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1995-06-06pKEECyo �` COA10��►' A. Call Meeting to order on June 6, 1995 at 7:00 p.m. B. Invocation offered by Reverend John Hart; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Councilmember Noel A. Chandler Councilmember Michael G. O'Connor Councilmember Robert Oliver Councilmember Dowling R. Watford, Jr. Staff Attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the meeting to order on June 6, 1995 at 7:00 p.m. Reverend John Hart offered the invocation; Mayor Kirk led the Pledge of Allegiance. Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Absent D. Motion to dispense with the reading and approve the Summary of Councilmember Chandler moved to dispense with the reading and approve the Council Action for the regular meeting of May 16, 1995. Summary of Council Action for the meeting of May 16, 1995; seconded by Councilmember Watford KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. x x x PAGE 1 OF 8 x 581 - E. Motion to approve Warrant Registers for March and April, 1995 GENERAL FUND PUBLIC UTILITIES March 1995 $233,086.79 $504,863.00 April 1995 $191,932.99 $519,533.49 JUNE 6, 1995 - REGULAR MEETING - PAGE 2 OF 8 Councilmember Watford moved to approve the Warrant Registers of the General Fund for the month of March, 1995, in the amount of two hundred thirty-three thousand, eighty-six dollars, seventy-nine cents, ($233,086.79); for the month of April, 1995, in the amount of one hundred ninety-one thousand, nine hundred thirty-two dollars, ninety-nine cents, ($191,932.99). Also, of the Public Utilities Fund for the month of March, 1995 in the amount of five hundred four thousand, eight hundred sixty-three dollars ($504,863.00); for the month of April, 1995, in the amount of five hundred nineteen thousand, five hundred thirty-three dollars, forty-nine cents, ($519,533.49).; motion seconded by Councilmember Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL III Mayor Kirk asked Council and Staff for additions, deferral's or withdrawals of items from OF ITEMS ON TODAY'S AGENDA today's agenda; there were none. F. NEW BUSINESS 1. Motion to approve Nate Stewart as a regular police officer - Councilmember O'Connor moved to appoint Nate Stewart as a regular police officer; Chief of Police III seconded by Councilmember Watford. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED X X X X X X X X X X 582 JUNE 6, 1995 - REGULAR MEETING - PAGE 3 OF 8 F. NEW BUSINESS 2. Motion to approve Herb Smith as a regular Lieutenant - Fire Councilmember Oliver moved to appoint Herb Smith as a regular Fire Lieutenant; Chief. 11 seconded by Councilmember Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 3. Motion to approve a water and wastewater service contract Mayor Kirk introduced for discussion agenda item number three, a request to approve between the City and the School Board - City Administrator a Water and Wastewater Service Contract between the City and the School Board for (Exhibit 1). the new Middle School to be located next to the South Elementary School (exhibit one). Councilmember Watford questioned whether a motion for these two utility contracts should be done together or separately; and Council was advised by Attorney Cook that they should be handled separately. Councilmember Watford moved that we approve a Utility Agreement for Water Service between the City and the Okeechobee County School Board; motion seconded by Councilmember O'Connor. Discussion ensued with Councilmember Watford stating that this is the standard agreement that we use with all developers and that he noticed there are several places where this agreement has been amended and initialed and questioned Utility Director Jones whether these changes were okayed by the city and who initialed the changes. Director Jones referred the questions to Administrator Drago and it was explained that Superintendent Danny Mullins made the changes and initialed them. Also that the School Board asked for the changes because some of the items in the agreement are not appropo to their development and can just be taken out. Also that the City Administrator reviews these and approves them for the City. X X X X X JUNE 6, 1995 - REGULAR MEETING - PAGE 4 OF 8 '�. NEW BUSINESS 3. Motion to approve a water and wastewater service contract Attorney Cook advised that if the City Council approves the agreement, then you will between the City and the School Board continued. III approve it with the deletions that the Superintendent has made in the contract. Councilmember Watford questioned Director Jones whether this is for twenty thousand, two hundred fifty gallons per day and whether we are certain that we have that capacity and can in fact supply that amount; also that this request is for the new Middle School on Wolf Road; and that all the necessary fees have been or will be paid? Director Jones stated that is correct and that all the fees were paid today. Councilmember Watford also asked whether