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
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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
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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
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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
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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
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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.
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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
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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.
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.! 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 $
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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
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additional aids in construction for• '
at a cost of $
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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.
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0. Pump performance test on pumping stations if applicable. •
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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
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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 •
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