HomeMy WebLinkAbout1575as appropriate, such easements, rights-or-way or warranty deeds
and further evidencing Utility's right to tbe continuous enjoy-
ment of such easements, rights-of-way 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 lonq as such uses by electric, telephone or gas
utilities do not interfere with the us~ by Utility. Utility
agrees that the acceptance of the sewage collection system, in-
stalled by Developer, for service, or by acceptance of the Bill
of Sale or Warranty Deeds, shall constitute the assumption of
responsibility by Utility for the continuous operation and main-
tenance of such system 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 sewage collection facilities, save and except con-
sumer installations, sha21 be covered by easements, rights-of-
way or, in the case of Iitt station sites, by warranty ueeus.
Whenever the development of the 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 sewage
collection system is not necessary then, at the option of Developer,
Developer shall retain ownership and the obligation for maintenance
of such on-site facilities as consumer installations. Whenever
Developer retains ownership and the obligation to maintain on-site
facilities then in that even~, Utility may impose reasonable re-
quirements to assure that infiltration into the sewage collection
system is at all times within allowable limits. Ueveloper shall
repair, at its own cost and expense, the internal sewage collection
system to avoid, at all times, excessive infiltration into such on-
site sewage collection system.
In addition to the contribution of the sewage collection
system and further to induce Utility to provide waste water treat-
ment plant capacities, Developer hereby agrees to pay to Utility
as a further contribution in aid-of-construction, the sums of money
set forth on Exhibit "C" attached hereto and 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
b~ considered essential to the continued performar.ce by Utility
of the terms and conditions of this Agreement, the term "contri-
butior. in aid-of-construction" shall mean both the contribution
of lines and the c~ntribution of monies set forth in Exhibit "C."
M~nies collected as contributions in aid-of-construction are sub-
ject to approval of the Florida Public Service Commission or otner
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
schedules or rules and regulations, and their enforcement shall
not be affected in any manner whatsoever by Developer making the
contribution. Utility shall not be obligated to refund to Deve-
lope•r any portion of the value of the contribution for any reason
whatsoever, nor shall Utility pay any interest or rate of interest
~~~~n the contributions! except as may be specifically provided here-
in.
Neither Developer nor any 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 to the contributions or to any of the sewage facilities and
properties of Utility, and all prohibitions applicable to Developer
with respect to no refund of contributions, no interest payment on
said contributions and oth~rwise, are applicable to all persons or
entities. Nowever, no other person or entity holding title to any
of the Property or any part thereof shall if requesting sewer
service from Utility be required to make any contribution a~ set
forth on Exhibit "C" to the extent that said contributor had there-
tofore been paid by Developer.
- 5- ~°'K 351 ~~a~~ 1571
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