decreased without hearing, upon verified notice to the County Commission
thirty (30) clays prior to its implementation of the increase or decrease
that the rates charged by General Development Utilities WDU) have
changed. T)w new rates authorized shall reflect the amount of the
change of the rates imposed upon Citrus Utilities, Inc., by GDU.
Before implementing a change in rates under this subsection, the
utility shall file an affirmation under oath as to the accuracy of the
figures and calculations upon which the change in rates is based,
stating that the change will not cause the utility to exceed the range
of its last authorized rate of return.
COMMION CHARGE/CAPACITY DF1tiMD FEE
Connection charge is $375 per Equivalent Residential Connection
(ERC) for water and/or wastewater service. For the purpose of this rate
schedule, an MC is equal to 240 gallons per day of water and/or
wastewater consumption to be treated. one condominium unit is equal to
one ESC.
The basis for the connection charges and main extension charges as
set forth herein has been structured by the Utility with regard to two
major but variable factors; first, the present level of construction
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costs of distribution and treatment facilities; and second, their degree
of treatment sophistication as prescribed by the Department of
Environmental Regulation or body having jurisdiction over the matter.
Without County approval, the schedule of connection charges set forth
do herein may be escalated based upon increases in utility construction
costs as evidenced by the quarterly construction .index published in
Engineering_New Record Ma azi_ne, "Construction Cost Index, 20 Cities".
Utility shall adjust the connection charges set forth herein
semi-annually, with the first such adjustment to be not earlier than
January I, 1984. Any escalution shall not exceed the percentage
• difference between said construction cast index for the base period
ending September 30, 1981, as compared with the period of comparison.
Escrow charges and fees as contain in Section 14V below shall be included
in the respective connection charges listed above and incorporated
therein.
RFY`VT(W X[IT
.Escrow Charges
The Utility agrees to pay a fee in the amount of the currently
imposed contribution in aid of construction for each unit in effect at
the time of the issuance of a certificate of occupancy, as a
contribution in aid, of construction charge (for future connection to
County water distribution mains or wastewater collection systems) as
provided for in ordinance 80-21, Section 3, Part B. Utility further
agrees to pay a sum per ERC for water and wastewater plant capacity
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FRANCHISE EU,
The Utility hereby agrees to pay to the County a franchise fee in
the amount of six percent (6%) of the Utility's annual gross receipts,
(or the sum of five hundred dollars ($500) , whichever is greater),
derived frau monthly service charges to defray the cost of regulation
and for use of County rights-of-way and public places. The Utility
shall pay the 6% franchise fee quarterly. Said fee shall be shown as a
separate additional charge on utility bills..
The Utility shall supply the County with a copy of the Utility's
annual report and financial statements. All records and all accounting
of Utility shall be in accordance with the Uniform System of Accounts of
the National Association of Regulatory Utilities co mnissioners and
general accepted accounting principles. Within ninety (90) days after
close of fiscal year, the Utility shall submit financial statements
prepared by a CPA and in accordance with general accepting accounting
standards and NARUC. Upon demand by the hoard the Utility will submit
audited financial state =ts certified by a CPA. Also, a letter from a
CPA certifying that the six percent (6%) franchise fee and the two and
one-half percent (2�%) renewal and replacement account has been
collected and disbursed in accordance with the tem s of this Agreement.
RFY`VT(W X[IT
.Escrow Charges
The Utility agrees to pay a fee in the amount of the currently
imposed contribution in aid of construction for each unit in effect at
the time of the issuance of a certificate of occupancy, as a
contribution in aid, of construction charge (for future connection to
County water distribution mains or wastewater collection systems) as
provided for in ordinance 80-21, Section 3, Part B. Utility further
agrees to pay a sum per ERC for water and wastewater plant capacity
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cha,ge, as each unit is completed as the future plant capacity charges
as provided for in Ordinance 00-22, Section 1 or according to the
Ordinances in effect at the time Of the issuance of a certificate of
occupancy.
The County will establish separate interest bearing passbook for
the water and wastewater system and will deposit all escrow charges paid
for any and all connections in this franchise. The fees referenced in
this sectior: are subject to the escalation provisions of Section XIV
contained herein, using the County factor established in Ordinance 80--21
and 84-22. The fees referenced in this Section shall always be
reasonable.
Throughout the term of this franchise, the Utility shall be
entitled to any and all ]interest which shall be paid annually on or
before September 30th of each year to the Utility. The Utility shall be
entitled to an accounting of said interest bearing account at any time
upon request made by it to the County.
(A) Should the County at any time within the ensuing seven (7)
years provide a water distribution system and/or wastewater collection
system and furnish water and/or wastewater services to individual
customers within the franchise territory, the sumsof money remaining in
said account consisting of plant capacity charges and contributions in
aid of construction charges shall become the absolute property of the
County and the Utility shall have no rights thereto. in such event, the
Utility shall be absolved frau the obligation of payment of further
connection charges to the County. In the event the above condition is
not met by the County within seven (7) years from the date of this
franchise agreement, the county shall have the following options:
(1) Extend the franchise with all escrowed conies paid to the
Utility and further escrows discontinued.
(2) The county shall have the right to purchase the utility's water
and/or wastewater off-site lines at utility's original construction
costs plus costs associated with capital additions and expansions to the
system less three and one-half percent (3W depreciation per year.
Depreciation on the off-site lines shall be calculated to start at the
time the County issues a letter acknowledging the construction of the
water and/or wastewater off-site lines as provided in Section VI. upon
acquisition of the water and/or wastewater off-site lines, the County
would then own the entire water and/or wastewater system and would
terminate this franchise and provide water and/or wastewater utility
service to the franchise territory. All accumulated escrow fees would
vest in the County. County would receive easements for all lines at no
charge.
