Item T5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
16 April 2003
Division:
Growth Management
Bulk Item: Yes
No X
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of recommendations concerning engineering options for specific properties within Key West Resort
Utility
ITEM BACKGROUND:
At the January 2003 regular BOCC meeting, the Commission heard from a number of individuals with
complaints concerning connection requirements to facilities operated by Key West Resort Utilities (KWRU).
The Commission requested that staff talk to property owners and the Utility to determine if any adjustments
need to be made to the County's contract with the Utility to provide wastewater improvements concerning
engineering options and uniform connection policy.
PREVIOUS RELEVANT BOCC ACTION:
July 2002 — Approval of a contract with KWRU to provide wastewater improvements on Stock Island
January/February 2002 — Comments from property owners concerning KWRU
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS;
Approval of staff recommendations
TOTAL COST: None BUDGETED: Yes No
COST TO COUNTY: None SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT Per Month Year
APPROVED BY: County Atty X OMl�urchasing PLRisk Management X_�
DIVISION DIRECTOR APPROVAL: '
Timothy McG , Director rowth Kaaa`gPn4nt
DOCUMENTATION: Included _ To Follow Not R e,-ired
DISPOSITION: AGENDA ITEM NO.:
I/
BC030480.doc
03/27/03 6:43 AM
Department of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Voice: (305) 289 2507
FAX: (305) 289 2536
Email: larrettg(d�mail.state.fl.us or
garrettceo(ahotmai l.com
DATE:
TO:
FROM:
SUBJECT:
Memorandum
Board of County Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie Spehar, Dist. 1
Commissioner George Neugent, Dist. 2
Commissioner Nora Williams, Dist. 4
Commissioner Murray Nelson, Dist. 5
11 April, 2003
Board of County Commissioners
George Garrett, Director of Marine Resources
Findings and Recommendations for KWRU
Introduction
Based on concerns raised by property owners at the January Commission meeting
concerning connection requirements with Key West Resort Utility (KWRU), the
Board requested that staff consider the issues raised and provide recommendations
back.
Attached is a report augmenting this one from CH2MHill concerning the
engineering design for the Key West Resort Utility area. It details the meetings
that we held with the utility and provides an assessment of engineering options
provided for each property within the Utility area. Included also, is a copy of a
revised Utility Agreement as will be used to contract with property owners for
service. This agreement was revised during discussion between the Utility,
property owners, and the Public Service Commission.
Staff supports the current and specific engineering design being used by the
KWRU at this time.
Staff has reviewed KWRU's Utility Agreement with revisions suggested by the
Public Service Commission (PSC). Though staff has not done a thorough legal
analysis of these documents, with changes made by the PSC, the document is
workable. Further revisions may be necessary through negotiation with individual
BC030481
04/08/03 2:54 PM
property owners. Any disagreements may be resolved through the PSC. Staff will
continue to monitor this aspect of KWRU management.
Staff is putting forward a draft Uniform Connection Policy generally supported by
KWRU and it has been reviewed by staff of FKAA and the Key Largo Wastewater
Treatment District.
Background
In late July 2002 at a special meeting of the Board, the Commission approved a
Contract with Key West Resort Utilities (Utility) to expand wastewater service to
the remainder of south Stock Island not currently served by the Utility.
Construction on the expanded wastewater project area began in October 2002 and
has progressed rapidly.
At the January Commission meeting, the Commission heard from a number of
individuals, homeowner's associations, and private commercial property owners
concerning connection to Key West Resort Utility. Most concerns revolved
around technical requirements (engineering related) for connection to the utility
and around the Utility and Service Agreements required by the Utility.
Since the January Commission meeting, staff has met internally, with Key West
Resort Utility, with a number of property owners, with the Florida Keys Aqueduct
Authority, and has participated in a teleconference with the Public Service
Commission. Staff has also talked with a number of individuals in telephone
conversations about the project. The most recent meetings occurred as late as
March 31, 2003. In total, staff has met with KWRU either at their offices or in the
field, a five times. As staff brings this item forward to the Commission, we will be
meeting with the Administrator and each Commissioner individually and will have
begun a process to meet with each of the property owners concerning their options
for connection to the Utility
Issues
Engineering DesiLyn
Questions raised by property owners at January's Commission meeting were
mirrored in documents provided by CH2MHill in July 2002. The concerns revolve
mostly around the responsibility of parties for potential expenses, as they would be
2
incurred by the Utility in providing a Utility connection or by the property owner
in preparing to acquire a connection.
Questions were raised about the issues of "connection equity" or whether one
property owner, in relatively similar physical circumstances to another property
owner, would pay similar amounts to acquire a Utility connection over and above
the Utility connection fees ($2,700 per Equivalent Dwelling Unit). In other words
is there relative equity in the costs that would be incurred for on -site improvements
in preparation to make a connection to the Utility?
Staff has met with KWRU on five separate occasions. On three of these occasions,
in addition to meeting at the KWRU offices, staff spent approximately half a day
each in the field reviewing specific property characteristics.
In addition to meeting with the Utility, staff requested that the Utility complete a
cost assessment of several options (three, with the ultimate inclusion of a fourth —
See Ch2MHill report) for each property in question (approximately 20). Staff
requested that the Utility not consider property lines, but to assess total cost to
provide service to each property based on the most cost effective and efficient
engineering solution inclusive of engineering needs on each private property itself.
Based on staff s assessment during on site visits, a complete review of engineering
plans, and a thorough review of the cost projections for each property, staff at this
point concurs with the general engineering design for the Key West Resort Utility
project. Thus, the approach taken for provision of service (collection facilities and
components) within the right-of-way as proposed or in fact completed by the
Utility is appropriate. This is documented fully in the attached CH2MHill report.
Utility and Service Agreements
Staff was made aware of six complaints raised to the Public Service Commission
(PSC) about Key West Resort Utility service agreements. On February 17, 2003,
staff participated in a teleconference with the Public Service Commission to hear
about and discuss issues raised by the complainants. Though there appear to be
substantive issues concerning the content of contracts required by the Utility, they
appear to be contractual legal issues that can best be resolved between PSC staff
and the Utility or between the complainants and the Utility.
At this time, suggestions concerning the content of KWRU utility and service
agreements have been made by the PSC. As staff understands it, the suggestions
K,
of the PSC have been taken into account by KWRU and have been used to revise
their user agreements. However, we also understand that there are still some
concerns on the part of the PSC that not all suggestions were taken and, real or not,
many property owners have continuing concerns about signing Utility Agreements.
Most now revolve around issues of liability and insurance.
In light of recent changes made by the KWRU, it is staff s opinion that the process
of negotiation concerning the user agreements provided by KWRU should proceed
between KWRU and private property owners with limited staff interaction or
involvement. Our understanding indicates that these are things best left to the
Utility, private property owners and the PSC — if intervention appears necessary.
However, some continuing overview of the process may be reasonable, particularly
if any significant issues are raised which are outside of the context of normal
negotiation.
The ultimate conclusion of an unsuccessful negotiation between the Utility and a
private property to connect to the Utility system, becomes a Code Enforcement
case before the County Special Master. This is a conclusion that staff believes
should be avoided through continual monitoring of the process.
