Item B10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 25.2006
Division:
County Administrator
Bulk Item: Yes
No --X-
Department: County Administrator
Staff Contact Person: Connie Cyr
AGENDA ITEM WORDING: Review of proposed legislation from Representative Ken Sorensen
authorizing teleconferencing attendance by the Monroe County BOCC to qualify for a quorum at
special meetings, and approval of a Resolution supporting the legislation.
ITEM BACKGROUND: Recent opinions of the Attorney General state that a quorum must be
physically present at a public hearing in order for action to be taken by the BOCC. However, workshops
and special meetings where no action is taken may be done by teleconference. Representative Sorensen
has prepared a local bill that would allow teleconferencing to constitute attendance for purposes of
qualifying a quorum for special meetings, for a one year trial period, and requests a resolution of
support to accompany it.
PREVIOUS RELEVANT BOCC ACfION:
BOCC directed staff to see if legislation could be passed to allow teleconferencing by Commissioners
for special meetings to constitute a quorum so that action could be taken at those meetings.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDA nONS:
TOTAL COST:
BUDGETED: Yes
NoL
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTB_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
!l1'uJnuu 7. Willi
-
(Thomas 1. Willi)
DOCUMENTATION:
Included
Not Required_
AGENDA ITEM # (3;/0
DISPOsmON:
Revised 2/05
Office of the County Administrator
Memorandum
To:
Representative Ken Sorenson,
Date:
December 14, 2005
~
'"
From:
Thomas J. Willi, County Administrator
RE:
Local Bill Allowing the use of Teleconferencing Technology for Public Meetings
The Monroe County Board of County CommiSSioners (BOCC) requests your support for a local bill
that would allow the use of teleconferencing equipment to be used to conduct public meetings,
Monroe County's geography as a 140 mile chain of Islands connected by bridges and Single road,
necessitates the use of this technology.
Recent Attorney General Opinions require a quorum to be physically located at the meeting location
for this technology to be utilized for meetings where official action and a vote of the respective
board are required. Use of this technology would not apply to the regular, monthly BOCC meeting
which rotate through the Keys; but rather to special BOCC meetings.
Monroe County would like to receive legislative approval under a one-year test program to allow the
use of this technology. The County would like to make the business of the County open to all
members of the community wIthout the need to drive up to 100 miles to attend a meeting.
The use of this technology would:
Allow greater public access and input by residents of the county regardless of the meeting
location or the location of the resident,
Allow members of the Board of County Commissioners to attend BOCC meetings held outside
their districts without the need to travel up to 100+ miles,
Save considerable salary and travel expenses by reducing the need for staff to travel and
attend BOCC meetings.
Staff research has shown that the only restriction to the use of this technology IS the quorum
requirement, Today's technological improvements make It easy to conduct a public meeting, In the
sunshine, where all members of the board can eastly be recognized by audiO and Video. All speakers,
remote as well as those at the meeting location, can participate fully in the discussion and have their
opinions heard,
Thank you for your consideration of this concept. Please contact me at 305-292-4441 if you should
have any questions.
FLO RIDA
H 0 USE
o F
R E PRE 5 E N TAT I V E 5
BILL
ORIGINAL
YEAR
1 A bill to be entitled
2 An act relating to Monroe County; providing definitions;
3 authorizing teleconferencing attendance by county
4 commissioners to qualify for a quorum at certain meetings;
5 requiring compliance with certain public meetings laws;
6 providing for future repeal; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. (1) As used in this section, the term:
11 (a) "Board" means the Board of County Commissioners of
12 Monroe County.
13 (b) "Special meeting" means a public meeting of the board
14 at which official action is taken, but does not include regular
15 monthly meetings of the board.
16 (c) "Teleconferencing equipment" means the electronic
17 transmission of audio, full-motion video, freeze-frame video,
18 compressed video, and digital video by any method available that
19 allows a person in one location to meet with another person in a
20 different location.
21 (2 ) Notwithstanding section 120.54 (5) (b) 2., Florida
22 Statutes, one or more board members participating through the use
23 of teleconferencing equipment shall be deemed in attendance for
24 purposes of establishing a quorum of board members for a special
25 meeting.
26 (3) Special meetings authorized through this section must
27 comply with the provisions of sections 286.0105, 286.011, and
28 286.012, Florida Statutes.
29 (4) This section is repealed June 30, 2007.
Teleconferencing Technology
CODING: Words strickon are deletions; words underlined are additions.
Page 1 of 2
v
FLO RIDA
H 0 USE
o F
R E PRE S E N TAT I V E S
BILL
ORIGINAL
YEAR
30
Section 2. This act shall take effect July 1, 2006.
Teleconferencing Technology
CODING: Words strickon are deletions; words underlined are additions.
Page 2 of 2
v
County Administrator Tom Willi
RESOLUTION NO. -2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, SUPPORTING A LOCAL BILL
AUTHORIZING TELECONFERENCING ATTENDANCE BY
COUNTY COMMISSIONERS FOR SPECIAL MEETINGS TO OBTAIN
AND QUALIFY A QUORUM
WHEREAS, the geography of Monroe County requires that its Board of County Commissioners hold
meetings at three different locations spanning one hundred and twenty miles; and
WHEREAS, an opinion of the Attorney General of the State of Florida (AGO 92-44) stated that a
county commissioner may attend by teleconferencing as long as a quorum is present at the formal public hearing
location; and
WHEREAS, an informal opInIOn dated November 29, 2005, stated that workshops and special
meetings of at which no action is taken may be held by teleconferencing, but a quorum must be physically
present to take formal action; and
WHEREAS, given the unique geography and single access road in Monroe County, there would be
more efficient use of time and money if special meetings where action is to be taken were allowed to be held by
teleconferencing and such attendance by commissioners by teleconferencing was considered to be attendance for
purposes of obtaining a quorum;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY:
That the Board of County Commissioners supports a local bill to be introduced by Representative Ken
Sorenson authorizing teleconferencing attendance by the county commissioners of Monroe County to obtain and
qualify a quorum at special meetings at which action is to be taken.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting ofthe Board held on the _ day of , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
Attest: DANNY L. KOLHAGE, CLERK
By:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
By:
MAYOR
( SEAL)
Page 1 of 2
January 25, 2006
To: The Monroe Board of County Commissioners
From: KW Resort Utilities, Corp.
