HomeMy WebLinkAboutWinter Park Holding Development Agreement
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DEVELOPER AGREEMENT
1992 OCT -9 AM 8: 25
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~HIS AGREEMENT made and entered into this ;;2S day of
/~1;)--, by and between Hinter Park HoldJ..ng
here naf er referred to as "Developer", and CITY OF WINTER
SPRI GS, FLORIDA, a municipal corporation, hereinafter refe:rred
to as the "City".
WHEREAS, Developer owns or controls lands located in
Seminole County, Florida and described in Exhibit "A" attached
hereto and made a part hereof as if fully set out in this para-
graph and hereinafter referred to as the "Property", and
Developer intends to develop the Property by erecting thereon,
individually metered residential units, general service units, or
combination of these; and
WHEREAS, Developer has officially requested that the City
provide central water distribution and sewage collecti'on service
for Developer's property herein described in Exhibit "A"; and
WHEREAS, the City is willing to provide, in accordance with
the provisions of this Agreement central water and sewer services
to the Property and thereafter operate applicable facilities so
that the occupants of the improvements on the Property will
receive an adequate water supply and sewage collection and
disposal service from the City; and
WHEREAS, Developer's project and the receipt of water and
sewer service is contingent upon the construction and utilization
of existing and contemplated water and sewage service facilities
and the availability of capacity of those facilities;
NOW THEREFORE, for and
the mutual undertakings and
assumed, the Developer and the
follows:
in consideration of the premises,
agreements herein continued and
City hereby covenant and agree as
1. The foregoing statements are true and correct.
2. The following definitions and references are given for
the purpose of interpreting the terms as used in this Agreement
and apply unless the context indicates a different meaning:
(a) "Consumer Installation" All facilities
ordinarily on the consumer's side of the point of delivery.
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(b) "Contribution-in-aid-of-Construction (CIAC)" - The
sum of money and/or the value of property represented by the
cost of the water distribution and sewage collection systems
including lift stations and treatment plants constructed or
to be constructed by a Developer or owner, which Developer
or owner transfers, or agrees to transfer, to the City at no
cost to the City, in order to induce the City to provide
utility service to specified property.
(c) "Development Phase" A subdivision or
construction phase of the construction of utility facilities
on propert y.
(d) "Equivalent Residential Connection (ERC)" - A
factor used to convert a given average daily flow (ADF) to
equivalent number of residential 'connections. For this
purpose the average daily flow of one, equivalent residential
connection (ERC) is 500 gallons per day (gpd) for water
service and 300 gallons per day (gpd) for sewer service.
The number of ERC's contained in a given ADF (water or
sewer) is determined by dividing the ADF by the appropriate
ERC gallons per day. The determination of the number of
ERC's for the Property shall be subject to factoring as
mutually agreed upon by the City and the Developer, if
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applicable. The City ~ese~ves the ~ight and total
disc~etion to amend this definition as usage o~ relevant
~egulatory agency may mandate.
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Developer
Developer
service.
"Notice to
expressing
ag~eement,
Proceed" A document executed by
a formal order pursuant to the
for specific wate~ and/or sewer
(f) "Point of Delivery" - The point where the pipes or
meter of the City are connected with the pipes of the
consumer. Unless othe~wise indicated, point of delivery
shall be at the consume~' s lot line.
(g) "Property" - The area o~ pa~cel of land described
in Exhibit "A".
(h) "Service" - The ~eadiness and ability on the part
of the City to furnish and maintain water and sewe~ service
to the point of delivery for each lot o~ t~act (pursuant to
applicable rules and ~egulations of applicable ~egulatory
agencies) .
3. Assurance of Title - Within a period of forty-five
(45) days after the execution of this contract, o~ prior to
Developer issuing the Notice to Proceed to Utility, at the
expense of Developer, Developer agrees to delive~ to Utility a
Certificate of Title, a Title Insurance Policy o~ an, opinion of
title from a qualified attorney-at-law, with ~espect to the
Property. The provisions of this paragraph are fo~ the purpose
of evidencing Developer's legal right to grant the' exclusive
rights of service contained in this Agreement.
4. Connection Charqes - In addition to the contribution of
any water dist~ibution and sewage collection systems, where
applicable, and further to induce the City to p~ovide water and
sewage service, Developer hereby agrees to pay to the City the
following connection charges:
(a) Contributions in Aid of Const~uction:
(1) Plant and main capacity charges as set forth
in Ordinance No. 449 and described,'in Exhibit "B".
