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HomeMy WebLinkAbout1984-024)r I. ?.:t)./Y# 0 BE IT FMOLVED by the Board of. County Commissioners of Indian River 4091 County, Florida; of SECTION I This RPcnlutinn shall be :vnN,Ti a -1-1d may be cited as the "COUNTRYSIDE WATER AND WA.4TfMTER SYSTEM FRANCHISE". 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 number include the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County Utility Services Depar—w ent, a political subdivision of the State of Florida. (b) "County Engl i neer" m .ham? "CuLwty ,�_.�.�_ may �.vu,tty A[ati17311StraTAr or County Utilities Director". (c) "Utility" is the Grantee of rights under this franchise, to wit: REAL00R-VER0 BEACH ASSOCIATES. (d) "Board" is the Board of County Commissioners. (e) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (f) "Territory" mans the area located in Indian River County, Florida outside. the cox-porate 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, wells, pipes, tanks, hydrants, puups, 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, operation of sewage disposal plants and, without limiting the generality of the foregoing, shall embrace all 1 0 , A' nes appurtenances and It and shall include all property, necessary appurtenan equipment f. rights, easements, licenses and franchises relating to any such system ® and dead necessary or convenient for the operation thereof. 0 (h) "Wastewater System" 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 foraging definition shaall brace 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/or wastewater and the treatment thereof. (j) "Hookup and/or Connection" is the connecting of potential user's property to the water and/or wastewater system in order to utilize the Utility's services. SECTIO] III GRAFTING OF FRANCHISE �1. There is hereby granted by the County to the Utility the nonexclusive 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 n1.1hlir places for and all other lawfili purposes and subject always to the paramount right of the public in and to such public places for a period of ninety nine (99) years. 2. Indian River County and franchisee recognize that franchisee will riot provide a water treatment plant on site, and have made arrangements for construction of a water distribution line to transport water to and from VILLAGF GREE31, a County franchisee, to wit: See Exhibit "A" attached hereto and incorporated herein. 3. Franchisee understands that the County is now considering the extension of the County water and wastewater system to this franchise 2 area. Should the County extend the crnuity systen, this shall be considered a temporary water and wastewater franchise and upon the denand of the County, franchisee shall discontinue its water and wastewater operation and immediately co:urect to the County system and 40 shall pay to the County all the sums due under the County's standard schedule of rates and fees. 4. The Utility shall supply the County with copies of its Department of Environmental Regulation monthly operating reports and trouble reports, if any. 5. 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, 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. he County shall have the right, but not the duty, to aspect all construction or installation work performed. 6. The Utility shall, at all tunes 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 however, such regulations shall not be inconsistent with the terms hereof. SECTION IV TERRITORY/FRANCHISE AREA The territory in which this franchise shall be applicable is all that part of Indian River County; Florida, located within the foll�„aing described boundary lines, to wit: See Exhibit "B" attached hereto and incorporated herein. SECTION V HOLD HARMLESS CLAUSE it isw;pressly 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 aay 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 be prosecuted directly by such person against the Utility. The County shall notify the Utility promptly after presentation of any claim or demand. 3 SECPICN VI 3. Upon the completion of all construction of the water distribution and wastewater systems, the project engineer for the Utility shall certify, under seal, that they have been constructed substantially in accordance with the plans and specifications previously approved and that they 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 water lines and wastewater system meet all of the standards required by the County, including pressure and leakage tests, chlorination and bacterioloclical tests; infiltration and exfiltratiOn tests. Upon receipt of certification from the engineer, the County will issue a letter acknowledging the construction of the water lines and wastewater system. No service is to be provided to customers until such time as the County issues a letter of acknowledgment. The issuance of said letter shall not be unreasonably withheld. The Utility shall grant necessary easements to the County without charge to connect the water lines and wastewater system 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 4 ��'i.;n':I.ii<iTi.n� vi' li.�•uiJriv�i: 1. The Utility shall maintain and operate its water/wastewater system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Poard from time to time, which shall include but not be limited to "Construction Specification for Water Treatment/Distribution and Sewage Treatment/Collection Facilities" promulgated by Indian River County Utilities Department, a July 1980, or as amended= The County shall require the Utility w comply with the above standards. Prior to the issuance of a j 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 a mended, will be riot by completion 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. 2. Prior to the issuance of a construc-ion permit, certification from the Indian River County Fire Department must be obtained certifying fire flow requirements have been met. 3. Upon the completion of all construction of the water distribution and wastewater systems, the project engineer for the Utility shall certify, under seal, that they have been constructed substantially in accordance with the plans and specifications previously approved and that they 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 water lines and wastewater system meet all of the standards required by the County, including pressure and leakage tests, chlorination and bacterioloclical tests; infiltration and exfiltratiOn tests. Upon receipt of certification from the engineer, the County will issue a letter acknowledging the construction of the water lines and wastewater system. No service is to be provided to customers until such time as the County issues a letter of acknowledgment. The issuance of said letter shall not be unreasonably withheld. The Utility shall grant necessary easements to the County without charge to connect the water lines and wastewater system 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 4 the time of the submission of the franchise application, and agrees to pay all either fees which may be applicable during the operation of the ® system. registered in the Stag of Florida. gineer who must be SECTION VIII UTILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES 1. 