HomeMy WebLinkAbout1986-0497/18/86(UTIL)LMA
RESOLUTION NO. 86-49
FRANCHISE AGREEMENT BETWEEN
INDIAN RIVER COUNTY
AND
CONSOLIDATED VISTA DEVELOPMENT CORPORATION
This Franchise Agreement dated this 6th day of August ,
1986, by and between INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, 1840 - 25th Street, Vero Beach, Florida 32960,
(305) 567-8000, (hereinafter referred to as "County") and
Consolidated Vista Development Corporation (hereinafter referred to
as "Utility")
WITNESSETH: That for and in consideration of the premises and
other good and valuable consideration, it is hereby
RESOLVED by the Board of County Commissioners of Indian River
County, Florida, that:
SECTION I
This Resolution shall be known and may be cited as the
CORALSTONE CLUB UTILITY COMPANY WASTEWATER 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.
(a) "County Engineer" may be "County Administrator or County
Utilities Director".
(b) "Person" is any person, firm, partnership, associateion,
corporation, company or organization of any kind.
(c) The word "shall" is always mandatory.
(d) "Territory" means the area located in Indian River
County, Florida outside the corporate limits of any municipality as
the same is more particularly defined and described herein.
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(e) "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 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.
(f) "Service" means supplying to a user the distribution
of wastewater and the treatment thereof.
(g) "Hookup and/or Connection" is the connecting of
potential user's property to the wastewater system in order to
utilize the Utility's services.
(h) "Contribution in aid of construction" shall mean
nonrefundable donations or contributions in cash or properties from
individuals, governmental agencies or others for construction or
property -addition purposes.
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 wastewater system as herein
defined within the described territory as herein provided and for
these purposes to charge for collection and disposal of wastewater
within the territroy, and for these purposes to establish the
necessary facilities and equipment and to lay and maintain the
necessary lines, pipes, mains and other appurtenances necessary
therefore in, along, under and across the public alleys, streets,
roads, highway and other public places of the County; provided,
however, that the County reserves the right to permit the use of
such public places for and all other lawful purposes and subject
always to the paramount right of the public in an to such public
places.
2. The Utility shall, at all times during the life of
this franchise, be subject to all lawful exercise of the police
power and regulatory authority of the County and to such regulation
as the County shall hereafter by resolution provide.
3. The Utility shall supply the County with copies of its
Department of Environmental Regulation monthly operating reports and
trouble reports, if any.
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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 increased fees
and charges as it shall find necessary in the exercise of the police
power and lawful authority vested in said County. The 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 wastewater system to this
franchise area. Should the County extend the county system, this
agreement shall be considered a temporary wastewater franchise and
upon the demand of the County, franchisee shall discontinue its
wastewater operation and immediately connect to the County system
and shall pay to the County all the sums due under the County's
then existing 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
HOLD HARMLESS CLAUSE
It is expressly understood and agreed by and between the Utility
and the County that the Utility shall save the County and members of
the Board of County Commissioners harmless from any loss sustained
by the County on account of any suit, judgement, execution, claim or
demand whatsoever resulting from any acts whatsoever from
negligence, or intentional, wanton, willful or reckless acts on the
part of the Utility in the construction, operation or maintenance of
the 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.
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SECTION VI
CERTIFICATE OF COMPLIANCE
1. The Utility shall maintain and operate a 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 necessarily be limited to
"Construction Specification for Sewage Treatment/Collection
Facilities" promulgated by Indian River County Utilities Department,
July 1980, or as amended. The County shall require the Utility to
comply with the above standards. Prior to the issuance of a
construction permit, the Utility's project engineers shall certify
to the County that the design standards as set forth in said
specifications will be met 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 may be issued to the Utility for the
construction thereof.
2. Upon the completion of all construction of the
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 specifications 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. No service is to be provided to customers
until such time as the County issues an operating permit. The
issuance of said permit shall not be unreasonable withheld. The
Utility shall grant necessary easements to the County without charge
to connect the wastewater system to the County Master Wastewater
System together with such easements as are necessary to provide
access to the wastewater system, where and if the County makes
wastewater service available to the project. The Utility agrees to
pay all other fees which may be applicable during the operation of
the system.
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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 River County Utilities Department. The manner of collection
and disposal of wastewater shall at all times be and remain not
inferior to the quality standards for 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 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 the same shall be subject to
the approval of the Board.
2. At all times herein wherein 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 recommendations to the Board
of County Commissioners, but such recommendations are not mandatory.
Any arbitration shall be in accordance with the Florida Arbitration
Code.