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(3) In the event of acquisition of off-site lines by the County, or
the utilization of the County's own plants. the County shall receive the
water distribution and/or wastewater collection system free of cost and
in good repair, wear and tear excepted. The Utility agrees to grant to
40 the County any easements necessary to connect the water and/or wastewater
system to the County's water/wastewater systems without charge. The
Utility stall pay all required fees upon acquisition or upon connection
to County's own plants. Upon connection to County's system, Utility my
utilize any escrowed meanies for the purpose of payment to the County for
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impact or connection fees.
SECTION XVII
FONINMI, & REPLACEMM PCCCiifiT1'
Two and one half percent (2'h$) of the gross receipts of the Utility
shall be placed in an interest bearing renewal and replacement account
for purposes of renewal and/or replacement of the capit.^1 assets of the
water and/or wastewater system of the Utility. Additionally, the
utility shall initially fund said account with fifteen hundred dollars
($1,500) which will also be reserved for capital maintenance items.
Interest shall accumulate in said account until the account reaches five
thousand dollars ($5,000); thereafter anterest shall be paid to the
Utility annually. Said funds shall be used as a sinking fund and
applied only for renewal and/or replacement of the water and/or
wastewater system by the Utility as the need arises; the percentage
required to be placed in the renewal and replacement account may be
amended after review by the County as necessary to maintain a sufficient
account balance taking into account the general condition of the system.
The County is granted the right to make necessary repairs using said
funds in the event of default on the part of the Utility in maintaining
the quality standards established herein. In the event the County
exercises its rights under (2) or (3) above, said fund shall vest in the
County. in the event that the County pL chases the corporation's
utility system pursuant to the previsions of this franchise as stated
above, then any funds in said renewal and replacement account shall vest
in the County.
�.m a�af u� rr•aixr► i r i
INSURANCE
The Utility shall at all times maintain public liability and
property damage insurance in such amounts as set forth in Exhibit "C"
attach hereto and incorporated herein by reference. The Utility shall
cause the County to be duly notified by the insurer in the event of any
modifications or deletions of the insurance as set forth in said Exhibit
"C". said amounts shall be adjusted by the Utility, as shall be
required from time to time by the Hoard in accordance with good business
practices as determined by safe business standards as established by the
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Board for the protection of the County and the general public and for
any liability which may result from any action of the Utility.
F-WSTRUCTION PERMITS
Prior to the Utility placing any of its facilities in any of the
public places as herein authorized, the Utility shall make application
to and obtain any required permits from the County authorizing said
construction in the same iTanner as permits are authorized in the County
for the use of the public mads as shall now or hereafter be established.
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SEMON XIX
CONSU M CUMPIAINrS
If any written complaint is filed with the Board by any persons
serviced by the utility under this franchise, the Board shall first
determine whether reasonable cause exists with respect to said
coaplaint. If the Board finds reasonable cause does exist, the Board
shall so notify the Utility and request the utility tc satisfy or remedy
such omplaint. if the Utility :fails, within a reasonable time, to
satisfy or remedy such canplaint or objection, the Board may review same
according to the provisions hereof. if the Board enters its order
pursuant to such hearing and the Utility feels it is ,aggrieved by such
order, the Utility may seek review of the Board's action by petition for
Writ of Certiorari filed in the Circuit Court of the Coutnty.- otherwise
the Utility shall promptly couply with the order of the Board.
SECTION XX
aiAI+ a IN RATE 5C HEDM
Should the Utility desire to establish rates and charges or should
the Utility desire to increase any charges heretofore established and
approved by the Board, then the Utility shall notify the Board in.
writing, setting forth the schedule of rates and charges which it
proposes. The Utility shall pay any rate structure review fee as the
County may then have in effect and shall furnish the County with all
information requested by the County that is pertinent to the proposed
new rate schedule. 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 tim 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 for a reasonable time as determined by the
Board. if the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by such order, then Utility may seek review of
the Board's action by filing a petition for Writ of Certiorari in the
circuit Court of the County. The Board shall act on the rate request
within ninety (90) days following the public hearing.
F-WSTRUCTION PERMITS
Prior to the Utility placing any of its facilities in any of the
public places as herein authorized, the Utility shall make application
to and obtain any required permits from the County authorizing said
construction in the same iTanner as permits are authorized in the County
for the use of the public mads as shall now or hereafter be established.
13
40
0/
by regulations of the County. The County shall have the right when
special circumstances exist to determine the time during which such
construction shall be done.
SDCTICN XXII
DEVAUIN OF FRANMISE
If the Utility fails or refuses to pronptly faithfully ]seep,
perforin and abide by each and all of the terms and conditions of this
franchise, then the Beard shall give the Utility written notice of such
deficiencies or defaults and a reasonable time within which the Utility
shall remedy the same, which notice shall specify the deficiency or
default. If the Utility fails to reiredy such deficiency or default
within a reasonable time, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Utility, and
after such hearing at which all interested parties shall be heard, the
Board may levy liquidated damages of no less than fifty dollars ($50)
per day that said deficiency or default exists from the date of said
hearing held by the Board, and the Board may further limit or restrict
this franchise or franchise territory or may terminate and cancel the
sante in whole or in part if proper reasons thereby are found by the
Hoard. If the Board enters an order purtivant to such hearing and the
i
Utility feels aggrieved by any such order, the Utility may seek review
I
of the. Board's action by filing a petition for Writ of Certiorari in the
i
Circuit Court of the Cowity.
SMVION XXIII
R.IGf M OF 114MC7MEM,S
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 125.42, Florida Statutes.
t
SWrION XX -TV
CXIMACiUAL AGRi
It is specifically agreed by and between the parties hereto that
this franchise shall be considered a franchise agreement between the
Utility and the County and as such a contractural instrument recognized
under the statutes and Laws of the State of Florida.. This franchise
agreement is not intended to create rights or actions running in favor
of third parties, except as herein specifically provided.
SDL"TlC3N XXV
NON-PMOIORMANCE
Provisions herein to the contrary notwithstanding, the Utility
shall not be liable for the non-performance or delay in performance of
any of its obligations undertaken pursuant to the terms of this
14
as
franchise where said failure or delay is due to causes beyond the
Utility's control, including, without limitation, causes such as "Acts
of God", unavoidable casualties, labor disputes, etc.