(b) Payment of the connection cha~ges does not and
will not result in the City waiving any of its rates or
~ules and ~egulations, and thei~ enforcement shall not be
affected in any manner whatsoever, by Develope~ making
payment of same. The City shall not be obligated to refund
to Developer any portion of the value of the connection
charges for any reason whatsoever, nor sha~l the city pay
any interest or ~ate of interest upon the connection charges
paid.
Neither Developer nor any person or other entity
holding any of the Property by, th~ough o~ unde~ Developer, or
otherwise, shall have any present or future right, title, claim
or interest in and to the connection charges paid or to any of
the water or sewer facilities and properties of Utility, and all
prohibitions applicable to Developer with respect to no refund of
connection charges, no interest payment on said cbnnection
charges and otherwise, ar applicable to all'persons or entities.
Any user or consume~ of water or sewer ser~ice shall
not be entitled to offset any bill or bills rendered 'by the City
for such service or services against the connection charges paid.
Developer shall not be entitled to offset the connection charges
against any claim or claims of the City.
5. Payment - Developer shall pay
plant and main capacity charges for
hereunder at the time of execution hereof.
in full all treatment
all capacity reserved
The Developer shall
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pay in full all capacity reservation charges within 30 days of
the date that such fee is billed.
6. Capacity - Capacity reservation procedure shall be as
provided in Resolution No. 509, City of Winter Springs, Florida,
dated August 26, 19B5. The parties agree that the capacity
needed to provide service to the Property is 26,000 gallons
per day for potable water supply and 15,600 ~~llons p0r
day for wastewater removal. Developer agrees that the number of
units of capacity reserved hereby shall not exceed the number of
units of development for which capacity is reserved hereby
pursuant to Exhibits Band C. Developer agrees that sewage to be
treated by the Utility for Developer's property will consist of
domestic wastewater and further agrees that it will not allow any
abnormal strength sewage to flow from Developer's property to the
City's sewage treatment facility that will cause harm to the
treatment process. In addition, developer further agrees that no
wastewaters, fluids or other substances and materials shall be
discharged to the City's sanitary sewer collection/transmission
system, which contains any hazardous, inflammable~ toxic and/or
industrial constituents, in whole or in part, regardless of the
concentrations (I. e., strengths) of said constituents. Developer
grants to the City the right to sample the Developer's compliance
with this paragraph.
7. Guaranteed Revenue Charqes. Commencing on execution
Developer shall be required to pay to the City a Guaranteed
Revenue Charge of $256.00 per year per each combined water and
sewer ERC, in order to preserve its rights to ut{lize such sewer
and water capacity.
B. On-site Installation To induce the City to provide
the water treatment and sewage collection and disposal
facilities, and to continuously provide consumers located on the
Property with water and sewer services, unless otherwise providej
for herein, developer hereby covenants and agrees to construct
and to transfer ownership and control to the City, as a
contribution-in-aid-of-construction, the on-site water
distribution and sewer collection systems located on developer's
property. The term "on-site water distribution and sewage
collection systems" means and includes all water distrib,ution and
supply mains, lines and pipes, and related facilities, and sewage
collection lines ,facilities and equipment, including pumping
stations, constructed within the boundaries of Developer's
property adequate in size to serve each lot or unit within the
property in accordance with the plans, specifications and all
other pertinent documents approved by the City. Developer will
furnish the City with three (3) copies of the plans and
specifications for the water distribution system, sewage
collection main lift stations and other facilities necessary to
serve the property described in Exhibit "A".
(a) Developer shall obtain approval of plan~ and spec-
ifications from all necessary agencies. No construction
shall commence until the City and appropriate regulatory
agencies have approved such plans and specifications in
writing. If construction commences prior to all such
approvals and any other approvals required hereunder, the
City shall have no responsibility to accept such'lines and
facilities and the City may elect to terminate the Agree-
ment and or not provide service to Developer until such
time as Developer obtains all such required approvals. When
permits and approved plans are returned by appropriat?
regulatory agencies to Developer, Developer shall submit ta
the City one copy of the water and/or sewer constructio~
permit and approved plans. Developer shall also supply tJ
the City a copy of the final estimate of payment covering
all contract items and Release of Lien from Cont~actor(s).
(b) After the approval of plans and specifications by
the City and appropriate regulatory agencies, Developer, o~
the engineer of record, shall set up a preconstruction
conference with engineer of record, the City's Utility
Director, appropriate building official(s), all other
utility companies involved in' the development of the
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Property, and other employees of the City, as may be
appropriate.