William Barry, Spokesperson
Re: Special Report presented to the MC BaCC Workshop:
- KWRU Standardize Wastewater Connection Contract
- Stock Island Wastewater Connections & Code Enforcement Postponement Action
Dear Commissioners:
Thank you for providing time to enable KW Resort Utilities, Corp. to present this special south Stock
Island wastewater connection report.
At the January BaCC meeting representatives of Stock Island commercial property owners presented
concerns over the need to have a standardized contract for commercial projects connecting to the KWRU
wastewater system.
This report will provide the Bacc with copies of the two KWRU standardized contracts approved by the
Florida Public Service Commission and in use since the origination of SI WW project. ane contract is the
KWRU PSC Residential Contract and the other is the KWRU PSC Commercial Contract.
It should be noted that 1231 EDU's have been contracted for wastewater service with these contracts.
Thank you.
Page 2 of 2
KWRU AGENDA
MONROE COUNTY BOCC WORKSHOP
JAN. 25, 2006
1. KW Resort Utilities, Inc., Florida Public Service Commission (PSC) approved Commercial &
Residential Standardize Wastewater Contract.
i. Attachment: Copy of Approved PSC Contract in place since project origination
2. Stock Island Large Commercial Wastewater Projects either in-work or completed that signed
the KWRU Standardize Contract.
i. Attachment: Copy of Stock Island Commercial Contracted Projects
3. Stock Island Trailer Parks not signed by KWRU and planning redevelopment
i. Attachment: Copy of SI Trailer Park Planned Redevelopment List which are not
contracted to connect to the KWRU central wastewater treatment plant
4. One-third of the total 1,500 Monroe County EDU capacity for the south Stock Island have
contracted and connected to the KWRU wastewater system.
i. Approximately 60% of the remaining 1,000 EDU connections to be made on south
Stock Island (600 EDU's) are one of 12 trailer park or condo projects, many of
which are considering redevelopment plans - the wastewater collection system has
been installed and capped in front ofthese properties - approaching 3-years.
11. Commitment made to DCA to complete SSI WW Project in 2006
11. DCA Representatives are now in contact KWRU requesting residential &
commercial SI WW connection reports
Attachments:
(1) KWRU PSC Commercial Contract
(2) KWRU PSC Residential Contract
(3) Sl Commercial Properties Contracted
& Planned Redevelopment Properties Not Contracted
Customers Connected 112512006
12
Laroe Stock Island Wastewater Proiects I I I Page 1 of2
Contrated for Wastewater Connection I I I As of. Jan. 25, 2006
X = Contract Sent & Signed within 1 Month
KWRU Customer name I Business name Cont sent Cont ret EDU Renresentative
4 Star Rental Michael Gibert 5216 US 1 yes 81712003 1.50
56's Cab Jal DoeknaI16631 Maloney 7I25l2OO3 811512003 X 2.94
Aflordallle HoUSiiM> 5th & Cross 4/6/2004 4/6/2004 X 12.00
Alvarez, Ray. 5513 5th Ave. 11/512003 11/512003 X 4.00
Andrews, Stewart 5517 5th Ave 7/3012003 11/14/2003 1.00
AmoIds Towina Richard & Doris 7/1812005 7/1812005 X 1.00
Beaver. Janes 313012005 3/31/2005 X 1.00
Blanco, TenvlRav 6460 Sunshine 51 81812003 4/29/2005 1,00
Bonnett, Matlhew R. laurel Ave 6/1/2005 8110/2005 1,00
IBririale Cabinet Shoo. 5750 2nd Ave 10/4/2005 10/4/2005 X 1.00
. , Jell Sinon 10/512004 2111/2005 9.95
Calabro. Dal 5790 UaIonev Daluna yes 511/2004 1.00
C. Quest, 5176 <Nerseas Hahwav Rich Berard 9/812005 9/27/2005 X 1,00
CalBs, Craia 5590 1st Ave, 5870587. New construction 10/2312003 10/2312003 X 2.00
Chevroll Rich Maun 5220 US , 7/31/2003 1.40
eMT prooertv MaMaemenl 31812005 9/29/2005 1.00
Condella. Steve KW Weld'ono 5650 1st AYe. 11/4/2003 11/7/2003 X 1.27
CondeIa, Slew. PItllHlt1Y next KW Welding 21412004 31512004 X 1,00
Coral Hammock yes yes 56,00 Attorney Tim KoeinQ
ICllIIon PlII1nenlIiD 2nd & 511 10l3OI2003 5/10/2004 1,00
Colton PIlllnershio 5580 1 st Ave 6130/2004 8122/2005 1,00
Dedek, Jealetle 5170 US 1 Monroe Tre & 2 res. Units 814/2003 10/7/2003 3.40
000, Ernest EI M. RV Resort Maloney Ave 10,00
000, Lawrence 5300 US 1. JoIvs 8127/2003 311812005 1,00
000, l.awrellce 5350 US 1, Centuv 21 8127/2003 1,08
000. l.awrellce 5390 US 1 8/27/2003 2,40
Dol, FI1I1Cis64196th St, PO Box 6474 KW 33041 811312003 31812004 1,00
Fre DAn! 2/11/2004 3/2112004 X 1.00
Galvan. llumanda Sunshine SI 31312005 7/1512005 1.00
Garcia, Yraida (Cisneros. Schonedt16413 2nd Terrace 81812003 8119/2005 1.00
GiI, AntlInio 6400 2nd St 6130/2004 11/812004 1.00
GiI. AntlInio Tonvs RoOlina 11/1512004 11120/2005 2,00
Goldies, Michael Gilbert 5210 US 1 yes 817/2003 1,00