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. 2. 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 aL ,_._._La 7�oup of arliJcLvrs be appointed and such group shall consist of: a) County Utilities Director b) Utility Engineer c) one person selected by the above two persons and this Board of Arbitrators shall make recommendations to the Board of County Commissioners, but such recom>vndations are not mandatory. Any arbitration shall be in accordance with the Florida Arbitration Code. 5 SECTION VII 40 CERTIFICATIM OF OPERATIONS .AND MAINEEMANCE 1. All of the facilities of the Utility shall be constructed in accordance with the plans and specifications approved by the Department of ^7vi` rom ►antai Rt-: iulacion of the State of Florida and Indian River County Utilities Department. The manner of treatment and distribution i • of water and the manner of collection, treatment 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 Department of Environmental Regulation of the State of Florida, or other governmental body having jurisdiction, including Indian River County. 2. The Utility shall supply the County with an annual report of operations and maintenance certified by the Utility Fh registered in the Stag of Florida. gineer who must be SECTION VIII UTILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES 1. 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. 2. 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 aL ,_._._La 7�oup of arliJcLvrs be appointed and such group shall consist of: a) County Utilities Director b) Utility Engineer c) one person selected by the above two persons and this Board of Arbitrators shall make recommendations to the Board of County Commissioners, but such recom>vndations are not mandatory. Any arbitration shall be in accordance with the Florida Arbitration Code. 5 3. Any final decision the arbitrators or EAoaxd may have with ® respect to this franchise can be appealed to the Circuit Court of Indian River County by either party. A SECTION IX DEDICATED EASU ENTIS All pipes, pl,uTs, hydrants, mains, valves, blowoffs, sewer dins and mmanh-les and other fixtures laid or placed by the Utility for the 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 A • to obstruct or interfere with other uses made of such public places already installed. The Utility 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 county -owned pavement, sidewalk, driveway or other surfacing, the Utility shall, at its own cost and expense and in a manner approved by the County Engineer, replace aiid restore all such surface so disturbed in as good condition as before said work was cony(erced 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 or to relocate or widen or otherwise change any such County -awned 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 became 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 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 fifteen (15) feet in width for the benefit of the Utility and its facilities. SECTION X SERVICE REQUIREMEWS The Utilit.. shall d—C service wi hirci the franchise territory on 1 pr .��� a non-discriminatory basis as if it were regulated under Florida Statute Chapter 367 (1980), except to the extent that said provisions are in conflict with the provisions of the franchise. AVAILABILITY OF SERVICF. SECTION XI 6 SECTION XII TRANSFER OF OWNERSHIP 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 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 transferable and assignable until notice or request for transfer and assignment shall be given by the Utility to the Board in writing accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other inforantion as the Board 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 mre than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. The Board shall act within ninety (90) days upon such request. The consent by the Board to any assignment of this VA 1. Subject to the provisions of Section XI (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 its services and facilities; provided, hover, that the Hoard may, upon application of the Utility extend 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 the franchise territory within the time specified by the Board, then in such an 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 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. 2. 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 mean 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 its rate base is 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. SECTION XII TRANSFER OF OWNERSHIP 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 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 transferable and assignable until notice or request for transfer and assignment shall be given by the Utility to the Board in writing accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other inforantion as the Board 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 mre than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. The Board shall act within ninety (90) days upon such request. The consent by the Board to any assignment of this VA franchise shall not be unreasonably withheld. Any sale or transfer by the Utility or partners of the Utility taking place contrary to the �' germs aril conditions of this paragraph shall be considered by the Board to be a default by the Utility under this franchise agreement and su subject this franchise to termination. SEMON XIII ADEQUATE CAPACITY Utility warrants adequate capacity to service existing or anticipated customers and agrees not to provide water and/or wastewater 0 service unless adequate capacity is available at the time any new connection is made. SFION XIV NOTICE OF ADJUSIMEYT OF RATES Upon the initial connection of any customer to the water/wastewater system or upon the reconnection of any new customer :.o 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 Water/Wastewater Franchise Resolution No. as amended. Said water/wastewater rates are subject to adjustm✓nt pursuant to said Resolution upon proper showing by the Utility. Said rates are also subject to adjustment in the event the water/wastewater franchise is terminated and Indian River County corrrtences to furnish water/wastewater service to vour property." SECTION XV nr me el+[ TTr v 1. The rates charged by the Utility for its service hereunder shall at all times be ccxcpensatory and shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the Utilities' investment under efficient and economical management. The Utility agrees that the County has the authority to enter into this Franchise Agreement and the regulation of said Utility. Utility agrees that it shall be subject to all authority o n..s now or hereafter possess by the C „ +„ or many other regulatory body having cenpetent jurisdiction to fi-x just, reasonable and cenpensatory rates. When this franchise takes effect, the Utility shall have authority to charge and collect, Luc not to exceed, the schedule of rates and rate of return approved by the Board of County Commissioners at a public hearing. In setting said rates, the County shall be guided by the standards set forth in Florida Statute 367.081 relating to the 8 E3 40 •® establishment of rates and charges. In any event, the Utility shall always be responsible for justifying its proposed rates and charges by the submission of accounting and engineering data to the County Utilities Director. 