there were any disputes and if fees were not paid with protest and everything is okay on this and Council was told by Director Jones that we reviewed the preliminary drawings on their construction site and everything met with our standard specifications and are okay. Vote on motion: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mayor Kirk called for a motion to approve the Wastewater Service Contract between the City and the School Board. Councilmember O'Connor moved to approve the Wastewater Service Contract between the City and the School Board; seconded by Councilmember Watford. Councilmember O'Connor commented on the problems encountered when the sewer line was put in by the contractor for the Seminole School project on "98" and questioned the Utility Director as to who is going to inspect the one for this Middle School before we accept it for the City; and whether they are going to inspect it before they dirt it. • JUNE 6, 1995 -REGULAR MEETING -PAGE 5 OF 8 :....:......................................:...::::.:.::.:.....:.::::::::::.::::..:...:..........:....................................:...:...::..::.:::.::.::.:.::::::::::::..:::::...:.:::.::. _........_..............................................................._.................................., ................... ,:::::.::.:::.:...:.::::.:::::..;:::.:.::: T:: O ............13 _ . .L _. . 1 ... .. F. NEW BUSINESS 3. Motion to approve wastewater service contract between the Director Jones informed Council that the School Board Engineer for this project was Mr. City and the School Board continued. Tom McGowan and he has been inspecting it. That he will do a walk through with him on it and the City has the right to reserve the right to inspect it and ask him to dig it up and let us look at it in certain spots if we desire. City Engineer Dan Willard commented to Council that Mr. McGowan is the engineer of record and will have to certify that it was done according to the substantial compliance with the specifications and as long as he has certified it, it is okay. Councilmember O'Connor questioned further the inspection of the line before it is dirted and stated the City did not want another nightmare like we had on "98". Utility Director Jones stated he was not going to inspect it and that it is already on their property and it is not the City's responsibility to maintain the forcemain on their property. The City is maintaining it from their connection only, and that is it. It is their responsibility to the point of connection and will remain so. Councilmember Watford questioned the capacity amount. Director Jones informed Council that anytime capacity is asked for there is compliance. They are in compliance at this time. We are nearing the point of where we are going to have to do something at the wastewater treatment plant in the near future. But we can hook this project on and service it. We have the capacity to do that. Under today's flows we have no problem with it. Last year our highest flow day was 2.5 million gallons per day. Councilmember Watford questioned whether the City was nearing the time where we are going to have to go on a moratorium. Director Jones informed Council that at this time Department of Environmental Protection has not addressed that issue, however, we cannot go on forever without a treatment plant expansion. Also that he plans to put it into next year's budget whether we have a Utility Authority or the City, it will be addressed in the Public Utilities capital budget. Mayor Kirk stated it will be about a year until the completion and requiring of these hookups. It will be a year from August before they actually occupy the building. 585 ' F. NEW BUSINESS 3 13 JUNE 6, 1995 - REGULAR MEETING - PAGE 6 OF 8 Motion to approve wastewater service contract between the Vote on motion is as follows: City and the School Board continued. 11 KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED Discuss the Utility Authority - Mayor Kirk. After discussion by Council and staff; Attorney Mike Minton, of Dean, Mead and Minton; and Gerald Hartman, Engineer of Hartman and Associates; and Phillip Gonot of PMG Associates, Council took action to withhold any decisions regarding the Utility Authority proposals from Mike Minton and Gerald Hartman until after a study is done by PMG Associates, Inc., to review and analyze data presented by the consultants for the Utility Authority as well as financial data of the City. This study is to be complete and returned in two weeks in time to be placed on the next Council Agenda of June 20, 1995. After further discussion motion was made by Councilmem ber O'Connor to hire Phil Gonot of PMG Associates to do the study. (as proposed in the amount of two thousand, three hundred eighty dollars f$2 380.001)in two weeks-, seconded by Councilmember Chandler for discussion. Vote on motion after discussion: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. i 11 9 A • F. NEW BUSINESS 4, Discuss the Utility Authority continued. JUNE 6, 1995 - REGULAR MEETING - PAGE 7 OF 8 Following further discussion Councilmember Watford moved to ask the Consultants, Minton and Hartman to return to the Utility Authority Board and ask them for reconsideration of the surcharge and equalized rate questions and consider the six percent (6%) Surcharge and three percent (3%) Utility charge be paid by the County and Beachwater customers only and time limit to infinity for City customers: seconded by Councilmember O'Connor. Councilmember Oliver questioned if we are selling the system, why should others pay more than the City? Councilmember Watford commented, because that is what we asked for from the beginning. Vote on motion: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mayor Kirk commented that this matter is over until we get our study back from PMG and Associates, Inc., in two weeks, June 20, 1995. Utility Authority Consultant Mike Minton asked whether they wanted to go over the personnel Handbook or the other options concerning payments. Council responded no, not at this time. Councilmember Watford commented that originally he liked the "one payment", ($3,000,000.), but now after these discussions he agrees with the Mayor's choice of amortized payments over a period of thirteen years as proposed by the Consultants of the Utility Authority. Councilmember Oliver commented that the one time payment was what he favored. x x x x x 587 Adjournment Mayor Kirk. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on file in the City Clerk's Office. E. Kirk Mayor ATTEST: JUNE 6, 1995 - REGULAR MEETING - PAGE 8 OF 8 With no further Action on this item the meeting was adjourned by Mayor Kirk at 9:37 p.m. Ln-(a-q5 - i,pm Nit (IJnLttcn /r) ' ubA) �Q�,ce1(Dnt�rn-y (d OA&Aq &Mt b IL O/X u MChbn AD r r fr 6� w f _:flex - C v5 ` 191902' 99 (Y&/q,5L 3. y5 I' )v.,aao)�Otm Ao '.. IRK n/a tt/a trd& v :;UtJIJUR 11TCURD d CARRIED DENIED KIRK I ti/a 111/a U' GUtJNUIt WAT[URD CARRIED DENIED l ol �-- Ae wu�.a�,w. I kucv . J - - Fi Mo irl m o 4✓t�cc•�-ems-eit.o�. a e /<` jp Al 09 Elw r !I. u Me �U �/. 4xo Z as oAwfi. a--C &Z V. 4- S 0 OEM IN, ,,wMRP�~- MR g� yv • o ve ) • �a s A -- �? 1_ x� G v Q. k A .Q r rX.1-1 C- • r T�Pi7W-Imoll No —�V— 1"'lli'l 1lo i / / • X�" rv� Owl e,�-e-Qez �4✓ i d� Z Item 3. Mayor Kirk introduced for discussion agenda item numbs approve a water and wastewater service contract between the city for the new middle school next to the South Elementary school. I Councilmember Watford asked whether these should be done tog Mayor Kirk referred that question to the city attorney, who handled separately. Councilmember Watford moved that we approve a utility ag. between the city and the Okeechobee County School Board; Councilmember O'Connor. Discussion ensued with C. Watford stating this is the standard V with all developers. He questioned UD Jones that he noticed where this agreement has been amended, initialed in several 1 Director Jones referred the questions to the Administrator. C. initials are those on the proposed service contractesides Mr. for the City? hehant stated nobody initialed do Who asked for the changes, us? Adm. n asked for the changes) Because some of the items in the agrees their development, so they can just be taken out. 3, a request to Id the school board obit #L her orparately? the items should be for water service d by that we use veral places those, all okay? tfordIwo hose initialed it "3ty? Adm Drago . (DW), we didio-Wl- the5chool Board itVnot appropro to DW and we have somebody from the city(has looked at this and said that that's all okay? Adm. Yes. . I revie%y th se things. DW okay. V.. Atty. Cook - If the city approves that agreement then you will a prove it with the deletions that the Superintendent has made in the contract. DW - Wayne, (Jones, UD), I assume this is for twenty thousand two hundred and fifty ve gallons per day and we are certain that we have that capacity at d can ,in fact 'supply that? WJ - In the Water system? - DW - yes, and I assume this is for the school on Wolff Road!; -the new middle schoolwknd all the fees have or will be paid? WJ - yes they were paid today. DW And there's no dispute or they were not paid 'th any protest and as far as we know, everything else is okay? WJ - We reviewed the preliminary drawings on their constru, with our standard specifications. DW - They aren't asking us L, ` run any lines for them or ...WJ - No. Vote on motion - carried. >n site and everything met give them anything else, ZZ Item 3 ... continued With no further discussion on the Water portion of this agenda item, Mayor Kirk called for a motion to approve the WasteWater service contract between the city and the school board. Councilman O'Connor moved to approve the WasteWater Service City and the School Board; seconded by Councilmember Watford C. O'Connor questioned WJ as to why on -his ... When they built 98" whoever the at put the sewer in, it went like across the airpor' went down "98" and when it went c going in to the :MZ yessir ...00 I don't know what the d i� be for sewer mderground but across that field somel '� washes the dirt of it you can see it. And I think that's back in and putorce mains or something in to get it wasn't level...Wh0 is going to inspect this one for the school befc City? Contract between the Seminole school on " "that" when it went own across that field :pths are supposed to ones when it rains and the one you had to go :o going because it re we accept it as the UD Jones - Mr. Tom McGowan and myself will do the final w through on it. He is their engineer. However they're tying into an existing force main there that's already in existance, a 109force main. And all they're doing is going underneath the existing road and tying into it. CO ... So ther is nothing like this that's goin to, ha ern like happened out there? WJ...Not to my knowledge, no sir....WJ thwill be on their pr perty....00 - and just so I'll know and everybody else up dumb hereknows, Mays,maybe, when You inspect this sound but I've done some underground You going to inspect it, I know how work before .. 're they going to inspect it before they dirt it? WJ - Mr. McGowan has been inspecting it ...I will do a final walk through with him on it and we have the right to reserved the right to inspect it and ask iiin to dig it up and let us look at it in certain spots if we desire. OC...Do you agree with that Dan (Willard, City Engineer)? D ...Well Mr. McGowan is the engineer of record and will have to certify that it was done according to the substantial compliance with the specifications. As long as he is certified it its okay. MO..Well this is is no reflection on Mr. McGowan, but that other guy out there had to do the same thing. And you see what we got stuck with. So this is why I ask this -are you 7 going to inspect it? Before he dirt it? WJ..No sir. MO ...well how in the world are you going to tell i it's running uphill or downhill if it's already dirted? WJ..It's already on their property C. O'Connor and it's not our responsibility to maintain the forcemain on their property. MO ... Okay. 3 Page 3 Item 3 ...cont's WJ..we are maintaining it from thier connection, AND THAT IS IT. MO ... Okay, I just want to know. We don't want to run into anything like we had out there. Kirk..and it will remain their responsibility. WJ...that's correct. they are to hang onto it to the point of connection. Mo... Okay. Just didn't want another nightmare like we had on "98". WJ I understand. MO ... that's all I have. Watford ... I'd just like to ask on the capacity, which obviously is th same capacity they were asking for for water. A& ..anytime they ask for the capacity t iere is compliance. They are in compliance at this time. As I stated previously we are nearing the point of where we are going to have to do something at the Wastewater t atment plent in the near future. DW...but we can m fact hook this on and service it? WJ ... that's correct. DW..and we do have the capacity to do that? WJ... yes. Under toe Lay's flows we have no problem with it. DW... how about in the winter time whenever we are at our peak flow? WJ..You have a Peak flow day and peak range day together and that's pushing very hard. Last year our highest flow day was .53mgd. DW... are we in a spot where we're gonna have to go on, a moratorium? WJ... at this time DEP has not addressed that issues however, we cannot go on forever without a treatment plant expansion. WJ... I will be putting into next years budget whether we have a Utility Authority or the City, it will be addresseed by myself in the capital budget. Kirk... Schools, what is their anticipated day here? About a year? on completion of it about a year on completion of it in requiring these hookups? W ...no sir. Its my understanding it will be pretty close its my understanding it will a the next school term. If I'm of mistaken. Kirk....next school term a year from �this A gus t. twelve months froe not planning on this August. on A-feP44-AegwA, It will be a yeE r before they actually occupy the building. With no futher comments vote on motion: All yes motion carri d. Page 4 - Agenda Item 4. Discuss the Utility Authority - Mayor Kir After discussion by Council and staff; Mike Minton of Dean, Meal Gerald Hartman, Engineer of Hartman and associates; and Phillip Associates, Council took action to withhold any decisions regardin proposals from Mike Minton and Gerald Hartmen until after a sti Associates, Inc., to review and analyse data presented by the con is to be Authority as well as be a l y data of the City. in two weeks in time t paced on the next Council This studAgenda of and Minton; and Gonot of PMG the Utility Authority dy is done by PMG altant for the Utility :omplete and returned f une 20, 1995. Motion was made by Councilmember O'Connor to hire Phil Gon t of PMG Associates to do study (as proposed in the amount of d2,380.�n, in two weeks, (as discussed); seconded by Councilmember Chandler for Vote on motion after discussion: All yes except Councilmember liver voted no against the motion. Motion Carried. Following further discussion Councilmember Watford moved to ask the Consultants (Minton and Hartmen), to return to the Utility Authority Board md ask them for reconsideration on the surcharge and equalized rate questions ud consider the 6% Surcharge and 3% Utility charge be paid by the County and Bea hwater Customers only and time limit to infinity for City Customers; seconded by Coun ' ember O'Connor. Councilmember Oliver questioned if we are selling the system, by should others pay more that the City? Councilmember Watford commented, because that's what we asked for from the beginning. Vote on motion: All yes except Oliver voted no. Motion Mayor Kirk commented this matter is over until we get our stu y back from PMG and Associates in two weeks, June 20, 1995. Consultant Mike Minton asked whether they wanted to go over the personnel handbook or the other options concerning payments. Council responded no, not at this time. Councilmember Watford commented that originally he liked the one payment ($3,000,000.) but now after these discussions he agrees with the Mayor's choice of amortized payments over a period of thirteen years as proposed by the consultants of the UA. Councilmember Oliver commented that the one time payment was what he favored. With no further action taken on this item, the Meeting was adjourned by Mayor Kirk at 9:37 p.m. w O U 04 hr�■l1 V ro V I 0 mm m cc 3 e 9 0 0 :a ►' 4i W JI c A o, �0) C' 3 0 W h m WMZ Z�W LU h Z� �W pZ-LU o3w �yrzl yaz Lou WyW av Z� � h ~ U � ZWw� LL. 0 � COD a azLUa ty O W T ZQcc3 • 0 Section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ".0 UTILITY AGREEHENT for WATER SERVICE TABLE OF CONTENTS Title Preamble . . . . . . . . . . 0 . . . . . Definitions. . . . . . . . . . . . . . Capacity Allocation. . . . . . . . . . Agreement to Serve . . . . . . . . . . Fees . . . . . . . . . . . . . . . . Payment of Fees. . . . . . . . . . . . . . On -Site Installations. . . . . . . . . Off -Site Installations . . . . . . . . . . Procedures for Construction of Installations . Water Meters . . . . . . . Title to Installations Constructed byDeveloper . . . . . . . . . . . . . . . Easements. . . . . . . . . . . . . . . . Voluntary Annexation . . . . . . . . . . . Mortgage Liens . . . . . . . . . . . . . . City's Exclusive Right to Utility Facilities . Exclusive Right to Provide Service . . . . . Service Rates. . . . 0 0 9 . . . Application for Service to Consumer Installations. . . . . . . . Water Conservation . . . . . . 0 0. Inspection . . . . . . . . 0 0 . . . . . Relocation of Utility Facilities . . . . . . Notices . . . . . . . . . . . . . . . . . . . Cost and Attorneys' Fees . . . . . . . . . Interpretation . . . . . . . . . . 0 0 . Assignment . . . . . . . . . . . . 0 . 0 0 i EwI Paste 1 1 2 3 3 3 3 4 4 5 5 6 7 7 7 7 8 8 8 9 9 9 9 9 10 • 26 Strict Compliance. . . . . . . . . 27 Time of the Essence. . . . . . . . 28 Entire Agreement and Incorporation, by Reference . . . . . . . . . . 29 Binding Effect . . . . . . . . . . 30 Liability . . . . . . . . . . . . . 31 Governing Law. . . . . . . . . 32 Effective Date . . . . . . . . 33 Counterparts . . . . . . . . . . ii • 10 • 10 • 10 • 10 • 10 • 10 • 10 • 10 UTILITY AGREEMENT for WATER SERVICE THIS AGREEMENT is made and entered into this day of , 19 , by ar; between The City of Okeechobee, a political subdivision of the State of Florida, hereinafter referred to as "City" and Okeechobee County (Dev loper s Name) School Board referred to as "Developer/Owner', a Political Sub -Division (Type of Organiza hereinafter WHEREAS, Developer owns land to ated in Okeechobee County, Florida as described in Exhibit "A" a d shown on the survey in Exhibit "B" attached hereto (the "Property"),, and Developer intends to develop the Property; and WHEREAS, Developer has requested tat the City provide central water service for the Property; and WHEREAS, the City is willing to provide central water service to the Property and thereafter to operate the utility facilities so that the occupants of the improvements on the Property will receive water service from City in accordance with the provisions of this Agreement; NOW, THEREFORE, for and in considers ion of the premises, the mutual undertakings and agreements herein contained and assumed, and the Water Agreement, Developer and City hereby covenant and agree as follows: correct. 