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HomeMy WebLinkAboutChelsea Park at Tuscawilla LTD Development Agreement -1993 04 20 (;;f I ~ ~ I~ ~ ~ e eBbbkCtAl REC~fR~ 2578 0309 SEMINOLE CO. FL. DEVELOPER AGREEMENT THIS AGREEMENT made and entered into this ,~O day of _ j::~1~ ;~;99 ~=~ e~~=d be::e e: ~/~~~e~: l~;;~::, ~:~~~--<'-~i:~y' ~~;; ~I~~~R SPRINGS, FLORIDA, a municipal corporation, hereinafter referred 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, o~ combination of these; and ~ f'"...) Developer has officially requested that the Cit~ water distribution and sewage collection service property herein described in Exhibit "A"; and WHEREAS, provide central for Developer's 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 andi! disposal service from the City; and 20 ::10 WHEREAS, Developer's project and the receipt of water and~ sewer service is contingent upon the construction and utilizationC) of existing and contemplated water and sewage service facilities~ and the availability of capacity of those facilities; 3: ~ NOW THEREFORE, for and in consideration of the premises, ~ the mutual undertakings and agreements herein continued and ~ assumed, the Developer and the City hereby covenant and agree as follows: 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. (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 property. (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 1 , CJ);-' f'T1C.' ~ :x?) - -;;r. ~ zc' 0,..: r- . f'Tl c: , ("') ',. . 0(-;' CC X--'" -t-1 :- :<("".1<:, "Tlop~ .-c . A' ::u M ('") o :'XI o 1"'"1 Cl i<"" ~::- f'~"l -~ -~l ;,,: ... . e e applicable. The City reserves discretion to amend this definition regulatory agency may mandate. the right as usage and total or relevant .'J "Notice to Proceed" A document executed uby(J1 expressing a formal order pursuant to ~e~ agreement, for specific water and/or se~rCO o r 1'1 (f) "Point of Delivery" - The point where the pipes~rc::> meter of the City are connected with the pipes of the~ consumer. Unless otherwise indicated, point of delivery~ __ shall be at the consumer's lot line. . C) (e) Developer Developer service. roo 0"'" c:> ...., ;;11:;(=) J> r :;0 ", ("') -00 :::>;0 G')O rlU') (g) "Property-" - The area or parcel of land described in Exhibit "A". (h) "Service" - The readiness and ability on the part of the City to furnish and maintain water and sewer service to the point of delivery for each lot or tract (pursuant to applicable rules and regulations of applicable regulatory agencies). 3. Assurance of Title - Within a period of forty-five (45) days after the execution of this contract, or prior to Developer issuing the Notice to Proceed to Utility, at the expense of Developer, Developer agrees to deliver to Utility a Certificate of Title, a Title Insurance Policy or an opinion of title from a qualified attorney-at-law, with respect to the Property. The provisions of this paragraph are for 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 distribution and sewage collection systems, where applicable, and further to induce the City to provide water and sewage service, Developer hereby agrees to pay to the City the following connection charges: (a) Contributions in Aid of Construction: (1) Plant and main capacity charges as set forth in Ordinance No. 4413 and described in Exhibit "B". (b) Payment of the connection charges does not and will not result in the City waiving any of its rates or rules and regulations, and their enforcement shall not be affected in any manner whatsoever, by Developer 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 shall the city pay any interest or rate of interest upon the connection charges paid. Neither Developer nor any person or other entity holding any of the Property by, through or under 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 connection charges and otherwise, ar applicable to all persons or entities. Any user or consumer of water or sewer service 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 in full all treatment plant and main capacity charges for all capacity reserved hereunder at the time of execution hereof. The Developer shall 2 '. e e 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, Florid~ dated August 26, 1985. The parties agree that the capacit% needed to provide service to the Property is /0,000 gallo~ per day for potabl e wat er suppl y and b. 0 DO ' gallons peIF1 day for wastewater removal. Developer agrees that the number o~ units of capacity reserved hereby shall not exceed the number o~ units of development for which capacity is reserved hereb~ 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 utilize such sewer and water capacity. 8. 