SECTION IX
_DEDICATED EASEMENTS
All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains
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and manholes and other fixtures laid or placed by the Utility for the
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 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 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 otherewise 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 become
dangerous to the traveling public. In the event any such public place
under or upon which the Utility shall have located its facilities
shall be closed, abandoned, vacated or discontinued, the 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 removal and relocation of the removed facilities in order to
continue its service as therefore 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.
SERVICE REQUIREMENTS
The Utility shall provide service within the franchise territory
on a non-discriminatory basis as if it were regulated under Chapter
367 Fla. Stat., except to the extent that said provisions are in
conflict with the provisions of the franchise.
SECTION XI
AVAILABILITY OF SERVICE
1. Subject to the provisions of Section XI (2) the Utility
shall furnish, supply, install and make available to any and all
persons within the franchise territory making demand therefor, its
public wastewater system, and shall provide such demanding person
with its services and facilities; provided, however, that the Board
may, upon application of the Utility extend time for providing such
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service to such demanding person. In the event the Utility fails to
provide its services and facilities as an 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 the wastewater system by the Utility or such
greater area as the Board shall determine; 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 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 a rate of return on its
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. Such proof shall be
made by the Utility within 30 days from receipt of a written request
by the County.
•
TRANSFER OF OWNERSHIP
1. The Utility or its shareholders shall not sell or
transfer its plants or systems or transfer corporate ownership 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 bequest, 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
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Utility or partners of the Utility taking place contrary to the
terms and 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.
SECTION XIII
ADEQUATE CAPACITY
Utility warrants adequate capacity to service existing or
anticipated customers and agrees not to provide
wastewater service unless adequate capacity is available at the time
any new connection is made.
SECTION XIV
NOTICE OF ADJUSTMENT OF RATES
Upon the initial connection of any customer to the
wastewater system or upon the reconnection of any new customer
to the 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 wastewater rates set forth herein have
been authorized pursuant to Indian River County
Water/Wastewater Franchise Resolution
No. as amended. Said wastewater
rates 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 wastewater franchise is
terminated and Indian River County commences to
furnish wastewater service to your
property."
SECTION XV
RATE SCHEDULE
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
any other regulatory body having competent jurisdiction to fix just,
reasonable and compensatory rates. When this franchise takes effect,
the Utility shall have authority to charge and collect not more
than 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
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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 after public
hearing, 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; however before,
any test is made by the Utility, the required fee shall be deposited
with the Utility by the party requesting such a 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 -emergencies.
3. (a) The approved rates of any utility which already
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 charged by
the governmental agency or other utility have 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 or
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
ad valorem taxes or rates imposed upon the utility by the
governmental agency, other utility or supplier of electric power.
Provisions of this subsection shall not prevent a utility from
seeking changes in rates pursuant to the provisions of Section XX.
(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, 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
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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.
(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.
CONNECTION CHARGE/CAPACITY DEMAND FEE
Connection charges shall be established by public hearing held in
conjunction with public hearing held for setting the rates.
FRANCHISE FEE
1. The Utility hereby agrees to pay to the County a
franchise fee in the amount of six percent (0) 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, then it
shall pay six percent (6%) of its gross operating costs or the sum of
Five Hundred and No/100 Dollars ($500.00), whichever is greater. The
Utility shall pay the six percent (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 the 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 any other requested fees have been collected and
disbursed in accordance with the terms of this Agreement.
SECTION XVI
ESCROW CHARGES
1. The Utility shall place into a County Escrow account an
amount equal to the County impact fee current at the time of the
issuance of a Building permit.
2. The County will deposit all escrow charges paid for any
and all connections in this franchise into an interest bearing account
with the interest remaining in the account.
3. Should the County at any time take over the wastewater
system the money remaining in said account shall become the absolute
property of the County and the Utility shall have no rights thereto.
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SECTION XVII
COUNTY PURCHASE_ OPTION
The County shall have the right to purchase the Utility's
wastewater plant at Utility's original construction cost, original
land cost, plus costs associated with capital additions and
expansions to the plant, less three and one-half percent (3 1/2%)
depreciation per year, and less any contributions in aid of
construction. Depreciation on the system shall be calculated to start
at the time the County issues an operating permit as provided in
Section VI. Upon acquisition of the wastewater plant and appurtenant
real estate, the County would then own the entire wastewater system
and would terminate this franchise and provide wastewater utility
service to the franchise territory. All accumulated escrow fees would
vest in the County.
In the event of an acquisition by the County, or the
utilization of the County's own plants, the County shall receive the
wastewater collection system free of cost and in good repair, wear
and tear expected. The Utility agrees to grant to the County any
easements necessary to connect the wastewater system to the County's
wastewater system without charge. The Utility shall pay all
escrowed impact fees upon acquisition or upon connection to County's
own plants.