Additional Comments
It is clear that most of the concerns that arose in January before the Commission
were issues involving public relations. Without being able to clearly appreciate the
interaction that the Utility has had with the public, staff believes that more time
should be spent discussing options with property owners. More time needs to be
spent informing future users of the KWRU wastewater system, educating them
about process, etc. Where some may be fully aware of options and process and are
resistant to change and additional expense, others may have legitimate concerns, of
simply be ignorant of options and process. There seems to be a lack of trust, based
in part on a feeling amongst property owners that their interests aren't being
adequately considered.
Staff hopes that the time spent and that will continue to be spent working with the
Utility has helped to clarify options and to build trust. At this time, we intend to
continue working on this effort through individual meetings with the 20 or so
property owners in the area under consideration currently.
0
Conclusions and Recommendations
Engineering
o Staff has extensively reviewed the KWRU construction engineering documents
and concludes that the solutions that these documents present for each property
are appropriate, in terms of cost, equity, practicality, and efficiency.
Thus, staff has determined that each property is or will be negotiating their
individual Utility Agreement on an "Even Playing Field." Some engineering
options may be adjusted as negotiations occur, but it will be from a position of
comparative balance and equity. There should be no need for further action on
this issue.
No specific recommendations necessary
o After a number of site visits, staff concludes that many of the sites on Stock
Island that will be asked to connect to KWRU, have significant deficiencies in
their on -site wastewater systems (either septic tanks or treatment plants with
internal collection systems). There will be significant cost associated with
required on -site improvements over and above required connection costs.
Staff recommends that the need for required on -site improvements be
articulated with clarity to property owners. The difference between the cost of
necessary on -site improvements and cost to connect to the Utility may not have
been clearly differentiated.
Staff recommends further that, property owners be advised immediately that
they will need an engineer to design improvements or changes to components
of on -site wastewater systems. In many cases, this will be required to certify
needed changes and to obtain permits from the Department of Environmental
Protection. Negotiations on specific issues involving engineering design will be
enhanced with design professionals participating.
Utility Agreement
o Staff recognizes that significant discussion has occurred between the Utility,
property owners and the Public Service Commission (PSC) concerning the
5
content of the Utility Agreement documents for KWRU. Staff also indicates
that it is least comfortable with this aspect of its involvement to date.
Recognizing that changes have been made to the Utility Agreement based on
these discussions, staff concludes that it is best to remain outside this process
which is clearly within the jurisdiction of the PSC, while continuing to monitor
the process.
Staff recommends that they continue to monitor the process of the Utility's
negotiations with property owners and the ultimate conclusion in a signed
Utility Agreement to insure that this process is not becoming bogged down.
Particularly, the non-invasive effort to monitor this process will result in fewer
Code Enforcement cases, which may result from simple entrenchment on
issues.
Other
o Staff concludes in general that issues of trust underlie most of the problems that
have occurred to date.
Staff recommends that they continue as planned to meet with individual
property owners to clearly inform them of their options for connecting to the
Utility. We believe that a level of trust currently exists and that a sound
working relationship exists between staff and the Utility. Staff and the Utility
intend to attend most of these meetings as a team.
o Staff recognizes and therefore concludes that financing is also a significant
issue driving the concerns of property owners and of those who may be
renting/or leasing homes within private properties not in their ownership.
Staff recommends that they continue to work toward a general financing
approach within this County sponsored private utility area as well as any others.
Currently staff is working with Neighbors and Giblin to develop a coherent and
comprehensive financing ordinance. This document is projected be before the
Board for review in June.
51
Attachment 1
CH2MHill Report
April 11 , 2003
Mr. George Garrett, Director
Monroe County Marine Resources
2798 Overseas Highway, Suite 420
Marathon, FL 33050
Re: Evaluation of KW Resort Utilities Connection Policy
Dear George:
At the January 2003 BOCC meeting, the Commission heard from a number of individuals,
homeowner associations, and private commercial property owners concerning connection
requirements to the KW Resort Utilities (KWRU) sewer system expansion. The properties with
connection issues are those with multiple units within small or large private properties. For the
most part, all the units within a given property cannot be served by a single vacuum valve that
would be located within the public right-of-way. Thus, the issues revolve around technical
requirements (engineering related) for connection of these properties to the new sewer system
and who should be responsible for the costs.
County staff was directed to work with KWRU to resolve the issues. Since February 10, we have
had five meetings with KWRU (in addition to four other meetings with other entities). At each
meeting we have progressed further to a resolution that would provide the most equitable policy
for all parties involved. Three of these KWRU meetings consuned the better part of the day.
After these meetings with all parties, you, Weiler Engineering, and CH2M HILL inspected the
sites in question. We evaluated the pros and cons of each of four connection alternatives,
addressing the different issues and concepts at each site visit. Although time consuming, this
degree of evaluation was necessary to "flush out' all concepts and address the equity issue in
particular. These site visits provided the best backup and justification for the policies addressed
herein.
This letter summarizes the evaluation process that you instituted to resolve the issues and
presents the results and conclusions of this evaluation process.
In arriving at an equitable resolution, consideration must be given to:
The condition of the existing private systems, where many are sub -standard and are
susceptible to substantial infiltration and inflow (1/I), which overloads and stresses the
treatment facilities.
The fact that property owners are responsible for upgrading their sub -standard systems, at
their cost, to industry and utility standards before they can connect their system into the
utility sewer system.
• The differences between the means of connection shown by KWRU documents provided
to Monroe County, dated May 2002, and the means of connection shown by the
documents used to construct the project.
M.
• The requirements of Monroe County Wastewater Connection Ordinance No. 04-2002.
General Points
The collection systems for some of these private properties would need a lot of work and would
require considerable cost to upgrade. In fact, some collection systems may have to be totally
replaced, at the owner's cost.
The requirement that owners of private collection systems that are proposed to connect to a
regional or community system (either a private or public utility) must upgrade their systems to
the industry and utility standards is a standard of the industry. Once upgraded, the systems could
remain private, or they could be taken over by the utility, depending on utility policy. Section
3.8.2 of the Wastewater Master Plan describes this process.
The original KWRU documents (drawings) provided to Monroe County in June 2002 for review
were dated May 21, 2002. These drawings showed many of the properties that now have issues
were to be served by proposed buffer tanks that were be installed within the public right of way.
Instead of buffer tanks, the drawings used for construction now show that some properties are
being provided with a vacuum main stub at the property line. These properties are now required
to install a vacuum system within their property and connect to the vacuum main stub.
One of the concerns of the affected property owners may be that they feel they could have
connected their private system relatively easily and inexpensively to a buffer tank as shown in
earlier May 2002 drawings. Now they appear to be faced with a lot more cost and difficulty to
install a vacuum system within their property. These property owners may not have recognized
that they still would have been required to upgrade their gravity collection system (sewer mains
and sewer laterals) to industry and utility standards before they are able to connect to the buffer
tank. For some private collection systems, the upgrade costs of their gravity systems could be as
much or more than the cost of a vacuum system. Exhibit 1 compares the proposed means of
providing wastewater service connection to the properties at issue in the May 2002 drawings and
in the drawings used for construction.