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 provided 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 distribution 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 plans 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 appropriate regulatory agencies to Developer, Developer shall submit to the City one copy of the water and/or sewer construction permit and approved plans. Developer shall also supply to the City a copy of the final estimate of payment covering all contract items and Release of Lien from Contractor(s). (b) After the approval of plans and specifications by the City and appropriate regulatory agencies, Developer, or the engineer of record, shall set up a preconstruction conference with engineer of record, the City's Utility 3 ;'.> (....'1 -.J CO (DO o ""r1 t:;) .." ;;Il':;n )> r ::0 f'Tl ('") -00 ;p.::xJ ClCJ ('1 (./) C> W - e . Director, appropriate building utility companies involved in Propert y, and other employees appropriate. official(s), all other the development of the of the City, as may be Developer shall provide to the City's Utility Directo& forty-eight (48) hours written notice prior to commencemen~ of construction and forty-eight (48) hours written noti~ prior to any inspections or tests being performed <<i described herein. "Notice" shall be complete when the Cit~ actually receives same. 0 o . ('0 U1 -J CO During the construction of the water distribution and ~ sewage collection systems by Developer, the City shall hav~ 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 specifications. 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. <::) W roo C) -'f1 C:.l"T\ An - 'P r :::0 ,." ("") ......,0 -;,. ;0 G'iO P1Ul N (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 sketch showing locations of all sample points shall be included. The engineer of record shall also submit to the City ammonia mylars 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, connections, 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 costs 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, 4 e e 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 the engineer of record, shall set up a preconstruct ion con- w ference with engineer of record, the City's Utility Directo~ or his duly appointed representative, appropriate building ~ official(s), all other utility companies involved in the CJ (- development of the Property, and other employees of ther~ City, as may be appropriate. n o "'" r 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 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 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. (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's engineer shall deliver one (1) set of ammonia mylars of "As-built" engineering plans, prepared 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, i.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 (30) days of receipt from the Developer. 10. 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 conveyance 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 sat is- 5 r-v ':.1\ -J 0:> mo 0"'" r;;) "'" ~o - ::::> r :;:0 fTl n '"'00 ;:;-:;0 G').O 1'" (,f) C> W - V) e e 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) for said Provide the City with copies of Releases of Lien invoices. (j'J rn ;;. -~~ /fIiI(.:- o r f"l1 n o ;,.) Ul --1 0-> (c) Assign any and all warranties and/or maintenance 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 discovered upon normal engineering inspection, for a period of one year from the date of acceptance by the City of said utility systems. C> W (po 0"'" C:.> ..." ~o ~ r ::::0 (11 ("') -uo J'" :::0 ';10 rTl tj) - .s:- (d) Provide the City with all appropriate operation/ maintenance and parts manuals. (e) Further cause to be conveyed to the City all 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. Convey title to the City, by recordable document in form satisfactory to the City, an acceptable site for any lift stations constructed on Developer's Property along with recordable ingress/egress 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 6 e e 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, they"." necessary easement or easement s for such "pri vat e propertr "c.n installation; provided, all such "private property" installatiJnls-J by the city shall be made in such a manner as not to interf~eCO with the then primary use of such "private property". The use3f easements granted by Developer to the City shall not preclude ~e use by other utilities of these easements, such as for ca~e television, telephone, electric, or gas utilities, or ~s ~ otherwise agreed to by the City, provided each does not interfe~ GJ with the City's use thereof. r ~ wo 0-" ':>"'f1 :'~n - ):.. r- ::0 rn ('") ~o ;;"'';:lJ DO rtl(J) The City hereby agrees that all easement grants will be utilized ln 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 of 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 applicable 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 with 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 than the City, with reference to such connections, the