Chu Se —ASM —&A
IMEU OF FRANCHISE AREA
The franchise area is intended to be developed as a condcmi.num
development with a condcminum association organized pursuant to chapter
719, Florida Statutes. Anything herein to the contrary notwithstanding,
the Board agrees that the utility may assign this franchise to such
association at any time after its formation, subject to such association
agxee
ing to the terms and conditions hereof and pursuant to the public
hearing requirements set forth under Section XII hereof.
OLYTf1T/' T V TTT
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 Co nussioners of Indian
River County, Florida has caused this franchise to be executed in the
name of the County of Indian River by the Chaiman 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
O mnissioners adopted on the 2nd day of November , 1983.
Signed, sealed and delivered
in the presence of:
Approved , ° form
and legal 1 -
BY
Ir f3ra!tdent�r�y�
Illy Attorney
OWN TY OF RL DEAN 1MVER, FI4RMA
By"�
Richard N. Bird, Chairman
Board of County Ccmrmissioners
Attest:�
Clerk
ACCE?TAN'. 2 OF F7tA 01ISE
, 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 ten -ms,
conditions and provisions therein set forth and contained.
15
i.
as
franchise where said failure or delay is due to causes beyond the
Utility's control, including, without limitation, causes such as "Acts
of God", unavoidable casualties, labor disputes, etc.
Chu Se —ASM —&A
IMEU OF FRANCHISE AREA
The franchise area is intended to be developed as a condcmi.num
development with a condcminum association organized pursuant to chapter
719, Florida Statutes. Anything herein to the contrary notwithstanding,
the Board agrees that the utility may assign this franchise to such
association at any time after its formation, subject to such association
agxee
ing to the terms and conditions hereof and pursuant to the public
hearing requirements set forth under Section XII hereof.
OLYTf1T/' T V TTT
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 Co nussioners of Indian
River County, Florida has caused this franchise to be executed in the
name of the County of Indian River by the Chaiman 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
O mnissioners adopted on the 2nd day of November , 1983.
Signed, sealed and delivered
in the presence of:
Approved , ° form
and legal 1 -
BY
Ir f3ra!tdent�r�y�
Illy Attorney
OWN TY OF RL DEAN 1MVER, FI4RMA
By"�
Richard N. Bird, Chairman
Board of County Ccmrmissioners
Attest:�
Clerk
ACCE?TAN'. 2 OF F7tA 01ISE
, 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 ten -ms,
conditions and provisions therein set forth and contained.
15
nUM at Vero Beach, Indian River C=ty, Florida, this 3vday
1983,
WITNESS: CITRUS UTILITIES, INC. 4 �
f4M
{
no,
"T President
STATE Or FMRIDA
COUNTY OF INDIAN RIVER
I HEREBY C'`EWIF'Y that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appeared of as Prebident of
CITRUS UTILITIES, I1QC., a Florida Corporation, and he acknowledged
before w that he executed the foregoing-nstrument for the uses and
purposes therein expressed.
WITNESS my hand and official seal in the State and County afq);esaid
this day of '77N 1983.
Notary Public, stall of Florida at J,"e
My Conudss-ion expires: f4er7cy Public, Slake of Florida at Large.
My Cumrmsstwi ExMns Jum 16,19M
16
4�EXHIBIT "rA"
400'
GOV. LOT 1,
CITY LIMITS PROJECTa—-.,,� 72�3zo r y
UNIT 7 e 7 ® 1`3,
f
C7 10 17
CITY LIMITS • 22 23 24� 26� 27
!2 29 � 1� 2, 3 i 4 I j��1 7 i��r
32 � 39
GOV. LOT 2.
0
ATTACHMENT "%"
STATE ROAD DITCH
GOV. LOT 4
ADJACENT PROPERTY OWNERS
REFLECTIONS ON THE RIVCR. SHEET I of 4
" Prepared by:
C.C.L. Consuktonts Inc.
M
i
00
CONSULTANTS `M..
fWGINrrM.SUnyrt• nS•PLANNtras
POMPANO (1LAC14 OFFICE Vi R�OO BEACH OITICE ,
440 Epim Sampir linad P.O. tkc x 4124 S
Suite 201, 33D64 Brads Sia,Rinn' 32960
(305) 786.1901 (345) 231.1127
LEGAL DESCRIPTION PROJECT NO. 2038
E14T'IRE PARCEL €X141817 „Awe
ST'AT'E OF FLORIDA
INDIAN RIVER COUNTY
SECTION 17, T. 31 S., R. 39 E.
That certain land described as the Northeast One -Quarter (NE 1/4)
of the Northwest One' -Quarter (NW 1/4) of Section 17, Township 31
south, Range 39 East, lying East of the existing Easterly
right-of-way of U.S. Highway No. 1, less the North GGO feet
thereof and less the South 330 feet of the Southwest One -Quarter
(SW 1/4) of the Northeast One --Quarter (NE 1,/4) of the Northwest
one -Quarter (NW 1/4) lying East of said right -of ---way of said U.S.
Highway No. 1; and Government.Lot 1 of Section 17, Township 31.
south, Range 39 East:, less the North 660 feet thereof, and the
North 550 feet of the Southeast One -Quarter (SE 1/4) of the
Northwest. One --Quarter (NW 1/4) of Section 17, Township 31 South,
Range 39 East; Bring East of the existing Easterly road
right-of-way of U.S. Highway No. 1; and North GGO feet of the
West 550 feet of Government Tot 2, 'Section 17, Township 31 South,
Range 39 East; the above mentioned property also tieing described
as follows:
Commencing at Lhe northwest: corner of Northeast One -Quarter (NE
1/4) of the Northwest One -Quarter (14W 1/4) of Section 17,
Township 31 South, Range 39 East, run East along the north line
of said Section 17 a distance of 84.96 feet to the East
right-of-way line of U.S. Highway No. 1; thence run
n00( 6Y
Page One of Three
40 L4 ,
it I NG F►VI Cfis • Stf17 VC Yi7fiS • PL f7Nh l' ffS
POMPANO BEACH orF�ICE VERO 15EACH C3I"1'bCE - — — —
140 'East S;implc 'Abad P.0. Dox 4124' T.