1. Preamble. The foregoing sta ements are true and 2. Definitions. The following efinitions of terms used in this Agreement shall apply unless the context indicates a different meaning: (a) "Application" - A request in writing from Developer or a consumer on forms provided by City requesting pursuant to the Developer's Agreement specific water service. (b) "Connection Fees" - A fee or charge paid to the City Utility Department by the Develops /Applicant for the purpose of obtaining water service capacity. onnection fees will be utilized for the operation and maintenance of the water distribution system and to pay for relat d services to the property. (c) "Consumer Installation" - All facilities ordinarily on the consumer's -side of the point of delivery (e.g. curb stop, lateral connections.) (d) "Contribution -in -Aid The sum of money and/or the value of prerequisite to service to the Property. (e) "DER" The Florj Environmental Regulation, or its successor acre 1 :tion ( CIAC) " - required as a Department of (f) "Development Phase" A subdivision or construction phase of the construction of tility facilities on Property. (8) "EEC" - A factor used to convert a given average daily flow (AMP) to the equivalent umber of residential connections. (h) "Facilities" - See Uti ity Facilities. (i) "GPD" - Gallons per da . (j) "Installation" - See Utility Facilities. (k) "Consumer's Point of Delivery" - Unless otherwise specified herein, the point where the water meter is connected to the Developer's or consumer's service lateral. The water meter will be set at the consumer's property line unless otherwise provided. (1) "Develo er's Point of De iver " - The point where the water service enters the Develop r s Property or the point of connection of Developer's off -site installation to the City's System pursuant to Section 8. (m) "Property" - The land described in Exhibit "A" and shown on the Survey in Exhibit "B" a tached hereto. (n) "Service" or "UtilitL readiness and ability of the City to furnis service to the point of delivery. (o) "Service Rates" or "Rat existing and future schedules of rates an service, including connection fees, meter set fees and charges which from time to time are ordinances, resolutions or policies adopted b7 of Service Rates shall be of general and unifo the City-wide water and sewer utility system, ( p ) "Water System Capacity" which can be pumped from the lake, treat distributed on an average daily basis, wb reserved in gallons per day and includes capacity fees will be utilized for the acqui expansion and construction of facilities deer department to furnish water capacity to t adequately fund capital equipment and improve system. (q) "Utility Facilities" a "Installations" - Utility facilities mea equipment, fixtures, wells, pumps, lines, mt stations, pumping stations, laterals, servi appurtenances together with all real props rights -of -way necessary to provide water sere whether located on -site or off -site. ' Facilities," "Water Facilities," "Facilities, shall be interchangeable unless otherwise indii irvice" - The and maintain water to" - The City's charges for water fees, and all other n effect pursuant to City. The schedules m application within The amount of water L,d, transmitted and ere such amount is fire flow. System gition, improvement, aed necessary by the he property and to ments in and for the r "Facilities" or s and includes all ins, manholes, lift :e connections, and rty, easements and ice to the Property he words "Utility ' or "Installations" ated by the context. 3. Capacit• Allocation. The par ies agree that the capacity needed to provide service to the Property is a3,4S-0 gallons per day for potable water supply. Capacity allocation is subje Department of Environmental Regulation (Sects Statutes, and FAC 17-4.07 and 17-4.15) and ap] permits for the property. Should the Flc Environmental Regulations refuse to issue a solely because capacity is not available, the D City to rescind the allocation of capacity. 2 ct to the Florida on 403.021, Florida oroval of applicable ride Department of pplicable permit(s) sveloper may request Y Developer agrees that the gal onage calculation to determine capacity is for the purpose of al ocating capacity for the Property and not for purposes of any oth r calculations. 4. Agreement to Serve. Develop construction within 6 months from the date city, and agrees to complete construction and permits, certificate of occupancies ar requirements within /a time frame will not obligate the city to refur paid, nor shall city pay any interest on the reserves the right to recapture capacity all of the Developer to meet the time frame condd Upon the completion of cor facilities by Developer, satisfactory inspect the final letter of acceptance by City, and of this Agreement, City agrees to permit con facilities installed by the Developer to the c City and to provide utility service in accor and intent of this Agreement. Such connectioi be in accordance with rules, regulations applicable governmental authorities includin Environmental Regulations and City. Cit3 Developer or others have connected consumer int central facilities, City will continuously p: to the Property subject to continued complie consumer with all applicable City requirement excepting unavoidable disruption of servic maintenance, etc. ' 5. Fees. In addition to the Coni construction (CIAC) where applicable, Develol pay to City all applicable Fees in accordanc from time to