1994-31
"
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WHOLESALE AGREEMENT
THIS AGREEMENT entered into this ~ day of ~ ' 1994
and between THE CITY OF CLERMONT, FLORIDA, a municipal
by
subdivision of the State of Florida
(herein referred to as the
"City")
and LAKE HILLS UTILITIES,
INC. ,
a
Florida
corporation
(herein referred to as the "Utility");
WITNESSETH:
WHEREAS,
the City is in the business of providing potable
water and wastewater service to residential users in the City of
Clermont and Lake County, Florida; and
WHEREAS, the Utility is in the business of providing potable
water service to residential users in Lake County, Florida; and
WHEREAS, the Utility has a sixteen inch (l6") potable water
distribution main in Hancock Road in Lake County,
Florida
(the
"Utility's Main") which runs from Highway 50 south along Hancock
Road to the Greater Pines subdivision; and
WHEREAS,
the City desires to provide water and wastewater
service
to
approximately
three
hundred
and
twenty-five
(325)
residential
dwellings
and
two
(2 )
commercial
parcels
to
be
constructed on two (2) tracts of presently vacant property, both of
which are adjacent to the portion of Hancock Road where Utility's
Main
is
located,
more
particularly
described
in
Exhibit
"A"
attached hereto (the "Knapp Property"); and
WHEREAS,
the Utility has filed a petition with the Florida
Public Service Commission
(the IIFPSCII)
asking to have the Knapp
Property included in its Certificated Area so that it could provide
water service to the Knapp Property (the "petitionll); and
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WHEREAS, the City has filed an objection to the Petition with
the FPSC stating that the City should provide water service to the
Knapp Property; and
WHEREAS, the parties hereto have reached an agreement whereby
the Utility will withdraw its Petition to provide water service to
the Knapp Property and will agree to sell water for the Knapp
Property to the City on a wholesale basis, and the City will agree
to purchase the water to be so provided from the Utility on a
wholesale basis; and
WHEREAS,
the City will agree with the owners of the Knapp
Property
to
provide
it
with
residential
water
and
wastewater
service; and
WHEREAS, this Agreement contains the terms and conditions of
the agreement between the City and the Utility.
NOW THEREFORE,
in consideration of the premises hereof and
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged,
the parties
hereto agree as
follows:
1.
The developer of the Knapp Property
(the
"Developer" )
shall design, construct and install an on-site water distribution
system, including connection of the main, on the Knapp Property at
no cost to the City which has been designed to the City's standards
and good engineering standards which meet the prior approval of
both
the
City
and
the
Utility
(the
"On-Site
System") .
The
Developer shall convey the On-Site System to the City at no cost to
the
City.
The
On-Site
System shall
include
all
water mains,
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laterals, meters,
fire hydrants and other equipment necessary to
provide residential water service to the future residents of the
Knapp Property and shall meet all applicable Municipal,
County,
State
and
Federal
regulations
for
residential
potable
water
distribution
systems.
The
On-Site
System
may
be
design~d,
constructed
and
installed
1n
stages
as
the
Knapp
Property
1S
developed.
The On-site system and connection to the main shall be
designed,
constructed and installed at no cost or expense to the
Utility or the City.
2.
The City shall own, maintain and operate all of the On-
Site System lying within the Knapp Property and that part thereof
outside the Knapp Property necessary to connect the On-Site System
to the Utility's Main.
The City shall provide water service to the
future residents of the Knapp Property, and such residents shall be
the
customers
of
the
City.
The
City
shall
have
the
sole
responsibility for all aspects of the service to such residents.
The
entire
On-Site
System
shall
at
all
times
be
maintained,
operated and kept in a good state of repair by the City in a manner
which shall meet all rules and regulations of all State and Federal
governmental entities.
3.
The On-Site System shall be connected to the Utility's
Main at such point(s) in the right-of-way of Hancock Road adjacent
to the Knapp Property which are agreed to by the engineers of the
City,
the Utility and the Developer.
The Utility shall provide
potable water to the City for the Knapp Property at the point(s) of
said connections.
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4.
Neither the Utility nor the City shall have the right to
make any connections to the water mains or facilities of the other
until formal written application has been made to such other party
in accordance with the terms of this Agreement and written approval
for
such
connection
has
been
granted.
