HomeMy WebLinkAboutGulfstream Housing Corporation -1990 04 23
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DEVELOPER'S AGREEMENT
THIS AGREEMENT made and entered into this ;;'JPP day of Apr il
1990, by and between GULFSTREAM HOUSING CORP., a Delaware
corporation, d/b/a Bel-Aire Homes, hereinafter referred to as
"Developer", and Seminole Utility Company, a Florida corporation,
hereinafter referred to as "Service Company".
WIT N E SSE T H:
WHEREAS, Developer owns or controls lands located in Seminole
County, Florida, and described in Exhibit "A" annexed hereto,
which lands together wi th any and all improvements presently
existing or hereafter constructed thereon shall be referred to
herein as the "Property", and Developer is about to develop the
Property by subdividing and/or constructing thereon certain
living and/or commercial units all in accordance with Developer's
plan of development annexed hereto as Exhibit "B"; and,
WHEREAS, Developer desires to arrange for water distribution
and sanitary sewage disposal services to be-provided to the
Property; and,
WHEREAS, Service Company holds a Certificate issued by the
Flor ida Public Service Commission entitling it to provide such
water and sewage service to the Property (the "Franchise"); and
WHEREAS, Developer desires that Service Company provide the
said water distribution and sanitary sewage disposal services to
the Property and to each occupant of each residence, building or
unit constructed on the Property and Service Company is agreeable
to supplying such services under certain terms and conditions and
pursuant to its franchise; and
WHEREAS, the parties hereto wish to define their respective
rights and obligations relative to the foregoing;
NOW, THEREFORE,
($10.00) and other
sufficiency of which
presents, the parties
in consideration of the sum of Ten Dollars
valuable considerations, the receipt and
are acknowledged by the execution of these
hereto agree as follows:
1. Recitals. The recitals set forth above are true and correct
and are incorporated in their entirety by reference hereto.
2. Definitions. 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:
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A. "As-Built Plans" - drawings of the approved, completed
and ins taIled lines, pumping stations, valves, cont rols, etc.,
giving what the Service Company shall determine to be adequate
information to locate, operate and maintain in the future all
parts of the systems or parts thereof as deemed necessary by the
Service Company and as required hereunder.
B. "Consumer Installation" - all facilities on the consumer
side of the point of delivery.
C. "Contribution in Aid of Construction" the water
distribution and sewage collection facilities paid for and
installed by the Developer which Developer, by this agreement,
covenants and agrees to donate to Service Company.
D. "Certificate" - the certificate issued by the Florida
Public Service Cornrniss ion to Serv ice Company ent i tl ing Se rv ice
Company to render to the public water distribution and sanitary
sewage disposal services wi thin its certified area, which term
shall be taken to include all Rules, Regulations and policies
relating thereto as filed with the Florida Public Service
Commission, all as the same exists and are extended and/or
modified from time to time.
E. "Eauivalent Residential Connection" ("ERC") - the amount
of water plant and system capacity or sewage treatment plant and
system capacity in gallons required to provide adequate water and
sewer service to each metered connection at the point of delivery
of a single-family residence. For purposes of this agreement,
ERC shall be 500 gallons of water per day and 300 gallons of
sewage per day per metered connection.
F. "Lot or Tract" each building site as platted for
record or as shown on the master plan and plat of the Property
attached as Exhibit "B".
G. "Point of Deliverv" - the point where the pipes and/or
meters of Service company" are connected wi th the pipes of the
consumer, unless otherwise indicated on the water and sewer plans
provided by the Developer and approved by the Service Company.
H. "Propertv" - all the land described on Exhibit "A" and
all improvements thereon now existing or hereafter constructed.
I. "Service" - the readiness and abili ty on the part of the
Service Company to furnish water or sewage service to or for the
benef i t of each uni t, lot or bui Iding, as may be the case.
Making the same available at the agreed upon point of delivery by
the Service Company shall constitute the rendering of water
service, and the maintenance of a connection providing for the
removal and disposal of sanitary sewage shall constitute the
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render ing of sewage service. Unless otherwise indicated, water
service includes the water meter and its box.
J. "Stage Area" - refers to a part of the Property which is
or is to be developed as a stage or phase of development.
K. "Unit" - each living unit of a multiple family complex.
3. Grant of Rights to Service Company. Developer hereby grants
and gives to Service Company, its successors and assigns, the
exclusive rights, privileges, and easements as follows:
A. To construct, reconstruct, repair, replace, improve,
al ter , remove, relocate, own, maintain, and oper a te the wa ter
supply and sanitary sewer facilities, in, under, upon, over and
across the present and future public or private streets, roads,
terraces, alleys, easements, and reserved utility strips as shown
on the plat or plats of the property recorded or to be recorded,
or by agreements independent thereof, or in dedications or
otherwise, (all of the foregoing being sometimes hereinafter
referred to as "Easement Area(s)") for the purpose of supplying
water service and sanitary sewage service (and all services
incidental or necessary with respect thereto or to maintenance or
replacement, thereof) to the Property, properties or persons
within or beyond the limits of the Property. The rights granted
shall include all necessary rights of egress and ingress to each
of the lots, easements, etc., that may be shown on such plat or
plats or contained in separate agreements concerning the same.