The approach taken by County staff to arrive at an equitable resolution was to first consider the
most practical, efficient, and cost effective system of connection without considering property
lines per se and without determining who pays for what (i.e., alternatives must consider all costs,
including repair or replacement of private collection systems to industry and utility standards
before connecting to the utility system). After Monroe County and KWRU came to agreement on
the best technical approach, guidelines for determining who pays for what, particularly as it
might consider equity between properties and construction on private property, were evaluated.
This step in the process is ongoing and site visits with each of the affected properties are still in
progress. Participants in these site visits include KWRU, Monroe County, representatives from
the property, Weiler Engineering, and CH2M HILL.
Alternatives
Different alternatives for connecting the properties at issue, mainly trailer parks, to the KWRU
collection system were evaluated. KWRU and Monroe County mutually agreed upon four
9
alternatives as the most feasible. Costs for these four alternatives were estimated as if there were
no property lines. Costs on both public and private property were included. Estimates for the
cost of testing existing systems, repairs of systems, abandonment of cesspits and septic systems,
lateral installation and other costs normally incurred by the property owner were included in the
analysis. Costs associated with design, permitting, construction administration, connection fees,
and etc. were not included.
Four alternative means of connecting existing multi -dwelling -unit properties to the KWRU
sewer system were considered. These are:
Alternative 1: Installation of a vacuum sewer system within private park property (where
feasible, use of the existing gravity collection systems to deliver wastewater to the vacuum
valves on site was also considered under this alternative). This alternative is the means of
connection required by KWRU construction drawings and the connection method that prompted
representatives of affected properties to address the BOCC at their January 2003 meeting.
Alternative 2: Use of the existing gravity collection systems to the greatest extent possible, with
upgrades to the system as estimated by Weiler Engineering to meet industry and utility
standards, and connection to vacuum valves located in the public right-of-way via metering
PUMPS.
Alternative 3: Use of the existing gravity collection systems to the greatest extent possible, with
upgrades to the system as estimated by Weiler Engineering to meet industry and utility
standards, and connection to the existing 8-inch force main or construction of new force mains
within the public right-of-way.
Alternative 4: Use of the existing gravity collection system to the greatest extent possible, with
upgrades to meet industry and utility standards, and connection to vacuum valves located in the
public right-of-way around the periphery of the property to the greatest extent possible. In this
alternative, the modified and upgraded gravity collection system would be a series of mini -
collection systems in that each collection system would only connect the number of properties
that could be accommodated by one vacuum valve, on the average six dwelling units (mobile
homes). This fourth alternative is not applicable to every property because of physical constraints
in locating vacuum valves around the property periphery and in being able to connect only six
units to a mini -collection system.
The estimate of the amount of existing gravity sewer systems that must be upgraded was made
by Ed Castle of Weiler Engineering. In our opinion, Ed is more qualified to estimate existing
gravity system upgrade requirements than anyone else in Weiler Engineering, CH2M HILL,
Monroe County, or KWRU in that Ed previously worked for Synagro. Hence, Ed was
responsible for the operation and maintenance of all package plants that received flows from all
the private collection systems on Stock Island, except for the Boyd's Campground facility.
Capital cost estimates for each of the four alternatives were prepared by Weiler Engineering and
CH2M HILL (CH2M HILL prepared Alternate 4 estimates), assuming there are no property
lines, or no capital cost responsibilities between property owner and utility. CH2M HILL
concurs with the engineering options and the cost estimates for all of the alternatives. The cost
10
estimates were developed from current prices for construction of the different types of collection
system facilities and appurtenances in the Key West/Stock Island area. These costs were used
consistently for all properties and for each type of system. One may argue that the costs are
inaccurate (although we feel they represent current construction prices that would be paid), but
since the costs were applied consistently to each property and each alternative, the margin of
error (if there is one) for each property and each alternative is consistent, either higher or lower,
so the relative cost or rank of each alternative would not change.
Exhibit 1 shows the relative cost of the four alternatives, ranked from least costly to most costly.
The cost estimates are not included with this report but are available to anyone who wishes to
review them.
Conclusion
Our evaluation shows that the KWRU sewer system extension as ultimately constructed meets
the requirements of the Monroe County Wastewater Connection Ordinance No. 04-2000. All
properties with an estimated sewage flow of 1,000 gallons per day or less (single family
residences, duplexes, quadraplexes, and small commercial establishments) were provided a
vacuum valve, so sewage can flow by gravity from the unit or units to the vacuum sewage
collection line (vacuum valve) that the utility has provided in the public right-of-way.
Properties with an estimated sewage flow exceeding 1,000 gallons per day were provided with a
means of connection, some with buffer tanks and some with a vacuum main stub for the property
owner to extend a vacuum system on to his property. Note that Ordinance No. 04-2000 requires
the utility to provide sewerage facilities within the public right-of-way so that the property or
establishment can connect. However, the ordinance does not require the utility to provide
sewerage facilities that would allow the property or establishment to connect to the utility system
by gravity flow. The buffer tank or vacuum main connection within the public right-of-way
accomplishes this and meets the ordinance requirement.
Exhibit 1 shows that Alternative 1, vacuum system within private property, is the least costly for
most of the properties, both for properties with a large number of units as well as for properties
with a small number of units. With the exception of Boyd's Campground, there are several
properties with a large number of units for which the vacuum alternative is the least costly
overall (total cost — Utility and property owner inclusive). And, this option is no more costly to
the property owner for his share, than the second least costly practical alternative (typically
upgrading their gravity system) even if the utility were to provide and pay for facilities within the
public right-of-way (either a force main -Alternative 3-or a series of vacuum valves with
controlled releases from the gravity system -Alternative 2). In addition, if these property owners
chose to pursue the least costly alternative (a vacuum system) within their property, their O&M
costs would be reduced, if they also transferred ownership of the vacuum collection system
through an easement.
It is interesting to note that Exhibit 1 shows Alternative 1 is not the least costly connection
alternative for Roy's Trailer Park and Harbor Shores. For Roy's Trailer Park, the pump station
and force main (Alternative 3) is the least costly connection alternative, and is the alternative that
has been implemented. Likewise, for Harbor Shores, the gravity system with controlled releases
11
to vacuum valves (or buffer tanks) within the public right-of-way is the least costly alternative,
and is the alternative that has been implemented.
For properties with a small number of units, and neglecting property lines, Alternative 1 is the
least costly and Alternative 4 is the second least costly. However, Alternative 4, where it is
practical, could be the least costly to some property owners by a small margin, if the utility were
responsible for the cost of the vacuum valves within the public right-of-way (identified as
Alternative 4A for purposes of this discussion). Because this is a deviation from what KWRU
provided, this was investigated further during the last several meetings with KWRU, particularly
during the last full -day meeting and site visit on April 1.
Further investigation of Alternative 4A shows the following:
Because of different property configurations for properties with a small number of units,
implementing Alternative 4A is not always possible for properties with the same number
of units.
Implementing Alternative 4A is never possible for properties with a large number of
units.
How then does one then justify, from an equity viewpoint, requiring one property owner,
with either a small or large number of units, to pay for the cost of the vacuum valves
while another property owner with a small number of units has his vacuum valves paid
for by the utility?
