Loading...
82-84 W 11th St - Utility Service Agreement UTILITY SERVICE AGREEMENT (Water and Sewer) • THIS AGREEMENT entered into this 23rd day of September 198 7 , between the City of Atlantic Beach , a Municipal corporation, hereinafter called "City", and Elaine Brantley a corporation, its successors and assigns, hereinafter called "Developer". W I TNESSETI1 : WHEREAS, Developer owns land in Duval , County, Florida, more particularly described as Lot 6 Block 64 Section H refer to acreage, plat engineering 82-84 West Eleventh Street drawings, or legal description as Exhibit A and WHEREAS, Developer plans to develop said land by constructing 1 buildings,' 2 residences and/or other improvements thereon consisting of Dunlex • • and WHEREAS, City is the owner of water and sewage treatment plants and water distribution and sewage collection systems in the vicinity of the property described above; and WHEREAS, Developer desires that City provide water and sewage • collection service to said property and City desires to furnish same; and WHEREAS, City is willing to operate such water and sewage collection and treatment systems so that all buildings constructed on Developer's property by developer 'or by any person, firm, joint venture or corporation holding by, through or under Developer may have furnished to them and to their occupants water and sewer service subject to all terms and conditions of this Agreement; and WHEREAS, in order to provide water and sewer services to Developer it has been or will be necessary for City •to enlarge and expand its offsite water and sewer plants and facilities and: it is the desire and intent of Developer to contribute financially to the costs of building such additional offsite water and sewer plants and facilities and to reserve capacity in City's water and sewage treatment plants so that City can provide service to .the Development without imposing a burden on its existing customers; NOW, THEREFORE, in consideration of the premises and other good and . valuable considerations and in consideration of the mutual covenants and conditions hereinafter contained, subject to any necessary approval by other governmental agencies having jurisdiction, it is agreed by the parties hereto as follows: 1. Developer agrees that City shall have the exclusive right to furnish water and sewer service to the real property described above and hereby grants to City this exclusive rightto provide water and sewer service for all uses within all structures now or hereafter constructed on the real property described above. 2. City agrees that after Developer has connected to the systems of City, City will provide at its own cost and expense, water and sewer service to Developer's property in a manner conforming to the reasonable requirements of public or governmental agencies or parties having jurisdiction over City's water and sewer operations; provided, however, that such service shall be in accordance with other provisions of this Agreement, including City's rules and regulations and rate schedules. 3. In the event that Developer or assigns fails to complete construction of all improvements required to be built by Developer and fails to pay all plant and service availability and other fees listed in this Agreement within six months from date of execution of this Agreement, for any reason whatsoever, but through no act or fault of City, this Agreement shall terminate and City shall be relieved of its obligation to perform under this Agreement. Upon termination of this -2- Agreement under this provision, City reserves the right to negotiate with Developer a new agreement for any additional sums to be paid by Developer to City as plant capacity and service availability charges, fees or other charges based upon increases in the. cost of living and/or such other factors as relate to the cost of supplying water and sewer service. 4. All taxes or charges imposed upon the property described above by any governmental entity or agency shall be paid by Developer except such part thereof that has been deeded to the City in accordance with the terms of tills agreement. S. The rates charged by City for water and sewer service shall be in accordance with its rate schedule which shall be subject to change • from time to time. City shall have the right to determine reasonable meter size and location. 6. Developer will grant to the City, at Developer's expense, adequate easements for water and sewer lines, for access to lift stations and water stations and related appurtenances. Said easements shall be transferable. Developer will also furnish title evidence satisfactory to the City that said easements are superior to mortgages or other interest in the land, and Developer shall cause any such mortgages to be released or subordinated to said easements. Easements will also be furnished to provide for onsite water distribution lines, including meters and sewage collection lines. Sites for lift stations and water stations and related appurtenances shall be conveyed by warranty deed in fee simple by Developer . to City. Developer will furnish City a warranty deed, title evidence satisfactory to City and any releases from lien holders for any sewage pumping station and water station sites as required by City. Developer