HomeMy WebLinkAbout1546lines to be installed prior to the installation of the water lines
contemplated by this Agreement. The Developer shall furnish to
the Utility four copies of plans satisfactory to the Utility
showing the location of any proposed buried power cables, tele-
phone or television cables, and gas lines.
4. Subject to ohtaining all required approvals from applicable
governmental authorities, the Utility Agrees to provide water
services to the Property, as and when needed, but in accordance
with the terms and provisions of this Agreement and rules, regulations
and order of qovernmental authority.
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 water distribution facilities installed
by Developer to the central water facility of Utility in accor-
dance with the terms and intent of this Agreement. Such connec-
tion shall at all times be in accordance with rules, regulations
and orders of the Department of Environmental Regulation of the
State of Florida, and all other governmental agencies having
jurisdiction. Utility agrees that once it provides water ser-
vices to the Property and Developer or others have connected
cansumer 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, water service to the Property
in a manner to conform with all requirements of its systems, that
thereafter Utility will continuously provide, at its cost and
expense, but in accordance with the other provisions of this
Agreeme~t, including,rules and regulations and rate schedules, , ,.
water service to the Property in a manner to conform with all
requirements of the State Board of Health and other governmental
agencies having jurisdiction over the water supply operations of
Utility.
In the event that the performance of 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, national emergency, allocation
of or other governmental restrictions upon the use or availability
of labor or materials, rationing, civil insurrection, riot, racial
or civil rights disorder or demonstraLion, sLrike, er~d~y~, fl~~u,
tidal wave, fire, explosion, bomb detonation~ nuc2ear fallout,
wind storms, hurricane, earthquake, or other casualty or disaster
or catastrophe, failure or breakdown of pumping transmission ~r
other facilities, governmental rules or acts or orders or restric-
tions or regulations or requirements, acts or action by any govern-
ment or public or governmental authority or commission 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-per~ormance.
5. It is the intention of the parties in entering into this
Agreement that the Developer grants to Utility the exciusive right
and privilege to provide all the land set forth in Exhibit "A"
consisting of approximately _~_ acres with water facilities and
services. Anything in this Agreement to the contrary notwith-
standing it is understood and agreed that the Developer will in-
sta12 the internal (on site) distribution system at its own cost
and expense. The Developer shall make said installation pursuant
to plans and specifications that shall be approved by the State
Board of Health and the Utility's engineers. The Utilit~ reserves
the righ~t to inspect the installations and need not service the
Developer's Property unless the installations are made substan-
tially in accordance with the plans and specifications as approved
by the Department of Environmental Regulation of the State of
Florida and the Utility's engineers, which approval shall not be
unreasonably withheld by the Utility.
~ -, ~x 351 Pa~f 1542
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