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. 2. The Utility shall at any time, when requested by a corsuner, make a test of the accuracy of any meter; prior, however, to any teat. being made by the Utility, the sum of ten dollars ($10.00) shall be deposited with the Utility by the party requesting such test. Such sum shall be returned if the test shows the meter to be inaccurate in 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 inconvenience to its consumers and, unless such repairs are unforeseen and immediately necessary, it shall give not less than five (5) days' notice thereof to its consumers for non-energencies. 3. (a) Pursuant to Florida Statute 367.081 "Rates; procedure .for fixing and changing," the approved rates for water service within the oowMS1rE franchise shall be automatically increased or decreased without hearing, upon verified notice to the County Cannission thirty (30) days prior to its implementation of the increase or decrease that the rates charged by VILLAGE GREEN have changed. The new rates authorized shall reflect the amount of the change of the rates imposed upon COUNTRYSIDE by VILLAGE GREEN. (b) 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. 4. (a) The approved rates of any utility which receives all or any portion of its utility service from a governmental agency or from a water or sewer utility regulated by the Board and which redistributes that service to its utility customers shall be automatically increased or decreased without hearing upon verified notice to the Board 30 days prior to its implementation of the increase or decrease that the rates chaarg^ed u nie goVe-Liniental agency or other utility has changed. The ' approved rates of any utility which is subject to an increase or decrease in the rates that it is charged for electric power or the amount of ad valorem taxes assessed against its property shall be increased and decreased by the utility, without action by the Board, upon verified notice to the Board 30 days prior to its implementation of the increase or decrease that the rates charged by the supplier of. the 9 governmental agency, other utility or supplier of electric power. Provisions of the subsection shall not prevent a utility from seeking changes Li rates pursuant to the provisions of subsection. (b) If, within 24 months of an adjustment in the rates as ® authorized by this subsection, the Board shall find that a utility did thereby exceed the range of its last authorized rate of return, it may order the utility to refund the difference to the rate payers. This provision shall not be construed to require a bond or corporate undertaking not otherwise required. (c) Notwithstanding anything herein to the contrary, no • ! utility may adjust its rates under this subsection more than two times in any 12 month period. CONNWPION CHARGE/CAPACITY DRIAND FEE Connection charges shall be established by public hearing prior to system going into operation. TPPA rTHTRF! FFR 1, 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 from 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. 2. 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 Commissioners 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 Board the Utility will submit audited financial statements 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 terms of this Agreement. 10 SEMON XVI Escrow Charges ® 1. The utility agrees s to pay a fee in the amunt 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 system3) as provided for in Ordinance 80-21, Section 3, Part A. Utility fu''f.:heer agree: to pay a sum per ERC for water and wastewater plant capacity charge, as each unit is ccmpleted as the future plant capacity charges as provided for in Ordinance 80-22, Section 1 or according to the Ordinances in effect at the time of the issuance of a certificate of occupancy. 2. 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 section are subject to the escalation provisions of Section XIV contained herein, using the County factor established in Ordinance 80-21 and 80-•22. The fees referenced in this Section shall always be reasonable. 3. 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. 4. Should the County at any time provide a water distribution system and/or wastewater collection system and furnish water and/or wastewater services to individual c+usrr cors within the franchise territory, the sums of 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 and this franchise shall terminate. a) The County shall have the right to purchase the Utility's water and/or wastewater plant at Utility's original construction cost, land cost, plus costs associated with capital additions and expansions to the system less three and one-half percent (3'k%) depreciation per year. Depreciation on the system shall be calculated to start at the time the County issues a letter acknowledging the construction of the water and/or wastewater system as provided in Section VI. Upon acquisition of the water and/or wastewater plant and appurtenant real estate, the County would then own the entire water and/or wastewater system and v nulri terminate this franchise and provide water and/or wastewater utility service to the franchise territory. All accumulated escrow fees would vest in the County. 11 b) In the event of an acquisition by the County, or the IF4 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 the County any easements necessary to connect the water and/or L wastewater system to the County's water/wastewater systems without charge. The Utility shall pay all escrowed impact fees upon acquisition or upon connection to County's own plants. c) If in the event the County determines that it will not exercise its option us0er item #4(a) within seven (7) years, • • escrowed contributions in aid of construction or Lipact fees shall bem ne part of the renewal and replacement fund and may be used as described within Section XVII, RErIUML & REPIACENEfr ACMW. If at any time thereafter the County takes possession or makes use of the utility systems, all contributions in aid of construction funds collected will vest to the County and those funds which have been expended or an equal amount would be deducted from any purchase price. SECTION XVII REMN1P,L & PEMM2MENT ACCOUNT Two and one half percent (2W of the gros-- receipts of the Utility shall be placed in an interest bearing renewal and replacement account for purposes of renewal and/or replacement of the capital assets of the water and/or wastewater system of the Utility. Additionally, the Utility shall initially fund said account with two thousand dollars ($2,000) which will also be reserved for capital maintenance items. Interest shall accumulate in said account until the account reaches ten thousand dollars ($10,000); thereafter interest 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 condi-tion 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 purchases the corporation's uULJ.ty systait pursuant to the provisions of this franchise as stated above, then any funds in said renewal and replacement account shall vest in the County. INSURANCE SH PTON Wiii 12 1. The Utility shall at all times maintain public liability and property damage insurance in such amounts as set forth in, to wit: Exhibit "C" attached hereto and incorporated herein. 