Hence, because of equity issues, it is recommended that all properties with an estimated sewage
flow exceeding 1,000 gallons per day be required to provide all of their sewage collection
facilities, even vacuum valves that might be installed within the public right-of-way.
Because the Stock Island area is the most difficult area within unincorporated Monroe County to
establish a uniform connection policy, this evaluation has provided all of us with a more in-depth
knowledge of the issues that were addressed in the uniform connection policy which you are
likely to adopt at your next BOCC meeting.
Please let me know if you have any questions or need additional information
Sincerely,
CH2M HILL
Kenneth F. Williams, P.E.
KFW/jbw
Attachments
12
cc: Tim McGarry/Monroe County
Dave Koppel/Monroe County
Bill Smith/KWRU
Doug Carter/KWRU
Jeff Weiler/Weiler Engineering
Ed Castle/Weiler Engineering
13
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Attachment 2
Key West Resort Utility — Revised Utility Agreement
Supported and Provided by the PSC
14
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ROSE, SUNDS' Rom & B►ENTLEY, LLP
2548 BLAnsTom Pwo Dim
TAUAERANO, FLORIDA 32301
(850) $77.6355
PAX (3$0) 6564039
www.roostiomays.com
lWI LFLolm. QMQR
600 S. Notm I.An BLvD., Sure 160
ALTANOM SPRINGS, PLORM 32*101
(407) 930.6331
FAL (407) 650-MZZ
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VAMU L. Low, Op COWOK
(Umum ar Zkvu O r)
March 19, 2003
Mr. Troy Rendelli �V%Q
Division of Economic Regulations 1
Florida. Public Scrvico Conu:aiwiom
2540 Shumard Oak. Boulevard
Talla a sb=, FL 32399-0550
�pA1Mt�D�
Re: K.W. Resort Utilities Corporation; 1�.' LtuC S�R`11
Harbor Shores Utility Agreement
Our File Np. 34000.02
Dear Troy:
Pursuant to your letter of March 13, 2003, attached please find a markup of the Wity
Agreement by and between K.W. Resort Utilities Corp. and Harbor Shores Condominium Unit
Owners Association Inc. I believe we have addressed the revisions identified in your letter, although
in some cases in a manner different from that suggested. Once you haire had an opportunity to
review this draft, please give me a call to discuss this matter further.
Siocerely,
John R. Jed
For The Firm `
JRJ:wjl
cc: Mr. Doug Carter
William Smith, Esq.
Ralph Jaeger, Esq.
KW ResorWmde110319031tr
CJJi Lar GUUJ 1J. J.J 1OJCI`.1 Aou I , __ f --- u..
1 - 1 6' ft
TSIS UTILITY AGREEMENT ("A,gm=ent"). dated as of theday of March.
2003, by and between No 3yest Resort , Utilities a Florida corporation, havi its office(s) at
College Road_ Key Wrst Florida 33040, ("Service Company") and, IZarbor Shurus Condominium
Unit Owners Association Inc., (Harbor Shoves), having its office(s) at 6800 Malon2v Ave.. Kv e
W�.l''lorida33040. ("Devcluper"). ��
R F,CiTarc
A. Developer is the owner of certain zeal property more particularly described on EA&
"A", attached hereto and made a part hereof (the "Property"). it
B. Developer proposes to construct, own, operate and maintain sewage collection system
on the PrnprTty to service new construction located an the PropaLty.
C. Senrico Comp&xy awns, operates, manages and controls a Central Sewage System
and is willing to provide sanitary sewer services pursuant to this Agreement.
D. Developer requests that Service C_.ompany'provi.de central, wastowatcr service to the
Property as indicated on the plans prepared by Weiler Engineering for The South
Stock.Iclaud 3cwcr c%pansion. (Copy of plan sheet included as an exhibit).
NOW, THEREFVRE, in consideration of Ten Dollars ($10.00), and the mutual covenants
and agreements hereinafter set forth, and intending to be legally hound thereby, it is agreed as
follows:
1. Deft itions
"Business Day" - shall mean any day of the year in which commercial beaks are not required
or authorized to close in New York, New York.
"LApLtY Reservation Fee" - as such term is defined in Section S % hereof
e t " - shall mean the central collection, transmission, treatment and
disposal system and appurtenant facilities owned and operated by the Service Company,
"Connecti " -as such term is defined in Section -S 6 hereof.
— a.V' _V , you iroi• -a+.ac taw
UCUstom..' - shall mean an}r residential or commemial, rnstomer of Service Company.
I(Egi iv lent Residential Connectiongs - (ERC); shall be defined &y vuc inciividu.al residential
connection or, for commercial and other uses, the estimated flow based on the use and
Chapter 64E-6 F.A.C., divided b;' the most recently approved "Capacity Analysis" rate per
residential connection (currently 244250 gallons per day per residential ennnectiou).
"Plans an.d SRrd6Q.ations" -as such term is defined in Section, hereof.
"Point of Dolivcly" - alAall uic4n the point where the Central Sewage bvstem connects to the
pipes of the Customer, or as determined by Service Company when the -on -site System is not
conveyed to Service Company.
"=" = as such term is defined in the Recitals hereof.
"PMCM IM-1 bons" or "System" - shall mean any service lines located on individual lots
or parcels of the Property or to buildings located on the Property that connect to the Central
Sewage System, and may include facilities located outside the Properry; required to be
installed by Developer, to connect facilities ou the Property to the Central Sewage System.
"Service CoUnpanv's Affiliates" - shall mean any disclosed or undisclosed OfEcer, director,
employee, uustvv slauthvlder, partner, principal, parent, subsidiary or other affiliate of
Service Company.
"Tarifr - shall mean Service Comrat'y'a rxi.sting and future schedules of rates and charges
for sewer service.
Z. New System Constrvction
(a) Prior to the construction and installation of the System, Developer shall, at its sole
cost and expense, cause to be prepared and provide to Service Company plans and
sproificatiors of the system ("Plans and specifications'), which Plana and
Specifications shall be prepared by engineers reasonably acceptable to Service
company, and ui i "vurdance with all policies and practices of Service Company and
all applicable laws and regulations and standards adopted by the Department of
Environmental Protection and Monroe County.
(b) Service Company shall approve or disapprove of the Plans and Specifications within
�— -1. -1-- -... I- i JV11G i .OV rro�_ rHkat F»
thirty days (30) of receipt thereof by written notice to Developer
(v) Upun Dcvcluper'S receipt of Service Company's written notice of disapproval of ttie
Plans and Specifications. Developer shall promptly re«se the Plaits and
Specifications in accordance with any requirements set forth by Service Company
in its written notice of dicappmvAJ, arO rr,-submit such revised Plan and
specifications to Service Company for approval or disapproval. Service Company
shall approve or disapprove of any revised Plans and Specihcatiuub wish uvc (5)
business days of receipt thereof by written notice to Developer.
