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HomeMy WebLinkAbout2003-289 'r .. .)i4 1489$$2 ;DataTHIS DOCUMENT HAS BEEN RECORDED / IN THE PUBLIC RECORDS OF AT 15 b ln3l, �, i�i= 59 � , INDIAN RIVER COUNTY FL +a �Q -, BK : 1656 PGA039 , Pagel of 4 r € " 11 /08/2003 at 10 :57 AM , AGREEMENT JEFFREY K BARTON , CLERK OF COURT Re : TEMPORARY WATER SERVICE CONNECTION AND PARTICIPATION IN FUTURE SPECIAL ASSESSMENT PROGRAM THIS AGREEMENT, effective this 4th day of November, 2003 by and , between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32960 (COUNTY) and Makario Henry and Natalya Henry, whose address is 4260 47th Place, Vero Beach, FL 32967 (COLLECTIVELY OWNER) BACKGROUND RECITALS A. OWNER desires to have temporary water service ("temporary connection") made available to property located at 4220 47th Place, 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 Crystal Sands Unit II Subdivision. Be 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 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) $ 19300 . 00 Tap-in Fee $ 400 . 00 Security Deposit $ 50 . 00 Recording Fee $ 19 . 50 Meter Fee $ 130 . 00 Inspection Fee 25 . 00 Total $ 19924 . 50 3 . COUNTY shall make service available for OWNER from a water main on 43rd Avenue, and OWNER shall make a connection from the Property to a temporary water connection point of COUNTY ' S choosing. When service is available from the special assessment line, OWNER F :\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\HENRY lemp water agreement CRYSTAL SANDS .doc 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 . 7 l Si By jf 4fiG- itnes //�/ Mak rio enr By � � Natalya Henry as Power of Atto Sign - Witness Printed name : 4A 000tn gn — BY Witnes�S74 Natalya Hent Sign g z e W Witness �Printed name : rp L.-. F :\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\HENRY2emp water agreement CRYSTAL SANDS . doc STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 4th day of November, 2003 , by Makario Henry and Natalya Henry, who are personally known to me or who produced Florida Driver ' s License as identification . NOTARY PUBLIC Sign T Printed name h / _77 c�-oh Stamped Seal & Commission Expiration DateCAROL T . BESANCON ( ~ MY COMMISSION # DD 040435 a EXPIRES: September 27 , 2005 t -80o-&N07ARY Fl Notary spa g goading, Inc. INDIAN RIVER COUNTY, FLORIDA Attest : J .K. Barton, Cler By its Bo of County C missioners Byh,�e.� . - yO .A Zoe B ilk Deputy Clerk Kenneth acht, Chairman Approved by BCC 11 - 04 - 2003 Appr e or form and legal Su f ci 1 ari , Asst . Z70,unty orney F :\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\HENRYymp water agreement CRYSTAL SANDS . doc s EXHIBIT " A " Legal Description : CRYSTAL SANDS UNIT II Lot 35 , PBI 11 - 1 Parcel Number : 32 39 22 00010 0000 00035 . 0 Property Address : 4220 47TH PLACE VERO BEACH , FL 32967 F :\Utilities\UTILITY - EMPLOYEE FOLDERS\Dan Chastain\HENRY,4;mp water agreement CRYSTAL SANDS . doc