GoIdstei1. Ira 6640 Sunshine 10/812004 10/812004 X 1.00
Goodrich, Terri G&M Au1oBodv 4/2/2005 4/1312005 X 1,00
GrossmIIl, LYM OLD NAPA store 2/27/2004 31512004 X 3.00
Henson, Steve 6409 2nd Terrace 7/5/2004 7/512004 X 1,00
Hurricane Hole Fred ScomP yes yes 22,50
J.G Rentals HlIYeY / Javier Ganido 9/11/2003 7/1612005 4,63
KeeYan & Sons Inc 8112/2005 8112/2005 X 1.00
KW Bao Tmolo Pastor INriahl57021st Ave 57222nd Aye 9J3I2OO3 3111/2004 8.31
laborde, Ca'otIn, 4/1/2005 4/4/2005 X 2.00
~ Andrew 0_00 dealen;hip 9/2612005 9/29/2005 X 1.00
Meridian West. !loa track ves yes 108.54
Murrav, David J & Mn C TR'S DfOP9rty on US 1 & 5th 212312005 212312005 X 1.00
Orkin buidina, Ed WaltBIson 5/12/2005 5/15/2005 X 1.00
Ovide. Kalhrvn Whites Welding 317/2005 319/2005 X 1.00
Padi8ttJoe 5510 1st Ave 8/22/2003 1/812004 1.00
Padron. 5630 3rd Ave 8/26/2004 812612004 X 3.00
Paradise TallDo Busiless Waller Price 5160 US 1 7130/2003 8111/2003 X 1,00
Paradise TallDo Home 5158 US 1. PO Box 2068 7130/2003 8111/2003 X 1,00
Peninsula Maine Bob Mina 6000 Peninsula' Ave 8114/2003 8114/2003 X 30,30 Attorney Frank Harding
QuIn1ana~ .lonI8IM8IlIarita Zio Aukl/ Paradise TnIls 7I22l2OO5 811/2005 X 2.00
_ CEO BI Borresen 5650 Maloney 8111/2003 5127/2005 1,00
Reliable VendIna Pat Moran 1st S1ale Bank 5511 5th Ave 9/16/2003 7/15/2004 1.00
Rober1s. Edwanl6405 6th St 2/2312004 2/25/2004 X 1.00
Rodriouez. Ramon 2 trailers on 51h SI 4/512004 7/1/2004 2.00
Rossi, Malt 5625 M wI Walton, Vonce 6/2/2005 9/812005 2.00
SaIinero EnIRmrises Frad SaIinero 5570 3rd Ave 7I29l2OO3 811512003 X 1,00
Simons, Judy & Steve 0ll00Sile Corner of 2nd & 2nd 51512004 51512004 X 6.00
Simons, Judy Comer of 2nd & 2nd 2/2512004 2/2512004 X 6.00
Soencer, Richard & Wanda 3111/2005 3115/2005 X 2.00
SDencei, Richard & Wanda. GuW Atlantic 3111/2005 3129/2005 X 1.00
Stellar Camet 412512005 4130/2005 X 1,00
T elcom Swllems 5522 1st Ave 71112004 7/1512004 X 1,00
To Thumb 2nd & M Isham Jim McCarthy 9/412003 4/15/2005 1,00
Tomita. Kent 5234 US 1. 4 ADartrnen1s 8/2612003 9/512003 X 4.00
Tomita, Kent Chico's 5230 US 1 8/2812003 915/2003 X 12.80
Vila PaIricia Babbv Burchell 7/612005 81912005 X 6,00
Wets. Ken Peninsular Ave, 8I2l2OO5 912/2005 X 1,24
DeMarco. MlWia 5565 2nd Ave Braswen Const 811112003 8118/2005 X 1.00
Henson, Steve 5551 2nd Ave 71512004 715/2004 X 1.44
Andrews PropeIlrs, Henry Andrews 12/21/2005 1212112005 X 1.00
Sub Total South Stock Island 377.70
Customers Connected 1/25/2006
22
Larae Stock Island Wastewater Proiects Page 2 of 2
Contrated for Wastewater Connection As ot Jan. 25, 2006
KWRU Customer name I Business name Cont sent Cont ret EDU ReDresentative
American Leaion 9/15/2002 12/1112002 2.14
Boyds Camoaround, Bob Jones, Dan HaniIton yes yes 77.92 Attomey Dan Hamilton
ConslelIation Yachts Wall Schurtenbefger, Shrimp Rd 10l3Ol2OO3 2/25/2004 1.00
Easter Seals, CoIege Road yes yes 2.22
FKAA. CoIeae Road yes yes 1,50
Monroe Countv Detention Center 454.00
MoSQuito Control, CoIIeoe Road yes Yes 1.00
Rov's Trailer Park 9/2012005 9/28/2005 X 103.00 Attornev Michael Brownioo
Sunset Hartlor Traier Park 9/112001 86.00 Attorney Tim Koeioo
SunsetMaina 7/1/1999 125,00
Sub Total Balance of Stock Island 853.78
Total Stock Island 1231.48
81 Trall~r Parks Planning Redevelopment &
Not Contracted for Wastewater Connection
Commercl!l Proiect
Overseas Trailer Park
Waters Edge Colony Trailer Park
::t<
!mil
EDU's
65
70
ReDresentative
m
As of: Jan, 24, 2006
COMMISSIONERS:
Ln..A A_ JABER, CtW~N
1. TERRY DEASON
BRAUUO L. BAEZ
RUOOl.PH "RUDY" BRADLEY
C!iARUS M. DAVIDSON
STATE OF FLORIDA
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TIMOTHY DEVUN, DIRECTOR
OlVISIO;'1 OF E.COl'lOMIC UVULA TlON
(g50)413~900
JIublir~ttfiir.e @nmmUminn
March 21,2003
John Jenkins, Esq.
Rose, Sundstro~ & Bentley, LLP
2548 BbUmone Pines Drive
TalJahas$ee, FL 32301
Re: UtJ1ity Agreement for K W Resort Utilities Corp.
Dear Mr. Jenkins,
We have received your letter dated March 19,2003, accompanying the Jatestrevision of the Utility
Agreement for K W Resort Utilities Corp. After reviewing this agreement, we are satisfied that the
concerns expressed by area developets. as wen as those of Commission ~ have been adequately
addressed. We would recommend that this Utility Agreement be used for all cum:nt and future
connections, and hope that you would distribute this latest version to all interested parties. Thank you
for your help in resolving this matter.
The opinions contained in this document are those of Commission staff and do not bind the
Commission's decision on any future vote on this matter. If you have any questions regarding the above
Utility Agreement, please contact me at (850) 413-6934.