B. In the event that Service Company is required or desires
to install any water or sewage facili ties in lands wi thin the
Property lying outside the streets and Easement Areas described
above, then Developer or the owner shall grant to Service Company
without cost or expense to Service Company the necessary easement
or easements from such "private property" installation, provided
all such "private property" installations by Service Company
shall be made in such a manner as not to interfere with the then
primary use of such private property.
C. The rights, privileges or easements herein granted are
granted for such period of time as Service Company or its
successors or ass igns requi re such rights, pr i vileges or
easements in the construction, operation, maintenance, ownership
or expansion of such water system and sanitary sewage system.
D. The rights, privileges and easements described in
Paragraphs 3A, B, and C above are granted at no cost or expense
to Service Company other than the undertakings and agreements
stated ~n this aqreement, and Developer shall save and hold
Service Company ha~mless in connection ~ith any expense incurred
by Service Company in defending or protecting such rights.
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E. In the event that in order to serve the Property the
Serv ice Company requi res easements, rights of way, ingress or
egress rights, etc., across or through private property not owned
or controlled by the Developer, the Developer will without cost
to the Service Company obtain said easements, rights-of-way,
etc., in the Service Company's name.
F. Service Company covenants that it will use diligence in
ascertaining all required easement locations and Developer
covenants that it will use diligence in constructing water supply
facili ties (to the meter box) and sewage collection facili ties
(to the end of the "wye") wi thin all easements locations (where
such construction is to be done by Developer); however, should
Service Company or Developer, their successors or assigns, find
any facili ties constructed wi thin the Property outside of an
Easement Area, Developer, the successors and assigns of
Developer, covenant and agree that Service Company will not, at
its cost, be required to move or relocate any facilities lying
outside an Easement Area so long as the facilities do not
interfere with the then or proposed use of the area in which the
facilities have been installed. Should the facilities interfere
wi th the then or proposed use of the area in which they are
installed, and should the improper installation be the fault of
the Service Company, and provided Developer, its successors or
assigns are not in default hereunder, the Service Company agrees
to move and relocate the facilities lying outside an Easement
Area to wi thin the Easement Area wi thin a reasonable time as
determined by the Service Company.
G. In relation to all easements, rights-of-way, etc.,
provided to Service Company pursuant hereto, Developer shall
furnish copies of the recorded easement, right-of-way, etc.,
together wi th an attorney's title opinion that such easement,
right-of-way, etc., is valid and unencumbered.
4. Payments by Develooer.
A. Serv ice Avai labil i tv Charqe. Upon execution of thi s
agreement Developer shall pay to Service Company all sums then
due in accordance with the tariff and rate order then in effect
for Service Company, per each ERC to be reserved for and cornmited
to Developer and the Property under the terms of this agreement,
which charge is intended to defray all or a portion of the
capital cost to the Service Company for making water and sewer
capacity available through its treatment facilities, distribution
system and collection system.
B. Other Charges. Upon connection of each residence or unit
to the utility system, Developer shall be required to pay the
appl i cable charges (as set by Serv ice Company from time to time
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and approved by the Florida Public Service Commission) for plant
connection, capacity, extension, hook-up and water meters and
meter installations of sufficient capacity for all single family
residential, multi-family, mobile home, commercial installations
or any other connection requi ring a measur ing dev ice and all
other appropr iate author ized charges or fees as the same exist
from time to time.
5. Obligations of Service Company. Upon the continued
accomplishment of all the prerequisites contained in this
agreement to be performed by the Developer the Service Company
covenants and agrees that it will allow the connection(s) of the
Developer installed water distr ibution system and sewage
collection system to its central water facili ties. and sewage
facilities, in accordance with the terms and intent of this
agreement, so that the Property will receive water and sewage
serv ice for 100 ERC 's. Service Company agrees that once it
provides water and sewage services to the Property and Developer
or others have connected Consumer Installations to its systems,
that thereafter Service Company will continuously provide such
service in accordance with the provisions of this agreement, and
all reasonable requirements of governmental agencies having
jurisdiction over the water supply and sewage disposal operations
of Service Company, subject to the terms and condi tions of the
Service Company Franchise as same may be amended from time to
time.
The parties hereto agree that the obligation of Service
Company to provide such water and sewage services is based upon
the Property being subdivided and/or improved in substantial
accordance with the master Plan and Plat annexed hereto as
Exhibit liB", the water and sewage systems being installed by the
Developer in accordance with the plans and specifications
approved pursuant to Paragraph 7 below, and the Developer being
in compliance wi th all requirements of this Agreement and the
Franchise.