Developer shall provide to the City's Utility Director
forty-eight (48) hours written notice prior to commencement
of construction and forty-eight (48) hours written notice
prior to any inspections or tests being performed as
described herein. "Notice" shall be complete when the City
actually receives same.
During the construction of the water distribution and
sewage collection systems by Developer, the City shall have
the right to inspect such installations to determine compli-
ance with the approved plans and specifications. The
engineer of record shall also inspect construction to insure
compliance with the approved plans and specificatio~s. The
engineer of record and City's Utility Director or his duly
appointed representative shall be present for all standard
tests and inspections for pressure, exfiltration, line and
grade, and all other normal engineering tests and inspec-
tions to determine that the systems have been installed in
accordance with the approved plans and specifications, and
good engineering practices.
(c) Upon completion of construction, Developer's
engineer of record shall submit to the City a copy of the
signed certification of completion submitted to the appro-
priate regulatory agencies. If certification is for the
water distribution system, a copy of the bacteriological
results and a s~<etch showing locations of all sample points
shall be included. The engineer of record shall a.1so submit
to the City ammonia my1ars of the as-built plans prepared
and certified by the engineer of record.
9. Off-site Installation - The Developer will construct
and install all water mains, gravity sewer lines, lift station(s)
and force main(s) from Developer's property to the City's
existing facilities in accordance with overall master plans of
the utility system and in accordance with approved engineering
plans and specifications. At all times prior to, during and upon
completion of construction of the extensions of water and sewer
lines, the City shall have the right to inspect and approve
all construction plans and specifications, piping, connectiions,
equipment, materials and construction work being provided or
performed, or previously provided or performed, by' or on behalf
of the Developer. Such approval shall not be unreasonably with-
held or delayed by the City, and any costos of such inspections
shall be borne by the City. It shall.be the Developer's
responsibility to insure that all construction fully meets the
plans and specifications approved by the City. As a .condition
precedent to receiving water and sewer service, Developer shall:
(a) Furnish the City with three (3) copies of the
plans, specifications and engineering cost estimate for the
water distribution system, sewage collections system, lift
station(s) and other facilities necessary to serve the prop-
erty described in Exhibit "A". Developer must receive
approval from the City of said plans, specifications and
engineering cost estimate prior to proceeding .with any
construction of the facilities.
(b) Obtain approval of the plans and specifications
from all necessary governmental agencies, including, but
not limited to, the Florida Department of Environmental
Regulation, the County of Seminole, and/or the City. No
construction shall commence until the City and appropriate
regulatory agencies have approved such plans and specifi-
cations in writing. When permits and approved plans are
returned by appropriate regulatory agencies to Developer,
Developer shall submit to the City one (1) copy of water
and/or sewer construction permit and approved plans.
(c) After the approval of plans and specifications by
the City and appropriate regulatory agencies, Developer, or
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the engineer of record, shall set up a preconstruction con-
ference with engineer of record, the City's Utility Director
or his duly appointed representative, appropriate building
official(s), all other utility companies involved in the
development of the Property, and other employees of the
City, as may be appropriate.
Developer shall provide to the City's Utility Director
forty-eight (48) hours written notice prior to commencement
of construction and forty-eight (48) hours writ~e~ notice
prior to any inspections or tests being performed as
described herein. "Notice" shall be complete when the City
receives same.
During the construction of the water distribution and
sewage collection systems by Developer, the City shall have
the right to inspect such installations to determine compli-
ance with the approved plans and specifications. The
engineer of record shall also inspect construction to assure
compliance with the approved plans and specifications. The
engineer of record and City's Utility Director or his duly
appointed representative shall be present for pll standard
tests and inspections for pressure, exfiltration; line and
grade, and all other normal engineering tests and inspec-
tions to determine that the systems have been installed in
accordance with the approved plans and specifications, and
good engineering practices.
(d) Upon completion of construction, Developer's
engineer of record shall submit to the City a copy of the
signed certification of completion submitted to the appro-
priate regulatory agencies. If certification is for the
water distribution system, a copy of the bacteriological
results and a sketch showing locations of all sample points
shall be included.
Developer' 5 engineer shall deliver One (1) set of
am m 0 n i amy I a r s 0 f " As - b u i It" en gin e e r i n g p I an s', pre par e d by
the professional engineer of record, showing the location of
all water and sewer systems and services installed, and
certification by the professional engineer of record, to the
Utility that such systems and services, as built, comply
with the plans and specifications approved by the City.
Furnish proof satisfactory to the City that the
installation of the facilities and all contractors, subcon-
tractors, materialmen and laborers have been paid in full,
and provide an engineer's certificate of total cost of
improvements, 1. e., by Release of, Lien or other appropriate
means.