-
J;Xa#F
~Uar
Trc(y Rendell
Public Utilities Supervisor
1R:ts
cc: Doug CarteJ:, K W Resort Utilities
Division of Economic Regulation (Willis, Sargent)
Office of the General Counsel (Jaeger)
Interested parties ofFclmtary 17, 2003 telephone conference~ via facsimile and mail
CANT At CIRCLE OFFICE CE!";TER · 2540 SHllMARD OAK BOlJLEV ARD . TALJAHASS:F;'r", FL 32399-0865
An Affinnllt;.,e A<tII>nlF.qu21 Oppttrtunity 'Employer
rSC Wcbsilt'. hltp;/lwwwJloridlllls<:.rom Internet F--m2il: ~nt;l(t~c:...'Wlte.n.DS
IU:bI.:5l:1:>C'='41212
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UTILITY AGREEMENT
TInS UTD...JTY AGREEME1'/l ("Agreement"), dated as of the day of Malch
2003, by and between _f(~ West Resort Utilities, a Florida COlpOration, having its office(s) a~ 6:450
.c.p.lle!;Ze Road. Kev West Florida 330~, ("Ser\1jce Compan~) and, Harbor Shores CondOIDlIllum
Unit Owners Association Inc., (Harbor Shores), having its office(s) at 6800 Maloney Ave.. Key
West. Florida33040, ("Developer").
RECITALS
A. Developer is the owner of certain real property more particularly descnOed on Exhibit
~, attached hereto and made a part hereof (the "Property").
B. Developer proposes to construct, own, operate and maintain sewage collection system
on the Property to service new construction located on the Property.
C. Service Company owns, operates, manages and controls a Cen1ral Sewage System
and is willing to provide sanitary sewer services pursuant to this Agreement.
D, Developer requests that Service Company provide cen1ra1 wastewater service to the
Property as indicated on the plans prepared by Weiler Engineering for The South
Stock Island sewer expansion. (Copy of plan sheet included as an exhibit).
NOW, THEREFORE, inconsideration ofTen Dollars ($10.00), and the mutual covenants
aod agreements hereinafter set forth, and intending to be legally bound thereby, it is agreed as
follows:
1. J1elinitioD&
13usiness Day" - shall mean any day of the year in which commercial banks are not required
or authorized to close in New York, New Yark.
UCapacity Reservation Fee" - as sucb teIm is de~ed in Section .s. ~ hereof.
UCentral Sew~e SYStem- - shall mean the central collection, transmission, treatment and
disposal system and appurten.aut facilities owned ~d operated by the Service Compan.y.
"Connection" - as such term is defined in Section !- Q hereof.
10: 613052941212
P:4/20
"COB:13.eeaen Char;e~" as Slieh tem! is desea ill Sceti8a 5 aeFesf
"Custom~" - shall mean any residential Or commercial customer of Service Company.
"~valcnt Residential Connections" - (ERC), shall be defined as one individual residential
connection or, for cOlDlllercial and other uses, the estimated flow based on the use and
Chapter 64E-6 F.AC, divided by the most recently approved "Capacity Analysis" rate per
residential connection (currently ~ 2~Q gallons per day per residential connection).
"Plans and Specifications" - as such term is defined in Section hereof
"Point ofDelive1Y" - shall mean the point where the Central Sewage System CODnects to the
pipes of the Customer, or as determined by Service Company when the on-site System is not
conveyed to SClYice Company.
UPrQ,perty" -' as such term is defined in the Recitals hereof.
l'P1'Qoertv lnstallatiQm" or "System" - shaH mean any service lines located on individual lots
or parcels of the Property or to buildings located on the Property that connect to 1he Central
Sewage System, and may include facilities located outside the Property, required to be
installed by Developer, to. connect facilities on the Property to the Central Sewage System.
".service COlIlD8nY'S Affiliates" - shall mean any disclosed or undisclosed officer, director,
employee, trustee shareholder, partner, principal, parent, subsidiary Or other affiliate of
Service Company.
"'tariff' - shall mean Service Company's existing and future schedules of rates and charges
for sewer service.
2. New System Construction
(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 Co~any plans and
specifications of the sYstem ("Plans and specifications"), which Plans and
Specifications shall be pr.epared by engineers reasonably' acceptable to Service
company, and in accordance with aU policies and practices of Service Company and
all applicable. laws and regulations and standar~ adopted by the Department of
Environmental Protection and Monroe County.
(b) Service Company shall approve or disapprove of the Plans and Specifications within
2
.....,J........L.....,tu-'L-..:;""Tl.c..L!::
r':::>/C~
thirty days (30) of receipt thereofby written notice to Developer.
(c) Upon Developer's receipt of Service Company's written notice of disapproval of the
Plans and Specifications, Developer shall promptly revise the Plans and
Specifications in accordance with any requirements set forth by Service COinpany
in its written notice of disapprova~ and re-submit such revised Plan and
specifications to S~ce Company for approval or disappro-val Service Company
shall approve or disapprove of any revised Plans and Specifications with five (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
i.nstallation of the System. Developer sball notify Service Company seventy-two
(72) h.ours 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.AC., Developer shall
provide, at its sole cost, a Professional Engineer Registered in Florida to provide on-
si.te observation during construction and testing and to certify 1hat the System is
constructed in compliance with the approved Plans and Specifications. All materials
employed by Developer for the System shall be reasonably acceptable to Service
Company. No portion or element of the System. shall be covered. or concealed 'UXltil
inspected by Service Company. Developer shall notifY Service Company of
Developers readin.ess for inspection of the System, and Service Company shall
inspect the System within two (2) business days after each such notice. Any portion
of the System not inspected by Service Company within said 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
noncompliaIlce not more than two (2) business 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 and regulations.
(e) In the event Service Company discovers th.at any portion or element ofllie System
has been 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 cost and expense.
3. Svstem Records
Prior to Service Company's acceptance of all or any portion of the System for service,
3
IU: b 1.5tt>2941212
P:6/20
operation aDd maintenance or for service only, Developer shalJ deliver the following records
and docUlllents 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)
above, that said L'llvoices and contracts accu..--ately and fuL.1' 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 with the construction
of the System.
(d) A reproducible Mylar and two (2) sets of blue line copies, accurately depicting a11 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.
(f) Any other records or documents required by applicable law or required under the
Tariff
(g) A certificate of completion of the System signed and sealed by the engineer of record.