(d) Upon Developer's receipt of Service Company's written notice of approval of the
Plans and Specifications, Developer may proceed with the construction and
installation of the System. Developer shall notify Service Company seventy-two
(72) hours prior to beginning construction. All work shall be completed and
inspected by licensed and insured contractors and engineers reasonably acceptable
to Service Company. In accordance with Chapter 62-604 F.A.C., Developer shall
provide, at its sole cost, a Professional Engineer Registered in Florida to provide on -
site observation during construction and tprti.n.g and to certify that the System is
constructed in compliance with the approved Plans and Specifications. All materials
employed by Developer for the System shall be reasonably d;c;optublC to Service
Company. No portion or element of the System shall be covered or concealed until
inspected by Service Company. Developer shall notify Service Company of
Developer's readiness for inspection of the System and Service Company shall
inspect the System ,%rifain two (2) business days after each such notice. Any portion
of the System not inspected by Service Company within scud time period shall be
deemed to have been accepted by Service Company. In the event that Service
Company determines through any such inspection that any portion of the System
does not fully comply with the Plans and specific conditions or applicable laws and
regulations, Service Company shall notify Developer in writing of such,
noncompliance not more than two (2) Mtai.nesC days after any such inspection and
Developer shall immediately modify the System to insure that the System fully
complies with the Plans and Specifications and applicable laws aucl Aceulxtium.
(e) In the event Service Company discovers that any portion or element of the System
has beer installed, covered or concealed without the prior approval of Service
Company, Developer shall, upon written demand by Service Company, immediately
dismantle or excavate such portion of the System at its sole coot and expeme.
3• Sy�IC �CCCUl'iY
Prior to Service Company's acceptance of all or any portion of the System for service,
rAut Uo
operation and maintenance or for se vico only, Dcvcloper shall deliver the follovwiug records
and documents to Service Company.
(a) Copies of all invoices and/or contracts for the construction and installation.
(b) An affidavit signed by the Developer stating that there are no parts or portions of the
System which are not included in the invoices and contracts noted in subsection (a)
abuyc' that said uivvkL and uuntracts accurately and fully reflect the total cost of
the System and that the System is free and clear of all liens and encumbrances.
(c) Lien waivers from all contractors, subcontractors, material people, and any Other
parties that provided labor, services or materials in connection witia the construction
of the System.
(d) A reproducible Mviar and two (z) sets of blue doe copies, accurately depicting all of
the System as constructed and installed, and signed and sealed by the engineer and
surveyor of record for the System.
(e) Copies of the -results of all tests conducted on the System.
(f1 Any other records or documents required by applicable law oA required under the
Tariff.
(gi A certificate of completion of the System signed and sealed by the engineer of record.
(h) A copy of the Department of Environmental Protection permit to construct the
System and all inspection reports and approvals issued by the Engineer and the
Departrnera of Euvironmental Protection and any other applicable governmental
authority or agency.
(i) Developer shall furnish a one (1) year written warran.ry and a one (1) year
"ka"e"luc build, 9"t'iug Scrvivt: Company against any defects in rnateriais
and workmanship of the System for the period of one (1) year after the date of
acceptance of the System by the Service Company,
U) A bill of sale, in recording form, conveying ail right; title and interest in and to the
System, to Service Company free of any and all liem and cncumtraaces for that
portion of the System located on the Sendce Company side of the Point of Delivery.
PAGE 07
4.al�t;
In those cases in which Service Company accepts all or any portion of the System for
service, operation and maintenance, Developer shall convey the following property rights
and interests for that portion of the System to Service Company:
(a) A non-exclusive easement, in the form attached as Exhibit `S", ;For that portion of the
Propmity of sufficient b4c; to ciinblt Service Company ingress and egress and to
operate, maintain and replace such portions of the System not located within public
rights -of -way. The foregoing easement shall be in effect for a period of time not less
than the period during which the Service Company shall use the System to provide
service to Customers.
(b) A non-exclusive easement, in the form attached as Exhibit "$", of sufficient size to
enable ingress, egress and access by Service company personnel or vehicles to any
lift or pump station located on the Property. The foregoing easement shall be in
affect for a period of time not less than the period during which the Service Company
cball. nrn the, Systeim to provide service to Customers.
(c) Notwithstanding the foregoing ofto icnLs, Developer retains all rights and privileges
to utilize the Property in any manner it deems appropriate provided such use is not
inconsistent with the purposes intended for such easements.
S. Existing S vstems
Developer may connect an existing gravity or low pressure system ("Existing System") to
Service Company's vacuum system provided the Existing System meets the following
criteria:
(a) The .P.xi:StirZ SystMU mast meet all county plumbing codes and have in full foree and
effect a Department of Envirozunental Protection permit to operate said system, if
required by Dcpart ncnt of EnviiomxacuW ptvtcutiuu. De"loper agrees to maintain
said permit if any, at it's cost and expense.
fb) The Existing Systems must be free from any intrusion of water from grolmd or q„r-f�c...e
resources.
(c) Developer mast make a non-refundable deposit with Service Company of $ to
pay for the inspection and testing of the Existing System by 5mrvice Company's
agents and engineers.
(d) Provision for Existing Systems requiring hydraulic lift to Right -of -Way — The
Developer, at its discretion, may propose to utilize an existing gravity system that
delivers sewage flows to the County Right -of -Way via a hydraulic system with the
following conditions: Total flow from any one source that is delivered via hydraulic
assistance shall not exceed 3 GPM. Where an Existing System proposes to transmit
flows in excess of 3 GPM, the Existing System must be designed with multiple
output points not to exceed 3 GPM each to be separated by a horizontal distance of
100 -feet ut _WGnlct• m measured along the Service Company's vacuum amain. The
Developer's hydraulic system must be configured with an electronic shut-off to
ensure that flows do not continue during an emergency failure of the Service
Company's vacuum system. The Developer agrms to maintain a gravity system that
does not incur excessive amounts of infiltration and inflow (71I). An excessive
amount ofIlI is defined as flows exceeding 15VXr ofthr, dV=-,tSz tidily flows fbr a 12-
hour period. The utility reserves the right to discontinue ser% ice to the Developer in
the event that the utility determines that excessive amounts of I/I are being received
from the Developer.
(e) Tn the evrat that an Existimg System, after connection to the Central Sawagc System,
needs repair (other than non -emergency repairs) then Developer agrees to make said
repairs within 30 daya of nudce by Service Company. In the event of #allure by
Developer to make repairs to its system within said time period then Service
Company shall be permitted
WPOR
. to discos into
service to the Existing gym,.
In the event of the need for emergency repairs to an Existing System, Service
Company shall be authorized to make said repairs (but shall not be obligated) and
upon presentation of a bill to Developer for said repairs said bill shall be ixwnediately
due and payable.
(f) Developer a8Lom Lu pruvidt; Service Company with:
(1) a copy of its Department of Environmental Protection Permit, if required;
(2) a survey accurately depicting the location of the Existing System as
conc;txueted and installed and signed and eca.lcd by a survuyur; and,
Service Company shall have the right, but not the obligation, to accept ownership of the
Btsting System. Should Service Company accept ownership, Developer shall comply with
the Property Rights requirements set forth in § 4 herein..