Suite 201. 33D64 11r2c)I S -tion, 32968
(305) 786.19DI (305) 231-4)27 `
S 250 57' 59" E along said East right-of-4Iay a distance of
736.41 feet; thence run S 890 42" 24*1 E on a line parallel to
I
and 660 feet South of the North line of said Section 17 a
distance of 1446.99 feet, more or less, to the west shore of the
Indian River and POINT OF BEGINNING, said POINT Or BEGINNING
4r i1 being 660 feet South of the North line of Section 17; thence
.retracing last mentioned course run N 890 42' 24" W a distance
of 1446.99 feet., more or less, to the existing right-of-way line
of U.S. Highway Azo. 3.; thence run S 250 57' 59" E along said
East right-of-way a distance of 1469.15 feet; thence rein
S 8'90 23' 3010 2 a distance of 927.58 feet to a point, said
point being the Southeast corner of the North 660 feet of the
West 660 feet of Government Lot 2, Section 17, Township 31 south,
Range 39 East; thence run N 000 17'51" W a distance of 660.09
feet to a liter wood post on the South line of Government beat 1
of Section 17, Township 31 South, Range 39 East; thence run
S 890 24' 17" E along said south line of Government Lot 1. a
distance of 293.60 feet, more or less, the the [fest shore of the
Indian River; thence meander the [rest shore of the Indian River
in a Northwesterly direction to the POINT QP BEGINNING, less and
excepting therefrom the South 330 feet of the Southwest.
One --Quarter (SW 1/4) of the Northeast One -Quarter (NE 1%4) of the
Northwest One -Quarter (NW 1/4) of section 17, Township 31 South,
Range 39 East, lying East of the Easterly right. -of --way of U -s.
1lighway No. 1,
LESS AND EXCEPT the following described property:
Commencing at the Northwest corner of the Northeast One -Quarter
(NE 1/4) of the Northwest One -Quarter MW 1/4) of Section 17,
Township 31 South, Range 39 East, run East, along the North line
Page Two of Three
•
of
4 CONSULTANTS
L'NGIN[C n$ - SUBVE YDBS + PL ANNE RS
r'C3A PAHO UEACH OFFICE WRO BEACH OFFICE__.. -
410 East Sample RoA P.L. Box 4124 °
Suite 701, 33M Bead] 5lation, 3296D
(305) 786.19D1 (905) 271.1127 ,r
of said Section 17, a distance of 84.96 feet to the existing East
right---of--way of U.S. Highway No. 1; thence run 5 250 57' 59" 1:
a distance of 1971.36 feet along the said East right-of-way of
U.S. highway No. l to the P0I12T OF BEGINNING; thence continue
S 250 57' 59" E a distance of 234.2 feet; thence run
S 891 23' 30" E a distance of 208.71 feet; thence run
N 250 57' 59" W and parallel to said East aright -of -way of U.S.
Highway No. l a distance of 234.2 feet; thence run
N 890 23' 30" W a distance of 200.71 feet to the said East
right-of-way of U.S. Highway No. 1 being the POINT OF BEGINNING.
Together with that portion of the South 330 feet of the Southwest
One -Quarter (SW 1/4) of the Northeast One -Quarter (NE 1/4) of the
Northwest One -Quarter. (NW 1/4) lying East of the Easterly
right--of-way line of U.S. Highway No. 1,•
Page Three of Three
S nnl E J;v I
r
EXHIBIT "B"
TABLE 3
PROPOSED RATE SCHEDULE
Citrus Utilities, Inc.
WATER
Connection $375.00/Unit
Base mate 13.00/Month
Gal. Rate 1.75/1000 Gal.
WASTEWATER
Connection $375.00/Unit
Base Rate 13.00/Month
Gal. Rate 1.75/1000 Gal.
TABLE 4
TYPICAL COST PER UNIT
AVERAGE BILL
Flat Rate
Water and Wastewater
7120 gallons per month
(7120/1000) * (1.75 + 1.75)
MINIMUM BILL
Flat Rate
Water and Wastewater
3000 gallons per month
(3000/1000) * (1.75 + 1.75)
CCL CONSULTANTS, INC.
$26.00
24.92
$50.92/Month
$26.00
$36.50/Month
TYPE OF CHARGE
Connection Charges
Base Charge:
FX11.1111i "B"
EXPLANATION OF RATES
TABLE 1
Wastewater Gallonage Rate
water Gallonage Rate
Page 2 of 2
DESCRIPTION
Payable at time a Certificate
of Occupancy is issued for a
unit ani, prior to any service
being provided.
Monthly cost of service
payable by all units which
have received a Certificate of
Occupancy, regardless if
service is provided.
Monthly cost of wastewater
treatment, payable by all
units which are serviced each
month. The cost is based on
the gallonage used, expressed
in thousands of gallons times
the. rate (minimum of 3000
gallons per month).
Monthly cost of water which
will be paid by all units
which are serviced each month.
The cost is expressed in
thousands of gallons times the
rate (minimum of 3000 gallons
per month).
CCL CONSULTANTS, INC.
go
.ARA ANO Al)l)FiFSS OF AUNCY
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/
STATE OF FLORIDA
`
C.8.i. C.'i.TY.
oon"maoviii / ^*` ' » . � , ,I.. . . / . .�..' v, ,.
' ".�...'�. � ...`� .`.`.�'.,".�.�. ./...�^ ` ^..� ....��/.,.....'.......�^.