(e) Install, at its sole expense, all of the aforesaid
facilities off-Site, in accordance with the plans and spec-
ifications approved by the City. The City agrees it will
complete its review of the plans and specifications within
thirty (3~) days of receipt from the Developer. '
1~. By these presents, Developer hereby agrees to transfer
to the City title to all water distribution and sewage 'collection
systems installed by Developer or Developer's contractor, pursu-
ant to the provisions of this Agreement. Such convey~nce shall
take effect at the time the City issues its final letter of
acceptance. As further evidence of said transfer of title, upon
completion of the installation, but prior to the issuance of the
final letter of acceptance and the rendering of service by the
City, Developer shall:
(a) Convey to the City, by bill of sale in form satis-
factory to the City, the water distribution and sewage col-
lection systems as constructed by Developer and approved by
the City, as appropriate for City ownership.
(b) Provide the City with copies of Releases of Lien
for said invoices.
(c) Assign any and all warranties and/or maintenance
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bonds and the rights to enforce same to the City which De-
veloper obtains from any contractor constructing the utility
systems. Developer shall remain secondarily liable on such
warranties. If the City does not obtain such written war-
ranty and/or maintenance bond from its contractor and
deliver same to the City, which warranty and/or maintenance
bond shall be for a minimum period of one year, then in such
event, Developer by the terms of this instrument, agrees to
indemnify and save harmless the City for any loss, damages,
costs, claims, suits, debts, or demands by reason of latent
defects in the systems which could not have been reasonably en
discoverd upon normal engineering inspection, for a period ~
of one year from the date of acceptance by the City of said Z~
utility systems.
(d) Provide the City with all appropriate operation/ n
maintenance and parts manuals. 0
(e) Further cause to be conveyed to the City
easements and/or rights-of-way covering areas in which
water and sewer systems are installed, by recordable
document in form satisfactory to the City.
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Convey title to the
form satisfactory to the
lift stations constructed
recordable ingress/egress
City, by recordable document In
City, an acceptable site for any
on Developer's Property along with
easement documents.
The City agrees that the issuance of the final letter
of acceptance for the water distribution and sewage collec-
tion systems installed by Developer shall constitute the
assumption of responsibility by the City for the continuous
operation and maintenance of such systems from that date
forward.
11. Easements Developer hereby grants and gives to the
City, its successors and assigns, but subject to the terms of
this Agreement, the exclusive right or privilege to construct,
own, maintain or operate the water and sewer facilities to serve
the Property; and the exclusive right or privilege to construct,
own, maintain and operate said facilities in, under, upon, over
and across the present and future streets, roads, alleys and
easements, reserved utility strips and utility sites, and any
public place as provided and dedicated to public use in record
plats, or as provided for in agreements, dedications or grants
made otherwise and is independent of said record plats.
Mortgagees, if any, holding prior liens on the Property shall be
required to either release such liens, subordinate their position
or join in the grant or dedication of the easements or rights-of-
way, or give to the City assurance by way of a "non-disturbance
agreement", that in the event of foreclosure, mortgagee would
continue to recognize the easement rights of the City, as long as
the City complies with the terms of this agreement. All water
distribution and sewage collection facilities, save and except
consumer installations, shall be covered by easements or rights-
of-way if not located within platted or dedicated roads or
rights-of-way for utility purposes.
Developer hereby further agrees that the foregoing
grants include the necessary right of ingress and egress to any
part of the Developer's property upon which the City is
constructing or operating utility facilities. The foregoing
grants shall be for such period of time as the City or its
successors or assigns require such rights, privileges or
easements in the construction, ownership, maintenance, operation
or expansion of the water and sewer facilities. The parties
agree that in the event Developer and the City agree to install
any of the water or sewer facilities in lands within the Property
lying outside the streets and easement areas described above,
then Developer or the owner shall grant to the City, the
necessary easement or easements for such "private property"
installation; provided, all such "private property" installations
by the city shall be made in such a manner as not to interfere
with the then primary use of such "private property". The use of
easements granted by Developer to the City shall not preclude the
use by other utilities of these easements, such as for cable
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television, telephone, electric, or gas utilities, or as
otherwise agreed to by the City, provided each does not interfere
with the City's use thereof.
The City hereby agrees that all easement grants will be
utilized in accordance with the established and generally
accepted practices of the water and sewer industry with respect
to the installation of all its facilities in any of the easement
areas.