hereby grants to City the right to utilize any onsite water and sewage lines and systems to provide services to properties other than Developer's property, provided this does not unreasonably interfere with service to Developer's project. Where Developer's property is adjacent to any state road right-of-way, City will be granted a 2S-foot easement along and adjacent to said state road right-of-way. Developer shall further grant to the City, its successors and assigns, the exclusive, perpetual right, privilege and easement to construct, reconstruct, operate, maintain, repair, replace, improve, alter, remove, relocate and inspect water transmissions and distribution mains, sewer collection mains, sewer lift stations, pipe lines, lateral lines, valves, connections and appurtenant equipment over, across and under the Developer's property, including the right to ingress and egress to each of the building sites on Developer's property which are served by City. All such easements shall have a width which is acceptable to the City. 7. City does not guarantee an uninterrupted supply of water, or water at any particular pressure, and reserves the right to shut off the water in its main at any time for the purpose of making repairs or extensions of for providing temporary or emergency water supply. City will not be responsible for any damage caused by low pressure or interruption of service. Neither Developer.nor any of its successors or purchasers shall discharge into the sanitary sewer system water from "non-domestic" drains including without limitation swimming pools, air conditioning condensation lines, cooling lines or other discharge from any type of equipment. City shall not be obligated to furnish any water or sewer service to any building which is built on Developer's property to which the City does not have access. The Developer hereby agrees and warrants that the City will not be held responsible for flooding problems which may result from the failure of sewer line back flow • preventor valves on Developer's property. The Developer hereby agrees to hold harmless and indemnify City for all costs and damages resulting from flooding due to .back flow preventor valve failure. 8. The construction and design of all facilities to be transferred to and to be owned and operated by the City shall at all times be subject to prior approval by the City and its engineers. City will provide assistance to Developer's engineers as to design and construction requirements and must approve all plans, documents, and construction requirements in writing prior to any construction being commenced. Construction of all facilities will be performed by Developer or its contractor. Developer will pay the cost of all such construction. T1►e Developer's engineer shall incorporate into tl►e Developer's engineering design, plans and specifications the applicable standards and specifications of the City. 9. A. If the Developer modifies his development plans for Developer's property which would require greater water usage, greater fire flows, additional water facilities, greater sewage flows, or additional sewage facilities than the water and sewer demands previously • approved by tl►e City, the►► the Developer must obtain approval by the City for tl►e construction of such additional water or sewer facilities which shall meet all City and governmental design requirements. The Developer shall pay all additional contributions and fees as may be authorized by the City's service availability policy which is in effect on the date said new agreement is executed. B. In addition to paragraph 9A above, any other change order between Developer and its utility contractor issued after City approval of original plans must be approved by the City before the change order ' is put into effect. • C. City shall have the right to review the systems design drawing and specifications to ensure that they meet the requirements of . the City. T1►e systems design drawing and specifications are to be in accordance with the City of Atlantic Beach requirements unless otherwise .specified by City or its engineer. D. The City also reserves the right to approve the utility contractors to which construction bids are sent by Developer as well as the contractor to which the award is made. C. A representative of City or its engineers will be the .inspector of the project along with the Developer's engineer, but City reserves the right to final acceptance of the work and materials. Neither the City or its engineers shall be deemed the agent of any other person in making such inspections. 