Upon acceptance by service Company Developer agrees that Service Company, or its
agents, shall have access at all reasonable hours to the Existing System on the Property for
the purpose of inspection, repair, meter reading, disconnecting service, reconnecting service,
and in doing so will not be liable for trespass. This shall include the right of access to areas
outside individual units on the Property.
(a) All Customers will pay the applicable fees, rates and charges as set forth in the Tariff.
Noting contained in this Armt shall serve to prohibit Service Compatay's right
to bill or collect its rates and charges from Customers, nor to require compliance with
any provision of its Tariff.
(b) Developer shall pay to Service Company a reservation fee ("Capacity Reservation
Fee"), in the amount of Two Thousand Seven Hundred ($7,700.00) dollars per
E.R.C.connection to be reserved by Developer to serve the residential or commercial
structures to be eonst=ted in or upon the Property (individually, d "Connection",
collectively, the "Connections").
4,40
Prior to execution of this agreement, Devcloper shall
supply Service Company access and information necessary to determine number of
ERC's proposed. Infoi nnatioL way include plans, occupational licenses, etc. tbr:
70 Single Family Homes 70 ERC's
2000 sf of Office Space 1.46 RRC"s
Total 71.46 FRC's
(c) The Capacity Reservation Fee for each connection shall be payable by Developer to
Service Company as follows:
(i) 1/3 ($64,314) upon execution of this agreement
(ii) 213 ($128,628) upon connection of the lust house or office building to the
ayatcm
(d) In the event of additional development on the property or a change in use Developer
shall provide Service Company with a site plan and crhedule of proposed
development of the Property setting forth the amount of Connections for which
Capacity shall, be additionally rcaerve3 under this Avamucnt. Service Company
hencby agrees to reserve such capacity for the benefit for Developer subject to the
provisions of this Section 3 ¢, provided, however, that such reservations shall not be
effective until Service Company has received the initial installment of the Capacity
Reservation Fee in accordance with Section b hereof, and provided, further,
that Smvice. C.ampany shall have the right to cancel such reservations in the cvcnt of
Developer's failure to comply with the terms of this Agreement. In the event there
is additional watra Lwagc uver and above the amount reserved in paragraph 6b
above, (based on an annual review) the developer shall remit additional capacity
reservation fees to Service Company 30 days after notice by Service Company of
additional fees due.
(e) Developer shall reirnburse Scrvicc Company for cngiucraiug scrvices and applicable
administrative fees nec--ssary to review and approve construction plans and
documents and for periodic inspection during construction and testing.
{fl In the event of default by Developer and the payment of fees hereunder, Service
Company may cancel this agreement by giving 30 (thirty) days writtcn uoticc of
default Pad retain all payments hereunder as liquidated damages.
(g} Developer agrees that in the event of a change of use or any change that might affect
the flows (Le. Addition of a restaurant) Service Company will be notified and the
applicable Capacity Reservation fees will be paid prim to discharge to the Central
Sewage Systemr.
7. Absolute Conveyance
Developer understands, agrees and acknowledges that Developer's conveyance of any and
all easements, real property or personal property (including, without limitation, the System),
or payment of any funds hereunder (including, without limitation, the Capacity Ztcscrvat ou
Fee and Connection Charges); shall, upon acceptance by Service Company, be absolute,
complete and uuquali.G4 dud that ueither Developer nor any parry claiming by or through
Developer shall have any right to such easements, real or personal property, or funds, or any
benefit which Service Company may derive from such conveyance or payments in any form
or manner.
S. Deiivery of Service Opera 'on and Maintcna ce
(a) Upon Developer's full performance of its obligations under this Agreement, Service
Company shall, provide service to the point of Delivery in accordance with the terms
of this Agreement, all applicable laws and regulations .aad shall operate and maintain
the Central Sewage System to the Point of Delivery in accordanm with the terms and
provisions of this Agreement. Said service shall be provided on or about September
30th, 2003.
(b) Developer shall, at its sole cost and expense, own, operate and maintain any part of
tb., System that has not been conveyed to Service Company pursuant to the terms and
conditions of this Agreement.
(c) Developer acknowledges that certain water quality standards must be met prior to
juilueat entering the wastewater treatment plant (primarily chloride levels and
excessive flows) and agrees to allow Service Company to monitor flows and water
quality at Service Company's discretion at a point on the Developer's side of the
Point of Delivery. If it is determined that substsaadard influent or excessive flows are
entering the Central Sewage System via Developer's System, Developer agrees to
isolate the source and to repair or replace the portiun or purLium of Lhc fwAty Systow
in a manner acceptable to Service Company in accordance with this agreement.
(d) Tn the event any portion of the Property is developed as a condominium, the
condominiums association shall be required to execute a maintenance agreement with
rwpact to any portion of the Syatcm not conveyed to Service Company. Such
maintenance agreement shall provide that if the condominium association fails to
adequately maintain and repair the System, Service Comspauy shall have the right to
maintain and repair such System at the sole cost and expense of the condominium
association.
(e) In the event Developer utilizes valve pits and a vacuum provided by Service
Company, force maim or low pressure 5ysium aria ax sawc is lucatod oil the PxopeLty
and not in the public Right -of -Way, then Developer shall be obligated to maintain
said system. Developer agrees to employ maintenance personnel approved by
Service Company to operate said system and to pay for said service. The estimated
cost for said service for valve pits and a vacuum system is $2 per EEC per mouth
which may vary dcpcnding upon contractor'„ coat to provide said service.
9. Regair of System
In the event of any damage to or destruction of any portion of the Central Sewage System
due to any acts or omissions by Developer, any Customer or their respective agents,
representatives, employees, invitees or licensees, Service Company shall repair or replace
such damaged or destroyed 14uilhic5 at the sulc Lost and expense of Dew ejepoe-responsible
DAY
rHaG 14
Developer shall operate, maintain and repair all Other portions of the
System not conveyed to Service Company at its sole cost and expense.
10. JIM
This Agreement shall become effective as of the date first written above, and shall continue
for so long as Service Company provides sewer service to the public.
11. Default
In the event of a default by either party of its duties and obligations hereunder, the non -
defaulting patty shall provide written notice to the defaulting party specifying the nature of
the default end tbe- defanl.tinZ party shall have five (5) days to titre any default of a rmonetacy
nature and thirty (30) days for any other default. If the default has not been cured within the
applicuable period (time being of the essence), the non-deiaulti4 patty ULall be cutiLlod Lu
exercise all remedies available at law or in equity, including but not limited to, the right to
damages, injunctive relief and specific performance. Service Company may, at its sole
option discontinue and suspend the delivery of service to the System in accordance with all
requirements of applicable law anal the Tariff if Developer fails to timely pay all fees, rates
and charges pursuant to the terms of this: Agreement.
12. Excuse UQm Performance
(a) Force Maieure. If Service Company is prevented from or delayed in performing any
act required to br prrfnmumd by Srrv�irr. Company hr , mder, and such prevention or
delay is cased by strikes, labor disputes, inability to obtain labor, materials or
Nuiprueut, storms, em-thquakes, electric power failures, laud subaid , au(s Uf Cixl,
acts ofpublic enemy, wars, blockades, riots, acts of armed forces, delays by carriers,
inability to obtain nights -of -way, acts of public authority, regulatory agencies, or
courts, or any other cause, whether the same kind is enumerated herein, not within
the control of Service Company (Torte Majeure", the performance of such act shall
be excused for a period equal to the period of prevention or delay.