(h) A copy of the Depanment of Environmental Protection pennit to construct' the
System and all inspection reports and approvals issued by the Engineer and the
Department of Environmental Protection and any other applicable governmental
authority or. agency.
(i) Developer shall furnish a one (1) year written warranty and a one (1) year
maintenance bond, guaI'allteeing Service Company against any defects in materials
and workuJanship of the System for the period of one (1) year after the date of
acCeptance of the System by the Service Company.
CD A bill of sale, in recording fo1111. conveying all right, title and interest UJ. and to the
System, to Service Company free of any and all liens and encumbrances for that
portion ofthe System loeated on the Service Company side of the Point of Delivery.
4
IU: bl.5l1::>~'::J41c12
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4. PToperty:.Ri~hts
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 fonn attached as Exhibit "B", for that portion of 1he
Property of sufficient size to enable Service Cv-mnyany ingress and egress and to
operate, maintain and replace such portions of the System not located within public
rights-<>f-way. The foregoing easement sball be in effect for a period of time not less
than the peri.od during which the Service Company shall use the System. to provide
service to Customers,
(b) A non-exclusive easement, in the fonn attached as Exhibit "B", 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
effect for a period of time not Jess than the period during which the Service Company
shall use the System to provide service to Customers.
(c) Notwithstanding the foregoing easements, Developer retains all rights and privileges
to utilize the Property in any manner it deems appropriate provided such use is DOt
inconsistent with the purposes intended for such easements.
5. Existinr Svstems
Developer may connect an existing gravity or low pressure system eExisting System") to
Service Company's vacuum system provided the Existing System meets the following
criteria:
(a) The Existing System must meet all COUllty plumbing codes and have in full force and
effect a Department of Environmental Protection pennit to operate said system, if
required by Department ofEnvironrnental Protection. Developer agrees, to maintain
said permit if any, at it's cost and expense.
(b) The Existing System m.ust be free from any intrusion of water from ground or surface
resources.
(c) Developer must make a non-refundable deposit with Service Company of $_ to
pay for the inspection and testing of the Existing System by Service Company's
agents and engineers.
5
IU:bl.5l.1::>c'j"i1212
P:8/20
Cd) Provision fOT 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 anyone 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 or greater as measured along the Service Company's vacuum main. 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 agrees to main~in a gravity system that
does not mcur excessive amounts of infiltration and inflow (I/I). An. excessive
amount ofI/I is defined as flows ~g 150010 of the average daily flows for a 12-
hOtlr period. The utility reserves the right to discontinue service to the Developer in
the event that the utility determines that excessive amounts ofIl! are being received
from the Developer,
(e) In the event that an Existing System, after connection to the Central Sewage System,
needs repair (other than non-emergency repairs) then Developer agrees to make said
repairs within 30 days of notice by Service Company. In the event of failure by
Developer to make repairs to its system within said time period then Service
Company shall b~ permitted ~~ Bet ~eligate~) te maIee saia MJ!B!rs. ~~: eests
~~~ ~~ :~~aa:: I!l malSJig rBpitU'S te Btwele,eF5-BY*m sl!eH 6I'ef!
prea8D.tatien sf a hiR t8 D!\'el~er he immetti*ly Ehie _ payable to discontinue
service to the Existin~ S~t~_
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 immediately
due and payable.
(f) Developer agrees to provide Service Company with:
(1) a copy of its Department ofEnviromnental Protection. Permit, ifrequired;
(2) a survey accurately depicting the location of the Existing System as
constructed and installed and signed and sealed by a stlrVeyor; and,
Service Company shall have the right, but not the obligation, to accept ownership of the
Existing System.. Should Service Company accept ownership, Developer shall comply with
the Property Rights requirements set forth in ~ 4 herein.
()
.1....,.). t:..JU "'tJll.j....J\..,. O-Jt:J-r.J...JDt::.JJI:::J
IU:bU052941212
P:9/20
Uoon acceotance hv Service Company, Developer agrees that Service Company, or its
agents, shaU have access at all reasonable hours to the Existing System on the Property for
the pmpose of inspection, repair, meter reading, disconnecting service, reconnecting service,
and in doing so will not be liable f-or trespass, This shall include the right of access to areas
outside individual units on the Property.
6. RaU$.Fe~.Chuv~
(a) All Customers will pay the applicable fees, rates and charges as set forth in the Tariff.
Nothing contained in this Agreement shall serve to prohibit Service Company's right
to bill or collect its rates and charges from CustoIners, nor to require compliance with
any provision of its Tariff.
(b) Developer shall pay to Service Company a reservation fee ("Capacity Resexvation
FeeD), in the amount of Two Thousand Seven Hundred ($2,700.00) dollars per
ERC.connection to be reserved by Developer to serve the residential or commercial
structures to be co11$trUCted in or upon the Property (individually, a .Connection",
collectively, the "Connections"). lB. ~ ~'eB.t ilia! De'\'el8fJer.4 genie! CEefJemy
shaH Bet agfee 85 te tile B'lHRser Elf ~em!eeaElB5 reEfWred by Devel6J.lef fer the
Pfepeffi)", the aeeiei.eB. of tee Serviee: Cempmy shell eeflwl, 8BEi Dewleper sW. PIlY
fer, md Sen'iee Ceml'8BY ,,~1ll'83eF..e ter Develeper, 1Be B1HB9eI' ef CeftBeeUesB
speeified. by EefViee CeJi"!'8IlY. Prior to execution oftbis agreanent, Developer shall
supply Service Company access and information necessary to determine number of
ERe's proposed. Information may include plans, occupationallieenses, etc. for:
* 70 Single Family Homes 70 ERe's
;" 2000 sf. of Office Space 1.46 ERe's
Total 71.46 ERC's
(c) The Capacity Reservation Fee for each connection shall be payable by Developer to
Service Company as follows:
(i) ]/3 ($64,314) upon execution of this agreement
(ii) 2/3 ($128,628) upon connection of the first house or office building to the
system
(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 schedule of proposed
development of the Property setting forth the amount of Connections for which
7
IU-U~.....ft:.)..Jc.:I""J..c.J.c.:.
r..lt:)'c:t:J
capacity shall be additionally reserved under this Agreement. Service Company
hereby agrees to reserve such capacity for the benefit for Developer subject to the
provisions of this Section ~ Q, provided. however, that such reservations shall not be
effective until Service Company has recehred the initial installment oftbe Capacity
Reservation Fee in accordance with Section iJ. 2( c Xl 1) hereof: and provided, further,
th.at Service Company shall have the right to cancel such reservations in the event of
Developer's failure to comply with the terms of this Agreement. In the event there
is additional water usage over and above the amount reserved in paragraph 9- 2b
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.
