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HomeMy WebLinkAbout2060 ~ • i ' • ! ~ ~ Xeither Developer nor any person or other entity holdinq any of the property by, throuqh or under Developer, or otherwise, shall have any present or future riqht, title, claim or interest in and to the contributions or to any of the water facilitiea and prop- erties of Service Company, and sll 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. Any user or consumer of water service shall not be entitled to offset any bill or bills rendered by Service Company for auch ser- vice or services aqainst the contributions, Developer shall not be entitled to offset the contributfons aqainst any claim or claim8 of Service Company, and safd contributions shall be paid at the time or times stated and without regard to any claimed, contractual or other, matured or unmatured, obliqations of Service Company in favor of the Developer. . 17. The Developer and Service Cowpany hereby agree that.the approval of the Florida Departsaent of Health and ReKabilative - Services ~ust be obtained for all on-site and off-site water facilities befo=e such facilities may be inst alled to serve the property pursuant to this Agreement. The Service Company hereby agrees to use its best efforts to assist Developer in obtaining all such approvals. 18. Developer, as a further and essential consideration of this Agreeraent, agrees that Developer, or the successors and ~ . assigns of Developer, shall not (the words "shall not" beinq ~ used in a~andatory aefinition) enqage in the business or busfnesses_of providinq water service to the property during the period of tir.~e Service Company, its successors and assigns, pro- . vide water service to the property, it beinq the intention of the ~ j pazties hereto that under the foregoing provision and also other ~ provisions of tnis Agreea~ent, Service Co~apany shall have the sole ( and exclusive riqht and privilege to provide water service to the property and to t:~e occupants of each residence, building or unft conszructed tnereon. 19. Service Co~pany agrees that the initial rates to be ~ charged to indi~vi~ual cons~rers o~ •aater service snall be those , shown in ~:~e rate 'schedules annexed hereto, made a part hereof, ~ and raarked Exr.ibit "C". 'sZowever, notwithstandinq any provision in this Agreeraer.t, S~rvice Co~pany may establisb, a,:?end, or =evise fro~ time to ti-ne in the future aad enforce different rates or rate schedules reflecting rates lower or nigher than those snown in Exhibit "C". However, any such 2ower or hiqner rates or rate scr.edules so esta'vlished and enfo:ced shall at all tfz~es be reason= ~ able az~ subject to such regulations as may be provided by law or ~ contract. ~ ~ ~ Notwit:staading any provision in this Agree~ent, Service Com- par.y nay es~ab3ish, a:aend or revise frosa tic.e to t~~e in t:~e , future and enforce rules and regulations covcring water service to tne pro~erty. However, all su~~ rules and regu2ations so ~ established by Service Co~pany shall at all ti~?es be reasonable and subject to such regu2ations as may be provided by law or contract, -7- t. ~ ~z~z ~~zaeo ~ ~