Notwithstanding
the
foregoing,
the Utility agrees
that
it
will
allow the
City to
connect the On-Site System for the future development of the Adams
property which is located north of the Knapp Property on the west
side
of
Hancock
Road,
and
the
On-Site
System
serving
those
residences with EDB well contamination who are located south of the
Knapp Property,
to the Utility's Main under the same terms and
conditions as contained in this Agreement.
All transmission lines
necessary to serve such properties and customers shall be installed
at no cost to the Utility.
5.
The Utility agrees that after connection of the On-Site
System to the Utility's Main as provided herein, the Utility will
continuously provide during the term of this Agreement, at its cost
and
expense,
but
in
accordance
with other provisions
of
this
Agreement, a water supply to the City for the future residents of
the above-described properties in a manner to conform with all
reasonable requirements of appropriate City, Lake County, State and
Federal agencies.
The Utility water supply shall meet the fire
flow
requirements
of
the
City
and
Lake
County.
After
the
connection is made to the Utility's Main in accordance with the
terms of this Agreement, each party agrees to maintain its separate
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water service facilities in a manner satisfactory to appropriate
State and Federal agencies.
6.
The Utility shall agree to a continuance of its petition
to the FPSC to provide water service to the Knapp Property until
the
time
that
the
City has
a wastewater collection
system
in
Hancock Road adjacent to the Knapp Property with capacity available
to serve the three hundred and twenty-five (325) residential units
and two
(2)
commercial parcels to be constructed on the Knapp
Property at which time it shall withdraw its petition.
In the
event
that
the Developer has not begun to install
the On-Site
System,
and in the event that the city has not
installed such
wastewater collection system, within nine (9) months from the date
hereof,
the
Utility
shall
have
the
right
to
terminate
this
Agreement at any time until the time such installation has begun
and such system is so installed, and upon such termination it shall
have the right to renew and review its petition with the FPSC, and
to contract directly with the owners of the Knapp Property for the
provision of water service.
7.
The City agrees to pay to the Utility for all water
received by the City at the rate for each one thousand
(l,OOO)
gallons which is approved, from time to time, by the FPSC and which
the Utility charges all of its customers.
The current gallonage
rate approved by the FPSC is ONE AND 13/100 DOLLARS
($1.13)
for
each one thousand (1,000) gallons.
Additionally, the City agrees
to pay a monthly base facility charge of NINE AND 11/100 DOLLARS
($9.11) for each residential connection until there are eighty (80)
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residential connections.
Thereafter,
the City will pay a flat
SEVEN HUNDRED TWENTY-EIGHT AND 80/100 DOLLARS
($728.50)
monthly
base facility charge,
which is equivalent to the base facility
charge the Utility would assess if the Property were served by an
eight inch (811) master meter.
The amount of water which shall be
received and paid for by the City shall be the number of gallons
which pass through and are measured by the individual meters which
the City uses for each of its customers.
8.
The initial rate for one thousand (l,OOO) gallons may be
adjusted from time to time by the Utility.
All such adjustments
shall be to a rate which shall be uniform and equal for bulk users
in the same classification as the City, and shall be approved by
the FPSC.
Adjusted rates when established by the Utility shall
become effective sixty (60) days from the date of written notice
given by the Utility to the City, and the City shall thereafter pay
said charge as adjusted.
9.
The City shall submit to the Utility monthly reports
showing the volume of water flow in gallons recorded by the meters
at each residential and commercial connection then existing on the
Knapp Property.
The monthly report will be due thirty (30) days
after the City invoices their customers on the Knapp Property.
The
report will be accompanied with payment for the amount of water
shown on the report.
Upon failure of the City to pay within the
thirty (30) day period, the Utility, upon three (3) days' written
notice to the City, shall have the right to terminate service until
all sums due the Utility have been paid.
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10.
The
water
to be
supplied by
the
Utility under
this
Agreement is intended solely for the approximately three hundred
and twenty-five
(325)
residential units and two
(2 )
commercial
parcels to be located on the Knapp Property.
If the City shall
request
the
Utility
to provide
water
for any
other property,
project or subdivision on a wholesale basis, including the property
described in Paragraph 4 hereof,
the Utility shall provide such
water on the basis provided in this Agreement; provided, that the
Utility has the capacity to provide such water and has adequate
water mains adjacent to the property, project or subdivision to be
served, or such capacity is installed by the City or a developer,
and
provided
the
City
shall
cause
the
Utility
to
be
paid
a
Contribution-in-Aid-of-Construction
(a "Connection Fee")
and the
gross-up income tax thereon as approved by the FPSC.
l1.