12. Aqreement to Serve - Upon the completion ~f construc-
tion of the water and sewer facilities by Developer, its inspec-
tion, the issuance of the final letter of acceptance by the City,
and the other terms of this Agreement and the City's Main Exten-
sion Policy, the City covenants and agrees that it will allow the
connection of water distribution and sewage collection facilities
installed by Developer to the central facilities of the City and
provide utility service in accordance with the terms and intent
of this Agreement. Such connections shall at all times be in
accordance with rules, regulations and orders of the aJ:Jplicable
governmental authorities. The City agrees that once it provides
water and sewer service to the Property and Developer or others
have connected consumer installations to its system and paid
applicable charges, that thereafter the City will continuously
provide, in accordance with the other provisions of this
agreement, including rules and regulations and rate schedules,
water and sewer service to the Property in a manner to conform
with all requirements of the applicable governmental authority
having jurisdiction over the operations of the City.
13. Application for Service: Consumer Installations - Dev-
eloper, or any owner of any parcel of the Property, or any
occupant of any residence, building or unit located thereon shall
not have the right to and shall not connect any consumer
installation to the facilities of the City until formal written
application has been made to the City by the prospective user of
service, or either of them, in accordance wit,h the then effective
ordinances, resolutions, rules and regulations of the City of
Winter Springs, and approval for such connection has been
granted.
Although the responsibility for connecting the consumer
installation to the meter and/or lines of the City at the point
of delivery is that of the Developer or entity other th~n the
City, with reference to such connections, the parties: agree as
follows:
Ca) Application for the installation of water meters
and backflow preventors, if applicable, shall be made
twenty-four (24) hours in advance, not including Saturdays,
Sundays and holidays.
(b) All consumer installation connections shall be
inspected by the City and applicable charges paid before
inspection, backfilling and covering of any pipes.
(c) Written notice to the City requesting ~n inspec-
tion of a consumer installation connection shall be given by
the Developer or his contractor, and the inspection will be
made within twenty-four (24) hours, not including Saturdays,
Sundays, and holidays, provided the water meter and back-
flow preventor, if applicable, have been previously
installed.
(d) If the City fails to inspect the consumer instal-
lation connection within forty-eight (4B) hours after
such inspection is requested in writing by Developer or the
owner of any parcel, Developer or owner may backfill or
cover the pipes without the City's approval and the City
must accept the connection as to any matter which could have
been discovered by such inspection.
(e) The cost of constructing, operating, repairing or
maintaining consumer installations shall be that of
Developer or a party other than the City.
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(f) If a kitchen, cafeteria, restaurant or other food
preparation or dining facility is constructed within the
Property, the City shall have the right to require that a
grease trap and/or pretreatment unit be constructed, in-
stalled and connected so that all waste waters from any
grease producing equipment within such facility, including
floor drains in food preparation areas, shall first enter
the grease trap for pretreatment before the wastewater is
delivered to the lines of the City. The size, materials and
construction of said grease trap are to be approved by the
City. Developer hereby grants to Utility the right to
periodically inspect the pretreatment facilities herein
described and assess charges if necessary. The provisions
of this paragraph shall not apply to individual residential
kitchens.
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No substance other than domestic wastewater will be:t:
placed into the sewage system and delivered to the lines of theZ
City. Should any non-domestic wastes, grease or oils, includinq, f2
but not limited to, floor wax or paint, be delivered to the rrt
lines, the Customer will be responsible for payment of the cost g
and expense required in correcting or repairing any resulting
damage or impairment to the treatment process and/or facilities ~
and any other prescribed penalty.
14. City's Exclusive Riqht to Utility Facilities - Devel-
oper agrees with the City that all water and sewer facilit1es
accepted by the City in connection with providing water and sewer
services to the Property shall at all times remain in the sole,
complete and exclusive ownership of the City, its successors and
assigns, and any person or entity owning any part of the Property
or any residence, building, or unit constructed or located
thereon, shall not have any right, title, claim or ,interest 1n
and to such facilities or any part of them, for any purpose,
including the furnishing of water or sewer services to other
persons or entities located within or beyond the limits of the
Property. Developer may provide for the availability of those
water services to the Property which constitute "n,on-domestic"
uses such as for irrigation purposes.
