HomeMy WebLinkAbout15324. Subject to obtaining all required approvals from
applicable governmental authorities, the Utility ~grees to provide
Bewer services to the Property, as and when needed, but
in accordance with the terms and provisions of this Agreement and
rules, regulations and orders of governmental suthority.
Upon the continued accomplishment of all of the pre-
requisites contained in this Agreement to be performed by the •~
Developer, Utility covenants and agrees that it will allow the
Developer to connect the sewage collection facilities installed
by Developer to the central sewage facilities of Utility in
accordance with the terms and intent of this Agreement. Such
connection shall at all times be in accordance with rules, regu-
lations and orders of the Department of Environmental Regulation
of the State of Flarida and all other governmental agencies
having jurisdiction. Utility agrees that once it provides sewage
services to the Property and Develope= or others have connected
consumer installations to its systems, that thereafter Utility
will continuously provide, at its cost and expense, but in accor-
dance with the other provisions of this Agreement, including rules
and regulations and rate schedules, sewage service to the Property
in a manner to confotm with all requirements of its systems, that
thereafter Utility will continuously provide, at its cost and ex-
pense, but in accordance with the other provisions of this Agree-
ment, including rules and regulations and rate schedules, sewage
service to the Property in a manner to conform with all require-
ments of the State Board of Health and other governmental agencies
having jurisdiction over the sewage disposal operations of Utility.
in the event that the performance o~ this Agreement by
Utility is prevented or interrupted in consequence of any cause
beyond the control of Utility, including, but not limited to,
act of God or public enemy, war, nationaZ emergency, allocation
of or other governmental restrictions upon the use or availability
of Zabor or materials, rationing, civil insurrection, riot, racial
or civil rights disorder or demonstration, strike, embargo, flood,
tidal wave, fire, explosion, bomb detonation, nuclear fallout,
wind storms, hurricane, earthquake, or other casualty or disaster
or catastrophe, failure or breakdown of pumping transmission or
other facilities, governmental rules or acts-or orders of restric-
tions or regulations or requiremznts, acts or action by any govern-
ment or puhlic or governmental authority or camr,iission or board or
agency or agent or official or officer, the enactment of any statute
or ordinance or resolution or regulation or rule or ruling order,
order or decree or judgment, restraining order or injunction by any
court, said Utility will not be liable for such non-performance.
5. It is the intention of the parties in entering into this
Agreement that the Developer grants to Utility the exclusive right
and privilege to provide all the land set forth in Exhibit "A" con-
sisting of approximately r(c~5 acres with sewage facilities and
services. Anything in this Agreement tc the contrary notwithstandiny
it is understood and agreed that the Developer will install the in-
ternal (on site) collection system at its own cost and expense. The
Developer shall make said installation pursuant to plans and speci-
fications that shall be approved by the State Board of Health and
the Utility's engineers. The Utility reserves the right to inspect
the installations and need not service the Developer's property un-
less the installatior,s are made substantially in accordance with
the plans and specifications as apprcved by the Department of En-
vironmental Regulation of the State of Florida and the Utility's
engineers, which approval shall not be unreasonably withheld by
tr.e Utility.
6, To induce Utility to provide the sewage treatment facility,
and to continuously provide consumers located on the Property with
sewer services, Developer hereby covenants and agrees to construct
and to transfer ownership and control to Utility as a contribution
in aid-of-construction the on-site sewage collection system refer-
red to herein as a contribution in aid-of-construction.
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