parties agree as follows: (a) 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 inspected by the City inspection, backfilling installation connections shall be and applicable charges paid before and covering of any pipes. (c) Written notice to the City requesting an 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 7 e e installed. (e) The cost of constructing, operating, maintaining consumer installations shall Developer or a party other than the City. (d) If the City fails to inspect the consumer instal- lation connection within forty-eight (48) hours after such inspection is requested in writing by Developer or the ""'0 owner of any parcel, Developer or owner may backfillor~'J1 cover the pipes without the City's approval and the C~y~ must accept the connection as to any matter which could h~eOO been discovered by such inspection. X ,":) r- repairing cfP be that gf c::> W -r'\ r . (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 kit ch ens. roO 0""1 ,<~:>'"'1'1 ~n - J> , ;0 rn ("") .".0 ::,? ;.n .G'>O f""HA - (j"l No substance other than domestic wastewater will be placed into the sewage system and delivered to the lines of the City. Should any non-domestic wastes, grease or oils, including, but not limited to, floor wax or paint, be delivered to the lines, the Customer will be responsible for payment of the cost 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 facilities 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 in 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 "non-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 successors and assigns of Developer, shall not (the words "shall not" being used in a mandatory definition) engage in business or 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. 15. Rates - The City agrees that the rates to be charged to Developer and individual consumers of water and sewer services shall be those set forth by ordinance of the City. 8 e e Notwithstanding any provision in this Agreement, 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. (f) Any such initial or future lower or increased rate Sl schedules, and rules and regulations established, amended or~ revised and enforced by the City from time to time in theO future,as provided by law, shall be binding upon Developer; upon ~ any person or other entity holding by, through or under n Developer; and upon any user or consumer of the water and sewer? service provided to the Property by the City. ~ . :'0 i:,.n ......J CO coO 0""11 0"'" :"-';;:0 - o w )> r- ::0 f'T'\ ('"') -00 ~-;:O C')O rf1(J) - -J 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 this 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 party 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, acknowledge 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: Chelsea Parc at Tuscawilla LTD. 2611 Technology Dr. Suite 207, Orlando, FL 32804 With a COPY to: and if the City, at: 1126 East S.R. 434, Winter Springs, FL 32708 19. the laws effective subject to authori t y, 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 control of either party, including but not limited to Act of God or of the 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 disaster 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. 9 . e 22. In the event the City's performance is prevented by the happening of an event of "force majeure" as referenced in Secti~ 21 above, the City shall refund to Developer the amount of moni~J1 previously paid by Developer to the City. Such refund sha~ ~ without interest or penalty. ~ 00 ;;r. o 23. The rights, privileges, obligations and covenant~of Developer and the City shall survive the completion of the ~rk of Developer with respect to completing the facilities ~n6J services to any development phase and to the Property as a wh~e~ r- - . Q:) 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 are expressed in writing and duly signed. roo 0"'" t.:>...., ;'f.;;(=) - )> r- ;.0 J"I'1 C') -00 ;?;;O c;")O f~i (J) 25. The City's liability to Developer for non-performance herein shall be limited to the provisions of Section 21 hereof. 2&. 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. 28. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be un- reasonably withheld or delayed. 2g. Notwithstanding the gallonage be made hereunder relative to ERC's, by Developer agrees that the intention reserve a give number of units of described in Exhibit "A" and not calculations. calculations that could and execution hereof, of this contract is to capacity for the property for purposes of any other 30. It is agreed by and between the parties hereto that all words, terms and conditions contained herein are to be read in 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 execut i on hereof, Deve I oper agrees that the Ci t Y 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 b 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. 