HomeMy WebLinkAbout1571P~epared by;
William E. Sundstrom, Esq.
5~19~'~ Myers, Kaplan, Levinson, Kenin, et al
l020 E. Lafayette Street
Tallahassee, FL 3230I
/
DEVELOPER AGREEMENT .~
• (Sewer) ~
THIS AGREEMENT is made and entered into this ~ day of
March , 19 ~, by and between THE SANDS OCEAN VIE~a
DEVELOPMENT, a Floridd Partnership herelna ter
referred to as Developer, and North Hutchinson Services, a
Florida partnership, hereinafter referred to as •~he "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 hereof, and Developer is desirous of having Utility's cen-
tral sewer system available to the Property; and
WHEREAS, the Utility is willing to provide, in accordance
with the provisions of this Agreement, central sewer facilities
to the Property and will thereafter operate such facilities 'so
that the occupants of the improvements on the Property will re-
ceive adequate sewer services;
NOW THEREFORE, for and in consideration of the premises, the
mutual undertakings and.agreements herein 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 Agreement
and apply un2ess the context indicates a different meaning:
(a) "Property" - ALL TH? LAND described in
Exhibit "A"; and any supplements to Exhibit "A"
in the future as may be agreed upon by the
parties, initialed and dated;
~b) "Stage area" - refers
Property which is being or
as a unit;
(c) "Lot or Tract" - each
platted for record or as s;
plan and plat described or
nBn
i
to a part oi the
is to be developed
building site as
hown on the master
set out in Exhibit
(d) "Connection order" - the written request
from Developer to Utility order~ng the instal-
lation of sewage service to a given number of
lots;
(e) "Service" - the readiness and ability on
the part of the Utility to furnish sewage
service to each lot. Thus, the maintenance
by Utility of a connection providing for the
r~, oval and d~~go~a~ cf ~e~~gs sh~ll cor.sti±~~*e
the rendering of sewage service. Sewage ser-
vice refers to sanitary sewer service;
(f) "Point of delive~" - the point where the
pipes of Uti ity are connected with the pipes
of the consumer. Unless otherwise indicated,
point of delivery shall be at a point on the
consumer's property line. In the case of
mu2tiple family dwellings, the point of deli-
very shall be at that point indicated on the
plot plan of the building showing Utility's
sanitary sewage lines. The point of delivery
may change after thP execution of this Agree-
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