' ,°o.^ 141
Iy[DlA8 RIVER C0WWTx
1840 - 21—iiStreet
Vero Seaui`, Florida 3296o
"Additional flamed Insured"
'
COMPANIES AFFORDING COVERAGES
P. 0. Box 130
Col:11),itky of North Ain.
Vero Beach, Florida 32k-161-0130
Cit�us Utilities, Inc.
Vero Beach, Florida 32�)60
To Be TsBued
z . | To Re l��mm0
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STATE OF FLORIDA
`
C.8.i. C.'i.TY.
oon"maoviii / ^*` ' » . � , ,I.. . . / . .�..' v, ,.
' ".�...'�. � ...`� .`.`.�'.,".�.�. ./...�^ ` ^..� ....��/.,.....'.......�^.
' ,°o.^ 141
Iy[DlA8 RIVER C0WWTx
1840 - 21—iiStreet
Vero Seaui`, Florida 3296o
"Additional flamed Insured"
'
UTILITY AGREEMENT
THIS AGREEMENT, made and executed this 4& day of 6r"4 ^'- ,
1982, by and between REFLECTIONS ON THE RIVER , INC. ,
hereinafter referred to as Developer and GENERAL DEVELOPMENT UTILITIES, INC., a
Florida corporation, hereinafter referred to as Utilities.
WITNESSETH
WHEREAS, Utilities owns and operates water treatment and sewage treatment facili-
ties in THE CITY OF SEBASTIAN capable of serving Developer in addition to
the present consumers of Utilities; and,
WHEREAS, UTILITIES acknowledges its abligations to serve all present and future
Customers within its franchised area; and
WHEREAS, Developer has requested Utilities to serve the property described in the
attached Exhibit "N"; and,
WHEREAS, Utilities proposes to serve the consumers within the areas encompasses
by Developer; and,
WHEREAS, Utilities has agreed to furnish water to said property, to accept sewage
for treatment from said property, and to enter into a contract with Developer specify-
ing provisions and terms concerning same.
NOW THEREFORE, for and in consideration of the mutual promises and obligations
hereinafter net forth, the parties do hereby agree as follows;
A. UTILITIES AGREES:
1. To furnish to those Customers located on the property described in Exhibit
"A", during the term of this Contract or any renewal or extension hereof, potable
treated water and treatment of sewage in accordance with standards of the state
regulatory agencies of the State of Florida.
2. To furnish water at a reasonable constant normal pressure in accordance witl
public health requirements. Emergency failure of pressure or supply due to breaks it
the main water supply line and/or sewage force main equipment and/or power failure,
flood, fire and use of water to fight fire, catastrophes and other matters beyond the
control of Utilities shall excuse Utilities from the provisions hereof for sue`_
reasonable period of time as may be necessary to restore service to normal conditions.
3. It will, at all times, operate and maintain its treatment facilities in a�
efficient manner and will take such action as may be necessary to provide the capaci-
ties required. Circumstances resulting in the temporary or partial failure to delivc-
1 whter or inability to hanale sewage as required by this Agreement shall be remedied
with all possible dispatch, such circumstances shall not include over commitment by
Utility to its customers. In the event of an extended shortage of water, or the
supply of water available to Utilities for distribution to its Customers is otherwise
diminished over an extended period of time, the supply of water to the Developer's
40
consumers shall be reduced or dimini,hed in the ratio or proportion as the supply to
Utilities' Customers is reduced or diminished.
4. To provide water in such quantity as may be required by Customer, up to but
not exceeding an average monthly amount of 70,000 gallons per day.
Utilities Agrees:.
5. To reimburse the funds advanced, to Developer as set forth in Paragraph B.-2
up to Oae Hundred and Five Thousand Dollars ($105,000.00). This refund shall be made
once a year in the amount of the total water bills for the year paid by the Developer
for a period of seven years. In no event shall the amount refunded exceed
$105,000.00. The obligation of Utilities for any such reimbursement shall terminate.
seven (7) years from and after the execution date of thin agreement. The implemen-
tation of this paragraph shall not serve to reduce or increase the number of users for
the purpose of establishing annual service charges per user. For this Agreement, the
number of users shall be based on the equivalent residential connection concept for
residential and commercial connections.
B. DEVELOPER AGREES.
1. To pay Utilities total connection charges in the amount of $ 215,600.00
which are itemized as follows:
a. To pay Utilities a connection (plant capacity) charge at a rate of
$ 0,86 per gallon, total $ 60,200.00 based on the agreed upon and stipulated
flow rate of 70,000 gallons per day.
b. To pay Utilities a $ 155,400.00 sewer connection (plant capacity)
charge at a rate of $ 2.22 per gallon for 70,000 gallons.
Payments for these items will be made upon submission of appropriate invoice by
Utilities following the execution of the Agreement by Developer, based on the follow-
ing payment schedule:
1. 1) One hundred Thousand ($100,000.00) Dollars upon execution of this
agreement.
2) Twenty -Eight Thousand Nine Hundred ($28,900.00) ninety days (90) iron
the execution date of this agreement.
» 2
LECJ61.41.10
1
3) Twenty -Eight fbousand Nine Hundred ($28.90u,u0) One hundred Eighty days
from the execution date of this agreement.
G) Twenty -Eight Thousand Nine hundred ($28.900.00) Two hundred Seventy
(270) days from the execution date of this agreement.
5) Twenty -Eight Thousand nine Sundred ($28,900.00) Three Hundred and sixty
(360) days from the execution date of this agreement.
2. Prior to the issuance of the contract for the construction of the expansion
of the existing raster treatment plant necessary to be expanded to provide the required
service, the Developer shall advance funds up to and including One hundred and Five
• Thousand Dollars ($ 105,000,00) at the Utilities request, Utilities shall give a
written notice sixty (60) days prior to the advance funds being required.
