01/21/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 17, 2004
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Administrative Assistant
Public Works Division
FROM:
Pamela G. Hancoc~
Deputy Clerk U
At the January 21, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement between Monroe County and KW Resort
Utilities Corp. to connect the sewage system for the Stock Island Fire Station.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator wlo document
County Attorney
Finance
File ./
P. O. Box 2125 6630 Front Street
Key West, Florida 33040
Telephone: (305) 295-0309 Fax: (305) 294-1212
AGREEMENT FOR K. W. RESORT UTILITIES CORP. W ASTEW A TER SERVICE
(RESIDENTIAL / COMMERCIAL LESS THAN 1000 GALLONS PER DAY)
AGREEMENT
THIS AGREEMENT is made on this the 21 s t day of January
,20104
(the "Plumber"), State of Florida / Monroe County / City of Key West License Number
and Monroe County Board of County Commissioners. ~ (the "Owner").
WITNESSETH
by and among the K.W. Resort Utilities Corp. (Utility),
WHEREAS, the Utility is in the process of constructing and/or re-routing sewer mains in the public right of
way throughout Stock Island, Florida; and
WHEREAS, a lateral connects a home or a commercial property with sewer flows under 1000 gallons per
day to a sewer main and is to be located on the homeowner's private property; and
WHEREAS, the Owner desires that the Plumber be engaged to install new laterals in
the Owner's property in order to connect to the sewer main;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:
1. The Property address requesting service is Volunteer Fire Station. 2nd St. and MacDonald Ave Key West FL
33040.
2. The Owner's address is Clerks Office (attention finance) 500 Whitehead St. Key West FL 33040.
3. The Licensed Plumber and the Owner agree that the Plumber shall install laterals in the
Owner's property. If necessary, the Plumber shall undertake to abandon any existing sewer system beneath
Owner's property in order to facilitate the re-routing of sewer mains to the public right-of-way.
4. The costs of the installation and connection of the laterals shall be borne solely by the Owner. The cost of the
Plumber's work shall be paid by Owner directly to the Plumber.
Capacity Reservation Fee
Inspection Fee
Deposit Paid
Total Due
$ 2,700.00
$ ISO.oll
$TBD
$TBD
Plumber's Fee
5. The total anticipated cost of the installation of the laterals (including connection and impact fees) is
In the event the Plumber's final cost exceeds ten percent (10%) of the estimate contained in this paragraph,
the Plumber shall notify the Owner in writing, setting forth the reasons for such
additional cost prior to completion of work.
1
6. Payment Options for Capacity Reservation Fee:
a. The Owner must pay the Utility the entire cost ofthe Capacity Reservation Fee ($2,700 per EDU /
250 GPD) upon execution of this Utility Agreement, or
b. The Owner must pay five (5) percent of the Capacity Reservation Fee and execute a Consent and
Acknowledgment Agreement, delivering both to Utility upon execution of the Utility Agreement.
Owners who elect to finance the balance of the Capacity Reservation Fee will be required to execute a
Consent and Acknowledgment Agreement along with this Utility Agreement. The Consent and
Acknowledgement Agreement is undertaken in anticipation of the bonding of the Capacity Reservation
Fee. The Consent and Acknowledgment Agreement sets forth the Owner's agreement to comply with
the Wastewater Ordinance and acknowledges Owner's promise to pay the balance of the Capacity
Reservation Fee to Monroe County pursuant to annual Wastewater Ordinance Assessments that will be
levied by Monroe County for a period not to exceed twenty (20) years. The Wastewater Ordinance
Assessments impose a lien against the subject property and provide a vehicle for Owners to finance the
cost. Owner's electing to participate can expect to pay the remaining balance constituting ninety-five
(95) percent of the Capacity Reservation Fee over a period of approximately twenty (20) years plus
interest each year in the form of the Wastewater Assessment. To take advantage of the bond financing
program, the Owner must execute the Consent and Acknowledgment Agreement, which is attached to
this Agreement, in addition to paying the five (5) percent Capacity Reservation Fee.
7. The payment options referenced in paragraph six (6) are only options to pay the Capacity Reservation Fee and are
separate and distinct from monthly costs for sewer service, which remain the sole responsibility of the Owner.
The initial monthly Wastewater Fee is ~er month, Said monthly fee is adjusted annually by the Florida
Public Service Commission. +- Sja; ?~R.. 71Jo~J9,tJD bA tlo,vS
8. Each party to this Agreement shall be responsible for his, her or its own actions of negligence. As between the
Plumber and the Owner, the contract under which the Plumber is engaged to perform installation work shall
govern all issues of scope of services, payment, indemnification, insurance, etc. The Plumber agrees to hold
harmless and indemnify the Owner and the Utility, their respective agents, employees and invitees, as applicable,
for damage to property or injury to person caused by the Plumber.
9. The Owner and Plumber are responsible to obtain all proper local government and State permits, as applicable.
No work shall commence under this Aereement until permits are obtained and a Rep of KWRU is notified.
10. This Agreement constitutes the entire agreement among the parties. Any amendment or modification to this
agreement shall be in writing and signed by each of the parties.
......,
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IN WITNESS WHEREOF, the parties have entered this Agreement on the date first writt;\ aj3ve.~ r-
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PROPERTY OWNER S ANNE A. H nON
AS T~NY.cQU)lTY ATTORNEY
2 Date / / If '1 tf!. V
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ATTEST: