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HomeMy WebLinkAbout1530Prepared 5y: William E. Sundstrom, E:sq. 141yers, Kaplan, Levinson, Kenin, et al 1020 E. Lafayette Street Tallahassee, FL. 32301 DEVELOPER AGREEMENT (Sewer) 5~1944 THIS AGREEMENT is made and entered into this ~3 day of March • 19 ~, by and between THE ~ LAKE VIEW DEVELOPMENT a Florida Par,~~LS,h3,F ~_ hereina ter referred to as Developer, and North Hutchinson Services, a Florida paztnership, hereinafter referred to as the "Utility." WHEREAS, Developer~herein owns or controls lands located in St. Lucie County, Florida all of which that is subject to this Aqreement beinq described in Exhibit "A" attached hereto and made a part hereof, and Developer is desirous of having Utility's cen- tral sewer system available to the Property; and WHEREAS, the Utility is willing to provide, in accordance with the provisions of this Agreement, central sewer facilities to the Property and will thereafter operate such facilities so that the occupants of the improvements on the Property will re- ceive adequate sewer services; NOW THEREFO:~E, for and in consideration of the premises, the mutual undertakings and agreements herei,~ contained and assumed, the Developer and Utility hereby agree as follows: l. The foregoing statements are true and correct. 2. The following definitions and references are given for the purpos~ of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning: (a) "Pr~perry" - ALL THE LAND described in Exhibit "A"; and any supplements to Exhibit "A" in the future as may be agreed upon by the parties, initialed and dated; ~b) "Stage area" - refers to a part of the Property which is bein5 or is to be developed as a unit; (c) "Lot or Tract" - each bui2ding site as platted for record or as shawn on the master plan and plat described or set out in Exhibit nBn . (d) "Connection order" - the written request from Developer to Uti ity ordering the instal- lation of sewage se~vice to a given number of lots; (e) "Service" - the .readiness and ability on the par*. of the Utility to furnish sewage service io each lot. Thus, the maintenance by Uti2ity of a connection providing for the removal and disposal of sewage shall constitute the rendering of sewage service. Sewage ser- vice refers to sanitary sewer service; (f) "Point of delivery - the point where the pipes of Utili±y are connected with the pipes of the consumer. Unless otherwise indicated, point of delivery shall be at a point on the consumer's property line. In the case of multiple family dwellings, the point of deli- very shall be at that point indicated on the plot plan of the building showing Utility's sanitary sewage lines. The point of delivery may change after the exe~ution of this Agree- B~nK•J51 PdGE15~U S~ N :. _ _ -~~= , -