The Utility shall have the right of access at all times
to read,
record,
observe,
inspect and check the accuracy of the
metering facilities, if any, and the Utility is further given the
right to inspect,
at reasonable times,
all books,
records,
and
other information of whatsoever nature of the City relating to the
water flow from the Utility's water system to the City.
12.
The City shall be solely responsible for the collection
of
all
the
fees
and charges
it makes
to each residential
and
commercial unit being served within the Knapp Property,
and the
failure to collect said service fees and charges shall not relieve
the City from paying to the Utility the full monthly charge as set
forth in this Agreement.
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13.
The
City
shall pay to
the Utility a
Connect ion Fee
calculated as the capacity charge in the amount of FIVE HUNDRED
FORTY AND NO/lOa DOLLARS ($540.00), plus a sum equal to the income
tax
gross-up
of
THREE
HUNDRED
TWENTY-FOUR AND NO/lOa
DOLLARS
($324.00) thereon as approved by the FPSC for a total Connection
Fee of EIGHT HUNDRED SIXTY-FOUR AND NO/lOa DOLLARS
($864.00)
for
each residential unit connected to the City's On-Site System served
by the Utility's water system.
This Connection Fee, by approval of
the FPSC, may be adjusted, in which event the City agrees to pay
the prevailing Connection Fee so approved by the FPSC for those
residential units and commercial users connected on or after the
effective date of the adjusted Connection Fee.
The Connection Fee
shall be paid by the City to the Utility prior to connection of
each residential and commercial unit, and failure of the City to
pay such fees shall entitle the Utility, after fifteen (l5) days'
written notice to the City, to bring suit against the City for the
collection of such fees.
In the event that the Utility shall bring
suit against the City for collection of any sums due under this
Agreement, the prevailing party in such suit shall be entitled to
collect therein all costs and attorneys'
fees incurred by it in
such suit, at both the trial and appellate levels, from the losing
party.
14.
The initial term of this Agreement shall be for one (1)
year, beginning with the date that the Utility first supplies water
to
the
City
hereunder,
and
such
term
shall
automatically
be
extended from year to year thereafter for successive one (1) year
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terms.
Notwithstanding the foregoing, the City may terminate this
Agreement at any time, provided such terminating party gives the
other written notice of termination hereof on or before six
(6 )
months
prior
to
the
termination date
stated
in the
notice
of
termination,
in
which
event
this
Agreement
shall
end
at
the
termination date.
15.
Nothing
contained herein
shall
prohibit,
restrict
or
limit the Utility from providing water service to any other area to
which the Utility could otherwise provide such service but for the
existence of this Agreement,
and provided further,
that nothing
contained herein shall limit or restrict the Utility in any manner
from imposing any rate or charge to any of its water customers,
other than for water service provided directly to the City as
purchaser hereunder, or impose any other obligation on the Utility
except as specifically provided herein.
l6.
This Agreement shall be binding upon and shall inure to
the benefit of the City, the Utility and their respective assigns
and corporate successors by merger, consolidation or conveyance.
17.
All notices provided for herein shall be in writing or by
telegram, and shall be mailed by registered or certified mail or
delivered to the addresses shown below,
which addresses may be
changed by either party giving proper written notice to the other
as provided herein.
Utility:
LAKE HILLS UTILITIES, INC.
P. O. Box 915389
Longwood, Florida 32791
City:
CITY OF CLERMONT, FLORIDA
P. O. Box 120219
Clermont, Florida 34712-02l9
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18.
The rights, privileges, obligations and covenants of the
City and the Utility shall survive the completion of the work of
the parties hereto.
The parties agree that in any instance where
engineering plans are required to be prepared by any party for
submission to and approval by the other party to this Agreement,
such approval shall not be arbitrarily or unreasonably withheld.
19.
This Agreement
supersedes
all
previous
agreements
or
representations,
either verbal or written,
heretofore in effect
between the City and the Utility, made with respect to the matters
herein contained, and when duly exercised constitutes the agreement
between the City and the Utility.
No additions,
alterations or
variations to the terms of this Agreement shall be valid, nor can
provisions of this Agreement be waived by either party unless such
additions,
alterations,
variations or waivers are expressly set
forth in writing and duly signed.