3. Developer shall construct all water and sewer lines and sewage lift stations
required to be constructed within the property described in Exhibit "A" and to the
point of connections as specified by Utilities. All the construction shall be subject
to the approval by the Utilitie's engineer and shall be in accordance with plans and
specifications approved by the Utilities engineer. During the entire period of
construction, Utilities shall have the right to have its engineer inspect the con-
struction of said facilities. No application for necessary permits shall be executed
or approved by Utilities until plans and specifications for construction have beet
reviewed and approved by Utilitie's engineer. Throughout the term of the constructiot
period Developer shall maintain insurance, at its sole cost and expense, against
claims for personal injury or property damage under a policy of general public liabil-
ity insurance, with limits of at least $100,000/$300,000 for bodily injury and $50,000
for property damage. Such policy shall name the Utilities and the Developer as the
•insured and shall be issued by insurers of recognized responsibility satisfactory tr
the Utilities. Developer shall furnish Utilities with duly executed certificate=
showing that such insurance is in full force and effect and providing for 30 days
notice to Utilities prior to cancellation or termination of any policy. It ig
expressly agreed and understood by and between the parties to this agreement that
Utilities shall not be liable for any damage or injury which may be sustained by said
Developer or other person resulting from the carelessness, negligence, or improper
conduct on the part of any other agents, or employees, or by reason of the breakage,
leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or
about the said land. Developer shall indemnify and save harmless the Utilities fron
and against any and all claims, suits, actions, damages and/or causes of actio
arising during the term of construction for nny personal injury, loss of life and/n=
damage to property sustained in or about thr premises, upon which construction is
3 -
LF,f:�61.4i,1Q
IR
110
414
tnderealeen by Developer, by reason or as a result of the Developer's occupancy there-
of, and from and against any orders, judgements, and/or decrees which may be entered
thereon and from and against all costs, counsel fees, expenses and liabilities
6
Incurred in and about the defense of any such claim and the investigation thereof.
4. Developer shall be responsible for the cost of the water and wastewater
maters, including installation, and the construction of the meter pit as -specified by
the Utilitie's engineer. Upon completion of these facilities and the. Utilitie's
engineer approval, Developer shall convey such meter facilities to Utilities by a Hill
Sale and will provide to Utilities a No -Lien Affidavit, a Release of Lien and a
detailed account of cost of the construction of said facilities. The point of con-
nections and meter sites shall be at the locations shown on Exhibits "B" d 110.
5. Upon completion of construction of the water and sewer facilities and
Utilities engineer approval, Developer shall convey those water and sewer lines fro=
the points`shown on Exhibit "B" and "C" to the points of connection to the existing
Utilities facilities by a Hill of Sale and will provide Utilities with a No -Lien
-Affidavit, a Release of Lien and a detailed cost of construction of the water and
sewer lines described in this paragraph. This paragraph shall be a condition prece-
dent to Utilities providing any service and any responsbility for Utilities to operate
said facilities. Upon completion of the terms of this paragraph, Utilities shall
undertake ownership, operation and maintenance of the facilities described in this
paragraph.
G. The charges contained in this Agreement are based upon the estimated gallons
of usage, to be supplied to Developer and Utilities reserves the right to revise suck
figures to conform to the actual usage, which may be computed at any time by averaging
the prior three (3) month period during any calendar year, during the life of this
Agreement. Developer agrees to pay any additional charges which would be required by
applying the rates contained in this Agreement to any recomputed ,gallons of usage.
7. Utilities is not obligated to provide plant capacity or service in excess of
the amounts estimated to be supplied in this Agreement. All charges have been based
upon estimated usage supplied by the Developer and Utilities shay require Developer to
curtail use which exceeds such estimated requirements.
8. Except for the aforementioned charges for extension of service, all rates
and charges made by Utilities to Developer, and to future customers who will be
serviced by Utilities, shall be made in accordance with the tariff filed by Utilities
with THE CITY OF SEBASTIAN in acccordance with such tariff, as amended, as
may be from time to time adapted and approved by THE CITY OF SEBASTIAN in
Ln/61.41.10
ecsoi'dance with its regulate. y authority contained in appliu.ole statutes, ordinances,
rules and regulations.
9. To notify Utilities in writing not less than sixty (66) days prior to
estimated date of completion of construction of facilities requiring water and sewer
service, the date on which Developer will require initial connection to water and
force mains.
10. That the provisions of this Agreement shall not be construed as establishing
a precedent as to the amount or basis of contributions to be made by Developer or
other customers, or the acepetance thereof on the part of Utilities, for other utility
system extensions that may be required hereafter by Developer and which are not
presently covered by this Agreement.
11. To pay Utilities, within thirty (30) days after statement is rendered by
Utilities, all sums due and payable as set forth in such statement. Upon the failure
or refusal 'of Customer to pay the amounts due on statements as rendered, Utilities
may, in its sole discretion, terminate water and sewer service to the Customer,
12. To limit waste introduced into the sewage collection system to domestic
waste. The introduction of industrial waste into the system is prohibited under this
Agreement.
13. No tie-ins or hook-ups to the Utilities water and/or sewer system shall be
made without the express consent of Utilities.
14. Developer agrees to install, at its expense, a back-flow control device, as
specified by Utilities. Utilities shall have the right to inspect the Developer's
facilities at any time to check for cross connections and any other possible sources
of contamination, The Developer agrees to correct, without delay. all such hazards to
the system at its own expense.
15. Utilities agrees to assume all responsibility for obtaining the necessary
permits and/or approvals from regulatory agencies having jurisdiction with regard to
the operation of the water treatment plant, wellfields. sewage treatment plant, and
disposal area, including, but not limited to, the obtaining of a consumptive use
permit, Developer shall have no obligation to obtain the necessary approvals and/or
permits but agrees to cooperate and assist Utilities in every reasonal manner upon
request, Should Utilities be unable to obtain permits and/or approvals, both parties
shall be relieved from the obligations set here and under this Agreement.
16, Developer shall have the responsibility to obtain the necessary permits,
approvals and easements for the extensions of the water and sewer mains. Utilitief
shall have no obligation but agrees to cooperate and assist Developer upon request.