32. Utility shall, at all reasonable times and hours, have the right of inspection of Developer's internal lines and facilities. This provision shall be binding on the successors and assigns 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 10 e e 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 flo~ exceeding 3.0 gallons per minute at 60 psi. ~ :;t; o backwash water, or an!: jf\ be discharged to the n o . 'v (n --1 CO (d) Spring-loaded/automatic shut-off shall be utilized in all public restrooms. include lavatory fixtures. .." water fixtures: This shall o w coO 0"" c:.:> -n ;X:n - )"> r ;:0 f'1 n ",,0 ;:>0::::0 C'>O ('"flU) (c) No swimming pool filter other swimming pool wastewater shall sanitary sewer system. - UJ (e) Use of dishwashers and washing machines which have water conservation features and/or utilize less water per cyc Ie. (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, Florida Administrative Code. The City, at its discretion, shall review and approve all water conservation measures proposed by Developer. 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. The City agrees that it will diligently and earnestly, at Developer's sole cost and expense, make the necessary and proper applications to all governmental authorities and will pursue the same to the end that it will use its best efforts to obtain such approval. Developer, at its own cost and expense, agrees to provide neces- sary assistance to the City in obtaining the approvals provided for herein. Upon execution of this Agreement, the City may require the payment of a reasonable fee to defray the City's legal, engineering, accounting, administrative and contingent expenses. 35. Submission of the Developer Agreement to the Developer by the City shall not constitute or be construed to constitute an offer of service to Developer by the City. The Developer Agree- ment shall become effective and binding upon the Developer and the City only at time of execution of same by the parties. 36. Failure to insist upon strict compliance of any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such terms, covenants, or conditions, or shall any 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. Regardless of where executed, this Agreement shall be construed according to the laws of the State of Florida. 38. In the event that sewer utilities are necessary reimburse the City in full for relocation of existing water and for the Developer, Developer will such relocations. 39. Any Supplemental Agreement attached hereto is incorporated herein by reference and made a part hereof. 1 1 e e IN WITNESS WHEREOF, Developer and the City have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counter- part shall be considered an original executed copy of this Agree(n ment. M ~ % o I f'T\ ("> ? ." r- . ATTEST: SI=R~ ~.) n?,IJ/ltf 'T 4J (fJ L 7'J,J TYPED NAME J:yt UIJ k:;'-!Oh Lo~)( ~ if THIS INSTRUMENT WAS PREPARED BY: KIPTON D. LOCKCUFF, P.E. UTILITY DIRECTOR WINTER SPRINGS WATER & SEWER 1 N. FAIRFAX AVENUE WINTER SPRINGS, FL 32708 (407) 327-1b41 CITY By: CIT '- - '., lO. . or 112b EASt STATE ROA~ 43i . - ....... '-J :~ - ~ - , WINTER SPRI~SS, FL 32~8 . I) ............ ~\'" /?~ . .~ S\ DATED: ........f4.t./ -<(), /99\'3 CITY SEAL By: ["...) U1 .....J CO roc> o~ O-T'l ~n - )> I :::0 f'11 ("") -00 :P ;;;0 GJO ('1'1 (J) o u:> N c:> SIGNATURE - I cO &}L>//V PRINTED NAME eIfeL,!; 64 ~ A-I k rC-A't..hU-4? Lr./J COMPANY NAME (Printed or Typed ADDRESS ,U7// "7 c::?It:lVL' /.-~o? (.1 , ,.t.? /2.- . r- ._ ,:: -=:::::. (.;. /~ ,~;J I) C)f/A.//)..vD{~1 F L3d.-;?o7' DATED: d l.;tb /73 CORPORATE SEAL 12 e EXHIBIT "A" . Chelsea Pare at Tuseawilla LTD Name of Developer PROPEfHV DESCRIPTION Chelsea Pare at Tuseawilla - Phase II Da t e ____~~ O!~~_____..__.__ 13 (,/'I rn :; % o r M n o o -nUl r- N ;"0 ,..n -.J CO coo 0"" 0""'1 :'~c:; - J,:;. r ;0 f"'I1 n -00 ::-'-';0 1::')0 \"l'lU> . t . . EXHIBIT "B" Chelsea Parc at Tuscawilla LTD Name of Developer PLA_~I-B!'ID ~81~L~APAC I TY,CHARGES Developer agrees to pay the City of Winter Sprlngs the following plant and main capacities for Developer's proposed connections within the property described in Exhiblt "A". Sa.id 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 wlth the approval of the City Commission. PAYMENT SCHEDUL~ WATER ;',...) (/),:J1 rn -..I ::t zCO o r- m (") o Number of Gallons CharQe Per Gallon rotal CharQes 10,000 $11,200.00 $1. 12 SEWER o .."W rrv N Number of Gallons CharQe Per Gallon Total CharQes 6.000 $37,800.00 $6.30 RESERVATION FEES Number of ERC's CharQe Per ERC Total CharQ,~~ 20 $256.00 $5,120.00 TOTAL $54,120.00 Date 2/20/93 * $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 $14,120.00. ** ERC's remaining from Phase I are being allocated to Phase II. The 20 ERC's are what is necessary to complete the Phase II capacity requirements. 14 coo 0'" ;~:::3 -,..". C'") > ;- :::::J f"I'1 (""') '00 );'.""::0 C")O P'lO')