40 2. 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 ret forty: –, said M.:h.,bit "C". vain oua x-.tts L11I be adjub&c by the Utility, as shall be required from time to time by the Board in accurdance with goad business practices as 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 Utility. CONSLIM MVIAMNI s 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 .carr, l :int. If the BBoard firids ieasonabie cause does exist, the Board shall so notify the Utility and request the T'tility to satisfy or remedy such ooaplaint. If the Utility fails, within a re&sA a`vie time, to satisfy or remedy such casplaint or objection, the Hoard may review same according to the provisions hereof. If the Board enters its order pursuant to such hersing 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 County; otherwise t — utility Sharr.0 �t`.iy cxW!y with the order' of the Hoard. SFMCN YX CHANGE IN RATE SCHEDULE Should the Utility desire to establish rates and charges or should the Utility desire to increase any charges heretofore established and pmrrxvui }+1� t}len..,..„"d, tT"ca, 4-- Uti—Y shall notify the hoard in writing, setting forth the schedule of rates and charges which it proposes. The Utility shall pay any rate stvcture 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 aper regularly published in said County at least one tine 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 .. y thereafter be continued fora reGona�le 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 13 40 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. SECTION XXI CONSTRUCTION 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 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 during which such construction shall be done. SECTION XXII DEFAULT OF FRANCHISE If the Utility 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 Utility written notice of such deficiencies or defaults and a reasonable tiny within which the Utility shall remedy the same, which notice shall specify the deficiency or default. If the Utility fails to remedy such deficiency or default within a reasonable time, the Board may thereafter schedule a hearing orncerning 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 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 Utility feels aggrieved by any such order, the Utility may seek review of the Board's action by filing a petition for Writ of Certiorari in t -he Circuit Court of the County. SECTION XXIII RIGHTS OF LANDOWNERS Nothing in this franchise shall prevent landowners from exercising �'—:eir 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. •r n • a•a(D ix SECTION XXIV 14 aIt 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 4b agreement is not intended to create rights or actions running in favor of third parties, except as herein specifically provided. SECTION XXV WN -PERFORM 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 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. SECTION XXVI EXDCCfPION OF FRANCHISE 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 VHURBOF, The Board of County Conndssioners 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 Cminissioners and its sea]. to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 4th day of April , 1984. Signed, sealed and delivered COUNTY OF INDIAN RIVr32, FLORIDA in the presence of: By C Don C. Scurlock,'Jr:, irman Board of County, Comnissioners Attest:Z. Clerk ACCEPTANCE OF FRANCIiISE osoCIATES, a Georgia partnership, does hereby accept the foregoing franchise, and for their successors and assigns does hereby ca enant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. 15 DATED at Vero Beach, Indian River County, Florida, this AC� day of �C% , 1983. • ® STATE OF FLORIDA COUN'T'Y OF INDIAN RIVER RFAIMR-VERO BEACH ASSOCIATES By Robert N. Hatfield, President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Robert N. Hatfield, as President of REALUOR-VERO BEACH ASSOCIATES, a Georgia partnership, and he acknowledged before me that he executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in tri State and County aforesaid this �� �' day of S� 1984. - Notary lic, State of Florida at.,Larg My Cc:lLssion empires: 4 ,�'• f NOTARY PUB STATE vF r"L 'tD MI MY.COMSSIONEXPMESJULY xA1y SONOEO THW W1YNMa WNOINO AQFhIQt-2" 16 37111,J EXHIBIT "A" 4.. AGREEMENT. FOR EXPANSION AND OPERATION OF WATER PLANT THIS AGREEMENT, made and entered into as of the 31St day of �"jjal�q , 1984, by and among REALCOR-VERO BEACH ASSOCIATES, a Florida partnersblp (the "Purchaser".), FLORIDA -ATLANTIC ASSOCIATES, a New York partnership (the "Seller"), and FLORIDA -ATLANTIC ASSOCIATES, NUMBER TWO, a New fork partnersbip (the "Adjacent Owner"). W I T N.E S S E T H: WHEREAS, Seller has as of tbis day conveyed to Purchaser that certain parcel, of land located in Indian River County, Florida, known as Village Green South, and being more particularly described in Exhibit A attached bereto and made a part hereof (the "Property")_ upon which Pur- chaser intends to develop a mobile home park containing approximately seven hundred seventy-six (776) units; WHEREAS, Adjacent Owner is the owner of that certain parcel of land located in Indian River County, Florida, being more particularly described in Exhibit B attached hereto and made a part hereof (the "Adjacent Property") upon which Adjacent Owner operates a mobile home park known as Village Green West; WHEREAS, there is located on the Adjacent Property, a water plant which pumps, purifies and distributes water to the occupants of the Adjacent Property (the "Water Plant"); WHEREAS, Purcbaser desires to expand the Water Plant, at Pur- chaser's sole expense, to a capacity sufficient for the purposes of providing water to the Property and all of its future occupants; NOW, THEREFORE, in consideration of Ten and N0/100 Dollars ($10.00), the mutual promises and covenants and other good and valuable consideration, the receipt and sufficiency of which are hereby acknow- ledged, the parties hereto hereby agree as follows: 1. Unless Purcbaser shall elect to cause water to be supplied to the Property from sources other than the Adjacent Property (which election shall be Purchaser's to make in its sole and absolute discre- tion). Purchaser beieby agrees that, no later than the completion of the second designated "phase" of the development of the Property. (as such "phases" are delineated in that certain "Agreement of Purchase and Sale of Village Green South" between Seller and Purchaser, dated as of August 19, 1983), Purchaser shall, at its own expense, expand the Water 1/27/84 ©onO618ME24191 Plant, in a good and workmanlike manner, to a capacity sufficient for the purposes of providing water to the Property and all of the Property's future occupants. 2. Adjacent Owner agrees that, subject to Purchaser's having obtained the appropriate "franchise" and approvals therefor from Indian River County, and upon the completion of the Water Plant expansion as aforesaid, Adjacent Owner shall be bound and obligated to supply water to the Property and all of the Property's future occupants in the quantities demanded and drawn thereby. 