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HomeMy WebLinkAbout1558Prepared by: William E. Sundstrom, Esq. Myers, Kaplan, Levinson, Kenin, et at J~i~~.~~6 1020 E. l.afayette Street Tallahassee, FL 32301 . DE~~ELOPER AGREEMENT (Water) THIS AGREEMENT is made and entered into March , 1981 , by and between DEVELOPMENT, A Florida Partnership referred to as "Developer, and North Hutchi~ Florida partnership, hereinafter referred to this ~ day of TNE SANDS OCEAN VIEW ereina ter nson Services, a as the "Utility." WHEREAS, Developer herein owns or controls lands located in St. Lucie County, Florida all of which that is subject to this Agreement being described in Exhibit "A" attached hereto and made a part hereoi, ~i~n L~v~~oper is desirous of having Utility's central water systems available to the Property, and WHEREAS, the Uti?ity is willing to provide, in accordance with the provisions of this Agreement, central water facilities to.the Property and will thereafter operate such facilities so that the occupants of the improvements.on the Property will receive adequate water service; NOW THEREFORE, for and in consideration of the premises, the mutual undertakings and agreements hexein contained and assumed, the Developer and Utility hereby agree as follows: 1. The foregoing statements are true and correct. 2. The following definitions and references are given for the purpose of interpreting the terms as used in this Agree~ent and apply unless the context indicates a different meaning (a) "Property" - ALL THE LAND described in Exhibit "A"; and any supplements t~ Exhibit "A" in the future as may be agreed upon by the parties, initialed and dated; (b) "Stage area" - r~fers to a part of the Property which is being or is to be developed as a unit; (c) "Lot or Tract" - each building site as platted for record or as shown on the master plan and plat described or set out in Exhibit "B"; (d) "Connection order" - the written request from Developer to Utility ordering the instal- lation of water service to a given number of lots; ~ (e) "Service" - the readiness and ability on the part of the Utility to furnish water service to each lot. Thus, the maintenance by Utility of pressure at the point of delivery shall constitute the rendering of water servi~e.~ Unless otherwise indicated,' water service includes the water meter and box; ~ (f) "Point of delivery" - the point where the pipes or meters of Utility a-~e connected with the pipes of the consumer. Unless otherwise indicated, point of delivery shall be at a n~~'~K3~1 ~~a~ E1554 ~ } ~ ~ ~ ~