6. Contribution In Aid of Construction. To induce Service
Company to provide the water treatment facili ties and sani tary
sewage treatment facilities, and to provide consumers located on
the Property wi th water and sewage services, Developer hereby
covenants and agrees to construct and to transfer ownership and
control by a valid Bill of Sale listing the property to be
conveyed to Service Company at the time of Service Company 's
request in accordance with Paragraph 7 below, for the sum of One
Dollar ($1.00), as a Contribution in Aid of Construction, the on-
site water distribution and sewage collection systems referred to
herein.
Payment
Construction,
or transfer
if any, does
of the Contribution in
not and will not result in
Aid of
Service
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Company waiving any of its fees, rates, rate schedules or rules
and regulations for either water service or sanitary sewage
service, and all fees, rates, rate schedules and rules and
regulations and their enforcement shall not be affected in any
manner whatsoever by Developer making such payments. Service
Company shall not be obligated to refund to Developer any portion
of the contributions for any reason whatsoever, and Service
Company shall not pay any interest upon the contributions.
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 contributions or to any of the water or sewage
facili ties and properties of Service Company , and all
prohibitions applicable to Developer with respect to no refund of
contributions, no interest payment on said contributions and
otherwise, are applicable to all persons or entities.
No user or consumer of water service or sewage service shall
be enti tled to offset any bill or bills rendered by Service
Company for such service or services against the contributions.
Developer shall not be entitled to offset the contributions
against any claim or claims of Service Company, and said
contributions shall be paid at the time or times stated, and
without regard to any claimed, contractual or other, matured or
unmatured, obligations of Service Company in favor of the
Developer.
7. DeveloDer to Construct Systems. Developer shall, at his
expense, retain the services of a professional engineer,
registered in the State of Florida and in good standing with the
Florida State Board of Professional Engineers and Land Surveyors,
to prepare a master plan for the entire project cover ing the
water and sanitary sewage facilities necessary to serve the
project, whether on site or not and the detailed plans and
specifications for the particular stage area under consideration
ror construction. Each stage area plans and specifications shall
conform to the Master Plan, unless the Service Company provides
wr i t ten agreement to vary wi th the approved master plan. The
Service Company may request modification or modifications to the
master plan in order to allow it to comply with future
requirements and the Developer agrees to cause his engineer to
make such changes, if practicable, at the time of stage area plan
submittal to the Service Company. The Service Company shall be
the sole determiner of whether or not the submitted master plans
and detailed plans and specif ica tions comply wi th the Service
Company I s requirements. The Service Company has standardized
certain of its details, specifications and requirements and will
rurnish to the Developer I s engineer one complete set of those
standards at the engineer I s request. The Developer agrees that
no construction shall commence until Service Company has approved
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all such plans and specif ications in wr i ting. Developer shall
pay the cost incurred by Service Company in review of such plans
and specifications. After the approval of plans and
specifications and the issuance of a building permit, Developer
shall cause to be diligently and promptly constructed, at
Developer I s own cost and expense, the water distr ibution and
complete sewage collection systems as shown on the plans and
specif ications. Complete as-buil t plans shall be submi t ted to
Service Company upon completion of construction.
During the construction of the water distribution and
sanitary sewage collection systems by Developer, Service Company
shall have the right to inspect, either full or part-time, such
installation to determine if the construction is proceeding in
accordance with the approved plans and specifications. Service
Company shall control the quality of the installation and further
shall be enti tled to per form standard tests for inf i 1 t rat ion,
exfiltration, line, grade, pressure and all other normal
engineering tests to determine that the systems have been
installed in accordance wi th the plans and specif ications and
good engineering and construction practices. Developer agrees to
pay to Service Company, or Service Company's author ized agent,
the cost incurred for inspection of installation made by
Developer or Developer's contractor.
The cost and expense of constructing all Consumer
Installations, that is, all pipes, shut-offs, valves, fixtures
and appliances or apparatus of every kind and nature used in
connection with or forming a part of an installation for
utilizing water service or sanitary sewage service and extending
from Service Company's water supply pipes or sewage service
laterals located in an Easement Area, shall be that of Developer
or of persons other than Service Company, and all cost and
expense of operating, repairing and maintaining any Consumer
Installation shall be that of Developer or of the person owning
the Property on or wi thin which such Consumer Installation is
constructed and located. Developer, its successors or assigns,
shall at its own cost and exnense connect the Consumer
Installation on each lot or uni t ~to Service Company I s system,
provided however, that nei ther Developer, nor any owner of any
parcel of the Property or any occupant of any residence,
building, or uni t located thereon, shall have the r igh t to and
shall not connect any Consumer Installation to the water or sewer
facili ties of Service Company until formal wr it ten application
has been made to Service Company by the prospective user of water
service and sewage service, or either of them, and the required
deposi t paid in accordance wi th t.he then effective rules and
regulations of Service Company and approval for such connection
has been granted. Service Company shall not be required to pay
to Developer or to any other person any connection charge or any
other charge whatsoever on account of the connection of its
systems to such Consumer Installation.
