Beach Ave 420 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
per sewer connection per ERG 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 thi-rtr five dollars (s 1,035.00 per single
family Unit. Such chargcs 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
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 appurteiiances, including service pipes in public right of ways and
dedicated easements, shall be owned, operated and maintained by the
City. Except as provid.ed 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 casements for multi-family
projects such as apartm ents, 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 thb
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.
D. By these presents, Developer hereby transfers to the
City, the title to the water distribution and sewer collection systems
to be installed pursuai it to this Agreement, such . conveyance to take
effect without further action upoi.i the completion and acceptance by City
Developer or its contractor. Developer will pay the cost of all such
construction. The Developer's engineer shall incorporate into the
Developer's engineering design, plans and specifications the applicable
standards and specifications of the City.
9. A. If the Develop er 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 the City, then the Developer must obtain approval by the
City for the 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 addifion to paragraph 9A above, any other change order
between Developer and its utility contractor issued after City approval
of original plans mus t 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. The systems design drawing and specifications are to be i n
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 Develo per as well as
the contractor to which the award is made.
E. A representative of City or its engineers will be the
insDector of the nroiect alono with thn I)Pvpinnalla
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 eacl.i 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 proper�y
to which the City does not have access. The Developer hereby agrees and.
warrants that the City will not be field 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 humless 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
Agreement under this provi'sion, 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 s.ervice availability charges,
fees or other charges base d 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
tho 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
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 right-to 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
UTILITY SERVICE AGREEMENT
(Water and Sewer)
TII1S AGREEMENT entered into this 2nd day of March
198 8, between the City of Atlantic Beach a
Municipal corporation, hereinafter called "City", and
Soda Construction Company
, a
corporation, its successors and assigns, hereinafter called "Developer".
W I T N E S S E T 11
WHEREAS, Developer owns land in Duval County, Florida,
more particularly described as Lot 23 Unit I Beachside
refer to acreage, plat engineering
1964 Beachside Court
drawings, or legal description as Exhibit A
and
WHEREAS, Developer plans to develop said land by constructing
1 buildings,' 1 residences and/or other improvements
thereon consisting of' S'ingle Family
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
I
collection service to said property and City desires to furnish same;
and
Azles
APPLXCATION FOR WATER AND/OR SEWER TAP
2-
-- ---- ------- ----------
APPLICANT NAME_-
MAILING -- ----------------------
PHONE HUMBER J)A-TE
SERVICE REQUESTED--Z- --7
7------------------------------------------
SERVICE LOCATION Ll
z
------------------------------------------------
DATE SENT TO DATE RETURNED
TO BUILD. DPT- ----------------
PUBLIC WORKS---
DATE OWNER
NOTIFIED---------------------
APR 16 1992
Building and Zoning