SECTION XVIII
RENEWAL & REPLACEMENT ACCOUNT
Two and one half percent (2 1/2%) of the annual operating cost of
the Utility shall be delivered to the County to be placed in an
interest bearing renewal and replacement account for purposes of
renewal or replacement of the capital assets of the wastewater
system of the Utility. Utility shall initially fund said account
with five thousand dollars ($5000.00). Interest shall accumulate in
said account until the account reaches twenty-five percent (25%) of
the estimated value of the system's original cost; thereafter
interest shall be paid to the Utility annually by the County. Said
funds shall be used only for renewal or replacement of the
wastewater system by the Utility as the needs arises and approved by
the County. The percentage required to be placed in the renewal and
replacement account may be amended after review by the County as
necessary to maintain a sufficient account balance taking into
account the general condition of the system. Upon the County taking
over the wastewater system all accumulated Renewal and Replacement
escrow funds shall vest to the County. The County is granted the
right to make necessary repairs using said funds in the event of
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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 XIX
INSURANCE
1. The Utility shall at all times maintain public liability
and property damage insurance in such amounts as required by the Board
of County Commissioners.
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. Said amounts shall be adjusted by the Utility, as shall be
required from time to time by the Board in accordance with the 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.
3. Said insurance shall co -name Indian River County as an
additional insured.
4. Certificate of insurance shall be filed with the County
annually.
®'
CONSUMER COMPLAINTS
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
complaint. 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
issue an appropriate order to remedy the problem.
SECTION XXI
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, them the Utility shall notify
the Board in writing, setting forth the schedule of rates and charges
which it proposes. The Utility shall pay any required rate structure
review fee and shall furnish the County with all information required
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required by the County.
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 of
less than one week preceding such hearing. Certified proof of
publication of such notice shall be filed with the Board.
3. At the conclusion of the public hearing, the Board may
issue an order. The Board shall issue its order on the rate request
within ninety (90) days following the public hearing.
61DIWIVE410F.
CONSTRUCTION PERMITS
I. 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 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.
2. Prior to the issuance of a construction permit,
certification from the Indian River County Fire Department must be
obtained certifying fire flow requirements have been met.
SECTION XXIII
LO)WASOMKOW91MMW
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 more than Five Hundred And
No/100 Dollars ($500.00) 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.
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CONTRACTUAL AGREEMENT
It is specifically agreed by and between the parties hereto
that this franchise shall be considered a franchise agreement between
the Utility and the County and as such a contractural instrument
recognized under the Statutes and Laws of the State of Florida. This
franchise agreement is not intended to create rights or actions
running in favor of third parties, except as herein specifically
provided.
SECTION XXV
EXECUTION OF FRANCHISE
If any words, sections, clause or part of this resolution
are held invalid, such portions 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 Indian River County by the Chairman of the Board of
County Commissioners and its seal to be affixed and attested by its
Clerk, all pursuant to the resolution of the Board of the County
Commissioners adopted on the 6th day Of August , 1986.
Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA
in the presence of:
ApprovedEtoformand legalByChanes County A
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By
Don C. Scurlock Chairma
Board of County Commissioners
Attest:
Clerk
ArPPROVED T4NC'
11 Y MAT `ERS
BY TE PIN `0
DIREC1'oR
DIV. OF UTILITY SERVICE'S
Coralstone Club Utility Company, does hereby accept the
foregoing franchise, and for their successors and assigns does
hereby covenant and agree to comply with and abide by all of the
terms, conditions and provisions therein set forth and contained.
DATED at Vero Beach, Indian River County, Florida, this
day of 1986.
WITNESS:
COUNTY OF INDIAN RIVER
Coralstone Club Utility Company
B�+ / -- /�
President
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements,
personally appearediall 10as the President of
Coralstone Club Utility Company, a Florida Corporation, and he
acknowledged before me that he executed the foregoing instrument
for the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County
aforesaid this �day of �, 1986.
Notary Public, State 6Y Florida at,harge
My Commission expires:
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C
40
of
EXHIBIT A
Legal Description: All of Government lot 5 less the West two acres and
the South 411.84 feet; all of Government lot 6 less
the South 411.84 feet; and all of Government lot 7
less the 100 -foot State Road A -1-A right-of-way; all
located in Section 26, Township 31 South, Range 39
Fast in Indian River County, Florida. Subject to
all easements of record.
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MICHAEL 0J
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alstone Club Iltijity Compa��
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