(c) Developer s.bqll reimburse Service Company for engineering services and applicable
adminis1rative fees necessary to review and approve construction plans and
documents and for periodic inspection. during COnstruction. and testing_ ,
(f) In the event of default by Developer and the payment of fees hercmnder, Service
Company may cancel this agreement by giving 30 (thirty) days written. notice of
default and retain all payments hereunder as liquidated damages.
(g) Developer agrees that in the event of a change of use or any chauge that might affect
the Bows (i.e. Addition of a restaurant) Service Company will be notified and the
applicable Capacity Reservation fees will be paid prior to discharge to the Central
Sewage System.
7. Absolute C()DVeVance
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 Reservation
Fec and Connection Charges), shall, upon acceptance by Service Company, be absolute,
complete and unqualified, and that neither Developer nor any party claiming by or through
Developer sball 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 fonn
or ID.anner.
8. J1elivery of Service; ODek"atioD and Maintenance
(a) Upon Developer's full performance of its obligations under this Agreement, Service
Company shall provide service to the Point ofDelive.ry in accordance with the terms
oftbis Agreement, all applicable laws and .regu1ati~.~d shall operate and maintain
8
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IU.___.....JU-"\-J.-i.L.1.L
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the Central Sewage System to the Point of Delivery in accordance with the terms and
provisions of this Agreement. Said service shall be provided OD, or about September
3Oth~ 2003.
(b) Developer shall, at its sole cost and expense, own, operate and maintain any part of
the 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
influent entering the w~ater treatment plant (primarily chloride levels and
excessive flows) and agrees to anow 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 substandard 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 portion or portions of the faulty System
in a manner acceptable to Service Company in accordance with this agreement
(d) In the event any portion of the Property is developed as a condominium. the
condominium association shall be required to execute a maintenance agreement with
respect to any portion of the System not conveyed to Service Company, Such
maintenance agreement shall provide that if the condominium association fails to
adequately maiDta.in and repair the System, Service Company shall have the right to
maintain and repair such System at the sole cost and expense of the condominium
association.
(c) In the event Developer utilizes valve pits and a vacuum provided by Service
Company, force main or low pressure system and the same is located on the Property
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 ERC per month
which may vary depending upon contractor's cost to provide said service.
9. Reo air OfSv5te::ID
III the event of any damage to or destruction of any portion of the Central Sewage System
due to any acts or omissions by De,,"eloper, any Customer or their respective agents,
representatives, employees, invitees or licensees, Ser.vi.ce Company shall repair or replace
suoh damaged or destroyed facilities at the sole cost and expense ofDeYelaJ'ef' rcso:
J2!!1Y. Dwieleper sha:J1 p~: BY eests ;m4-e1e.penses 855seiatea wit}, 5U€h.l'epair er l'e}31
v.itaiB. fhe (5) M:J!l after reeeipt sf any inveieeJ Hem 8erviee G:emr;ey 3~ f-9;;h ;;;;
9
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costs &Bel l!'lEPeMe:3. Developer sh.all operate, maintain and repair all other portions of the
System not conveyed to Service Company at its sole cost and expense.
10. .Th.on
This Agreement shall. become effective as of the date first written above, and shall continue
for 50 long as Service Company })Tovides sewer service to the public.
11. Default
In the eVe]It of a default by either party of its duties and obligations hereunder, the noD-
defaulting party shall provide written notice to the defaulting party specifying the nature of
the default and the defaulting party shall have five (5) days to CW'e any defuult of a monetary
nature and thirty (30) days for any other default If the default has not been cured within the
applicable period (time being of the essence), the non-defaalting party shall be entitled t<;>
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 and the Tariff if Developer fails to timely pay all fees, rates
and charges pursuant to the terms of this Agreement
12. ExcDse from PerformAlIce
(a) Force Majettre. If Service Company is prevented from or delayed in perfu.anifig any
act required to be performed by Service Company hereunder. and such prevention or
delay is cased by strikes, labor disputes, inability to obtain Jabor, materials or
equipment, storms. earthquakes, electric power failures, land subsidence, acts of God,
acts of public enemy. wars, blockades, riots, acts of armed forces, delays by carriexs,
inability to obtain rights-of~way) acts of public authority, regulatory agencies, or
courts, or any other cause, whether the same kind is enumerated herein, not witbin
the control of Service Company ("Force Majeure'), the perfunnance of such act shall
be ~cused for a period equa,l to the period of prevention or delay. .
(b) Govmnnmtal Acts If for any reason during the term of this Agreement, other than
the :fallt 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 Central Sewage System or the System ("Governmental Acts"), then, to the
extent that such Govemm.ental Acts shall affect the ability of any party to perform
any of the terms of this Agreement in whole or in part, the affected party shall be
excused from the perfoImaIlce thereof and a new agreement shall be negotiated, if
possible, by the parties hereto in conformity which such permits, approvals or
I')
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
daDlages 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 System 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 condition; and
3. Force MaJeure, unforeseeable failure or breakdown of pmnping. transmission
or other facilities. any and all governmental requirements, acts or action of
any government, public or governmental authority. commismon or board.,
agency, agent, official or officer, the enactment of any statute, ordinance,
resolution, regulation, rule or roling, order, decree or judgmcn4 restraining
order or injunction of any court, including, without limitation, Gover:mnental
Acts.
(d) Notwithstanding any excuse of performance due to the occur.rcnce of any of the
foregoing events, Developer shall not be excused from payment of any fees, charges
and rates due to Service Company under the tenns of this Agreement (including
without limitation, the Capacity Reservation Fee and Connection Chatges).
13. Suceessors and Assiens
This Agreement and the casements granted hereby, shall be binding upon and inure to the
bcne:fit of the parties hereto a:ad their respective successors and assigns.