15. Exclusive Riqht to Provide Service - As a further and
essential consideration of this Agreement, Developer, or the
s u c c e s s 0 r s an d ass i g n s 0 f De vel 0 per, s hall not ( the wo r d s "s h 0. 1 1
not" be i n g use din a man d at 0 r y d e fin i t ion) en gag e in bus i n e s so\"
businesses of providing potable water or sewer services to the
Property during the period of time the City, its successors and
assigns, provide water and sewer services to the Property, it
being the intention of the parties hereto that under the
foregoing provision and also other provisions of this Agreement,
the City shall have the sole and exclusive right and privilege to
provide water and sewer services to the Property and to the
occupants of each residence, building or unit constructed
thereon, except for the providing by Developer, from its own
sources and lines for irrigation uses.
16. Rates - The City agrees that the rates to be charged to
Developer and individual consumers of water and se~er services
shall be those set forth by ordinance of the City.
Notwithstanding any provision in this Agre~ment, the
City may establish, amend or revise, from time to time, in the
future, and enforce rules and regulations covering water and
sewer services to the Property, including the costs thereof.
Any such initial or future lower or increased rate
schedules, and rules and regulations established, amended or
revised and enforced by the City from time to time in the'
future,as provided by law, shall be binding upon Developer; upon
any person or other entity holding by, through or under
Developer; and upon any user or consumer of the water and sewer
service provided to the Property by the City.
17. Bindinq Effect of Aqreement - This Agreement shall be
binding upon and shall inure to the benefit of Developer, the
City and its respective assigns and successors by merger, con- .
solidation, conveyance or otherwise, subject to the terms of thlS
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agreement as contained herein.
In the event of a sale of all, or substantially all, of
the assets of the City to a governmental agency Or authority or
third party, such governmental agency, authority, or third pal~ty
shall assume all of the City's responsibilities and duties to
Developer hereunder and the liability of the City shall cease.
Any such purchaser must, however, ackno01edge its obligation to
honor this Agreement. .
MISCELLANEOUS PROVISIONS
18. Notice - Until further written notice by either party
to the other, all notices provided fOr herein shall be in writing
and transmitted by messenger, by mail Or by telegram, and if to
Developer, shall be mailed or delivered to:
DEVELOPER:
With a COPY to:
and if the City, at:
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1126 East S.R. 434, Winter Springs, FL 32708~
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the laws
effective
subject to
authority,
Laws of Florida - This Agreement shall be governed by
of the State of Florida and it shall be and become
immediately upon execution by both parties hereto,
any approvals which must be obtained from governmental
if applicable.
20. Cost and Attorney's Fees - In the event the City or
Developer is required to enforce this Agreement by Court
proceedings or otherwise, by instituting suit or otherwise, then
the prevailing party shall be entitled to recover from the other
party all costs incurred, including reasonable attorney's fees.
21. Force Majeure - In the event that the performance of
this Agreement by either party to this Agreement is prevented or
interrupted in consequence of any cause beyond the contr61 of
either party, including but not limited to Act of God or of tho
Public enemy, war, national emergency, allocation or of other
governmental restrictions upon the Use or availability of labor
Or materials, rationing, civil insurrection, riot, racial or
civil rights disorder or demonstration, strike, embargo, flood,
tidal wave, fire, explosion, bomb detonation, nuclear fallout,
windstorm, hurricane, earthquake, or other casualty or disastel~
or catastrophe, unforeseeable failure or breakdown of pumping
transmission or other facilities, any and all governmental rules
or acts or orders or restrictions Or regulations Or requirements,
acts or action of any government or public or governmental
authority or commission or board or agency or agent or official
or officer, the enactment of any statute Or ordinance or
resolution or regulation or rule Or ruling or order, order or
decree or judgement or restraining order Or injunction of any
court, said party shall not be liable fOr such non-performance.
22. In the event the City's performance is prevented by the>
happening of an event of "force majeure" as referenced in Section
21 above, the City shall refund to Developer the amount of monies
previously paid by Developer to the City. Such refund shall be
without interest or penalty.
23. The rights, privileges, obligations and covenants of
De vel 0 per and the C i t y s h a 1 I sur v i vet h e com pIe t ion 0 f the w 0 r f(
of Developer with respect to completing the facilities and
services to any development phase and to the Property as a whole.
24. This Agreement supersedes all previous agreements or
representations, either verbal or written, heretofore in effect
between Developer and the City, made with respect to the matters
herein contained, and when duly executed, fully constitutes the
agreement between Developer and the City. No additions,
alterations Or variations of the terms of this Agreement shall be
valid, nor can provisions of this Agreement be waived by either
party, unless such additions, alterations, variations or waivers
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are expressed in writing and duly signed.
25. The City's liability to Developer for non-performance
herein shall be limited to the provisions of Section 21 hereof.