This Agreement shall be governed by the laws of the State of
Florida,
and it shall be and become effective immediately upon
execution by both parties hereto.
IN WITNESS WHEREOF, the City and the Utility have executed, or
have caused this Agreement to be executed in several counterparts,
each of which counterpart shall be considered an original copy of
this Agreement.
Signed, Sealed and Delivered
in the presence of:
~ WIu~¡,1~
¿; ./2-L-
CITY OF CLERMONT, FLORIDA
BY'~~~
(SEAL)
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~-» ' d3)~
(!~cX~
127675\MADDOXDJ
8
LAKE HILLS UTILITIES, INC.
. M ndell, President
( SEAL)
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EXHIBIT "A"
to Wholesale Agreement by and between
the City of Clermont, Florida and
Lake Hills Utilities, Inc.
Tracts 19 and 20 of the map of property of Lake Highlands
Company of Florida, recorded in Plat Book 2, Page 28, of
the Public Records of Lake County, Florida. Subject to
rights-of-way for State Highway No. 50 and Hancock Road.
Approximately 19.83 acreSI. (Commercial)
AND
Tracts 29 through 34, inclusive, of the map of property
of Lake Highlands Company of Florida, recorded in Plat
Book 2, Page 28, of the Public Records of Lake County,
Florida. Subject to right-of-way of Hancock Road.
Approximately 59.52 acresf. (Residential)
AND
The West 1/2 of the Northwest 1/4 of the Southwest 1/4 of
the Northwest 1/4 of Section 27, Township 22 South, Range
26 East, Lake County, Florida. Less rights-of-way for
State Highway No. 50 and Hancock Road. Approximately
4.2l acreSI. (Commercial)
AND
The Northwest 1/4 of the Southwest l/4¡ and the South 1/2
of the Southwest 1/4 of the Northwest 1/4, all in Section
27, Township 22 South, Range 26 East, Lake County,
Florida. Less right-of-way for Hancock Road. Approxi-
mately 59.07 acreSI, (Residential)
133009\MADDOXDJ
r
8
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WHOLESALE AGREEMENT
THIS AGREEMENT entered into this ~íJ:4 day of #-' 1994
and between THE CITY OF CLERMONT, FLORIDA, a municipal
by
subdivision of the State of Florida
(herein referred to as the
nCityn)
and LAKE HILLS UTILITIES,
INC. ,
a Florida corporation
(herein referred to as the nUtilityn);
WITNESSETH:
WHEREAS,
the City is in the business of providing potable
water and wastewater service to residential users in the City of
Clermont and Lake County, Florida; and
WHEREAS, the Utility is in the business of providing potable
water service to residential users in Lake County, Florida; and
WHEREAS, the Utility has a sixteen inch (l6n) potable water
distribution main in Hancock Road in Lake County,
Florida
(the
nUtility's Main") which runs from Highway 50 south along Hancock
Road to the Greater Pines Subdivision; and
WHEREAS,
the City desires to provide water and wastewater
service
to
approximately
three
hundred
and
twenty-five
(325)
residential
dwellings
and
two
(2 )
commercial
parcels
to
be
constructed on two (2) tracts of presently vacant property, both of
which are adjacent to the portion of Hancock Road where Utility's
Main
is
located,
more
particularly
described
in
Exhibit
"A"
attached hereto (the "Knapp Property"); and
WHEREAS,
the Utility has filed a petition with the Florida
Public Service Commission
(the nFPscn)
asking to have the Knapp
Property included in its Certificated Area so that it could provide
water service to the Knapp Property (the "Petition"); and
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WHEREAS, the City has filed an objection to the Petition with
the FPSC stating that the City should provide water service to the
Knapp Property; and
WHEREAS, the parties hereto have reached an agreement whereby
the Utility will withdraw its Petition to provide water service to
the Knapp Property and will agree to sell water for the Knapp
Property to the City on a wholesale basis, and the City will agree
to purchase the water to be so provided from the Utility on a
wholesale basis; and
WHEREAS,
the City will agree with the owners of the Knapp
Property
to
provide
it
with
residential
water
and
wastewater
service; and
WHEREAS, this Agreement contains the terms and conditions of
the agreement between the City and the Utility.