14. IndeImni6~o~
Developer shall indenuiify, defend and hold Service Company and Service Company's
Affiliates bmmless from and against any and all claims, demands, causes of action, losses,
damages. liabilities, costs and reasonable expenses, including, without limitation, attomeys'
fees and disbursements, suffered or incurred by Service Company or any of Service
CompaJlY's Affiliates and arising out of or in connection. with use, occupancy, or operation
11
V i"11 "'in L-J LU"....iU .t...l. UJ. I' '-l...Jl I. I ..J_ 1..J_f'.J, ~....J'-JU...Jf'..J
IU.WJ......,)U...Jl....J,,J..l......l..L
of the System, the Property, or the activities~ errors, or omissions of Developer, its agents,
employees, servants, licensees, invitees, or contractors on or about the Property~ pursuant tQ
terms and conditions of this A~en.t. Developer's duty to indemnify sbalI also include,
but not be limited to, indemnification from and against any fine, penalty, liability, or cost to
Service Company arising out of Developers violation or breach of any law, ordinance,
govemmertal regulation. this Agreement requiremeo~ or permit applicable to the System or
Developer's activities on or about the Property. The provisions of this Section 13 shall
survive the termination of this Agreement Developers civil engineering firm shall maint.2in
Merrors and omission" insurance in an amount of $1,000,000.
15. Jnsurance
For up to one year foIlo\\ing convewnce of the System to Service Co;qpany Developer shall
maintain or cause to be maintained dari!tg Ria eMife t..)......... ef thii; ...~t, eel! eay
e,(tefiJ~ 1he.Fee~ a policy of commercial general liability insurance with a broad form
contractua1liability endorsement covering Developer's indemnification obligations contained
in this Agreement, and with a combined single limit of not less than $1.000,000 general
liability, insuring Service Company and Service Company's .A ffiliates, as additional insured
in such fonns and with an insurance company reasonably acceptable to Service Company,
and shall deliver a copy of such insurance policy together with a certificate of:insurance to
Service Company prior to or upon execution of this Agreement. All such insurance shall be
written on an. "OCCUITeIlCe form".
Assi!pl ;my and aU warranties. and maim:enance.. comuletion and oerlonnance bonds and the
pgpL 10 enforce same to the Servjce ~otqpany which DevelO'DeI' obtains from any ~tor
con.structin~ the Svstem. Develooer shall obtain a written warrantY- comnletion. and
oerfonnance and maintenance bonds from its con~toT for a minimum ()c:riod of twenty four
(24) months, If DevetOl'eT does not obtain such vlrittcn warrantv anq, nerfonnance and
maip.tenance bonds from its contractor and deliver same to Service Company. then in such
event. DeveJO,pCf agrees to warrant the construction of the Sytitem for a period of twenty four
a4) months from the date of acce9tance bv the Service Comoanv.
16. Nptices
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. retmn receipt
:requested, with postage prepaid, or (b) overnight delivery service or courier, or (c)
tclcfacsimile or similar facsimile transmission with receipt confumed as follows:
12
If to Service Company:
Mr. Doug Carter, General Manager
6450 Junior College Road
Key West, Florida 33040
Fax (305) 294-1212
With a copy to:
Mr. Jeff Weiler, P.E.
Weiler Engineering
20020 Veterans Blvd.
Port Charlotte, Florida 33954
Fax (941) 764-8915
If to Developer:
Kmt Heiter
Harbor Shores
5800 Maloney Ave
Key West, Florida. 33040
17. lJ!d!I
This Agreemmt is subject to aU of the tmns 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. MisceDaneous Provisions
(a) TI1is 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 Agreem.ent shall be effective, unless the same shall be in writing and
signed by or on behalf of the party to be charged.
(b) All prior statmlall.l:l, unUt:I'l)Lao.ding:>, ~~l1tatjOllS and ag.rccmcnts bctwccD the
parties, oral or written, are superseded by and merged in this Agreement, which alone
fu.11y 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
Dot embodied in this Agreement. This Agreement shall be given a fair and
reasonable construction in accordance with the intentions of the parties hereto, and
wi1hout regard to or aid of canons requiring construction against Service Company
13
or the party drafting this Agreement.
( c) No failure or delay of either party in the exercise of any right or remedy given to such
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 sball any single
or partial exercise of an.y right or remedy preclude other or further exercise thereof
or any other right or remedy. No waiver by either party of any breach hereunder or
failme or refusal by the other party to comply with its obligations shall be deemed.
a waiver of any other or subsequent breach, failme or refusal to so comply.
(d) This Agreement may be executed in one or more counteIparts. each of which so
executed and delivered shall be deemed an original., but all ofwlrich taken together
shall constitute but one and the same instrument. It shall not be necessary for the
same counterpart of this Agreement to be executed by all ofllie parties hereto.
( e) 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 are for convenience only and are not
intended to be a part of this Agrcm1ent and shall not be consb.ucd 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 authority to regulate Service Company, then all references to such regulatory
au1horlty will relate to the agency of government or political subdivision imposing
said regulations. If no such regulation exists, then this .Ag.t:eement shall be governed
by applicable principles of law.
(h) Each of the parties to this Agreement agrees that at any time after the execution
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 this Agreement are intended to be and shall be severed. Notwithstanding the
foregoing sentence, if <n any provision of this Agreement is finally detennined by
a court of competent jurisdiction to be unenforceable or invalid in whole or in part,
14
(ii) the opportunity for all appeals of such detennination have expired, and (ill) 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 tcnninated and neither party
shall have any further rights, obligations or liabilities hereunder, except. for any
rights. obligations or liabilities which by this specific teIm.s of this Agreement
survive the termination of this Agreement.
-6t
THE P;\RTm8 HI?:RETO DO mR.E:BY I~nO'tNRTGL Y, VOLUNTARJl. Y,
IN'TENTImL\LLY, UNCO~IDlTIONL\LLY ..\ND IRREVOC.:\:BKLY 't.~r..\IVE
ANY IGGHT ANY PARTY WAY Bl..VE t{) /'.. JURY Tf&:\LIM ~"!RY
~l}J6J!I()}lJtr .\NY ."..CTIon, P~IC. OR COUNr.BRCL'\IM
BROUGHT BY mTImR OF THE P..'\.RTmS HERETO .:\:G..:\1NBT TIm OnHm.