10. After installation of the water distribution and sewage collection systems serving the property described above and acceptance thereof by the City, the City or its assigns shall then be the sole, absolute and exclusive owner of the facilities of said water and sewer systems whether located on, under, above or outside of the property described and regardless of who may have installed or constructed same to the extent described below: A. All water mains, pipes, valves and fittings and appurtenances up to and including all meters shall be dedicated to and will be owned, operated and maintained by City.. All water pipes on the customer's side of the meter shall be owned, operated and maintained by the customer or its assigns. B. All sewer mains, manholes, pumping stations, force mains • and appurtenances, including service pipes in public right of ways and dedicated easements, shall be owned, operated and maintained by the City. Except as provided in paragraph 9C, all sewer lines on the customer's side of the property line shall be owned, operated and maintained by the customer or its assigns. C. With reference to any blanket easements for multi-family projects such as apartments, mobile home developments, condominiums and PUD's or for commercial developments, all water mains to and including the water meter, all sewer mains, force mains and manholes in such blanket easements over private property allowing utility operations shall be dedicated to and shall be owned, operated and maintained by the .City -except that the full length of sewer services from the sewer main or manhole shall be owned and maintained by the customer. All such City lines shall terminate with a manhole. U. By 'these presents, Developer hereby transfers to the City, the title to the water distribution and sewer collection systems to be installed pursuant to this Agreement, such conveyance to take effect without further action upon the completion and acceptance by City of said installation. As further evidence of said transfer of title, upon completion of the installation and acceptance by the City, Developer will provide City 'with . a Bill of Sale or Warranty Deed describing all properties transferred and dedicated to the City by the Agreement. 11. Developer shall pay the City upon. execution of this Agreement the sum of 10¢ per water connection per equivalent residential connection (ERC) as an advanced deposit to cover engineering, plan review, inspection, test, legal and administrative expenses of City in connection with this Agreement. Developer shall also pay to City upon execution of this Agreement the sum of . 10* per sewer connection per ERC as an advanced deposit to cover engineering, plan review, inspection, tests, legal and administrative expenses of City in connection with this Agreement. The charges for engineering and legal expenses and for engineer's inspection and plan review fee for non-residential units shall be based upon estimated cost to City. Actual cost will be determined and a refund or • additional charge will be made for the difference between the advanced deposit as calculated above and actual costs. City agrees to provide water and sewer service to the Developer's property in consideration for plant capacity charges, fees and other charges to be paid by Developer as follows: A. A water plant capacity charge at the rate of $10.00 per fixture unit. Such charges shall be due and payable as provided in paragraph 12. B. A sewer plant capacity charge at the rate of onethousand thirty five dollars ($ 1,035.00 per single ) , g family unit. Such charges shall be due and payable as provided in paragraph 12. C. A sewer plant capacity charge for any commercial customers on the land as described above at. the rate of (5 ) . Such charges shall be due and payable as provided in paragraph 12. • • -7- • } .! D. A meter installation fee to cover meter cost and meter istallation (but not including curb stop or meter box) according to the City's service availability policy at the time of installation which currently is $85.00 per 3/4" x 5/8" meter E. If available, construction water will be charged to building based on metered usage in accordance with current rates. F. Hydraulic share of main extensions - payment or refund. 1. Developer recognizes that water or sewer utility service to the Developer's property.. is provided by the use of a mein extension and other improvements constructed by a prior developer and that Developer is obligated to refund a said priorP developer� per's share of the cost of said main extension or other improvements. Accordingly, Developer shall pay its pro rata share of the cost of said' maim extension or other improvements to City. Said pro, rata share shall be based on Developer's percentage of the hydraulic capacity of said extension or other improvements. For the purpose of this Agreement, the cost of Developer's said hydraulic share shall be $ • payable upon execution. of this Agreement. 2. With respect to utility facilities installed by Developer to which future developers connect directly, and .in consideration for monies expended by Developer toward said facilities, City shall refund to Developer, or Developer's successors or assigns, solely from monies collected from said future developers, said future developer's pro rata share of the cost of said facilities. Said refunds shall be calculated on the basis of the hydraulic capacity and demand of said future developer whenever feasible. The refund obligation of City hereunder and the benefits to Developer related thereto shall expire fiveS ( ) years from the date of execution of this Agreement. Said refund shall be made to Developer within sixty (60) days of the receipt of payment by City from a future developer. Refer to addendum if applicable. G. Payment of service availability charges and other • additional aids in construction for• ' at a cost of $ • 12. All charges to Developer shall be paid by Developer to the City in accordance