NOW THEREFORE,
in consideration of the premises hereof and
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged,
the parties
hereto agree
as
follows:
1.
The developer of the Knapp Property
(the
"Developer" )
shall design, construct and install an on-site water distribution
system, including connection of the main, on the Knapp Property at
no cost to the City which has been designed to the City's standards
and good engineering standards which meet the prior approval of
both
the
City
and
the
Utility
(the
"On-Site
System") .
The
Developer shall convey the On-Site System to the City at no cost to
the
City.
The
On-Site
System
shall
include
all
water mains,
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laterals, meters,
fire hydrants and other equipment necessary to
provide residential water service to the future residents of the
Knapp Prop~rty and shall meet all applicable Municipal,
County,
State
and
Federal
regulations
for
residential
potable
water
distribution
systems.
The
On-Site
System
may
be
designed,
constructed
and
installed
in
stages
as
the
Knapp
Property
lS
developed.
The On-site system and connection to the main shall be
designed,
constructed and installed at no cost or expense to the
Utility or the City.
2.
The City shall own, maintain and operate all of the On-
Site System lying within the Knapp Property and that part thereof
outside the Knapp Property necessary to connect the On-Site System
to the Utility's Main.
The City shall provide water service to the
future residents of the Knapp Property, and such residents shall be
the
customers
of
the
City.
The
City
shall
have
the
sole
responsibility for all aspects of the service to such residents.
The
entire
On-Site
System
shall
at
all
times
be
maintained,
operated and kept in a good state of repair by the City in a manner
which shall meet all rules and regulations of all State and Federal
governmental entities.
3.
The On-Site System shall be connected to the Utility's
Main at such point(s) in the right-of-way of Hancock Road adjacent
to the Knapp Property which are agreed to by the engineers of the
City,
the Utility and the Developer.
The Utility shall provide
potable water to the City for the Knapp Property at the point(s) of
said connections.
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4.
Neither the Utility nor the City shall have the right to
make any connections to the water mains or facilities of the other
until formal written application has been made to such other party
in accordance with the terms of this Agreement and written approval
for
such
connection
has
been
granted.
Notwithstanding
the
foregoing,
the
Utility agrees
that
it
will
allow
the
City to
connect the On-Site System for the future development of the Adams
property which is located north of the Knapp Property on the west
side
of
Hancock
Road,
and
the
On-Site
System
serving
those
residences with EDB well contamination who are located south of the
Knapp Property,
to the Utility's Main under the same terms and
conditions as contained in this Agreement.
All transmission lines
necessary to serve such properties and customers shall be installed
at no cost to the utility.
5.
The Utility agrees that after connection of the On-Site
System to the Utility's Main as provided herein, the Utility will
continuously provide during the term of this Agreement, at its cost
and
expense,
but
in
accordance
with
other provisions
of
this
Agreement, a water supply to the City for the future residents of
the above-described properties
in a manner to conform with all
reasonable requirements of appropriate City, Lake County, State and
Federal agencies.
The Utility water supply shall meet the fire
flow
requirements
of
the
City
and
Lake
County.
After
the
connection is made to the Utility's Main in accordance with the
terms of this Agreement, each party agrees to maintain its separate
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water service facilities in a manner satisfactory to appropriate
State and Federal agencies.
6.
The Utility shall agree to a continuance of its petition
to the FPSC to provide water service to the Knapp Property until
the
time
that
the
City has
a wastewater
collection
system
in
Hancock Road adjacent to the Knapp Property with capacity available
to serve the three hundred and twenty-five (325) residential units
and two
(2)
commercial parcels
to be constructed on the Knapp
Property at which time it shall withdraw its petition.
In the
event
that
the Developer has not begun to install
the On-Site
System,
and in the event that the city has not
installed such
wastewater collection system, within nine (9) months from the date
hereof,
the
Utility
shall
have
the
right
to
terminate
this
Agreement at any time until the time such installation has begun
and such system is so installed, and upon such termination it shall
have the right to renew and review its petition with the FPSC, and
to contract directly with the owners of the Knapp Property for the
provision of water service.
7.
The
City agrees to pay to the Utility for all water
received by the City at the rate for each one thousand
(1,000)
gallons which is approved, from time to time, by the FPSC and which
the Utility charges all of its customers.
The current gallonage
rate approved by the FPSC is ONE AND 13/100 DOLLARS
($l.13)
for
each one thousand (l,OOO) gallons.
