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Home My WebLink About1984-032RESOLUTION NO. 84-32 BE IT RESOLVED by the Board of County Conudssioners of Indian River • County, Florida; SECTION I This Resolution shall be known and may be cited as the SUNSHINE • TRAVEL RESOIgS, INC., WATER AND WASl'j. TER 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) i,vunty is Indian river County UtiJ.1 �� Services D'-epartri-en', a political subdivision of the State of Florida. (b) "County Engineer." may be "County Administrator or County Utilities Director". (c) "Utility" is the Grantee of rights under this franchise, to wit: SUNSHINE TRAVEL RESORTS, INC.. (d) "Board" is the Board of County Commissioners. (e) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (f) "Te rrii-nry" rnanc the area located in Tndian Riper ('minty Florida outside the corporate limits of any municipality as the same is more particularly defined and described herein. (g) "Water System" shall mean and include any real estate, attachments, fixtures, impounded water, water mains, services, valves, meters, plant, wells, pipes, tanks, hydrants, pumps, reservoirs, systems, facility or other property, real or personal, used or useful or having the present capacity for future use in coraicction 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, 1 shall embrace all necessary appurtenances and equipment and 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 System" shall. mean and include any plant, system, facility or property used or useful or having the present capacity for the future use in connection with the collection, treatment, purification or disposal of wastewater effluent and residue for the public and without limiting the generality of the foregoing definition S shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals and all necessary appurtenances and equipment and shall include all property rights, easements, and franchises relating to any such system and deemed necessary or convenient for the operation thereof. (i) "Service" means supplying to a user the distribution of water and/or wastewater and the treatment thereof. (1) "Hookup and/or C.nnnertinn" is the connecting of Y tential user's property to the water and/or wastewater system in order to utilize the Utility's services. SECTION III GRANTING OF FRANCHISE 1. 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 nlaces 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 for a period of ninety-nine (99) years. 2. The Utility shall, at all times during the life of this franchise, ie sdbject to all iawtul exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide, provided hcwever, such regulations shall not be inconsistent with the terns hereof. 2 3. The Utility shall supply the County with copies of its ® Department of Environmental Regulation monthly operating reports and trouble reports, if any. 4. 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. The 0A County shall have the right, but not the duty, to inspect all construction or installation work performed. 5. Franchisee understands that the County is now considering the extension of the County water and/or wastewater system to this franchise area. Should the County extend the county system, this shall be considered a temporary water and/or wastewater franchise and upon the demand of the County, franchisee shall discontinue its water and/or wastewater operation and immediately connect to the County system and sh-111 pay to the County all. the sums due under the County's standard schedule of rates and fees. 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 following described boundary lines, to wit: See Exhibit "A" attached hereto and incorporated herein. SECTION V HOID HARMLESS CLAUSE It is expressly understood and agreed by and between the Utility and the County that the Utility shall save the Countv and members of the Board harmless from any loss gnstained 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 be prosecuted directly by such person against the Utility. The County shall notify the Utility promptly after presentation of any claim or demand. CERTIFICATION OF C"LIANCE qFk-TIrnu trr 3 40 0 ss 1. The Utility shall maintain and operate its water/wastewater plant and system, and, render efficient service in accordance with the rules and regulations as are or may be set forth by the Department of Environmental Regulation and the Board 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, July 1980, or as amended. The County shall require the Utility to corpply 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 ccopletion 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 construction permit, certification from the Indian River County Fire Department must be obtained certifying fire flaw requirements have been met. 3. Upon the completion of all construction of the water and wastewater treatment plants and distribution and collection systems, the project engineer for the Utility shall certify, under seal, that the system has been constructed substantially in accordance with the plans and specification$ previously approved and that the systems 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 systems 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 approving the construction of the water and wastewater systems. 