with the following formula and procedures: A. The advance deposit for engineering, administrative and legal fees and the inspection and plan review fee upon the execution of this Agreement, a total of and • B. Water plant capacity charge upon the execution of this Agreement, a total of ' $410.00 and C. Sewer plant capacity charge upon the execution of this Agreement, a total of . .. "$2,070.00 and D. Meter installation fee according to the City's service availability policy at time of installation which currently is 00 *ner 3 4" meter= $170.00 upon . application for hook-up of individual lots, apartments, multi-family lots or units; and E. Construction water based on meter readings in accordance with City's rate schedule; and F. Hydraulic share payment, in accordance with paragraph llr-1 of this Agreement upon execution of this Agreement, in a total amount of'$ . . . . . . . . . . . and G. Service availability charges and other additional aids in construction in accordance with paragraph 11G of this Agreement in a • total amount of $ payable • H. Any plant capacity charges, fees, or other charges due to City are intended to assist in defraying costs as to offsite facilities , . and in no way are to be considered a payment toward the cost of onsite water distribution and onsite sewage collection systems which costs are to be borne by Developer. 13. City agrees to connect individual buildings and structures on the developed property upon application by the builders, plumbers or individual owners subject to the operating rules and regulations of the City and payment of all fees and charges in effect on date of application and compliance by Developer with all provisions of this Agreement. 14. The charges, costs and fees for any separate emergency fire protection water systems, for subject project will be subject to negotiations between City and Developer. If buildings of more than two stories are a part of the project, Developer shall furnish at its expense water pumps and other appurtenances as necessary for pumping water above. 15. All plant capacity and service availability charges, fees and other charges as outlined above are based on normal domestic sewage defined herein as containing not more than three hundred (300) parts per million biochemical oxygen demand or three hundred (300) parts per million suspended solids. Whenever water which contains more than these amounts is to be admitted to the sewers, both the City and the pollution • control agencies must specifically agree to the connection. An additional charge will be calculated in direct proportion to strength at seventy-five cents ($0.75) for each part per million of either • biochemical oxygen demand or suspended solids over three hundred (300) parts per million. All such connections shall provide for a suitable point for the waste to be sampled by the City or the regulatory agencies. An additional charge equal to the pro rata share of any additional sewage treatment plant costs above ninety percent (90%) treatment, and of the cost of any additional required outfall pipes to may be required by City. Developer shall have the right at all reasonable times to inspect the invoices of the City in order to determine that said funds have been properly expended by City pursuant to this paragraph. 16. Developer warrants that it is the owner of or the holder of a binding contract to purchase the fee simple title of the real estate described herein and further agrees to have all mortgages or other liens • • subordinated to the terms of the Agreement and easements required herein prior to any acceptance of the facilities by the City. 17. Upon application by owners, builders or their authorized representatives, the City agrees to connect the' requested dwellings or structures on the said property at no additional connection fee (i.e. , in addition to those provided for above in this Agreement) , but subject to the continuing operating rules and regulations of the City including, without limitation, the periodic payment of the water usage and sewer usage charges in effect on the date of such application or thereafter reflected in the City's rate schedule. • 18. This Agreement shall be binding upon and shall inure to the benefit of the Developer, City and their successors and assigns. However, in the event the Developer has not paid and delivered to the . City the plant capacity and service availability charges, fees and other charges provided to be paid to 'the City by Developer under the terms of this Agreement, and all easement and conveyances required by this Agreement, then this Agreement shall not inure to the benefit of the successors or assigns of the Developer. 