HomeMy WebLinkAbout1535Any user or consumez of sewage service shall not be
entitled to offset any bill or bills rendered by Utility for such
service or services against the contributions. Developer shall not
be entitled to offset the contributions against any claim or claims
of Utility.
7. In the event Developer shall fail or refuse to pay to
Utility within twenty (20) days of its maturity any sum provided
to be paid by Developer to Utility under the terms of this Aqree-
ment, specifically including the sums set forth in Exhibit."C,"
attached hereto, then Utility may, at its option, successively
stop any work provided for under this~Agreement with respect to the
Property, upon ten (10) days written notice to Developer accelerate
to date of default the due date for payment of the contribution in
aid-of-construction fQr lots then serviced, and then by additional
written notice terminate this Agreement.
Notwithstanding anything hereinabove to the contrary, if
Developer defaults on payment of the sums set forth in Exhibit "C"
for a period of twenty t20) days, then Utility may declare the entire
sums set forth in Exhibit "C" immediately due and-payable, and collect
such sums as provided by law or in this Agreement.
However, Utility shall not terr.tinate this Agreement without
first giving prior notice to all record mortgagees, as of the date
hereof, or such other mortgagees that Utility, by written agreement
recorded in the public records of St. Lucie County, Florida agrees
to pro~•ide notice, and allowing such mortgagees to, within a
reasonable period of time, cure the default.
If at the time Utility elects to stop work, accelerate the
payment of contributiens in aid-of-constrvction, or terminate this
Agreement as authorized above, Utility has expended or obligated
itself to expend sums, with respect to work for providing the sew-
age facilities and services to the Property, in excess of the sums
then paid by Developer to Utility, as contributions in aid-of con-
struction, then Utility may recover from Developer, in any mar.ner
provided by law, payment for all cost and expense in excess of the
total amount contributed, and payment for all other damages due to
the default of Leveloper to make the contributions as agreed.
8. Within a period of thirty (30) days after the execution
of this contract, at the expense of Developer, Developer agrees to
either deliver to Utility an Abstract of Title brought up-to-date,
which abstract shall be retained by.Utility and remain the property
of Utility, or to furnish Utility an opinion of title from a quali-
fied attorney-at-law with respect to the Property, which opinion
shall include a current report on the status of the title setting
out the name of the legal title holders, the outstanding mortgages,
taxes, liens and covenants running with the land. In the event
the Developer elects to furnish an opinion from an attorney-at-law,
then the Developer agrees to provide Utility, at the expense of
Developer, a title policy or opinion of counsel or other evidence of•
title satisfactory to Ucility in connection with all w3rranty deed
conveyances of treatment plant sites.
9. The parties hereto recognize that prior to the ti.me
Utility may actually"comme~ce upon a program to carry out the
terms and conditior.s of this Agreement, Utility must obtain appro-
val from various State and Local governmental authorities having
jurisdiction and regulatory power over the construction, mainten-
ance and operation of sewage facilities, if the Property is under
franchise or certificate either assigned to Utility or vacated at
Developer's expense. If the Property ~s not under franchise or
''`' 351 Pa~E 1531
-6- B'~~K.