-Sw
LFGf61,41.1U
r•
C. UTILITIES AND DEVELOPER AGREE:
1. The parties understand that the main extension and service availability
charges set forth herein must receive prior approval of the City of Sebastian and that
should such approval not be given. the parties shall be relieved of all obligations
under this agreement. Additionally. the jurisdiction affecting service to developer
may be contested by Indian. River County. Should it ultimately be determined that
Indian River County and not the City of Sebastian is the agency having jurisdiction
over the Utilities to service the Developer, Utilities shall be relieved of any
responsibility hereunder.
2. This Agreement shall be governed by applicable rules„ laws and regulations
of any goverimental body, federal, state, or local, including departments and agencies
having jurisdiction of THE CITY OF SEBASTIAN The partes agree to be
bound by such increase or decrease in gallonage amounts and rates which may be pre-
scribed, from time to time, by said body or other agency having jurisdiction thereof.
3. This Agreement shall be binding upon the successors, assigns and legal
representatives of the respective parties hereto.
4. This Agreement shall not be assigned without the prior written consent of
Utilities, which consent shall not be unreasonably withheld.
5. Any notice required to be given pursuant to the terms of this Agreement
shall be deemed properly given when sent by United States Certified Mail, Return
Receipt Requested, to the respective parties herein, at the last known address of
either of the parties.
6. Water and sewer line extensions will be made to the property .line at suck
points as are mutually agreed to by Customer and Utilities.
7. Failure of Developer to comply in any respect with the provisions of this
Agreement shall result in termination of this Agreement. Utilities shall give thirty
(30) days written notice of any default under this Agreement and failure of Developer
to correct default shall result in automatic termination.
8. Unless sooner terminated as provided in paragraph (7) above, termination of
this Agreement, by either party, shall be upon application to and approval by the
appropriate governmental authority.
LEGj61.41.14
6
ti
IN WITNESS WHEREOF, the parties have caused these presents to be executed on the
day and year first above written.
CENERAL DEVELOPMENT UTILITIES, INC. REFLECTIONS ON THE RIVER. INC.
GERARD P. MOZIAN
PRESIDENT
ATTEST: ATTEST:
BY:
1
ATTEST:
- T -
LEG161.1,1.10
C-1
4!
60
I r � • ' a
�..,. �. CC._ , CONSUAf NTS. IN,
' L'NGINEI fiS - SURW VOBS 9 Pt ANNE RS
^' POWANO 13FAC14 OT'T°ICE ►f RO BEAC1# 01-FICE
440 Exsi Samptc Ruud P.O. Box 4124 s
suilr 201, 33M Brach Smion, 32960 .
(305) 706.1901 13051 233-5127 "
LEGAL DESCRIPTION
ENTIRE PARCEL
STATE OF FLORIDA,
INDIAN RIVER COUNTY
SECTION 17, T. 31 S., R. 39 E.
PROJECT NO. 2030
EXHI BIT "A"
That certain land described as the Northeast One --Quarter (NE 1/4)
of the Northwest One -Quarter (NW 1/4) of Section 17, -township 31
South, Range 39 East, lying East of the existing Easterly
right--of-way of U.S. Highway No. 1, less the North 660 feet
thereof and less the South 330 feet of tY e Southi�est One -Quarter
(sw 1/4) of the Northeast One -Quarter (NE 1/4) of the Northwest
one -Quarter (NW 1/4) lying Bast of said right-of-way of said U.S.
Highway No. 1; and Government.Lot 1 of Section 17, Township 31
South, Range 39 East, less the North 660 feet thereof; and the
Morth 660 feet of the Southeast one -Quarter (SE 1/4) of the
Northwest One -Quarter (NW 1/4) of Section 17, Township 31 South,
Range 34 East; lying East of the existing ;Easterly road
.right-of-way of U.S. Highway No. 1; and North 660 feet of the
West 660 feet of Government Lot 2, Section 17, Township 31 South,
Range 39 East; the above mentioned property also being described
as follows:
Commencing at the Northwest corner of Northeast One --Quarter (NE
1/4) of the Northwest One --Quarter (NW 1/4) of Section 17,
Township 31 South, Range 39 East, run East along the North line
of said Section 17 a distance of 84.96 feet to the East
right-of-way line of U.S. liighuray No. 1; thence run
nAIE BY
Page One of 'Three
Cie.
W. N
CC CONSULIANTS. Ir
ENGINt CIIS • SUBV£YORS • PLANNERS �
IVMPANO DEACH CJI"FILE 1%TRO K-A613 OITICE.
410 East Sa"nplc Road P.O. Box 4124 `
suite 201" 33061 Dcach Station. 32960'
(345) 756.1901 (303) 731-4127
S 250 57' 59" E along said East right-of-way a distance of
736.41 feet; thence run S 89° 42' 24" £ on a line parallel to
and 660 feet South of the North line of said Section 17 a
distance of 1446.99 feet, more or less, to the 'West share of the
Indian River and POINT Or BEGINNING, said POINT OF BEGINNING
�* being 660 feet South of the North line of Section 1.7; thence
retracing last mentioned course run N 890 42' 24" W a distance
of 1446.99 feet, more or less, to the existing right-of-way line
of U.S. Highway Na. 1; thence run S 250 57' 59" E along said
East right-of-way a distance of 1469.15 feet; thence run
5 890 23' 30" E a distance of 927.98 feet to a point, said
point 'being the Southeast corner of the North 660 feet of the
West 660 feet of. Government Lot 2, Section 17, Township 31 South,
Range 39 East; thence run N 000 17151" W a distance of 660.09
feet to a liter wood post on the South line of Government. Lot l
of Section 17, Township 31 South, Range 39 East; thence run
S 890 24' 171" E along said South line of Government Lot 1 a
distance of 293.60 feet:, more or less, the the gest shore of the
Indian River; thence meander the West share of the Indian River
in a Northwesterly direction to the POINT OF BEGINNING, less and
excepting therefrom the South 330 feet of the Southwest
one -Quarter (SW 1/4) of the Northeast One -Quarter CNE 1/43 of the
Northwest one -Quarter (NW 1/4) of Section 17, Township 31 South,
,flange 39 East, lying East of the Easterly right-of-way of U.S.