26. Whenever the singular number is used in this Agreement
and when required by the context, the same shall include the
plural, and the masculine, feminine and neuter genders shall each
include the other.
27. Exhibits mentioned herein have been signed or initiated
by the duly authorized officers, agents or attorneys of the
parties hereto and are hereby incorporated herein by reference
and made a part hereof as fully as if set forth herein.
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28. Whenever approvals of any nature are required by eithe~ .~
party to this Agreement, it is agreed that same shall not bE' un-:ft: \.0
reasonably withheld or delayed. Z
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29. Notwithstanding the gallonage calculations that coul~
be made hereunder relative to ERC's, by and execution hereof, n
Developer agrees that the intention of this contract is t&J
reserve a give number of units of capacity for the propert~ CO
described in Exhibit "A" and not for purposes of any othe;.r -J
calculations.
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30. It is agreed by and between the parties hereto that all
words, terms and conditions contained herein are to be read 1n
concert, each with the other, and that a provision contained
under one heading may be considered to be equally applicable
under another in the interpretation of this contract.
31. By the execution hereof, Developer agrees that the City
has certain obligations as a public utility to protect the
health, safety and welfare of the public and not to. burden the
City's customers with extraordinary expenses attributed or
attributable to Developer, his successors or assigns, and that
the City, may, at its sole option, require pretreatment or
special features such as grease traps. It is the intention of
the parties that all sewage shall conform to the requirements of
Paragraph 6 hereto and any applicable ordinance of the City prior
to introduction into the City's collection system. Developer
shall be responsible for all costs associated herewith.
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32.
the right
f ac i 1 it i e s.
and assigns
Utility shall, at all reasonable times and hours, have
of inspection of Developer's internal lines and
This provision shall be binding on the successors
of the Developer.
33. Water conservation measures shall be employed by the
Developer. Said measures shall include but not be limited to:
(a) Low flush toilets which utilize 3.5 gallons or
less of water per flushing cycle.
(b) Shower heads which have flow restrictors,
pulsating features, flow control devices or other features
which result in water conservation; and do not allow a flow
exceeding 3.0 gallons per minute at 60 psi.
(c) No swimming pool filter backwash water, or any
other swimming pool wastewater shall be discharged to the
sanitary sewer system.
(d) Spring-loaded/automatic shut-off
shall be utilized in all public restrooms.
include lavatory fixtures.
water fi)(tul~es
Th i s s h a I I
(e) Use of dishwashers and washing machines which have
water conservation features and/or utilize less water per
cycle.
(f) Where and as possible, residential laundry wastes
shall be disposed of by means of an interceptor tank and ab-
sorption bed or drainfield. Such installations shall be in
accordance with the design standards of Chapter 10-D6,
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Florida Administrative Code.
The City, at its discretion, shall review and
conservation measures proposed by Developer.
approve all water
34. The parties hereto recognize that prior to the time the
City may actually commence upon a program to carry out the terms
and conditions of this Agreement, the City may be required to
obtain approval from various state and local governmental au-
thorities having jurisdiction and regulatory power over the con-
struction, maintenance, and operation of a public utility. Ti,e
C i t 'I a 9 r e est hat it \.<1 i I I d i I i g en t I y and ear n est I y, at: De vel G IJ e t-' s
sole cost and expense, make the necessary and proper applicBtiolls
to all governmental a.uthorities and will pursue the sa.me to tin'
end that it wi 11 use its best efforts to obtain 'such appYClVi3:.
Developer, at its own cost and expense, agrees to provide nec!O's'
sary assistance to the City in obtaining the approvals pro';id>~
for her e in. Up 0 n e >< e cut ion 0 f t his A g r e e men t , the C i t Y m ,) ~~
require the payment of a reasonable fee to defray the City' ~'~
legal, engineering, accounting, administrative and contingen~
expenses. rr1
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35. Submi ssion of the Developer Agreement to the Deve? I op'r"
by the City shall not constitute or be construed to constitute .'iP
offer of service to De vel 0 per by the City. The De vel 0 per A ~11' e e .
ment shall become effective and binding upon the DevelopC'l' 01'd
the City only at time of execution of same by the parties.
3(,. Failure to insist upon strict compliance of any or the
terms, covenants, or conditions hereof shall not be deemed J
waiver of such terms, covenants, or conditions, or shall ClllY
waiver or relinquishment of any right or power hereunder at any
one time, or times, be deemed a waiver or relinquishment of such
right or power at any other time or times.
37. Rega.rdless of where executed, this Agreement shal l10
construed according to the laws of the State of Florida.