3. Adjacent Owner and PurchasEr agree that, in the event of any interruption of or restriction on the supply of water available at the Water Plant, including, without limitation, interruption or restric- tion caused by drought, water rationing and malfunction of pipes and machinery, then, in such event, the total supply of water available at the Water Plant shall be allocated equally between the Adjacent Property and the Property; provided, that the Property, under such circumstances, shall not be entitled to draw more water than that which is actually required by the units at the Property then occupied. 4. Commencing with the month immediately following the month in which the Water Plant expansion is commenced, Purchaser shall be obligated to pay twelve and one-half percent (12kx) of the cost of main- taining and operating the Water Plant. Purchaser's obligation to so pay shall increase by twelve and one-half percent (12kx) each month there- C after until Purchaser shall be paying for fifty percent (50x) of the costs of maintaining and operating the Water Plant. Purchaser's maximum obligation shall be fifty percent (50x) of such costs. The costs of maintaining and operating the Vater Plant shall be determined by a con- sulting engineer selected by Adjacent Owner'' - , and such costs shall be deemed to include, without limitation, all real estate taxes, electricity and expenses of insurance incurred in connec- tion with the operation of the Water Plant. Such payment of maintenance and operating costs shall be Purchaser's entire payment obligation for the water that shall be supplied to the Property. Notwithstanding the foregoing, Purchaser shall not be obligated to pay any of the maintenance and operating costs of the Water Plant attributable to the supplying of water to any other property other than the Adjacent Property or the Property. 5. Purchaser shall not be obligated to pay the cost of curing or otherwise correcting any citation or other violation of any govern- mental regulation affecting the Water Plant at the time of commencement of the Water Plant expansion and Adjacent Owner shall bear the full cost of same. In addition, Purchaser shall be entitled, at the time of com- mencement of the Water Plant expansion, to cause an inspection to be made **which enaineer is licensed by the State of Florida and is practicing his I, profession as of the date hereof in Indian River County, Florida, 1/26/84 -2- o°oofs 6 I PhGE 8 {l of the Water Plant, by the same consulting engineer referred to in Para- graph 4 above, and whatever items of repair or replacement that exist at that time.sball be priced and shall be excluded from the maintenance and operation cost of which Purchaser is to bear half. 6. In the event that any goverrun,:ntal authority shall acquire the Water Plant for use as a part of its public water system, then the net proceeds of such disposition shall be divided equally between Adja- cent Owner and Purchaser until Purcbaser shall have received an amount equal to the amount actually expended by Purchaser for labor, materials and equipment for 'the Water Plant expansion, whereupon all remaining proceeds shall belong to Adjacent Owne-. Notwithstanding the foregoing, 'it is understood and agreed that all materials and equipment used by Purchaser for the Water Plant expansion shall, upon tbeii installation, become part of the Water Plant and the title to said materials and equip- ment sball pass to the Adjacent Owner. 7. In the event tb:it Seller shall reacquire, through puror any portion of the Property, - chase, foreclosure, or otherwise, all then Seller, as successor in interest to Purchaser, shall have the right to enter upon, connect to and use all facilities of the Water Plant, including, without limitation, all pipes and conduits wherever situated on the Adjacent Property; and the right to expand the Water Plant as map be necessary to provide a water supply for that portion of the Property reacquired by Seller; provided that such reacquisition shall not release Adjacent Owner from its obligation to supply water., as provided for in this Agreement, to any portion of the Property which may be still owned by Purchaser, but only if Purchaser shall have paid for the expansion of the Water Plant and shall otherwise be in compliance with the terms of this Agreement. ® i 8. In order to effectuate the intent of the foregoing, Adja- cent Owner hereby grants to Purchaser a permanent easement over and across -that strip of land on the Adjacent Property extending from the {dater Plant to the Property, which strip shall follow the most practica- ble route or routes for the purposes of laying, installing and maintain- ing such pipes and conduits which may be necessary in order to draw and carry water from the Water Plant to the Property. Adjacent Owner further �® grants Purchaser the right of ingress to and egress from and the right to go upon the Adjacent Property at all reasonable times for the purpose of repairing and maintaining such pipes and conduits in useable condition. An actual legal description shall be attached to this agreement by amend- ment at such time as an "as -built survey" of the pipe and conduits is available. 9. Purchaser shall not connect its pipes and conduits or otherwise enter upon the Adjacent Property except under the direct super- vision of Adjacent Owner's officers, employees or agents. This restric- tion shall apply until such time as Purchaser is able to furnish the � -�- 5oun i26r84 06 l8 FA UE 2 4 8 j of ,{,,,said legal description and ,as -built survey" showing the location of and conduits to be installed for the purposes hereof. In the pipes making its connections to the WaternPlant, -Pu connections cbearehclosest tostbe conections from those locations at the Property Water Plant and shall run its lines straight and in the least obtrusive manner in order not to interfere with, ir.bibit or restrict Adjacent O•aner's use and enjoyment of the Water Plant or any other portionershof the Adjacent Property. 7n the event of any dispute, the sole determiner and arbitrator of where Purchaser's pipes and condu- its will be installed. 10. Purchaser agrees to indemnify, defend and bold harmless Adjacent Owner from and against any and all claims or causes of action arising out of or by reason of Purchaser's entry upon the Adjacent Pro- perty for the uses and purposes intended by this Agreement. Prior to its entry upon t.be Adjacent Property, Purchaser will produce certificates of liability *insurance in amounts acceptable to Adjacent Owner and showing Adjacent Owner's interest. 