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Although the responsibility for connecting the Consumer
Installation to the lines of Service Company at the point of
delivery is that of the Developer or others than Service Company,
with reference to such connections the parties agree as follows:
A. All Consumer Installation connections must be inspected
by Service Company before backfilling and covering of any pipes;
B. Notice to Service Company requesting an inspection of
Consumer Installation connection may be given by the plumber or
Developer and the inspection will be made within seventy-two (72)
hours (3 days);
C. If
inspection
connection
with these
the Developer does not comply with the foregoing
provisions, Service Company may refuse service to a
that has not been inspected until Developer complies
provisions.
8. Ownership by Service Company of Systems, Easements, etc.. By
these presents, Developer hereby transfers to Service Company,
title to all water distribution and sewage collection systems
installed, or to be installed on or off the Property to the point
of delivery by Developer or Developer's contractor, pursuant to
the provisions of this Agreement. Such conveyance shall take
ef f ect wi thou t fur ther act ion upon the acceptance by Serv i ce
Company of the said installation, provided that all other
requirements of this agreement have been complied with. As
further evidence of said transfer of title, and upon the
completion of the installation and pr ior to the render ing of
service by Service Company, Developer shall convey to Service
Company by Bill of Sale, in form satisfactory to Service Company,
the complete water distribution and sewage collection system as
constructed by Developer and approved by Service Company,
Developer shall further cause to be conveyed to Service Company
all easements and/or rights of way covering areas in which sewage
and water lines are installed, or to be installed, by recordable
document in form satisfactory to Service Company. Developer
shall also convey by warranty deed or easement any and all lift
station or pumping station sites forming an integral part of the
sewage collection system. All conveyances of easements, rights-
of-way, or warranty deeds shall be accompanied by a title policy
or other evidence of title satisfactory to Service Company,
establishing Developer's right to convey such easements, rights-
of-way or warranty deed properties to the exclusion of any other
person in interest and free of lien and encumbrance. The use of
easements granted by Developer may include the use by other
utilities so long as such uses by such other utilities do not
interfere with the use by Service Company. Service Company
agrees that the written acceptance of the water distribution and
sewage collection systems, installed by Developer, for service,
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or by acceptance of the Bill of Sale or Warranty Deeds, shall
consti tute the assumption of responsibility by Service Company
for the continuous operation and maintenance of such systems to
the extent described on the Bill of Sale or Deed from that date
forward. Any part of the systems not described in such Deed or
Bill of Sale or not accepted by Service Company shall be
maintained by Developer. Mortgagees, if any, holding prior liens
on such properties shall be required to release such liens,
subordinate their rights or join in the grant or dedication of
the easements, rights-of-way or warranty deeds. All water
distr ibution or sewage collection facilities, save and except
Consumer Installations, shall be covered by easements, rights-of-
way or warranty deeds.
Developer agrees with Service Company that all water
facilities and sewage facilities used, useful or held for use in
connection with providing water service and sewage service to the
Property and installed by or transferred to Service Company shall
at all times remain in the sole, complete and exclusive ownership
of Service Company, 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, and Service Company shall have
the right to use all such facilities for any and all purposes,
including the furnishing of water or sewage services to other
persons or enti ties located wi thin or beyond the limi ts of the
property.
9. Ownership of Systems by Developer. Whenever the development
of the subject property involves more than one consumer or a
unity of title of several consumers and in the opinion of Service
Company, ownership by Service Company of the internal water
distr ibution and sewage collection system is not necessary, at
the option of Service Company, the Developer shall retain
ownership and the obligation for maintenance of such or.-si te
facilities as Consumer Installations. Whenever Developer retains
ownership and the obligation to maintain on-site facilities,
then, in that event, Service Company may impose reasonable
requirements including but not limited to metering at point of
connection where the lines of Developer and those of the Service
Company join to assure that:
A. Infiltration into the sewage collection system is at all
times within allowable limits. Developer shall repair, at its
own cost and expense, the internal sewage collection system to
avoid, at all times, excessive infiltration into such on-site
sewage collection system;
B. The water distribution system is "safe"
contamination including back flow preventers.
from possible
The Service
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Company may enter into and inspect the property, lines, systems,
etc., at reasonable times (provided an emergency condition does
not exist, in which event the Service Company may enter at any
time) . However, the Service Company assumes no responsibili ty,
liabili ty, etc. for determining whether or not the system is
"safe".
10. Title Opinion. Within a period of thirty (30) days after the
execution of this agreement, at the expense of Developer,
Developer agrees to furnish Service Company an opinion of title
from a qualified attorney-at-law with respect to the Property,
which opinion shall include a current report on the status of the
title setting out the name of the legal title holders, the
outstanding mortgages, taxes, liens and encumbrances. The
provisions of this paragraph are for the purpose of evidencing
Developer's legal right to grant the exclusive rights to service
contained in this Agreement. Any mortgage or lien holder having
an interest in or lien upon the Property shall be required to
join in the grant of exclusive service rights set forth in this
Agreement.
