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and assigns hereby declare that notwithstanding the prior construction
of buildings on any of the lots within the subdivision utilizing private ~
wells for water service and septic tanks for sewage disposal,, "General" ~
and all pers~ns claiming by, through, and under "General" as owners of ~
lots within the subdivision shall; within ~not more than sixty (60) da~ys
after the water distribution mains and/or sewage collection lines become
available to serve the sub~ect premises, be required to connect to and
make use of the water and/or sewer services furnished by "Util~ities"
and shall pa~y to "Utilities", in addition to the prescribed connection ~
charges and monthly service charges then in effect under the rules, `
regulations and rate schedules of "Utilities", reasonable pro-rata ~
;
line costs as established by an appraisal made by a licensed engineer- ~
~
ing firm doing business in St. Lucie County. Provided, t~owever, that '
as to any lot in the subdivision which has been purchased from~"General"
pursuant to a contract which specifically inciuded a provision that
the stated purchase price includes the installation of a water and/or
sewer main to serve said lot, no pro-rata line cost for such main line
or lines shall be assessed against said_lot. No individual water wells,
septic tanks or other individual sewage disposal facility shall be
permitted on any lot within the•subdivision from and after such time
when s~ch service or services are made available by "Utilities". This -
provision, however, shall not be construed to prohibit private water ~
wells for irrigation and swimning pools.
6. The extension of water and/or sewer lines by "Utilities" into the sub-
division shall, as to each lot in the subdivision and to the extent of
the reasonable pro-rata line costs referred to in paragraph (5) above
' constitute and be deemed an improvement.to each such lot. In the event
~ that "General" or owners of lots in the subdivision claiming by, through ~
~ or under "General", fail or refuse to connect to and utilize the water {
f - ~
4 and/or sewer systems of "UtiTities" when same become.available and make f
` payment of the costs and/or charges as prescribed under paragraph (5) `
above, "Utilities" may enforce the obligation to connect and to make
such payment, together with all costs of enforcement and collection,
including a reasonable attorney's fee. "Utilities" shall, in addition
to other remedies availab]e to is as prescribed by Florida law, be
-entitled to have and enforce a mechanic's lien and.give notice thereof ~
;
among the Public Records of St. Lucie County, Florida. ~
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~ 7. These covenants and restrictions are to run with the land and shall be
binding upon "General", "Utilities", their respective successors and
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dooK 186 ?~~~.E 875
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