HomeMy WebLinkAbout1563loper with respect to no r~fund of contributions, no interest
payment on said contributions and otherwise, are applicable to
all persons or entities. However, no other person or entity holding
title to any of the Property or any part thereof shall if requesting
water service from Utility be required to make any contribution as
set forth in Exhibit "C" to the extent that said contributor had
theretofore been paid by Developer.
Any user or consumer of water 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 Agree-
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 ac-
celerate to date of default the due date for payment of the con-
tribution in aid-of-construction for Lots then serviced, and then
by additional written notice terminate this Agreement.
Notwitstanding anything hereinabove to the contrary,
if Developer defaults on payment of the sums set forth in Exhibit
"C" for a period of twenty (20) 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 terminate 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 provide notice, and allowing such mort~agees to, within a
reasonable period of time, cure the default.
If at the time Utili~y elects to stop work, accelerate '
the payment of contributions in aid-of-construction, or terminate
this Agreement as authorized above, Utility has expended or ob-
ligated itself to expend sums, with respect to work for providing
the water facilities and services to the Property, in excess of
the sums then paid by Developer to Utility, as contributions in
aid-of-construction, then Utility may recover from Developer, in
any manner 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 Developer to make the contributions
as agreed.
8. The parties hereto recognize that prior to the time
Utility may actually commence upon a program to carry out.the
terms and conditions of this Agreement, Utility must obtain
approval from various State and Local governmental authorities
having jurisdiction and re~nlatory power~over the construction,
maintenance and operation of water facilities, if the Property
is under franchise or certificate either assigned to Utility or
vacated at Developer's expense. If the Property is not under
franchise or certificate granted to Utility to serve Property,
then Utilitv aarees that it will diligently and earnestly at
Developer's expense make the necessary and proper applications
to all governmental authorities in order to include the'~Property
in its franchised or certificated service area and will pursue
the same to the end that it will use its best efforts to obtain
such approvals.
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. ~'~K 351 F~~~E 155~