11. Franchise Extension. If the property is under franchise or
certificate to anyone other than Service Company, then such
franchise or certificate must be either assigned to Service
Company or vacated or terminated at Developer's expense. If the
Property is not under franchise or certificate to another, nor is
under Service Company1s Certificate, then Service Company agrees
that it will promptly and diligently pursue at the expense of
Developer (but not to exceed $2,000.00) the necessary and proper
applications to all governmental authorities to extend its
Franchise to cover the property and to procure all other
necessary approvals. In the event that said extensions and/or
approvals are not granted, then Service Company shall have the
right at its option to declare this agreement to be null and
void, and of no further force and effect whatsoever.
12. Acauis i tion of Ut il i ty System. Developer has been informed
by Service Company and hereby acknowledges that it is enter ing
into this agreement with full knowledge of the pending
condemnation of the Service Company utility system by the City of
Winter Spr ings (the "Ci ty") . Developer hereby further
acknowledges that there is a Notice of Lis Pendens which was
filed on the subject utility system on June 26, 1989 and Amended
Notice of Lis Pendens filed on July 19, 1989. Developer and
Service Company acknowledge and agree that in the event the City
shall acquire the water and sewer utility system owned and
operated by Service Company, the following provisions shall apply
to the rights and obligations arising under this agreement.
A. Assignment of Capaci ty. Service Company shall execute
and deliver to Developer and the City an assignment of capacity
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instrument, which shall specifically designate the number of
ERC I s which have been reserved for and commi tted to Developer
pursuant to this agreement.
B. Guaranteed Revenue Charges. If, as of April 30, 1995,
Developer has not used all of the ERC's reserved and committed to
Developer under the terms of this agreement, then in such event
Developer shall be requi red to commence to pay to the Ci ty 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.
C. Other Charges. Developer shall be obligated to pay to
the City any and all rates, charges and fees as may be
established and set forth for such water and sewage services
under the City Code of Ordinances.
13. Exclusive Rights of Service Company. Developer, as a further
and essential consideration of this agreement, agrees that
Developer, and the successors and assigns of Developer, and any
purchaser from Developer, shall not (the words "shall not" being
used in a mandatory definition) engage in the activity of
providing water or sewage services to the Property or any
portions thereof during the period of time Service Company, its
successors and assigns, provide water or sewage services to the
Property, it being agreed upon between the parties hereto that
Service Company shall have the sole and exclusive right and
privilege to provide water and sewage services to the Property
and to the occupants of each residence, building or unit
constructed thereon.
In order to effectuate the exclusive grants to Service
Company referred to or contained herein, Developer hereby agrees,
upon the platting of the Property, or at the Service Company IS
request, by instrument in form and executed and acknowledged in
such a manner as to entitle it to be recorded among the Public
Records of Seminole County, Florida, and as to impart
constructive notice under the Florida recording statutes, to
impose the following covenant, as a covenant running wi th the
title to the land, upon the Property:
Seminole Ut il i ty Co., its successors and ass igns , has
the sole and exclusive right to provide all water and
sani tary sewage facili ties and service to the Property
described in Exhibit "A" and to any property to which
water or sewage service is actually rendered by said
Seminole Utili ty Co. All occupants of any residence,
building, unit or improvement erected on the Property,
and all subsequent or future owners or purchasers of the
Property, or any portion thereof, shall receive their
water and sani tary sewage service from the aforesaid
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corporation, or its successors or assigns, and shall pay
for the same in accordance with the terms, conditions,
tenor and intent of the Franchise and related schedules,
policies, rules and regulations as amended from time to
time for so long as the aforesaid corporation, or its
successors or assigns, provides such services, or either
of them, to the property; and, all occupants of any
residence, building, unit or improvement erected on the
Property, and all subsequent or future owners or
purchasers of the Property, or any portion thereof,
agree by occupying any premises on the Property or by
recording any deed of conveyance with respect to
building, unit or improvement erected on the Property,
and all subsequent or future owners or purchasers of the
Property, or any portion thereof, agree by occupying any
premises on the Property or by recording any deed or
conveyance with respect to the Property, that they will
not construct, dig, build or otherwise make available or
use water service or sani tary sewage service from any
source other than that provided by Seminole utility Co.,
its successors and assigns, unless with the approval of
Seminole Utility Co.
A certified copy of the recorded restriction shall be furnished
to the Service Company for no charge in order for the Developer
to prove to the Service Company that the above required wording
has been included in the Developer's restrictions for the
Property.
14. Continuous Service. Service Company shall endeavor to supply
water service and sewage service at all times wi thout
interruption; however, Service Company shall not be liable to
Developer, its successors, assigns, or any owner or occupant of
any of the Property in the event of cessation or interruption of
service caused directly or indirectly by strikes, labor troubles,
accident, li tigations, breakdowns, shutdowns for emergency
repairs, or adjustments, acts of sabotage, enemies of the United
States, wars, United States, State, Municipal or other
governmental interference, acts of God or other causes beyond its
control.