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 unreasonable withheld. The Utility shall grant ..cccssarY ease encs to Vne County without charge to connect the water and/or 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 system, 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 of the franchise application, and agrees to 4 pay all other fees which may be applicable during the operation of the system. SECTION VII CERTIFICATION OF OPERATIONS AND MAINTENANCE 1. 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 R -.ver 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 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 Engineer who must be registered in the State of Florida. SECTION VIII UTILITY`S AUTHORTTY TO PROMMGME NECESSARY PPSXEDURES 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 a group of arbitrators 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 recnmw-ndations to the Board of County Commissioners, but such recommendations are not mandatory. Any arbitration shall be in accordance with the Florida Arbitration Code. 3. 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. 5 SE=ION IX 4W DEDICATED EASEN EZM All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains and manholes 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 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 A ® disturbance of county -awned 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 and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for a period of one (1) year. In the event that any time the County shall lawfully elect to alter or change the grade or to relocate or widen or otherwise change any such County -owned 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 becare 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 Board 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 i:emaval 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 REQUIREMENTS The Utility shall provide service within the franchise territory on 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. SDCTION XI AVAILABILITY OF SERVICE 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 6 its services and facilities; provided, however, that the Board may, upon SECTION XII TRANSFER OF OWNERSHIP 1. 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 information as the Board shall require. 2. 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 preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. 3. The Board 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 7 application of the Utility extend time for providing such service to 40 such demanding person. In the event the Utility fails to provide its services and facilities as an water and/or wastewater system to any area 0 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 the water and/or wastewater system 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 ics rate base 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 1. 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 information as the Board shall require. 2. 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 preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. 3. The Board 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 7 conditions of this paragraph shall be considered by the Board to be a ® default by the Utility under this franchise agreement and subject this franchise to termination. • M 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 60 ® connection is made. SECTION XIV NOTICE OF ADJUSTME P OF RATES Upon the initial connection of any 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 sett:hig forth the rate schedule then in effect and further containing the following statement: "The water/wastewater rates set forth herein have been authorized p.:�suant to Indio. River Ca=..ty Water/Wastewater Franchise Resolution No. 84 32 as am-ided. Said water/wastewater ra es are subject to adjustment 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 comiences to furnish water/wastewater service to your property." SECTION XV RATE SCIM)ULE 1. The rates charged by the Utility for its service hereunder shall at all times be compensatory and shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the Utility's 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 now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates When this franchise t� .