OR lBER RBSP-BCI1VE 8YCC'ES80RB OR :\88IGN8lN RESPECT OP ..'\NY
:MATTBR ..AJUSl}TC OUT OF OR tN CO:NNBCIlON ~mI!mE /.<~m.mNT
OR .ANY OllmR DOCUUE~IT eXECUTED .~ID DBU\'ER.BB BY,bfuIBk
PARTY 1}4 CffiWECTION T!lEREVlTrx (INCLt1DiNC. ".llIl'HOUT
mm..\TION, ANY '..cooNTzQ ImSC>>ID OR C~Icm. '!'HIE ..~~c::mEBMENT,
..\.l>ID ANY CL~f OR D~jgE ..\88ERTING TH:'..T TIllS }..GREBME~R'
w..~ FRr\UDUIJ~NTI.?{ rIDUCED OR IS OnmR.V,~ 'rom OR
'lOmABLE). 'l1HB W/J\\QR IS A M,.~.:Iem.\L IND~1T FDR THE
P J..RnES HERETO TO E?l'TERRITO 'lm8 ."..~.
ill
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 attomeys' 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 ~ ill shall survive the termination of this Agreem.ent.
{!2
This Agreement shall not be deemed to confer in favor of allY third parties any rights
whatsoever as third-party beneficiaries, the parties hereto intending by the provisions
hereof to confer no such benefits or status.
m.
Developer agrees that Service Company may, at its sole discretion, require certain
allocations to the proposed collection and transmission systems for future
15
connections. Developer further agrees that Service Company may, at its sole
discretion, extend the sewer line for any reason. It is understood that there will be
DO reimbursement or additional credit.
IN WITNESS WHEREOF, Service Company and Developer have executed this
Agreement as of the day and year first above written.
SERVICE COMPANY:
DEVELOPER:
Key West Resort Utilities Corporation
By:
Print Name:
Title:
Address: Key West Resort Utilities
Corporation
6450 Junior College Road
Key West, Florida 33040
Harbor Shores Condominium Unit
Ownexs Association, In.c.
By:
Print Name:
Title:
Address: Harbor Shores Condominium Unit
Owners Association, Inc.
6800 Maloney Avenue
Key West, Florida 33040
STATE OF FLORJDA )
) 55:
COUNTY OF MONROE )
The foregoing instrument was acknowledged before me this
day of
.200-, by
, as , a
Florida corporation, on behalf of said COIpOration. He/she is personally known. to me or who has produced
as identification.
My Commission Expires:
STATE OF FLORIDA )
) 5S:
COUNTY OF MONROE )
The foregoing instrument was acknowledged before me this day of . 200-, by
. as . a
Florida corporation, on bebalf of said corporation. He/she is personally known to me or who has produced
as identificatioD.
My Commission Expire.'5:
16
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 ATER SERVICE
(RESIDENTIAL I COMMERCIAL LESS THAN 1000 GALLONS PER DAY)
AGREEMENT
TillS AGREEMENT is made on this the day of
,2006,
by and among the KW Resort Utilities Corp. (Utility),
(the "Plumber"), State of Florida I Monroe County I City of Key West License Number
and
. (the "Owner").
WITNESSETH
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 5630 Third Avenue Key West FL 33040,
2. The Owner's address is Avenue Key West FL 33040.
3. The Licensed Plumber and the Owner agree that the Plumber shall install laterals in the
Owner's property. Ifnecessary, 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.
5. The total anticipated cost of the installation of the laterals (including connection and impact fees) is
Capacity Reservation Fee
Inspection Fee
Deposit Paid
Total Due
$
$
$
$
Plumber's Fee $
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.
6. Payment Options for Capacity Reservation Fee:
a. The Owner must pay the Utility the entire cost of the Capacity Reservation Fee
($2,700 per EDU / 250 GPD) upon execution of this Utility Agreement,
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 $ per month. Said monthly fee is adjusted annually by the
Florida Public Service Commission.
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 Agreement until permits are obtained.
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.
IN WITNESS WHEREOF, the parties have entered this Agreement on the date first written above,
ATTEST:
KW RESORT UTILITIES CORP.
By:
KW RESORT UTILITIES CORP. REPRESENTATIVE
WITNESS
Witness as to Plumber
PLUMBER
Witness as to Property Owner
PROPERTY OWNER
')
P. O. Box 21256630 Front Street
Key West, Florida 33040
Telephone: (305) 295-0309 Fax: (305) 294-1212
AGREEMENT FOR K. W. RESORT UTILITIES CORP. WASTEWATER SERVICE
(RESIDENTIAL I COMMERCIAL LESS THAN 1000 GALLONS PER DAY)
AGREEMENT
THIS AGREEMENT is made on this the day of
,2006,
by and among the KW Resort Utilities Corp. (Utility),
(the "Plumber"), State of Florida I Monroe County I City of Key West License Number
and
. (the "Owner").
WITNESSETH
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 ofthe mutual promises contained herein, the Parties agree as follows:
1. The Property address requesting service is 5630 Third Avenue Key West FL 33040.
2. The Owner's address is Avenue 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 ofthe laterals shall be borne solely by the Owner, The cost of the
Plumber's work shall be paid by Owner directly to the Plumber.
5. The total anticipated cost of the installation of the laterals (including connection and impact fees) is
Capacity Reservation Fee
Inspection Fee
Deposit Paid
Total Due
$
$
$
$
Plumber's Fee $
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.
6. Payment Options for Capacity Reservation Fee:
a. The Owner must pay the Utility the entire cost of the Capacity Reservation Fee
($2,700 per EDU / 250 GPD) upon execution of this Utility Agreement,
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 $ per month. Said monthly fee is adjusted annually by the
Florida Public Service Commission.
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 Agreement until permits are obtained.
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,
IN WITNESS WHEREOF, the parties have entered this Agreement on the date first written above.
ATTEST:
KW RESORT UTILITIES CORP.
By:
WITNESS
KW RESORT UTILITIES CORP. REPRESENTATIVE
Witness as to Plumber
PLUMBER
Witness as to Property Owner
PROPERTY OWNER
?
25-JAN-2006 17:25
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