15. Rates, Etc. May be Amended. Service Company agrees that the
ini tial rates to be charged to individual consumers of water
service and sewage service shall be those shown in the rate
schedules of Service Company I s tar iff on file at the Company IS
office. However, notwithstanding any provision in this
Agreement, Service Company, its successors and assigns, may
establish, amend or revise, from time to time in the future, and
endorse different rates or rate schedules reflecting rates lower
or higher than those set forth in the tariff. However, any such
lower or higher rates or rate schedules so established and
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enforced shall at all times be approved by the Flor ida Public
Service Commission.
Notwithstanding any provision in this Agreement, Service
Company may establish, amend or revise, from time to time, in the
future, and enforce rules and regulations covering both water and
sewage service (or ei ther) to the Property. However, all such
rules and regulations so established by Service Company shall at
all times be reasonable and subject to such regulations as may be
approved by or filed with the Florida Public Service Commission.
Service Company may establish, amend or revise from time to
time in the future and enforce hook-up, connection, expansion,
extension and plant capacity fees concerning both water service
and sewage service (or ei ther) to the Property. However, all
such fees shall be first filed with and approved by the Florida
Public Service Commission.
Any such initial or future lower or increased fees, rates,
rate schedules, and rules and regulations established, amended,
or revised and enforced by Service Company from time to time in
the future, as provided by law, shall be binding upon Developer;
upon any person or other enti ty holding by, through or under
Developer, and upon any user or consumer of the water service and
sewage service provided to the Property by Service Company.
16. Prompt Completion by Developer. In consideration of Service
Company I s plant capaci ty allocations upon commencement of the
installations for a stage area, Developer agrees to complete the
installations required of Developer under paragraph 6 above, to
promptly perform all other of Developer's obligations hereunder,
and within a reasonable time after installation of Service
Company's facilities to take and use service for all lots and/or
units as may be the case.
17. Water and Sewer Extension Policy. Developer acknowledoes and
agrees that this agreement is made pursuant to Service Co~pany's
Tariff, as filed with the Florida Public Service Commission, and
to any amendments thereto that may be riled in the future.
Developer agrees to be bound thereby and by Service Company
Regula tions of the Use of Sani tary Sewers and the Discharge of
Water and Wastes into Utilities Systems, as filed with the
Flor ida Public Service Commission, as all of the same may be
amended or revised from time to time wi th the approval of the
Florida Public Service Commission.
18. Obtaining Government Approvals. The parties hereto agree to
use their best efforts to obtain all requisite government
approvals, licenses and permits which may be necessary or
desirable for the construction and operation of the sewer and
water systems herein contemplated, including franchises and water
well permits.
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19. Remedies. Failure by Developer to promptly
Developer's obligations under this agreement shall
Service Company the right to terminate this agreement,
all sums paid to it as and for liquidated damages or
any other remedy provided by law.
20. Agreement Binding on Successors. This agreement shall. be
binding upon and shall inure to the benefit of Developer, Servlce
Company and their respective assigns and corporate successors by
merger, consolidation or conveyance. However, in the event
Developer has not paid for and delivered to Service Company the
Contribution in Aid of Construction and all other applicable
fees, changes prior to service being rendered under the terms of
this agreement, then this agreement shall not be sold, conveyed,
assigned, transferred or otherwise disposed of by Developer
without the written consent of Service Company first having been
obtained. However, Service Company agrees not to unreasonably
withhold such consent.
perform
vest in
retaining
to pursue
21. Form of 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 shall
be mailed or delivered to:
DEVELOPER:
Gulfstream Housing Corp., d/b/a Bel-Aire Homes
Attn: Roy T. Dye
861 Douglas Road
Altamonte Springs, Florida 32714
SERVICE COMPANY:
Seminole Utility Co.
Attn: Philip A. Birdsong
900 N. Maitland Avenue
Maitland, Florida 32751
22. Aqreement to Survive Comoletion of Work.
pr i v i ieges, obligations and covenants of Develope r
Company shall survive the completion of the work
Company with respect to completing the water
facilities and services to any stage area and to the
a whole.
The rights,
and Service
of Service
and sewage
Property as
23. Costs of Enforcement. In the event either the Service
Company 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 attorneys I
fees.
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24. Complete Agreement. This agreement supersedes all previous
agreements or representations, ei ther verbal or wr i t ten,
heretofore in effect between Developer and Service Company, made
with respect to the matters herein contained, and when duly
executed, constitutes the agreement made between Developer and
Service Company. 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.
25. Effective Date. The effective date of this agreement shall
be the date of last execution by Developer and Service Company.
26. Agreement Governed by the Laws of Flor ida. This agreement
shall be governed by the laws of the State of Flor ida and it
shall be and become effective immediately upon execution by both
parties hereto, subject to any approvals which must be obtained
from governmental authority, if applicable.
IN WITNESS WHEREOF, Developer and Service Company have
executed or have caused this agreement, with the named exhibits
attached, to be duly executed in seve ral coun terpar ts, each of
which counterpart shall be considered an original executed copy
of this agreement, but all constituting only one agreement.