Additionally, the City agrees
to pay a monthly base facility charge of NINE AND 11/100 DOLLARS
($9.11) for each residential connection until there are eighty (80)
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residential connections.
Thereafter,
the City will pay a flat
SEVEN HUNDRED TWENTY-EIGHT AND 80/100 DOLLARS
($728.50)
monthly
base facility charge,
which is equivalent to the base facility
charge the Utility would assess if the Property were served by an
eight inch (8") master meter.
The amount of water which shall be
received and paid for by the City shall be the number of gallons
which pass through and are measured by the individual meters which
the City uses for each of its customers.
8.
The initial rate for one thousand (1,000) gallons may be
adjusted from time to time by the Utility.
All such adjustments
shall be to a rate which shall be uniform and equal for bulk users
in the same classification as the City, and shall be approved by
the FPSC.
Adjusted rates when established by the Utility shall
become effective sixty (60) days from the date of written notice
given by the Utility to the City, and the City shall thereafter pay
said charge as adjusted.
9.
The City shall submit to the Utility monthly reports
showing the volume of water flow in gallons recorded by the meters
at each residential and commercial connection then existing on the
Knapp Property.
The monthly report will be due thirty (30) days
after the City invoices their customers on the Knapp Property.
The
report will be accompanied with payment for the amount of water
shown on the report.
Upon failure of the City to pay within the
thirty (30) day period, the Utility, upon three (3) days' written
notice to the City, shall have the right to terminate service until
all sums due the Utility have been paid.
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10.
The
water
to
be
supplied by
the
Utility under
this
Agreement is intended solely for the approximately three hundred
and twenty-five
(325)
residential units and two
(2)
commercial
parcels to be located on the Knapp Property.
If the City shall
request
the
Utility
to provide
water
for
any
other
property,
project or subdivision on a wholesale basis, including the property
described in Paragraph 4 hereof,
the Utility shall provide such
water on the basis provided in this Agreement; provided, that the
Utility has the capacity to provide such water and has adequate
water mains adjacent to the property, project or subdivision to be
served, or such capacity is installed by the City or a developer,
and
provided
the
City
shall
cause
the
Utility
to
be
paid
a
Contribution-in-Aid-of-Construction
(a "Connection Fee")
and the
gross-up income tax thereon as approved by the FPSC.
11.
The Utility shall have the right of access at all times
to read,
record,
observe,
inspect and check the accuracy of the
metering facilities, if any, and the Utility is further given the
right to inspect,
at reasonable times,
all books,
records,
and
other information of whatsoever nature of the City relating to the
water flow from the Utility's water system to the City.
12.
The City shall be solely responsible for the collection
of
all
the
fees
and charges
it makes
to each residential
and
commercial unit being served within the Knapp Property,
and the
failure to collect said service fees and charges shall not relieve
the City from paying to the Utility the full monthly charge as set
forth in this Agreement.
7
8
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13.
The
City
shall pay to
the Utility a Connection Fee
calculated as the capacity charge in the amount of FIVE HUNDRED
FORTY AND NO/lOO DOLLARS ($540.00), plus a sum equal to the income
tax
gross-up
of
THREE
HUNDRED
TWENTY - FOUR AND NO /100
DOLLARS
($324.00) thereon as approved by the FPSC for a total Connection
Fee of EIGHT HUNDRED SIXTY-FOUR AND NO/100 DOLLARS
($864.00)
for
each residential unit connected to the City's On-Site System served
by the Utility's water system.
This Connection Fee, by approval of
the FPSC, may be adjusted, in which event the City agrees to pay
the prevailing Connection Fee so approved by the FPSC for those
residential units and commercial users connected on or after the
effective date of the adjusted Connection Fee.
The Connection Fee
shall be paid by the City to the Utility prior to connection of
each residential and commercial unit, and failure of the City to
pay such fees shall entitle the Utility, after fifteen (l5) days'
written notice to the City, to bring suit against the City for the
collection of such fees.
In the event that the Utility shall bring
suit against, the City for collection of any sums due under this
Agreement, the prevailing party in such suit shall be entitled to
collect therein all costs and attorneys'
fees incurred by it in
such suit, at both the trial and appellate levels, from the losing
party.
l4.
