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HomeMy WebLinkAbout2003-113 14h.iis docunemt Plr';Pared a ;, Ato and should he rea ms to (/ the County kttorney' E OIfICe , (� 10 25th St., Vem 1 Florida 32960 IN THE .RECORDS OF JFK ME`'' K. [3^, � TCN CI_ EftK CIRCLA COURT AGREEMENT INDIAN RIVER CO . , FLA. Re : TEMPORARY WATER SERVICE CONNECTION AND -~~ PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM THIS AGREEMENT, effective this 13th day of May, 2003 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street , Vero Beach, Florida 32960 (COUNTY) and Ernest S . Marino and Cheryl A. Marino, whose address is 4105 61 " Avenue, Vero Beach, FL 32967 (COLLECTIVELY OWNER) BACKGROUND RECITALS a w A . OWNER desires to have temporary water service ("temporary connection") made available to property located at 4105 61St Avenue , Vero Beach, Florida, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "Property") before the COUNTY installs water lines in Meadowlark Woods Subdivision. B . COUNTY requires the OWNER to pay certain fees immediately at the time of the installation of temporary connection and to participate in certain costs of the special assessment 0�1 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 OWNER agree as follows : 1 . The background recitals are true and correct and form a material part of this Agreement . 2 . OWNER shall pay, on signing this Agreement, the following amount per Equivalent Residential Unit (ERU) : Capacity Charge (ERU) $ 1 , 300 . 00 Tap-in Fee $ 400 . 00 Security Deposit $ 50 . 00 Recording Fee ' s(This Agreement) & $ 19 . 50 Financing Agreement $ 24 . 05 Cn Meter Fee $ 130 . 00 Inspection Fee $ 25 . 00 Total $ 17948 . 55 Cn 3 . COUNTY shall make service available for OWNER from a water main on 74t11 Avenue, and OWNER shall make a connection from the Property to a temporary water connection point 1 a of COUNTY ' S choosing . When service is available from the special assessment line, OWNER may be required to disconnect from the temporary connection and to reconnect to the special assessment line . Any such reconnection shall be at the sole expense of the OWNER, except that the OWNER shall not have to pay the capacity charge, security deposit, or meter fee again . 4 . Whether OWNER is required to reconnect to the special assessment line or remain connected to the temporary connection, OWNER shall participate in the cost of the special assessment project for line extension charges and other costs related to the special assessment . By accepting the temporary connection, OWNER waives any right to contest the receipt of special benefit from the special assessment project . In addition, OWNER ' s signature on this Agreement may be considered to be an affirmative vote for construction of the special assessment line . 5 . This Agreement shall be recorded in the official records of Indian River County, Florida, and shall be a covenant running with the land. This Agreement shall bind the OWNER, jointly and severally, and the OWNER ' s heirs , successors , and assigns . IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective as of the date first written above . Sign By Witness Ernest S . arino Sign fitness Printed name : 4 /U Lyrl/c.Q t!1 ` p /< — '` / 7c�Si By Witness Cheryl A . Marino Sign "tness /�& � Printed name : AiqlU l.. _L-1/1/le Indian R V e Co . :Administration u3 1Cn Utilities rJ ! i Btjdget Legal Risk :hlana1 cl cn 4"" 2 w w . STATE OF FLORIDA COUNTY OF INDIAN RNER The foregoing instrument was acknowledged before C� g e me this � day of April , 2003 , by Ernest S . Marino and Cheryl A . Marino , who are personally known to me or who produced Florida Driver ' s License as identification . NOTARY PUBLIC Sign Printed name U y Stamped Seal & Commission Expiration Date GINA M. BROWN 1. My ai tr5p. yitil0ll ,. ;�: . Na Oti 01"iZ hrN�tlirMiww tlo�.► ia ��, W k INDIA IkIP✓R CCfJVNTY,- FLORIDA Barton, Cle "� Biu ` sioners BY ;���`�t��,rd ofy 40� _ ung By Deputy Clerk f hai an ka Approved by B ' �i�r 3 . 2003 Form approved by County Attorney and Utilities Department - -� 0 C11 VO W -a C.Tt 3 EXHIBIT Legal Description : MEADOWLARK WOODS SUBDIVISION Lot 1 , PBI 13 -49 Parcel Number: 32 39 29 00009 0000 00001 . 0 Property Address : 4105 61 ST AVENUE VERO BEACH, FL 32967 a �v �O W c-� c.n w 4