HomeMy WebLinkAbout15734. Subject to obtaining all required approvals from
applicable governmental suthorities, the Utility agrees to pzoyide
sewer services to the Property, as and wheri needed,'but
in accordance with the terms and provisions of this Agreement and
rules, regulations and orders of governmental authority.
Upon the continued accomplishment of all of the pre-
requisites contained in th~s Agreement to be performed by the
Developer, Uti~ity covenants and agrees that it will allow the
Developer to connect the sewage collection facilities installed
by Develo~er to the central sewage facilities of Utility in
accordance with the terms and intent of this Agreement. Such
connection shall at all times be in accordance with rules, regu- '
lations and orders of the Department of Environmen'tal Regulation
of the State of Florida and all other governmental agencies
having jurisdiction. Utility agrees that once it provides sewage
services to the Property and Developer or others have connected
consumer 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, sewage 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 ex-
pense, but in acco~dance with the other provisions of this Agree-
ment, including rules and regulations and rate schedules, sewage
service to the Property in a manner to conform~with all require-
ments of the State Board of Health and other governmental agencies
having jurisdiction over the sewage disposal aperations 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, includir,g, 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 demonstration, strike, embargo, flood,
tidal wave, fire, explos~on, bomb detonation, nuclear fallout,
wind storms, hurricane, earthquake, or other casualty or disaster
or ca~astrophe, failure or breakdown of pumping transmission or
other facilities, governmental rules or acts or orders af restric-
tions or regulations or requirements, acts or action by any govern-
ment or public or govern,~ental 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-performance.
5. It is the intention of the parties in entering ini~ this
Agreement that the Developer grants to Utility the exclusive right
and privilege to provide all the land set forth in Exhibit "A" con-
sisting of approximately 13 acres with sewage facilities' and
services. Anything in this-Agreement to the contrary notwithstanding
it is.understood and agreed that the Developer will insta2l the in-
ternal (on site) colle~tion system at its own cost and exgense. The
Developer shall make said installation pursuant to plans and speci-
fications that shall be approved by the State Board of Health and
the Utility's engineers. The Utility reserves the right to inspect
the inGt311at~ons and nPe~ nnt sPrvi~e the ~PyP1_nrPr's ~roF~rty un-
~ess the installations are made substantially in accordance with
the plans and specifications as approved by the D~partment of En-
vironmental Regulation of the State of Florida and the Utility's
engineers, which approval shall not be unreasonably withheld by
the Utility.
6. To induce Utility to provide the sewage treatment faci~ity,
and to continuously provide cvnsumers located on the Property. with
sewer services, Developer hereby covenants and agrees to construct
and to transfer ownership and control to Utility as a contribution
in aid-of-construction the on-site sewage collection system refer-
red to herein as a contribution in aid-of-construction.
i~~, , ~ ~,.
- 3- :'~K 351 ~~ ~~ 1569