Highway No. 1.
LESS IiND EXCEPT the following described property:
Commencing at the Northwest corner of the Northeast One -Quarter
(NE 1/4) of the Northwest One -Quarter (IM 1/4) of Section 17,
Township 31 South, flange 39 East, run Fast along the North line
Page Two of Three
[SAY[ ny
m
•
/i
'Ns
C -1 -CONSULTANTS. 1. 1%1
CNG INU RS • SMVE YOBS • M ANNr IlS
yOMPAN0 BEACH OFFICE VERO BEACH 01:FICE
440 Most Samir)e Road P.O. Box 4124 '
Suite 201, 33064 Drarh 'Station, 32960
(305) 786.1901 (305) 231-4127
of said Section 17, a distat,ce of 84.96 feet to the existing East
right-of-way of U.S. Highway No. 1; thence run S 250 57' 59" E
a distance of 1-971.36 feet along the said East right-of-way of
U.S. );ighway No. 1 to the POINT OF BEGINNING; thence continue
S 250 57' 59" E a distance of 234.2 feet; thence run
S 890 23' 30" E a distance of 246.71 feet; thence run
N 250 57' 59" W and parallel to said East night -of -way of U.S.
Highway No. 1 a distance of 234.2 feet; thence run
N 890 2,' 30" W a distance of 208.71 feet to the said East
right-of-way of U.S. Highway No. 1 being the POINT OF BEGINNING.
Together with that portion of the South 330 feet of the Southwest
one -Quarter (SW 1/4) of the Northeast One -Quarter (NE 1/4) of the
Northwest One -Quartet (NW 1/4) lying East of the Easterly
right-of-way line of U.S. Highway No. 1,
Page Three of Three
40
410
7
99 mmim
�`-L CONSULTANTS, It
t NG INE E BS o SIVI1 bEYORS • PLANNERS
POMPANO ]WA04 01+DICE VERO 11FAc;11
410 Ewst Sample Rnad P.O. Rox 4124 y
Suite 201, 33064 Beach Suminn, 32410
(305) 786.1901 (305) 231.4127
SCALE,1"= 100'
17 20 I
13 13
�l i9
12 EXIST. 1 IB
VALVES
0�0�'16-MLYER COR14ER OF SCHUP, ANN QR. EXHIBIT T1Q n
a US. HIGHWAY NO.1
IONS DAT[ Uy
PROF LS5$0NAL LAND SURVL VOR
PAIL OF ONAIVN C
STA1L OF FLORIDA
U
40
66
C L CONSULTANTS. 1> ...
4 trvcIrveeRs • surrvE rows • rtA+vn+EBs
r1H M POMPANO HEACN OFFICE %'I'R0 ISEA,C14 OITICE
440 Emi SampIc Rnad
Suite 201, 33061
(305) 766.1401
PROPOSED METER SITE
ti
WASTEWATER
TREATMENT +�
PLANT
1�
lip
P.O. Box 4177
Dench Station, 32966
(305) 231.4137
SCALEI I"=106
/
V
PROPOSED
ORGE MAIN
TRACT "A"
1
E X H I B j T "C"
POINT OF
CONNECTION
I
F
---4 1--12" E= S M T.
I`INS DATE BY
I'EILIF ISSFONAL_LANOSUn4LYOR SIA-fI OT FLOFill)
X
ASSIGNMENT
THIS AGREEMENT by and between Reflections on the River, Inc.,
hereinafter referred to as "Developer", Citrus Utilities, Inc., a Florida
corporation, hereinafter referred to as "Assignee", and General Development
Utilities, Inc., a Florida corporation, hereinafter referred to as "Utilities",.
• WHEREAS, Developer desires to assign that certain Agreement
executed by Developer and Utilities on December 10, 1982 (the
"Agreement") to Assignee.
WHEREAS, Assignee has agreed to assume the obligations of
Developer under the Agreement.
WHEREAS, Developer has agreed to continue to remain responsible
for all actions and representations of Developer under the Agreement should
Assignee fall to perform.
WHEREAS, Utilities has been requested to consent to the
assignment of the Agreement to Assignee and to continue to serve
consumers within the area owned and developed by Developer.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE
MUTUAL COVENANTS EXCHANGED BY AND AMONG THE PARTIES HERETO
AGREE AS FOLLOWS:
r
1. Developer for and In consideration of the sum of $10.00 and
other valuable consideration and receipt of which is hereby acknowledged
has granted, bargained, sold, assigned, and transferred and by these
presents does grant, bargain, sell, assign and transfer and set over unto
Assignee the Agreement, a copy of which is attached as Exhibit A.
2. Assignee hereby agrees to assume all obligations under the
Agreement attached at Exhibit A.
3, Developer shall remain fully responsible for all actions
required by Developer under the Agreement attached as Exhibit A
regardless of this Assignment.
4. Utilities hereby consents to the Assignment of the Agreement
solely upon the condition that Developer shall remain fully liable and
responsible for all actions required by the Developer and all representations
made by Developer under the Agreement attached as Exhibit A.
LEG, 701211/11116183 . 1
4p
171
/f
w
r
��rr
°' S, All other terms and conditions of the Agreement shall remain
In full force and effect.
IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS
AND SEALS ON THE DATE BELOW WRITTEN.
I
-r
REFL TIONS ON THE RIVER, INC.
By: QIA-
r ent
Attest
�j
Date:e4,Cj ✓`,�
GENERAL DEVELOPMENT UTILITIES, INC.
By:
Ste• t,
Attest:
Date: r �, f•
CIT S UTILITIES, INC.
By:
Attest-`
Date,-- ,err.
LEG.70124111116183 2 T