19. It shall be :�the responsibility of Developer to locate for builders any water and sewer taps or lines necessary in conjunction with • residential or commercial construction. • 20. Unless the damage to any onsite improvements are the result of • the negligence or willful act of the City, its officers, or employees or • authorized agents, the owner or Developer .of such property upon which the damage occurs shall be responsible for the payment to the City of such damage to Cit 's property including all necessary and reasonable • . repairs which must be made by the City or independent contractors ntractors engaged by the City to effect such repairs. If the owner or developer 1 of the real property shall fail or refuse to pay costs of rucl► necessary and reasonable repairs to cure said. damage within thirty (30) days from the submission to the owner .of a statement' for such charges, the City 'shall have a lien against such owner's or Developer's property ry p tY subordinate to those liens created by or under agreementse of record prior hereto, for the payment of such necessary and reasonable costs and expenses for effecting such repairs and restoration to such onsite facilities located upon the owner's or Developer's property. Notice of such lien or claim on lien describing the real property and the amount owed may be filed within ninety (90) days of the date from the last date upon which any such repairs or restoration were made by the City or its authorized representatives. Thereafter, the City shall be entitled to • bring an action for the foreclosed under the laws of Florida. 21. Prior to final acceptance of the utility and other public facilities improvements by the City the following requirements must be met at Developer's expense: A. If the property is platted, one copy of the recorded plat shall be furnished to the City. 8. "As built" drawings of utility improvement shall be furnished one week prior to final inspection. "As built" drawings shall be certified by a registered engineer with the cost being borne by the Developer. Two mylar and three printed copies of said drawing shall be furnished to City. C. All lot corners shall be properly marked so that utility company or its engineer can, upon receipt of "as built' drawings, verify the marked water and/or sewer services as to location and depth. In 'addition for p purposes of locating and protecting installed service lines and valves Developer or his contractor shall mark each service line and all valves with an eight (8) foot pressure treated woodenv • in the manner as shown on the design drawings and specifications.p st Developer's contractor is required to install curb stop, meter box and • valve box on each water service and valve as shown on design drawings. Ings. D. All water and sewer services and valves shall be marked • on the street curb by etching into the concrete or if no curbing is available, a two (2) inch square ,metal tag is to be nailed to the street's pavement and painted as, specified on design drawings, C. Developer's contractor shallfurnish a one (1) year maintenance bond in the amount of 100% of the cost of the facilities installed. The bond may be in the form of cash, surety bond, or • irrevocable letter of credit, the terms of which will indemnify and save 1►armless tl►e City ,fxvm any loss, damages, costs, claims, suits, debts or demands by reason of defects in the workmanship or materials used in the facilities discovered within a period of one year from and after the date of acceptance by the City of the facilities. F. A Dill of Sale for facilities from the Developer to City. G. Conveyance of easements as required under this Agreement. H. A deed for many and all land on which lift stations or water stations or other improvements if required by City. I. The title evidence, mortgage releases and mortgage subordinations as required in this Agreement. J. For onsite and offsite construction provide City an ' accounting of the actual costs (schedule of values) and releases of liens from utility contractors in such detail as the City requires. K. City shall have' the right to refuse to accept title to Developer's construction until Developer's construction has passed certain tests, including, without limitation, closed circuit television inspection of the gravity sewer lines, witnessed by a City representative, to determine whether the Developer's construction is constructed in accordance with the approved engineering plans and specifications. Said tests may be performed at •least three (3) times: • the first test upon completion of the system; the second test upon completion of all building, roads, paving, drainage, and all construction within the right-of-way easement area of adjacent areas. A third test shall be required if the City deems it necessary within a one (1) year period after acceptance. L. Letters of acceptance from the appropriate regulatory agency for tl►e water and/or sewer system, are required prior to final inspection. M. A copy of the certified water pressure test and force main test as applicable. N. The certification by the design engineer that the system was constructed as designed is required prior to final acceptance. , 0. Pump performance test on pumping stations if applicable. • • • 22. All notices that may or must be given under this Agreement shall •be in writing and shall be valid if mailed by United States ?, registered or certified mail, postage and charges prepaid from addressed • as follows: • To Developer.: To City of Atlantic Beach • City Manager 716 Ocean Boulevard ' Post Office Box•25 Atlantic Beach, Florida 32233 IN WITNESS WHEREOF, the parties hereto have executed this Utility • Agreement the day and year first written above. • Signed, sealed and delivered in the presence of: Z4. 1261-(LIC) 157)6112-(-) e elo.er Witness IAi / , / City of Atla#c Beach Witness • • • - 14— ifta y