11. In the interim, and until such time as Purchaser shall substantially commence the construction of the expansion of the Water Plant (unless this Agreement shall have lapsed as hereinafter provided), Purchaser shall have the right to draw water from the Water Plant (with- out any expansion thereof) in a capacity sufficient to accommodate, in accordance with existing standards of the city of Vero Beach, a maximum of 125 mobile home units at the Property. For the purposes hereof, Adjacent Owner grants to Purchaser a license over and across that same strip of land Purchaser would utilize in making its permanent connection to the Water Plant. This license and interim right to draw water as aforesaid shall be subject and subordinate at all times to the rights of Adjacent Owner to terminate the same if, in its sole and iinreviewable discretion, it determines that the Water Plant no longer has sufficient excess capacity to service the requirements of Purchaser without Purcba- ser undertaking the expansion of the Water Plant. Purchaser shall pap the entire cost of the installation and detachment of the pipes and conduits used for the purposes hereof, plus the greater of (i) the excess costs for which Adjacent Owner will be charged by reason of the imple- mentation of this interim right to draw water, i.e., municipal hookup L"ha7gC5, d -LI C.1"EnScu IiFii estate L3x� increased insul2nce prem -.,=S, increased electricity or (ii) the cost of all gallonage consumed at the highest rates charged therefore by the city of Vero Beach for similar purposes. Furthermore, the provisions of paragraphs 9 and 10 above shall similarly apply during ibis interim period. 12. This Agreement shall be rer_orded in the official records unning with the land. of Indian River County, Florida as a covenant r 13. This Agreement shall be binding upon and inure to the benefit of the parties bereto, and their respective heirs, devisees, personal representatives, successors and assigns. 1/z7/su -�- eo�0678PH 2482 modification hereof shall be minding upon the 14. No oral ped m parties, and any modification sbail be in writing and sig` y the parties. This Agreement sball be governed by and construed under ]5. g the laws of the State of Florida. Agreement shall ]apse and be of no further effect as This 16' riot thereto, Purchaser bas substantiall" of February 1, 1987 unless p the Water Plant, and such commenced construction ce the expansionigently pursued until completion. construction once cortm�euecd sail 17. Time sball be of the F;sence of this Agreement. 18. See page v IN WITNESS WHEREOF, the parties have hereunto set their bands and seals as of the day and year first above written- .PURCHASER: ritten. . PUR_ _ CHASER: REALCOR-VERO BEACH ASSOCIATES By: Realcor Company of Vero Beach, Inc. By: Its: President - ^�y.2 -,_ _ -- Attest: ` 1 • �, ts: Secretary + ADJACENT OWNER: FLORIDA -ATLANTIC ASSOCIATES NUMBER TWO By: Atlantic Mobile Homes, Inc - By t nc.By: id n its: Vice -Pr v ( - \, Attest -f-,\ ts: Assists t Sec etaYy t. -5- 1/27/84 B°;�;K 0 18 PAS' 2 t� 8 �31 9 SEAR: FLORIDA-ATLP.NTIC ASSOCIATES BY: Atlantic Mobile Homes, Inc. BY: _ Its: Vice -Pr si e Attest �I Assistant Secr tary„ e�rent shall be subject and subordinate to therefinancing that 18. This g g the Adjacent Property p e w;zich of any of the wort a es now a lien up es execute an instruffent er will not be disturbed as the holders of any of said refinanced rrnrtgag they aclmowledge that the rightli� etwithethe terms and ccondil hereof. long as the purchaser is ieccrQ the purchaser agrees to execute a subordination agreement i required said rmrtgage holders. 1/27/84 -6- aa�n 06 l8 P,l�E 2 4 B 4 lip PARCEL A Tracts 1 and 2, 1•ess the North 30 feet thereof,- and Tracts 7 and g less' the South 60 feet' thereof, Section. 1.1 *-Tynsled333 iSouth, Range 38 East, platINDIAN RIVER FARMS COMPANY, fi bffice of the Clerk the of ihcontainingCirciiit C160ta�restmorecoi- saidie in in Plat Book 2, page 25, = Florida. land now lying and being in Indian River: Co6nty, •LESS AND EXCEPT THE FOLLOWING: Commence at the Southeast corner of Tract 8, Section 11, Township�or South, degrees 1nge 2'East, Indian 13" Vest alongVer theCfasty, Florida; thence run Tort 9 -.line of Section 11, Township 33 South, Range 38 East, Indian River County, Florida, a Section stance of 100.00 feet; thence run South 89 degrees 24'01" West and parallel with the st rSghthoflaforesaid line of ract-8 a da way Iineof-StateRoad-609andthe of 30-00 feet to the Ahe Point of Beginning continue -South 89egrees Point of Beginning. From 29'01" West a'nd parallel,. with .the South line of Tract 8 a distance 217.80 feet; thence run North 00- degrees 12'13" West and parallel to the East line �of��Section ast andl arallel-to thea distance of 1SSouth line.ofoo.00 feet:; hT actence r8naivorth 89 degrees 24.01 E p distance of 217.80.feet to the West right-of-way rees.l2'13"tCast aalong 609 (known as Ranch Road) thence run South 00 deg the West right-of-way line of State Road 609 and parallel to the East line of Section 11 a distance of 100.00 feet lyito ng and obeing inint of eTract n8, containing 0.50 acres, more or less and all ly 9 9 Section 11, Township 33 South, Range 38 East, Indian River County, Florida. _ — --- - - :- PARCEL B - art of :the North 602"17 -•.feet of: Tract :1.6, Section 10, Township 33 That p ` to'the . 'last general plat of 1 ands of. the Indian Range 38_ East,. accord?n9 '..Page 25, Public Records of St. Lucie NO. - Farms filed in P.iat::Book:'2, - 9 Cnunty, `Fl orida,'.which.l.ies'=East.:Pf Interstate Route 95- (State Road No: 14ss and excep'ing the East::40.feet �ther,eof- for road and:drainac��: purpos the boundary' of said parcel.'being more particularly .'descr.ibed,as follows 'From."the Northeast corner -of the :.aforesaid Tract, 16;.-ru;� •nortl';venu 2p�' West, 40 feet to a point --'on the t7est'-right-of-way line :of go the Point of Beginning; thence following. said West right=of-wt�y line of Avenue, run . South 00° .25' : 23!' west, 602.17. feet- thence -leaving said rig. 10' 20 West.. `770.24 -feet, more or 1e'ss, •to a point o: way,' ruri North 89 iu thence 'Eastr igJft-of-:JCj� line io-I_ii.erstate RGut� . �St3t� R. ��:..Q.: 9i; owllowing said ' East'`right-of=way--'1 ine run' Northwesterly.•on';a: curve to the. r centr having•a'rad�us.`of 5579=58.ceeofs604b�te08efeet,by amore *or lJessletofa0point ,o Northerly. nn' ere di Stan t' 16; thence - run S ini'.^rsection with.the North line of the aforesaid Trac 0 20�, East, along -the said North line of Tract 16,,a distance of 8 II re 10� to the Point. of Beginning. feet, more or. less,. : _ . • - . `more'or.•less, and lying and being in Indian Rive Containing 11.00 acres, County, Florida.'. "t, 0678PHE2485 ' . I p�i1B1'r "B" _ J f Township 33 34, Section 2, of Tract arms Lands of Indian River Farms the Southeast corner according to plat of Commence at 38 East, Fublic Records of St. L South. Range Page 25, of in plat Book 2, g the Count Florida, also 'being South Company recorded v in Iridian Ri er t- inning, of beg now situated County, tbence from the point beginning; 'of Tract 14 a distance of 133Jest of 8933the South line run North 00°� LeOnce West along run 89033103" thence Southwest corner of Tract 14; of 686:71 feet; feet to the West line of Tract .l4 a distance t tbence North 00°04'05' along theWest a dis- West a distance of 330.0 feet; South 8904610511distance 8he.We South of 330.00 feet; thence run of West a West a distance thence run North 00°04'05" 330.00 feet; ,� Section 2, Township 33 South, tante of ct East along the North line o feet to the North line of Tr� 330.00 Tract-11, 38 East; thence run North 89,046'05" t38 Range 00 04'05" tEast outbence runNorth Tract 13 a distance of 660.00 feet Range thence Se 33 South, Tract I1 a distance of 599.59 feet; Section 2, Township Nortberly West line of West along hes East a distance of 1229.67 feet; thence run of 815.00 feet an run run North g9044'29" radius concave to theeteftbenceng along a curve ,concave to the along a curve un of 578:77 feet; arc distance of 112.94 an arc distance a radius of 198.71 feet and run an 60; thence run North Road right having way of State line of State Road 60 a South right. of Y feet to the way East along the South right of Y Southerly along a curve concave to the 89°44'29" thence run ance of 78-84 distance of -60.00 feet; n arc 138.71 feet and run hav of°445290 d us eft having a radius of ng aradius l curve concave to the rig Nort feet; thence on a dist of 612.82 feet; thence run Tract 11, Section 2, feet and run an arc 77 feet to the East line of of Count Florida; thence East a distance v South, Range 38 East, Indian River ;zacty11 and Tract 14 a To.