Witnesses:
~
~ /?7o~
GULFSTREAM HOUSING CORP.,
d/b/a Bel-Aire Homes
BY~~~~dent
DEVELOPER
Witnesses:
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B/CLO:8738002BEL
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STATE OF FLORIDA
COUNTY OF ORANGE
BEFO~ ME, t.4e. undersigned author i ty, personally
appeared .Jli)6F~T l:'S .70IV~~ as Vice President of GULFSTREAM
HOUSING CORP., a Delaware corpor tion, to me well known and known
to me to be the person described in and who executed the
foregoing and acknowledged to and before me that he did so for
the purposes expressed therein.
WITNESS my hand and of f icial seal, this -:;2 LIt), day of Apr i 1,
1990.
~,Oa.-
Notary Public
(Y)tO~
l
My Commission expires:
~ Pub.li~ State of F10rida at Large
~1 tnml5SlOn Expires f-eb. 19,1992
ThN Agent's Notary Ilrokerage
STATE OF FLORIDA
COUNTY OF ORANGE
BEF RE ~ ty, personally
appeared as ~A ~\)~~
of Seminole Utili y rnoration, to me well known
and known to me to be the person de ~ribed in and who executed
the foregoing and acknowledged to and before me that he did so
for the purposes expressed therein.
WITNESS my hand and official seal, this ~day of April,
1990.
~L
My Commission expires:
.,. ".,
i\oti'.ry pLdi' 'f -te ot' r-' .,
.., ..J ,,0 . ~IOfiaa
My Ccm;nission Expires Sept 18, 1990
Bonded Thru Troy fain. Jnsurance Inc:.
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B/CLO:8738002BEL
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LEGAL DESCRIPTION
E X H I BIT "A"
17
04/21/90
'.::- ::..:..1_ .~;.
",0' '.-
~~.~:.~o.,-:.~ ..-'~-."-
~~;:~-=~.:_ _'=-~:'~~~~:~__~-~_ ~-~--_~ .--. prepaidB~~i~'!e~O~~~ Oak Forest
~~~~?:~~~~~~~t:::~:.,~;.;~-__~1~3(~?" '-n~'-.-~- - - .
~Gl$t1.ng3:"oJ.~L~~S~J:'.epaid ~to Seminole uti li ties
~~'"-~f:1:~;~~~~~~--~--:?\~:-~':'~~~:~~3~~~36'::":' - ~'. -...:. ~71
~J:T~~~~~'"' ,,,,.=:=~=~~~ ,.. c ... .~~;~ C'
::.:-::.~__:~;;:-~ 5t,5 - 839 874
=~~_56e, 840 876
~';'.=.~~~",,;<~::; -635 n___.. -: 841 877
~:::;:;, 7:-" tT.:J=:::-.-' ,::~ <:-c-,;,.;.
-'::::-:_"~> :_:_ 694 843 878
_~.~:~~__~.c__:_ 810 844 879
__ 819 845 880
820 847 881
821 851 882
822 857 883
823 858 884
E:24 859 885
825 860 896
826 861 898
827 862 900
828 El63 901
829 864 902
830 865 903
831 866 904
833 867 905
834 f~6E: 906
835 869 907
870 ~U~
.
"'~'_o2~...
909 _
910 '-~- .--
911
912
913
914
915
916
917
'~18
919
920
921
922
923
924
925
92t.
927
928
933
934-
935
936
';tSfJ
'~J31~
TOTAL LOTS 100
B
"
E X H I BIT
"
D:\SYffiPwork\OFPPSU
.,\..\,. 0" .AL.E
"AMeo "0"" ,.
".0'" ~O..-o..TIO'"
I{now II men by These ~resenls: ·
Thal..?~.~.~.~.!~.~.~..~?~~.~.~9...~~:.p.:..~...~~~~~~_~~:...?'!...~.~.~~:....~~...~.~.1::.~.!E.~...~.~.~...!.nli 'corporallon
organized and exisllng under and by vlrlue of Ihe law. of lhe Slale of.....E~.!~~.~:.!:...................._....
hailing II. principal place of business In the ClIy of.........~).~~!I!~!!.~~..~P.!..1!!!J.L..........and County of
........~~~~.~?~.!:............ln lhe Slale of.......D~:.!.~~............. of Ihe firal pari. for andln conslderallon
of Ihe .um of............I~.~...~.~~...~.~O'QQ:::-.:-:.::::::::::::::.:::::::..:.:::.Dollars. In .lawfu/ money (and
olher good and valuable coruiderallons unlo II moving) 10 II paid by..................................................
................................~:~!.~~!:..~~!.~~~r....~.~.:............ ... .... ............................... .......... ................................
of Ihe Cily of..........~~.~~=~..~?~!.~~:....................... County of..........~.:~.~.~.~.~.-:....................................,
and Slale of...........D~!:~.~~...................................... of the second pari, lhe recelpl 0/ which II hereby
achnowledged by II. has granled, bargained, .0Ll, transferred, .el over and delillered, and by lhe.e
presenls does granl, bargain, .ell, Iramfer. sel Oller and dellver unlo the pari...... of the .eCOnd part.
