HomeMy WebLinkAbout1548counsel, the complete on-site water distribution system as
constructed by Developer and approved by Utility. Developer
shall:further cause to be conveyed or granted, as appropriate,
to Utility, all easements and/or rights-of-way covering areas in
which water lines are installed by recordable document in form
satisfactory to Utility's counsel. All conveyances or grants,
as appropriate, of easements, rights-of-way or warranty deeds
shall be accompanied by a title policy or an opinion of counsel
or other evidence of title satisfactory to the Utility estab-
lishing Developer's right ta convey or grant, as appropriate,
such easements, riqhts-of-way or warranty deeds and further evi-
dencing Utility's right to the continuous enjoyment of such ease-
ments, riqhts-of-w•ay or warranty deed properties to the exclusion
of any other person in interest. ThE use of easements granted by
Developer shall include the use by other utilities so long as such
uses hy electric, telephone or gas utilities do not interfere with
the use by Utility. Utility agrees that the acceptance of the
water distribution system, installed by Developer, for service, or
by acceptance of the Bill of Sale or Warranty Deeds, shall consti-
tute the assumption of responsibility by Utility for the continuous
operation and maintenance of such systems from that date forward.
Mortgagee, if any, holding prior liens on such properties shall be
required to release such liens, subordinate their position or join
in the grant or dedication of the easements, rights-of-way or
warranty deeds. All water distribution facilities, save and ex-
cept consumer installations, shall be covered by easements or
rights-of-way.
Whenever the development of t1-e subject property involves
one consumer or a unity of title of several consumers and in the
opinion of Utility, ownership by Utility of the internal water
distribution system is not necessary then, at the option of Deve-
loper, Developer shall retain ownership and the obligation for
maintenance of such on-site facilities as consumer installations.
In addition to the contribution of the internal water
distribution system and further to induce Utility to provide water
treatment plant capacity, Developer hereby agrees to pay to Utility
as a further contribution in aid-of-construction, the sums of money
se~ ~:,rth o;~ Exhibit "C" attacned hereto 8;,d made a part hereof .
The payment by Developer of the sum set forth in Exhibit "C" in
accordance with the times and the manner set forth therein shall
be considered e~sential to the continued performance by Utility
of the t~rms and conditions of this Agreement, the term "contri-
bution in aid=of-construction" shall mean both the contribution
of lines and the contribution of monies set forth in Exhibit "C."
Monies collected as contributions in aid-of-construction are sub-
ject to approval of the Florida Public Service Commission or other
governmental body and may be changed from time to time by such
Commission or other governmental body.
Payment of the contribution in aid-of-construction does
not and will not result in Utility waiving any of its rates, rate
scredules or rules and regulaticns, and their enforcement shall
not be affected in any manner whatsoever by Developer making the
contribution. Utility shall not be obligated to refund to
Developer any p~rtion of the value of the contribution for any
reason whatsoever, nor shall Utility pay any interest or rate of
interest upon the c~r.tributions, excep± as may be specifically
pro~~ided herein .
Neither Develeper nor an~- person or other entity holding
any of the Property by, through or under Developer, or otherwise,
shall have any present or future right, title, claim or interest
in and tc~ the contributions or to any of the water facilities and
properties of Utility, and ail prohibitions applicable to Deve-
- 5- c ~~'~~ 3~.~ FAGE 154 4
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