-,nship 33 00°08'11" East along the as lin_ aloe a curve concave 8 �- 03 run South distance of 695.47 feet; thence run Southeasterly 100.00 feet and run an arc distance dius � a radius of a curve concave to the left baving to the right having run South along thence run g an arc distance of 27.88 feet; thence 165.93 feet, concave ° �• QQ feet and run of 114.31 feet; thence on a curve of 25- of � 3b°05'00" East a distance of 660.74 feet and run an arc al radius of �- a radius the right having the left having on a curve concave to a curve thence tp � thence an arc distance of 39.27 feet; 773.61 feet; dis- un � arc 25.00 feet and run left having a radius of 390.00 feet andz distance of 150-13 SCA to the concave West a feet; thence run South 19°54'00" distance of 50.00 feet to *.he tante of 75-56 thence run South 00°26'57" East a 7o�nsbip 33 South, Range 38 East, feet; W,,t•along the Section 2, lime of Tract 15, South 89°33'U3" South Dint of Count tbe°ce run Florida;o 176.56 feet to the. p Riverof Indian a distance of line Tract South beginning- [Iz R I •= Commence at the Southeast corner of Tract 14, Section 2, Township 33 South, Range 38 East according to Plat. of Lands of Indian River Farms Company as recorded in Plat Book 2, Page 25 of Public Records of St. Lucie County, Florida now situated in Indian River County,- Florida; thence run North 89033'03" East along the South line of Tract 15 a dis- tance of 176.56 feet to the point of beginning; from the point of be- ginning run North 00 26'57" West and perpendicular to the South line of Tract 15 a distance of 50.00 feet; thence run North 19°54:00" East a. distance of 150.13 feet; thence run Northwesterly along a curve concave to the right having a radius of 390.00 feet and run an arc distance of 75.56 feet; thence on a curve concave to the right having a radius of 25.00 feet and run an arc distance of 39.27 feet; thence on a curve concave to the left having a radius of 660.74 feet and run an arc dis- tance of 773.61 feet; thence run North 36°05'00" West a distance of 114.31 feet; thence on a curve concave to the right having a radius of 25.00 feet and run an arc distance of 27.88 feet; thence on a curve concave to the left having a radius of 100.00 feet and run an arc dis- tance of 165.93 feet to the West line of Tract 15, Section 2, Township 33 South; Range 38 East, Indian River County, Florida; thence run North 00°O8"11".West a distance of 98.00 feet to the Northwest corner of Tract 15; thence run North 89°39'01" East along the North line of Tract 15 and Tract 16 a distance of 2660.46 feet to the Northeast corner of Tract 16 and the East line of Section .2, Township 33 South, Range 38 East; thence run South 00°16'27" East along the East line of Section 2 a distance of 1339.73 feet to'the Southeast corner of Section 2, Township 33 South, Range 38 East; thence run South 8933'03" West along the South line -of Section 2 and the South line of Tract 15 and Tract 16 a distance of 2489.30 feet to the point of beginning. Less and excepting the Last 40 feet of Tract 16 and subject to the South 50 feet of Tract 15 and Tract 16 for canal and roadway easements. �001''0678ME2 STA'L'E OF FLORIDA ) cs 0 • COUNTY OF INDIAN RIVY, ) • I hereby certify that on this day before me, an officer duly authorized to take and certify ac Y.nowledgments, personally • anoc�ared be Shepard ForeCt and Peter L. LeBron, to eseecnown o of the Vice President and Assistant Secretary, respectively, Atlantic Mobile'Romes, Inc., the corporation which executed the foregoing instrument; that they signed their names thereto by order of the Board of Directors of said corporation; that Atlantic Mobile Bones, Inc. is a partner of the firm of Florida -Atlantic Associates, a New York general partnership,. the firm described in the foregoing instrument; and that they acknowledged to me that they executed the same freely and voluntarily as the act and deed of said firm for the purposes therein expressed. WITNESS my hand and seal this 31st day of j3nuary 1984. Notary Public 0!^'•• 1�y commission expires: �7 t,�tay Fabric, 5131C cf f?-.r'de kz49d mg Troy Din: in.>1mat. wd. ;, STATE OF FLORIDA )ss.: " COUNTY OF INDIAN RIVER ) I hereby certify that on this day before me, an officer duly authorized to take and certify acknowledgments, personally appeared Robert N.. Hatfield, Jr. and William W. Ranck, to me known to be the President and Secretary, respectively, of Realcor Company of Vero Beach, Inc., the corporation which executed the foregoing instrument; that they signed their names thereto by order of the Board of Directors of said corporation; that Realcor Company of Vero Beach, Inc. - is a partner .of the firm of Realcor-Vero Beach Associates, a Florida general partnership, the firm described in the foregoing instrument;' and that they acknowledged to me that they executed the same freely and voluntarily as the act and deed of said firm for the purposes therein expressed. WITNESS my hand and seal this 31st day of anuary 1984. Np�ary Public My commission expires: - �o OGTBPACE 2488, S'PA'TE. OF FLORIDA ) ss. : C0UN'1'Y OF INDIAN RIVER ) I hereby certify that on this day before me, an officer duly authorized to take and certify acknowledo7nents, personally appeared Shepard Forest and Peter L. LeBron, to me known to be bf the Vice President and Assistant cor orat on which execut aspectiveld� the Atlantic 14obile Homes, Inc., P strument; that they signed their names thereto by foregoing insaid that order of the Board of Directors °f partner corporation; the polofirm of Atlantic Mobile Homes, Inc. is a Florida -Atlantic Associates, Number Two, a New York general partnership, the firm described in the foregoing instrument; and that they ack y als the act andeged to me that deed they of ';aid firm for them e freely ly purposes and voluntari therein expressed.' 