%es effect, th-c Utility shall have authority to charge and collect, but not to exceed, the schedule of rates set at a public hearing for that purpose which shall remain 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 367.081 relating to the establishment of rates and charges. In any event, the Utility shall always be responsible for justifying its 8 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 consumer, make a 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 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 ts 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 -emergencies. 3. (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 Boars and which redistributes that service to its utility customers shall be autom<.tically 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 charged by the governmental 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 poser or --he 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 electric power or the taxes imposed by the governmental body have changed. The new rates authorized shall reflect the amount of the change of the ad valorem taxes or rates imposed upon the utility by the governmental agency, other utility or supplier of electric power. Provisions of the subsection shall not prevent a utility from seeking changes in rates pursuant to the provisions of subsection. (b) Before implementing a change in rates under this subsection, the utility shall file an affix-tinn under oath as to the accuracy of the figures and calculations upon which the change in rates is based, and that the change will not cause the utility to exceed the range of its last authorized rate of return. (c) 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 01 40 40 A® 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. (d) Notwithstanding anything herein to the contrary, no utility may adjust its rates under this subsection more than two times in any 12 month period. CONNEC.'TION CHARGE/CAPACITY DEKW FEE Connectic>n charges shall be established by public hearing held in conjunction with public hearing held for setting the rates. FRANCF.ISE FEE 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 operating costs (which includes the rate of return) in the event Utility does not have a rate schedule (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. Escrow Charges 1. 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 charge, as each unit is completed as the future plant capacity charges as provided for in Ordinance 80-22, Section 1 or according to the 10 become part of the renewal and replacement fund and may be used as ® described within Section XVII, RENEWAL & REPIACMENT ACCOUNT. 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 RENEWAL & REPIAC34ENT ACCOUNT Twj and one half percent (2�%) of the operating cost 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 reed arises; the percentage required to be placed in the renewal and replacement account may be amended after review by the County as necessary `o 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 that the County purchases the corporation's utility system pursuant to the provisions of this franchise as stated above, then any funds in said renewal and replacement account shall vest in the County. SECTION XVIII INSURANCE 1. The Utility shall at all times maintain public liability and property damage insurance in such amounts as set forth in, to wit: Exhibit "B" attached hereto dnd incorporated herein. 2. The Utility shall cause the County to be duly notified by the insurer in the event of anv modifications or deletions of the insiranrn as set forth in said Exhibit "B". Said aimunts shall be adjusted by the Utility, as shall be required from time to time by the Board in accordance with good 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. 12 3. Said insurance shall co -name Indian River County as an additional isured. 4. Certificate of insurance shall be filed with the County annually. ® SECTION XIX CONSUMER COMPLAINTS If any written ccu plaint 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 corplaint. If the Board finds reasonable cause does exist, the Board • shall so notify the Utility and request the Utility to satisfy or remedy such complaint. If the Utility fails, within a reasonable time, to satisfy or remedy such complaint 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 County; otherwise the Utility shall promptly comply with the order of the Board. SEx_•PTON XX CHANGE IN RATE SCHEDULE 1. 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. 2. A public hearing shall then be held on such request, of which notice shall be given by publication in a newspaper regularly published in said County at least one time not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. 3. Said hearing may thereafter be continued for a reasonable time- as imeas 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 (40) days follnwi_ng the -iblic 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 13 construction in the same manner as permits are authorized in the County i 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 1. 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 time within which the Utility shall remedy the same, which notice shall specify the deficiency or default. 