The initial term of this Agreement shall be for one (l)
year, beginning with the date that the Utility first supplies water
to
the
City
hereunder,
and
such
term
shall
automatically
be
extended from year to year thereafter for successive one (1) year
8
8
8
terms.
Notwithstanding the foregoing, the City may terminate this
Agreement at any time, provided such terminating party gives the
other written notice of termination hereof on or before six
(6)
months
prlor
to
the
termination date
stated
in
the
notice
of
termination,
ln
which
event
this
Agreement
shall
end
at
the
termination date.
15.
Nothing contained herein
shall
prohibit,
restrict
or
limit the Utility from providing water service to any other area to
which the Utility could otherwise provide such service but for the
existence of this Agreement,
and provided further,
that nothing
contained herein shall limit or restrict the Utility in any manner
from imposing any rate or charge to any of its water customers,
other than for water service provided directly to the City as
purchaser hereunder, or impose any other obligation on the Utility
except as specifically provided herein.
l6.
This Agreement shall be binding upon and shall inure to
the benefit of the City, the Utility and their respective assigns
and corporate successors by merger, consolidation or conveyance.
l7.
All notices provided for herein shall be in writing or by
telegram,
and shall be mailed by registered or certified mail or
delivered to the addresses shown below,
which addresses may be
changed by either party giving proper written notice to the other
as provided herein.
Utility:
LAKE HILLS UTILITIES, INC.
P. O. Box 915389
Longwood, Florida 3279l
City:
CITY OF CLERMONT, FLORIDA
P. O. Box 1202l9
Clermont, Florida 34712-0219
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18.
The rights, privileges, obligations and covenants of the
City and the Utility shall survive the completion of the work of
the parties hereto.
The parties agree that in any instance where
engineering plans are required to be prepared by any party for
submission to and approval by the other party to this Agreement,
such approval shall not be arbitrarily or unreasonably withheld.
19.
This
Agreement
supersedes
all
previous
agreements
or
representations,
either verbal or written,
heretofore in effect
between the City and the Utility, made with respect to the matters
herein contained, and when duly exercised constitutes the agreement
between the City and the Utility.
No additions,
alterations or
variations to the terms of this Agreement shall be valid, nor can
provisions of this Agreement be waived by either party unless such
additions,
alterations,
variations or waivers are expressly set
forth in writing and duly signed.
This Agreement shall be governed by the laws of the State of
Florida,
and it shall be and become effective immediately upon
execution by both parties hereto.
IN WITNESS WHEREOF, the City and the Utility have executed, or
have caused this Agreement to be executed in several counterparts,
each of which counterpart shall be considered an original copy of
this Agreement.
Signed, Sealed and Delivered
iv::e1d~
{fdL
CITY OF CLERMONT, FLORIDA
BY'/'Z¿ Ô~
-----------
(SEAL)
10
8
~ 'iøJ()/4
~PrXÞ:/ZÆ~~-
127675\MADDOXDJ
.
LAKE HILLS UTILITIES, INC.
BY'~
R ert A. Ma ell, prèsident
(SEAL)
11
.
8
.
EXHIBIT "A"
to Wholesale Agreement by and between
the City of Clermont, Florida and
Lake Hills Utilities, Inc.
Tracts 19 and 20 of the map of property of Lake Highlands
Company of Florida, recorded in plat Book 2, Page 28, of
the Public Records of Lake County, Florida. Subject to
rights-of-way for State Highway No. 50 and Hancock Road.
Approximately 19.83 acres:t. (Commercial)
AND
Tracts 29 through 34, inclusive, of the map of property
of Lake Highlands Company of Florida, recorded in Plat
Book 2, Page 28, of the Public Records of Lake County,
Florida. Subject to right-of-way of Hancock Road.
Approximately 59.52 acres:t. (Residential)
AND
The West l/2 of the Northwest 1/4 of the Southwest 1/4 of
the Northwest 1/4 of Section 27, Township 22 South, Range
26 East, Lake County, Florida. Less rights-of-way for
State Highway No. 50 and Hancock Road. Approximately
4.21 acres:t. (Commercial)
AND
The Northwest l/4 of the Southwest l/4; and the South 1/2
of the Southwest 1/4 of the Northwest 1/4, all in Section
27, Township 22 South, Range 26 East, Lake County,
Florida. Less right-of-way for Hancock Road. Approxi-
mately 59.07 acres:t. (Residential)
133009\MADDOXDJ