38. In the event that relocation of existing watel~ ard
sewer utilities are necessary for the Developer, Developer will
reimburse the City in full for such relocations.
3g. Any Supplemental Agreement attached hereto IS
incorporated herein by reference and made a part hereof~
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PRINTED NAME
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COMPANY NAME (Printed or Typed)
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ADDRESS
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IN WITNESS WHEREOF, Developer and the City have executed or have
caused this Agreement, with the named Exhibits attached, t be duly executed
in several counterparts, each of which count art shall considered an
original executed copy of this Agreement.
ATTEST:
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SIGNA': URE
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MARY T. NORTON
TYPED NAME
CITY CLERK
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~ATE kDAD 434"''1 ';::
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1126 EAST
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WINTER
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER SPRINGS, FL 32708
"DEVELOPER":
BY:
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THIS INSTRUMENT WAS PREPARED BY:
KIPTON D. LOCKCUFF, P.E.
UTILITY DIRECTOR
WINTER SPRINGS WATER & SEWER
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DATED q - / 1-1~: u.~;;~\Pi:;;.,
1 NORTH FAIRFAX AVE.
WINTER SPRINGS, FLORIDA 32708
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(407) 327-1641
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EXHIBIT "A"
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Name of Developer /
PROPERTY DESCRIPTION
LEGAL
DESCRIPTION
FurnIshed l3u Owner
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FR01'-l THE NORTHEAST CORNER OF WINTER SPRINGS UNIT 3, AS RECORDED IN ("")
PLAT BOOT 17, AT PAGES 89 AND 90 OF THE PUBLIC RECORDS OF SEMINOLE C)
COUNTY, FLORIDA, RUN NORTH 87051' 00" EAST A'LONG THE NORTHERLY RIGHT "'Tl
OF WAY LINE OF NORTHERN WAY, A DISTANCE OF 487.69 FEET TO THE POINT r-
OF BEGINNING; THENCE RUN NORTH 31045'52" HEST FOR 212.94 FEET TO
THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 560.00 FEET; THENCE RUN NORTHERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52021' 43", FOR 511. 7 8 FEET
TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH 20035'51"
EAST FOR 456.85 FEET; THENCE SOUTH 69024'09" EAST FOR 80.00 FEET;
THENCE SOUTH 31023'45" EAST FOR 652.31 FEET; THENCE NORTH 68002'37"
EAST FOR 452.35 FEET; THENCE RUN SOUTH 21057'23" EAST FOR 322.25
FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 450.00 FEET; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 23043'07", FOR 186.29 FEET; THENCE RUN SOUTH 44019'30" WEST FOR
160.00 FEET; THENCE RUN SOUTH 04046'00" HEST, FOR 138.35 FEET TO
A POINT OF THE NORTHERLY RIGHT OF WAY LINE OF NORTHERN WAY; THENCE
RUN NORTH 85014'00" WEST, ALONG SAID RIGHT OF WAY LINE, FOR 256.41
FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 3,349.47 FEET; THENCE RUN HESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06055'00",
FOR 404.34 YEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE
CONTINUING/'ILONG SAID RIGHT OF TtlAY LINE, RUN SOUTH 87051' 00" WEST
FOR 275.60 FEET TO THE POINT OF BEGINNING.
CONTAINING 18.502 ACRES MORE OR LESS.
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EXHIBIT "B"
p;j/~r ~rk /fo&0'M? ~ I
Name of Developer
PLANT AND MAIN CAPACITY CHARGES
Developer agrees to pay the City of Winter Springs the
following plant and main capacities for Developer's proposed
connections within the property described in Exhibit "An. Said
plant and main capacity charges to be paid by Developer are those
which are set forth in Ordinance No. 449 of the City of Winter
Springs, Florida and accordingly these charges may be changed
from time to time with the approval of the City Commission.
PAYMENT SCHEDULE
WATER
15,&00
Charqe Per Gallon Total Charqes
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$1. 12 $29, 120.00 '.,-
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Charqe Per Gallon Total Charqes M "1
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$&.30 $98,280.00 c:o -00
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Number of Gallons
2&,000
SEWER
Number of Gallons
RESERVATION FEES
Charqe Per ERC
Total Charqes
Number of ERC's
52
$25&.00
$13,312.00
TOTAL
$140.712.00*
Date
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* $450.00 of the $2,450.00 per ERC capacity charge and all of
the reservation fee are due upon execution. The $2,000 per ERC
balance shall be payable prior to building permit application on
an individual lot basis. The amount due upon execution is
$36,712.00
14