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HomeMy WebLinkAbout1999-02640 7D (NJMAXWELLADC) `1y.(9A6 AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND JAMES R. MAXWELL REFERENCE: EXPEDITED TEMPORARY WATER SERVICE AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM THIS AGREEMENT, made this day of January -,I -(e-, 1999 by and between the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32960 (COUNTY) and James R. Maxwell, 802 Robin Road, Sebastian, Florida 32958 (OWNERS). WITNESSETH: WHEREAS, the OWNERS desire to have temporary water service made available to the property located in Indian River County, Florida, described in Exhibit "A," from a new connection to an extension of an existing water line (the "temporary expedited connection") before the COUNTY is ready to construct a new water line (the "special assessment line"), which new line will be paid for by specially assessing OWNERS' property and other property in the special assessment project; and WHEREAS, the COUNTY requires the OWNERS at the time of the installation of this temporary expedited connection to pay certain fees immediately and to participate in certain costs of the special assessment line when the COUNTY undertakes the special assessment project, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt of which is hereby acknowledged, COUNTY and OWNERS agree as follows: 1. The OWNERS will pay, on signing this agreement, the following amount per ERU: water impact fee $1,300.00 tap in fee 400.00 meter installation 130.00 inspection fee 25.00 security deposit 50.00 recording fee 24.00 TOTAL AMOUNT $1,929.00 2. The COUNTY shall connect OWNERS' property to a temporary expedited connection point of COUNTY's choosing. When service is available from the special assessment line, OWNERS may be required to disconnect from the temporary expedited connection and reconnect to the special assessment line. Any such reconnection would be at the expense of OWNERS, except that OWNERS shall not ®M nave to pay the impact fee, security deposit, or meter fee again. 3. Whether OWNER is required to reconnect to the special assessment line ® or remain connected to the temporary expedited xpedited connection, OWNERS shall participate in the cost of the special assessment project for line extension charges and other costs related to the assessment. By accepting the temporary expedited connection, OWNERS waive any right to contest the receipt of special benefit from the special assessment p.VJJect. In addition, OWNERS' signatures on this agreement may be considered to be an affirmative vote for construction of the special assessment line. 4. This agreement shall be recorded and shall be a covenant running with the land and shall bind the heirs and assigns of OWNERS. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first set forth above. BOARD COUNTY COMMISSIONERS IND RIVEK CO ORIDA enneth cht, haTrman Jeffrey K. Barton Clerk to the Board (SEAL) OWN S: C 1��-z& itness�i . ) Y"A -Rs , B (print) James R. ZMa�0,10 ( Wit) `3 STATE OF FLORIDA COUNTY OF INDIAN RIVER L%%' Before me personally appeared"Krrmeth--R—.1.- ,& O o—un ardT fffty t ' r fto me well known and known to me to be the persons described in ana who executed the foregoing instrument, and they acknowledged before me they executed same. /p WITNESS' may„ hand and official seal this /� day of ARY PUBLIC prineZt, q�YP�, Barbara B. Schardt State of Florida at Large (seal) z° Commissian # CC 764116 a Expires August 2, 2002 eoNDeO UMy Commission Expires: Of P4r1FIONDINGC INC. 40 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me personally appeared Kenneth R. Macht, as Chairman of the Board of County Commissioners, and V'1W, as Deputy Clerk of Circuit Court, who are personally known to me to be the persons w o e cuted the foregoing instrument, and they acknowledged before me that they executed the same. Witness my hand and official seal this 26th day of January, 1999. NOTARY PUBLIC SIGNJ PRINT Alko E. White SEAL: Notary Public, SwuofFlotrj& , x0' Cu"'nri3ilon N0.CC576887 nO MyC(,'nmis310fiEXP.081132000 ; < I -11M3 -NOTARY - Fla. Now),Sprite & Bmdiea Co. S))1111U))lUA))N111)11111U)1))))51111)NU)))) ' EXHIBIT A PARCEL NUMBER: 28 30 38 00001 0000 00022.0 PROPERTY ADDRESS: 802 Robin Street Sebastian, Florida 32958 LEGAL DESCRIPTION: Point -O -Woods Subdivision PBI 11-47 Lot 22 and 1/22 INT in TR A 178, PP 6