..........................................................uand assign., aU lhose cerlain good. and chollel., de.cribed as
follows:
All water lines, valves, fire hydrants. water services
and all sewer lines, manholes. sewer services. and all
apparatus installed for water and sewer system as
installed in Oak Forest Unit 8. as recorded in Plat Book 41,
Pages 91 thru 94, Seminole County, Florida.
Tj) 'Halle and Tj) llold Ihe same unlo I~ parly.......... of the second part. .......................
and assigm foreller.
And Ihe parly of Ihe firsl pari, for Hself and lis successors. hereby covenanls 10 and wilh Ik
parly......... of Ihe second part................................and assigns lho! II is the lawful owner of lhe .aid
goods and clwllels: Ihal lhey are free from alllieru and incumbrances: lhol II hos good rip hi 10 sell
Ihe same as aforesaid. and lhal II will warranl and defend lhe same agairul Ihe lawful claims and
demands of all persom whomsoever.
)n llIilness Wherej)f, Ihe parly of Ihe /irsl-part has caused ils corporale name 10 be here.
unlo subscribed and ils corporale seal 10 be affixed by ils officer...... hereunlo duly aulhorized. lhis
lhe.............J}~h..............day of.......~~P..~.~~.~.r:.............................. A. D. 19.~~...
tlt;~:;;~.~t~~JZ~.~~~~.:......I.......~.~~!.~.~.~.~~...~g.~.~.!.~.~..E~.~~.:.........................
...__...'-\. . ~~_ \. ~ By..~....m.......:...........................
\.....~~......."'.~,................... v, ce President.
ThiJ Il/JlnlJ/lCIII prepared by: R. B. Tonry
861 Douglas Avenue
Addrw A 1 talllOnte Spri ngs, Fl. 32714
Jtall of ...........n9.r..t~!L''''''''''''''''''-'.-......_....._._...l
County of e~.~.~~~.~_....._..._...._...........................~ ss.
.
lliereby Certiry. that on this aay before me an officer au/horizea /0 /aJ.e acJ.nowledg.
me nls of d eeas. personally appearea.......... ..~:...~ :...~~. ~.~ .~. ........ ............ ........ ........ .......... .....................
10 me well J.nown. ana acJ.nowleagea thaI k. QI the.........................................y~E~...Pre.ldent of tk
............. .~.~.!.~.~.~~.~.~.~..~.?~.~.!.~.gn~~!:P.:................_... .....n. ..............................-..........................................
a corpora/ion unaer the law. of the Slate of.......... ~).~~~.~~....................................................................
executed/he foregolnp Bill of Sale Ihereunto duly au/horlzed: and tbt the .eal aFFlxedto lhe .ala
Instrument was so af/lxea by authority of .ala corporallon. and Is In facl the corporate .eal of tk
saia corporation.
) further Ctrtiry, that the person maJ.ing this acfmowll.'dgment Is 10 me well J.nown 10 be
the person described in and who Q& the..............~.~~.~.......President of the .ald corporation executea
the .ald Instrument as aforesald.
In 'Witness Whereof 1 have hereunto .et my hand and aFFlxea my oFFIcial seal at................
..n........~~.~..Q2~gl~.~..~.~!:D.~!:.!..~.1.~.~!!1.9D.~.~n.~P..:.!D~.~........In the County and Slate aforesald. thI. the
...._...........!.~.~.I)............aay of........~!:p..~!:!'!~!:!................\..7J......... ~. D. 19..?~...
....L:dmL.Ifz....m-~~~!............
Notary Public for. .................................................
My commissIon expire.............................................
Notary PubUe, SbIte oi Florida.t Lt.rge
MyCoaunlMlon Exptroo Feb. 19. 1992
Bonded ThN ^pr. NOW)' Btolo.lTor
n
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i n
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~
,Heyer Job 188-21 !8t1mat;-i-; Ei;v;~ -(11)
=--~:::~;~:~::-----------------------lIIf--~-------------------~~--~---------------------
--------------------------------------------------_______________ 11 _________________
r
Sanitary System
8" PVC 6,162 LF 13 . 00 80,106.00 6,162 LF 80,106.00
Structures 24 EA 995.00 23,880.00 24 EA 23.880.00
r -vices 58 EA 250.00 14,500.00 58 EA 14.500.00
L c. Construction 1 LS 805.00 805.00 1 L5 805.00
Total Sanitary System 119,291. 00 .~ 119,291. 00
Water Distribution System
611 PVC 4,640 LF 6.00 27,840.00 4,640 LF 27,840.00
8" PVC 240 LF 9.00 2,160.00 240 LF 2,160.00
10" PVC 2,720 LF 12.50 34,000.00 2, 720 LF 34,000.00
Fitting, Valves, F.R. etc. 1 LS 22,680.50 22,680.50 1 L5 22,680.50
Service. 78 EA 240.00 18,720.00 78 EA 18.720.00
total Water Distribution System 105,400.50 105,400.50
\