(b ) Governmental Acts If for axay reason dt:ring the term of this Agree ent, other than
the fault of Developer, any federal, state or local authorities or agencies fail to issue
necessary permits, grant necessary approvals or require any change in the operation
of the Cemtral SpwaEre SyctPm nr the System ("Govemmenta.l Qrtc") tbrm to tbP
extent that such Governmental Acts shall affect the ability of any party to perform
any of the tenus of this Agreement in whole or in part, the affected parry shall be
excused from the performance thereof and a new agreement shall' be negotiated, if
possible, by the parties hereto in conformity which such permits, approvals or
V.Jr VI 6VVJ mod. Jr , --- --
requirements. Notwithstanding the foregoing, neither Developer nor Service
Company shall be obligated to accept any new agreement if it substantially adds to
its burdens and obligations hereunder.
(c) Emergency Situations Service Company shall not be held liable for damages to
Developer and Developer hereby agrees not to hold Service Company liable for
damages for failure to deliver service to the Property upon the occurrence of any of
the following events:
1. A lack of service due to loss of flow or process or distribution failure;
2. Equipment or material failure in the Central Sewage Systeni or the System,
including storage, pumping and piping provided the Service Company has
utilized its best efforts to maintain the Central Sewage System in good
operating cozdition; and
3. Force Maj cure, unforeseeable failure or breakdown of pumping, transmission
err other facilities, any and all governmental requirements, acts or action of
any government, public or governmental authority, commission or board,
agency, agent, official or officer, the enactment of auy statute, ordinance,
resolution, regulation, rule or ruling, order, decree or judgment, restraining
order or mj=ction of any court, including, without limitation, Govemmental
Acts.
(d) Notwithstanding any excuse of performance due to the occurrence of any of tlu
foregoing events, Developer shall not be excused from payment of any fees, charges
and rates due to Service Company wiLlm the iron ua ur this Agre=ient (including
without limitation, the Capacity Reservation Fee and Connection Charges).
13_ Suttee ore and Assigns
Thus Agrocnient and the eaaamcuts granted hereby, shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
14. Ilidem ' cation
Developer shall indemnify, defend and hold Service. Cnmpsny anti Service Company's
Affiliates harmless from and against any and all claims, demands, causes of action, losses,
damages, liabilities, vests and-tVasguablc expenses, imludiuog, without limitation, attorneys'
fees and disbursements, suffered or incurred by Service Company or any of Service
Company's Affiliates and arising out of or in connection with use, occupancy, or operation
U.7/ /0/ Z-U✓JJ 1.7. JJ lOJCl •t1J i J.Qu 1 i -- •-- —
of the System, the Property, or the activities_ esrrars, or nx7niasinns nf Develnper, its agents,
employees, servants, licensees, invitees, or contractors on or about the Proparty,mrsuant to
terms and condildous of 116 Ate. Developer's duty to indemnify shall also includc,
but not be limited to, indemnification from and against any fine, penalty, liability, or cost to
Service Company arising out of Developer's violation or breach of any law, ordinance,
,governmental regulation. *his Agreement requirement or permit applicable to the System or
Developer's activities on or about the Property. The provisions of this Section 13 shall
survivc the termination of this Agreement. Developers civil engineering firm shall maintain
"errors and omission' insurance in an amount of $1,000,000.
15. Iance
Far ug,to one }year following conyMance 2f the 5vsIlM to SP ".0'. CMITO s v T)evel.f prr Ahali
maintain or cause to be maintained
a policy of cuuuucuuiid rrmetal liability innuance with a broad fora
contractual liability endorsement covering Developer's indemmification obligations contained
in this Agreement, and with a combined single limit of not less than $1,000,000 general
liability, ;»curing Service Company and Service Company's Affiliates, as additional insured
in such forms and with an insurance company reasonably acceptable to Service Company,
and shall deliver a copy of such, insurance polioy together with a certificate of insurmice to
Service Company prior to or upon execution of this Agreement. All such insurance shall be
written on an "occurrence form".
•�f_ ••iotat df. • .t,- •r Mlyf. 1C• �Jlf_• l•l t
op
tt • t .� 1 1 i • . • I Z • •
16. NOVces
All notices, demands, requests or other communications by either party under this Agreement
shall be in writing and sent by (a) first class U.S. certified or registered mail, return receipt
requested, with postage prepaid, or (b) overnight drJivery Rewire nr nnim r, nr (c)
telefacsimile or similar facsimile transmission with receipt confucmed as follows:
12
GJl LO/ LGGJ 1J. JJ lOJV��., r iOv `+� ^•^- --
If to Service Company.
17.
With a copy to:
If to Developer:
Mr. Doug Career, General Manager
6450 Junior College Road
Key West, Florida 33040
Fax ('105) 294-17.17
Mr. Jeff Weiler, P.E.
Weiler b ginwring
20020 Veterans Blvd.
Port Charlotte, Florida 33954
Fax (941) 764-8915
Kurt Reiter
Harbor Shores
SR00 Maloney Ave
Key West, Florida 33040
This Agreement is subject to all of the terms and provision of the Tariff. In the event of any
conflict between the Tariff and the terms of this Agreement, the Tariff shall govern and
control.
18. NWcellaneQus Provisions
(a) This Agreement shall not be altered, amended, changed, waived, terminated or
otherwise modified in any respect or particular, and no consent or approval required
pursuant to this Agreement shall be effective, unless the same shall be in writing and
signed by or on behalf of the party to be charged.
(b) All pnor statements, understandings, representations and agreements between the
parties, oral or written, are superseded by and merged m this Agreement, which alone
fully and completely expresses the agreement between them in connection with this
transaction and which is entered into after full investigation, neither party relying
upon any statement, understanding, representation or agreement made by the other
not embodied m this Agreement. This Agreement shall be given a fair and
reasonable construction in accordance with the intentions of the parties hereto, and
without regard to or aid of canons requiring construction against Service Company
1:3
03/28/2003 15:3J idO641-Delou rrz,�,
or the party drafting this Agreement.
(c) No failure or delay of either parry in the exercise of any right or remedy given to sucl,
party hereunder or the waiver by any party of any condition hereunder for its benefit
(unless the time specified herein for exercise of such right or remedy has expired)
shall constitute a waiver of any other or further right or remedy nor shall any mnp),e
or partial exercise of any right or remedy preclude other or .ttrther exercise thereof
or any othor right or romody. No weivor by either party of any breach hereunder or
failure or refusal by the other party to comply with its obligations shall be deemed
a waiver of any other or subsequent breach, failure or refusal to so comply,
(d) This Agreement may be executed in one or more counterparts, each of which so
executed and delivered shall be deemed an original, but all of which taken together
shall constitute but one and the same instrument. It shall not be necessary for the
sanic W uritmptu t ur this Agrcmuc It to be executed by 41 of the parties hereto.
(c) Each of the exhibits and schedules referred to herein and attached hereto is
incorporated herein by this reference.