2. If the Utility fails to remedy 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 deficier--or default exists from the date of 3diii hearing held by the Board; and the Board may further limit or restrict this franchise or franchise territory or may te~minate 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 the Circuit Court of the County. SECTION XXIII RIGHTS OF LANDOWNER., 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. SECTION XXIV WNPRACTUAL AGREEMENT It is specifically agreed by and betr�ecmntai-c par 14 - P 11e1CW 1.11c1L 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. 14 SEICTION XXV ® NON -PE MRMANCE 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 h of God", unavoidable casualties, labor disputes, etc. SECTION XXVII B E="ION 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 WHEREOF, The Board of County Commissioners of Indian River County, Florida has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Hoard of County Ccnmtssioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 16th Aal, of Mav r 1984. Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA in the presence of: `\ �pcc By G Don C. Scurlock, Jr., Chai \ Board of County Commissioners c� "Jo-, Attest• 'r,P Clerk Approved as rm and legal e ACCEPTANCE OF FRANCHISE `� e, IM"Braude SUNSHINE. TRAVEL RESORTS, INC., does hereby ac e t t9otMg*. franchise, and for their successors and assigns does e�c° agree to comply with and abide by all of the terms, conditions and provisions therein set forth and contained. DATED at Marshfield, Plymouth County, Mass. this 5/ I'll day of n 1984. WITNESS: SUNSHINE TRAVEL RESORTS, INC. By WILLIAM J. CHAS4, PRESIDENT T�- 15 COMMONWEALTH OF MASSACHUSETTS • PLYMOUTH, SS • I 1HUMY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgearients, personally appeared WILLIAM J. CHASE, and he acknowledged before me that he executed the foregoing instrment for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and County aforesaid 0 this ,�i day of ��,,, f 1984. Notary Public, State of,LLMass. hit tts My Commission expires: 16 A 111111 I n o NW" J.aa)9 . M �r/9199 't Qct b1 •arn t3Lt9 ilmoiam IJAVMI ® aaiNsans . s® iW m z L_! z m m m z G) N C Z CiS z m m m r m co O -4 N LOCATION MAP 1a63 0/!_ H ;-' QUIT-CLAIM oraD RAMCO FORM B This Quit-Maim Deed, Executed this 427 day of February A. D. 1 (43 4 by 1. 19� WILLIAM J. CHASE and ROSEMARY F. CHASE, his wife first party, to SUNSHINE TRAVEL RESORTS, INC., a Florida corporation whose postoffice address is 910 Frangi Pani Dr., Barefoot Bay, Florida second party: (Wherever used herein the term. "fins parry" and ".erond party" shall include singular and plural, heirs, legal seer .entativ . and ssign% of indiidual., and the wccessors and resigns of corporation,, wherever the context w admin or "quire..) Witnesseth, That the said first party, for and in consideration of the sum of $ 10.00-------- - in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River State of Florida to-wit: SEE ATTACHED EXHIBIT "Al' 4 Dec. ST. -AMT. S ' P:DA 1VP.IGHT, Clerk of C�c t Court Indian River County - bli (Z/Lin✓ fir' ("� T -t, r-•�, til -�j�� h C � 'sl.•lC': ter. --.--6 OC Chi JCJ� C� Op r^ . G_ Y U O J to To Haut and to Mold the same together with all and singular the appurtenances thereunto J I belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what- soever of the said first party, either in law or equity, to file only proper use, benefit and behoof of the said Qsecond party forever. V, a V, In ��tness 10hereof, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: t- 1 (— Uj A . ......... WILLIAM J. CHASE V f _................. i s ........................... ROSEMARY F. CHASE, his wife STATE F FL IDA, COUN F�.� )T I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared WILLIAM J. CHASE and ROSEMARY F. CHASE, his wife to me known to be the persons described in and who executed the foregoing instrument and ,they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and St e 1 'ro�iisaid.r. % day of February A. D. .19$4,. A MR No'ta'ry-Putrli Sate' 6 -Klorida at Large.- M, mmisssion Expires: NO7AAYpUg A7F Or _ FiORI T1Y COMMISSION EXWRfS JUNE 16 1986' David A. Cairns, Esq. RONOID 1f,Ru- gq`,IN; •••rs Thit htslrumr'uf prrwlrcrl l}: 2127 lOth Avenue AdJntr Vero Beach, Florida 32960 ATTACHMENT "A" 3O 3 PARCEL I: From the NE corner of the SW 1/4 of the SE 1/4 of Section 20, Township 31 South, Range 38 East, Indian River County, Florida; ® run South 0°32'37" West along the East line of the aforesaid SW 1/4 of SE 1/4 a distance of 649.15 feet to the Point of Beginning of the parcel to be herein described. From said Point of Beginning continue South 0°32'37" West along said line 544.50 feet, thence run 40 North 89015'23" West a distance of 863.87 feet to the Easterly right- of-way line of I-95; thence following said right-of-way line run North 8633'06" East a distance of 331.61 