1984. WITNESS my hand and seal this 31st day of Ja vary Not ry_Public `,•`��,t':lI +�.,, Y` My commission expires: , • O 1 fie, Ubtary Fabi..c, Slate of Florida — 6cne.d,7M+Twr hin �ticwnu, bV `� ..i 0 N •'r ©abK 06 70 PAGE Z 4 8 9~ CU I=T v < xm tCi't'�, 'a •� C. T,Z� y r N ©abK 06 70 PAGE Z 4 8 9~ i EXHIBIT "B" S � � w •• SCHEDULE "A" .PARCEL A Tracts1 and 2, less the Horth 30 feet thereof,' and Tracts 7 and k less'the South 60 feet*thereof, Section 11Township 33 South, nge 38 Fast, Plat'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; containing 160 .acre's ,lore or less; said land now lying and being in Indian River. -County, Florida. LESS AND EXCEPT THE FOLLOWING: Commence'at the Southeast corner of Tract 8, Section 11, Township 33 South, Range 38 Fast, Indian River County, Florida; thence run North 00 degrees 12' 13" West along the Fast line of Section 11, Township 33 South, Range 38 Fast, Indian River County, Florida, a distance of 100.00 feet; thence run South 89 degrees 24'01" West and parallel with the South line of aforesaid Tract•B a distance of 30.00 feet to the -West right-of-way line of -State Road .609 and the Point of Beginning. From.the Point of Beginning continue South 89 -degrees 24'01" West and parallel -with .the South line of Tract 8 a distance 217.80 feet; thence run North 00 -degrees 12'13" West and parallel to 'the East line of Sec -tion 11 a distance of 100.00 feet; thence run North 89 degrees 24'01" Fast and parallel to the South line.of Tract 8 a distance of 217.80.feet to the West right-of-way line of State Road 609 (known as Ranch Road) thence run South 00 degrees.12'13" East along the West right-of-way line of State Road 609 and parallel to the Fast line of Section 11 a distance of 100.00 feet to the Point of Beginning containing 0.50 acres, more or less and all lying and being in Tract 8, Section 11, Township 33 South, Range 38 East, Indian River County, Florida. PARCI.L B That part: -of .the North 602.17 ':feet of Tract 16, Section 10, Township 33 Sout Range 38 East,.according.•to the last general plat of Lands of. the Indian Rive -- rara,& Company filed in Plat' Book '2,' Page 25., Public Records of St. Lucie County,'Flor.ida, which l.ies'East Qf Interstate Route 95 (State Road No: 9); less and excepting. the East••40'.feet thereof for road and'drainage purposes.; rlre boundary -of said parcel ,"being more'. -particularly des6r.ibed.as follows, to wit:. From. the Northeast corner of the :.aforesaid Tract. 16;. run -north 8§0 10' 20"'West, 40 feet to a point on the West .right-of-way line of 90th ;venue for the Point of Beginning; thence following said West right -of -wily line of 96th Avenue,:run•South 00° 25'.23" West, 602.17 feet; thence.leayjng said right -of way, run North 891 10' 20" West,'770.24_feet, more or le'ss,-to a point on the n 'East right-of-way line of Interstate Route 95 (State Road No: 9); thence fol- lowing said �East"'right-of'-Way line run. Northwes_ terly..on`:a curve to the ri7►;t, having_ a' radius. of 5579.58 feet_ s�6btended by. a central angle of 06° 12' 1241, riin Northerly. nn'arc'distance of 604.08- feet,' more -or fess, .*to a point -of intersection with.the North line of the aforesaid Tract 16•; thence. run South H9° 10' 20'. East, along 'tlie said North" line of Tract 16,,a distance of 810.31 feet, more or less, to the .Point of Beginning. Containing 11.00 acres,' more or•less,• and lying and being'in Indian liver County, Florida.', •• ■ I:XIiIBI'I' "B" /3 r0 4 �I eWATli3 TREATMENT PLANT SITE JI G .5 L. QCA 7'10A/ MAP �3r.�ccHeyy.�cil`�3 �IdF &1 ��I�T1 I "F�VNBOC��s CONSULTING(,c�4 ie//SB Al Er4 Vl�il® KACH PLCOIDA A`PPACfi(`1W.V "B" do 40 •• NAME AND ADDRESS Of AGLNCY COMPANIES AFFORDING COVERAGES DeKold Agency, Inc. P. 0. Box 291 MnANI A Vero Beach, FL 32961 "._---__-- S at 'icIaix -- -.-- 4APANY If rrFH NAME AND ADDRI55 OF rN�uRfD REALCOR-Vero Beach Assoc., Inc. 2045 Peachtree Road, NE Atlanta, GA 30309 - - - - - - - - -- lE Itl l• This is to certify that puhcies of insurance Ilsmd he!e. hAra t n •sst.ed to tic c. -- ' - e or r • t ti s III—. e. Notes tr t i :di g r. ,I• et nt to or cr,nd-ten of any contract or other document with respect to which this certificate may b- s, ed or r e, p. rt, r. the ri wr<u,.e atfofIlM by Ihf. po .,cs k s<r t.cd `e(. n Is subjt•ct to all the terms, exclusions and conditions of such policies. ._-___--._________._._ Ltmrts dl Lrabrlrty in TYDu sands 10.0 _) COMPANY ) GENERAL LIABILITY A ®(:f7�ArRf I•. r, ,, I, ,,�., Applied For 2-22-85 � Ed P(pS µrt. '•4U :.;l: ;:PSE � � NAIA E7G ❑ UNDERGROUND ", IARD ❑PROf7Uf: tS i PIE 1 li•.-1.. •. ;.Nle lh OPIHArI�1NS IIAJARD ❑10NIRk ruA1 INSURANr.( iI'lr ..r l•'r. ;'r. r.l a -,t 51,000 S 1,000 BROAD IORM ❑ DAMACf -INDEPENDENT (AINr Rf.'-r0W,_—�- PLRSONAt I',,AJRY ''I' �� '�:':' AUTOMOBILE LIABILITY f.,..qty-i=..•. . ❑ CWAPRF-ENpryf 7Rrt KID,, f INILIR'f S A, CIDINI1 I A ❑ OWNED --LAr.ri ❑11 I,IuEO { 1 1I _ _—_ nX NUN Uvm[ c Applied For 2-22-85 1,000i --EXCESS LIABILITY (❑ OVIEll EA I J O?NFR INAN UMHREL;A :. u'�E, •r rOArA WORKERS' COMPENSATION and EMPLOYERS' LIABILITY -------------------- ----- - OTHER DESCRIPTION Of OPERATIONS'l0(Atl(7 N5 Nk11 u�1C; Mobile Home Park Land Development Cancellation: Should arty of the above +kr>cntied pollclea 1?C cancelled b0cire the explrabon flote thereof Rte Isstnnp, com pany will endeavor to rtlall days wr'ton notice to the Below ndnred certlflUlte holder, bUt fallure to mail such notice shall impr7se no obligati(•,, ur Irablllty (A any killd ul:mn WO ronlpr:ny. ACORD 25 (1-79) N Ardt AND ADDRt SS Or r, P? Itr.A r FI0,1(11,. March 1.4, 1984 ,,Art ssuLD... Indian River Co Utilities Dept. 1840 -25th St. Vero Beach, FL 32960 Ii ,r',a,Rlr.D Hn Afv r+t ntlek El 40 crorck NAME AND ADDRESS OF AGENCY DeKold Agency, Inc. COMPANIES AFFORDING COVERAGES P. 0. Box 291 OMPAN/ f1 Vero Beach, FL 32961 Ci1MPANr NAME AND ADDRESS OF INSURED COMPANY REALCOR—Vero Beach Assoc., Inc. III[ IT C 2045 Peachtree Road, Nr i,T-1l1'AA, D Atlanta, GA 30309 - COMPANY E This is to certify that policies of insurance listed below havP been issued to the insured named above and are irlforce at this time. Notwithstanding any requirement. termer condition of any contract or other document with respect to which this certificate may be issued or may Pertain, the insurance afforded by the policies described herein is Subject to all the terms, exclusions and conditions of such policies. limits OULiabifility �Inous s( '0 ANY NOVIII 11 IfCy COMP 10"RAlION DATE Al-,'.Fll '.Alf LET ',[I, TYPE Of INSURANCE GENERAL LIABILITY RUDII Y INJURY S A 12 COMPNEHI NSIVI f0RM Applied For 2-22-85 lid PRFMISIS -OPERVIONS 1111OPfPTY 0AMAG( s ElExPA L ON AND CERLAW4 1. O.sAD DfOGROUND HA/AND PPOI)I,c It, ( omn 1 It I, OPERATIONS HA)ARD fllIIII I INJURY ANO El 1.1JINTRAC)IJAI IN-A)HAN' I sini'l F?TV DAMAGE 51,000 S 1,000 E] Hui I OFIM Pri(J'U" I WHINE 11 DAMAGE rNo,rINIII N' 1-WRA, PfRSONAt INJURY III RY)NAI NJUPY S 1,000 HOWL Y � AUTOMOBILE LIABILITY (EACHP INS JURY ON, S COMPREHENSIVE I )RM BODILY INJURY s ❑ (EACH ACCIDENT) A OWNED PROPERTY DAMAGE s HIRED BP'.)Dft Y INJURY AND NON OWNED Applied For 2-22-85 REIP ElRTYDAMAG[ S 1 000 COMBINED EXCESS LIABILITY BODILY INJURY AND UMBRELLA FORM PROPERTY DAMAGE OTHER Th AN UMHRFI LA COMBINED FORM WORKERS' COMPENSATJONI STATUTORY and $ EMPLOVERS' LIABILITY OTHER DESCRIPTION Of OPEPATIONSILOC-fl()"S Vf "I I IS Mobile Home Park Land Development Cancellation: sho-il(j ar-,, of ilie above dv,,i rit)ed 1)(,i,( i -s be cancelled before the expiration date thereof. the ibsuin - f or,, pany will end;-avor t,) mail fig.. (laii written notice to the below named Certificate holder, but fcw,;- in mail such llollc (-shall impos,- or liability of any kind upon Ilie, ofopoily NAME AND AWIPF"- )l F RTIF[C Alf HOLDEr' March 14, 1984 DATE ISSUED __ _Indian River Co Utilities Dept. 1840 -25th St. Vero Beach, FL 32960 THORIIIO REORESENTATIVIE VORD 25