(f) The caption headings in this Agreement aro for converxicncc only and are not
intended to be a part of this Agreement and shall not be construed to modify, explain
or alter any of the terms, covenants or conditions herein contained.
(g) This Agreement shall be interpreted and enforced in accordance with the laws of the
state in which the Property is located without reference to principles of conflicts of
laws In the event that the Florida Public Service commission loses or relinquishes
its authurity lu rcgulata Scrviut Gumpariy, thou all mforemces to such regulatory
authority will relate to the agency of government or pclihoal subdivision imposing
said regulations. If no such regulation exists, then this Agreement shall be governed
by applicable principles of law.
(h) Each of the parties to this Agreement agrees that at any time aftcr the cxcoution
hereof, it will, on request of the other party, execute and deliver such other
documents and further assurances as may reasonably be required by Such other party
in order to carry out the intent of this Agreement.
(i) If any provision of this Agreement shall be unenforceable or invalid, the same shall
not affect the remaining provisions of this Agreement and to this end the provisions
of tkib Agreement are hiteuded to be and shall be ucvciod. Nulwithbtanding the
foregoing sentence, if (I) any provision of this Agreement is finally dotermined by
a court of competent jurisdiction to be unenforceable or invalid in whole or in part,
1.4
Oj/'ebf Lbb.i It): 'IOOU41.Df lou I I "v f r, lL L
(ii) the opportunity for all appeals of such deterniiandou Lave cxpiracl, and (iti) such
unenforceability or invalidity alters the substance of this Agreement (taken as a
whole) so as to deny either party, in a material way, the realization of the intended
benefit of its bargain, such party may terminate this Agreement within thirty (30)
days after the final determination by notice to the other. If such party so elects to
terminate this Agreement, then this Agreement shall be terminated and neither party
shall have any f►uther rights, obligations or liabilities hereunder, except for any
rights, obligations or liabilities which by this specific terms of this Agreement
survive the termination of this Agreement.
rlr ■. 96 r r r • �, r �, 1. rir r . YY Y ■ . . ... ,l H. r
r. \ r Y ■_ ar_ ■ ,r w_ 111 MM w w ■ ►_tAw r ■••
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IaMAN-------------
Y • l I N• ■. ■a �•. ,,� Y r • Y ,
i.l In the event of any litigation arising out of or connected in any manner with this
Agreement, the non -prevailing party shall pay the costs of the prevailing party,
including its reasonable counsel and paralegal fees incurred in connection therewith
through and including all other legal expenses and the costs of any appeals and
appellate costs relating thereto. Wherever in this Agreement it is stated that one
party shall be responsible for the attorneys' fees and expenses of another party, the
same shall automatically be deemed to include the fees and expenses in connection
with all appeals and appellate proceedings relating or incidental thereto. This
subsection (4) W shall survive the termination of this Agreement.
Awl
kaj This Agreement shall not be deemed to confer in favor of any third parties any rights
whatsoever as third -party bcncficinrica, the parties hereto iimtmduig by the provisions
hereof to confer no such benefits or status.
Developer agrees that Service Company may, at its sole discretion, require certain
allocations to the proposed collection and transmission systems for future
15
03/28/2003 15:33 idOU41JilOt7 rrz,�, y�
eonnoctions. Acvcloper fiuthcr agrees thitt SCrvicc Company may, at its sole
discretion, extend the sewer line ;for any reason. It is understood that there will be
no reimbursement or additional credit.
IN WITNESS WHEREOF, Service Company and Developer have executed this
A8reernent zs of the day and year first above written.
SERVICE COMPANY:
Key West Resort Utilities Corporation
By:
Print Nance:
Title:
Address: Key West Resort Utilities
Corporation
6450 Junior College Road
Key West, Florida 33040
STATE OF FLORIDA }
) ss:
COUNTY OF MONROE )
DEVELOPER;
Harbor Shores Condominium Unit
(-wners Association, Jmc.
By:
Print Nauic,
Title:
Address: Harbor Shores Condominium Unit
Owners Association, Inc.
6800 Maloney Avenue
Key West, Florida 33040
The foregoing instrument was acknowledged before me this day of 200_, by
as , a
Florida corporation, on behalf of said corporation. Heishe is personally known to me or who hag produced
as identification.
My Commission Expires:
STATE OF FLORIDA
) ss:
COUNTY OF MONROE )
The foregoing msmzment was acknowiedged before me this day of , 200_, by
, as a
Florida corporation, on behalf of said corporation. He/she is personally known to me or who has pmduced
as identification.
My Corrux fission Expaes:
1 -i
Attachment 3
List of Meetings
15
Actions Since January BOCC Meeting
Meetings
1. 23 January 2003 — Internal staff meeting
♦ George Garrett
♦ Dave Koppel
♦ Ken Williams
2. January 2003 — Meeting with Boyd's Campground
♦ George Garrett
♦ Ken Williams
♦ Danny Hamilton
3. 10 February 2003 — Meeting with KWRU
♦ George Garrett
♦ Dave Koppel
♦ Ken Williams
♦ Doug Carter
♦ John Johnson
♦ Chris Johnson
♦ Ed Castle
4. 17 February 2003 - Teleconference with Public Service Commission staff
♦ Ralph Jeager — PSC staff
♦ Other PSC staff
♦ Tim Keonig — Coral Hammock
♦ Danny Hamilton — Boyd's Campground
♦ Fred Scomp — Hurricane Hole Marina
♦ Representative ??? — Carlisle Group
♦ Representative ??? — Property/Project ???
♦ Commissioner Nelson
♦ George Garrett
♦ Ken Williams
5. 18 February 2003 - FKAA Meeting
♦ George Garrett
♦ Ken Williams
♦ Jim Reynolds
♦ Jack Teague
♦ Ray Shimokubo
16
6. 26 February 2003 — KWRU Meeting
♦ George Garrett
♦ Dave Koppel
♦ Ken Williams
♦ Jack London
♦ Doug Carter
♦ Jeff Weiler
♦
Ed Castle
7. 7 March 2003 — KWRU Meeting
♦
George Garrett
♦
Dave Koppel
♦
Ken Williams
♦
Jack London
♦
Doug Carter
♦
Jeff Weiler
♦
Ed Castle
8. 17
March 2003 — KWRU Meeting
♦
George Garrett
♦
Ken Williams
♦
Jack London
♦
Doug Carter
♦
Jeff Weiler
♦
Ed Castle
9. 31
March 2003 — KWRU Meeting
♦
George Garrett
♦
Ken Williams
♦
Jack London
♦ Doug Carter
♦ Jeff Weiler
♦ Ed Castle
Telephone Communications
Ralph Jaeger — Public Service Commission
Doug Carter — Key West Resort Utility
Jeff Weiler — Weiler Engineering
John Johnson — Weiler Engineering
17
Danny Hamilton — Boyd's Campground
Tim Koenig — Coral Hammock
Diana Moore — Harbor Shores Condominium
Kim Wigington — Harbor Shores Condominium
Ray Scomp — Hurricane Hole Marina
Isabelle Sherman — Roy's Mobile Home Park
Carol Lee McReynolds — Water's Edge