feet; thence North 10°46'50" East a distance of 219.32 feet; thence leaving said right-of-way line run South 89°15'23" East a distance of 778.69 feet more or less to the -Point of Beginning. Containing 10.298 Acres more or less. PARCEL II: From the NE corner of the SW 1/4 of the SE 1/4 of Section 20, ® Township 31 South, Range 38 East, Indian River County, Florida; run South 0°32'37" West along the East line of the aforesaid SW 1/4 of SE 1/4, a distance of 1193.65 feet to the point of beginning of the parcel to be herein described. From said Point of Beginning continue South 0°32'37" West, a distance of 138.36 feet to the NE cor- ner of the NW 1/4 of the NE 1/4 of Section 29, Township 31 South, Range 38 East; thence run South 0'39'37" West along the East line of said NW 1/4 of NE 1/4, a distance of 406.14 feet; thence run North 89° 15'23" West 922.25 feet to the East right-of-way line of 1-95; thence following said right-of-way line run North 2°59'28" East 170.69 feet; thence North 8°33'06" East, 377.41 feet; thence leaving said right- of-way line, run South 89°15'23" East 863.87 feet more or less to the Point of Beginning. Containing 11.24 Acres more or less. PARCEL III From HE corner of SW 1/4 of the SE 1/4 of Section 20, Township 31 South, Range 38 East, Indian River County, Florida; Run South 0°32'37" West along East line of aforesaid SW 1/4 of SE 1/4 a distance of 299.15 feet to the Point of Beginning of the parcel to be herein described. From said Point of Beginning continue South 0°32'37" West along said line 350 feet; thence run North 89°15'23" West a distance of 778.69 feet to the Easterly right-of- way line of I-95; thence following said right-of-way line run North 10° 46'50" East, 355.33 feet; thence leaving said right-of-way line run South 89°15'23" West a distance of 715.55 feet more or less to the Point of Begin- ning. Containing 6.256 Acres more or less. PARCEL M Commencing at the NE corner of the NW 1/4 of the NEE 1/4 of Section 29, Township 31 South, Range 38 East, run South 0°39'37" West along the East line of said NW 1/4 of the HE 1/4 a distance of 406.14 feet to the Point of Beginning. From the Point of Beginning continue South 0°39'37" West 234.97 feet; thence North 89615'23" West 932.47 feet to the East right-of- way of I-95; thence North 2°59'28" East 235.15 feet along said right-of-way thence South 89'15'23" East 922.91 feet to the Point of Beginning. A11 of the above situate in Indian River County, Florida. Containing 5.00 acres, more or less. Q CJ C17 O oo, m i 40 of NAM!. AND ADDRESS Or AGENCY Marshfield Insurance Agency, Inc. COMPANIES AFFORDING COVERAGES P.O. Box 734 769 Plain Street - - -' - - - - --- Marshfield , Ma. 02050 pt ;,NY A American Insurance Comrany ----------------- WI NAME AND ADDRESS OF INSUREDq__.___.____.__�-__.____-.—___ f'tlMl'A NY ■ - IIIIII, V Sunshine Travel Resorts Inc. _---__-._-----------_-__—. - 910 Frangi Pani Drive Bearfoot Bay, Florida 32958 - - --c--- - -------------- --- ---- - — Cl)M1'ANY G LErrfR L. i -- ---------- This is to certify tha-t— policies of insuran--u--' listed below have been Issued to the insured named above and are In farce al this time Notw'ilhs!a^.d:ng ary rcgmrement, !armor condlhon Of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the polrues described herein is subject to all the terms, exclusions and conditions of such policies. _ COMPANY rrPEorINsunnNCE POL„_---_-�---'-�--- Limits offLiabilit toThousannLET 'r NIIMHF R F- i11� r ___--... _ Y 1(,HA11-iN DnIL (ACI! .tC C:RFI.AIF GENERAL LIABILITY PI-�i)II.Y INIIII+_I S 5 A �]�1 COMP{rn1EN5IV1 FORM IA 336 87 86 3/3/85 t+_J PREMISE S- OPERATIONS PP-FIHI'r-A!L/,i;i f } EXPLOSIUN AND COLLAPSE HAZARD UNDERGROUND HAZARD -"-"- - --"- - --- "---'----' - PRODUCTS+COMPLErED --- --- ��,� ''''''rr OPf F,ATIONS HAZARD li(IDII � eJJlli,i ANI gJCONTRACTIIAt INSl1RAth1 prlt)I't. f+IYl14Mr.t:i 51000 '1,000, 1 000 BROAD ICF,M PROPFRTI I(iMRINID / / DAMAGE Ji~_1 INDEPENOENI L0NIR4(-I1)r PE. RSONAt IN1UNr AUTOMOBILE LIABILITY - Ll c nAPRr n! N%Iw I0W.' I :1 x 000, Ll OWNED L A �x� I,IRED Th be issued 3/3/85 �- -- r --- --- - EXCESS LIABILITY --- --- - �-- - -----"- 7 U IIMPI,f I I!• FORM �t/1111 F, r{IAN i1MOREl1,: ,,r.ti,ni, ORF/ WORKERS' COMPENSATION [_ and EMPLOYERS' LIABILITY OTHER - - — - ---- DESCRIPTION Of OPCFfA71ONS+l UCArIONSNF MI(;IfS Recreation Vehicle Develowent Corner of Route 512 and Route 95, Indian River County, Florida ADDITIONAL INSURFD INDIAN RIVER COUNTY. Cancellation: Should ally of the aUove dev ril eri pohcie; bo Liuu.elled hulurP IIP oxill-flun (fate thereof, the Issuinvi eorn- pany will encluivr)r to rrmil �0:1ays '.urinenoh -, h_I tho below named (r�lhfi(:ate holder• bot failure to mail such notice shall impose no ohhg,ihon 1),Ir.Iblllly of any kind upon the I)II)pany_ "AMI nND AHUft[S'. x11 111-11 Ali H(,I In11 Board of County Cm7missioners(,Ati May 7, 1984 County of Indian River 1840 Twenty Fifth Street Vero Beach, Florida 32960 1 ACCAD 25 (1.79) W