time in effect. Payment of the Developer from payment of any other char including meter fees. City shall not be ob1J portion of Fees paid, nor shall City pay any paid. Should the Florida Departmen Regulation refuse to issue the applicable perm: capacity is not available, refunds of the fees within thirty days from such written notificat denial. Such requests to City for refunds mus a written request from Developer that the cap rescinded. Developer shall be obligated amount in effect at the time Developer is requi or any initial portion thereof. No user or service shall be entitled to offset any bill r such service against Fees paid. Developer sh+ to offset Fees paid or payable against any cla 6. Payment of Fees. Developer wit the fees at the time water capacity is allocate Exhil�i " " attached hereto. Failure to pay (P O will result in I Agreemen and recapture of capacity alloc+ operating charge shall be assessed for each r has not been transferred to a consumer after on water capacity was allocated or at the time issuance whichever occurs earlier. Rates and change from time to time by the city council, ai and fees charged shall not be construed as a col of the project. 3 r agrees to commence 3f acceptance by the obtain all necessary d other licensing Failure to meet this d any portion of fees fees paid. The city ocations for failure tions. struction of water Lons, the issuance of subject to the terms zection of the water entral facilities of lance with the terms ,a shall at all times and orders of the g the Department of agrees that once itallations to City's *ovide water service nce by Developer or s for such service, e due to repairs, ributions in Aid of er hereby agrees to s with the Schedule tees will not excuse ;ea uniformly made gated to refund any nterest on the Fees of Environmental ,t(s) solely because gill be made by City ion from DER of its t be accompanied by Icity allocation be o pay Fees in the ed to pay the Fees, consumer of water :ndered by City for 11 not be entitled .ms of City. be required to pay in accordance with he fees by ermination of this tion. A monthly maining unit which year from the date of building permit .ees are subject to d the initial rates tract over the life • of-c ruction, the on -site water l fLldt Developer located on the Property. installations" s and includes all water die mains, lines and pip and related facil' entry of City facilities a velope roper of Deliver, excluding consumer nstallatioq and design to serve each or un ithin otherwise required b y. Developer s J' expense, all o e aforesaid facilities wit; accordanc h the plans, specifications and doc - s approved by the City and in accorda 8. Off -site Installation. To indi service to the Property, Developer agrees t transfer ownership and control to City as a cont construction all necessary off -site installatic Property to the City's existing facilities. installations" means and includes all water disc mains, lines and pipes and related facilities a design to serve the Property or as otherwise Such off -site installations shall be in accorda plans of the City as they relate to the water system. Developer shall install all of the off at its sole expense and in accordance specifications and other pertinent documents except that in no event shall Developer be rE lines to the benefit of other properties with( for reimbursement on behalf of such other prof shall construct the off -site installations Section 9, "Procedures for Construction of Ins - Les constru by The t "on -site t ion and supply from the point o :y line to the Point s, adequate in siz the Property or as nstall at its sole he Property in all o ertinent ace with Se 9, .ce City to provide construct and to ribution-in-aid-of- ns from Developer's The term "off -site ribution and supply 3equate in size and required by City. ace with the master and sewer utility -site installations With the plans, approved by City guired to oversize ut prior agreement erties. Developer n accordance with allations" hereof. 9. Procedures for Construction of Installations. Developer agrees that construction of all on site and off -sit: installations as defined in Sections-:F erne} 8 , shall b in accordance with the following requirements: &, (a) Permits. Developer shall submit applicable DER permit applications to City for signature prior to submission of permit application to DER. Developer shall make application to City for Underground Utility Permits and any other applicable permits such as Right -of -Way Use Permits or D.O.T. Permits upon receipt of an approved permit from DER. (b) Plans and Specifications. furnish City with three (3) sets of all plans (Plans) for the installation to be construct registered professional engineer. The plans sh accordance with applicable City Ordinances and the Land Development Code, Manual of Minimum Sta Construction and Maintenance for Water and Was connection to City -owned utilities. Develc approval of the Plans from all agencies ha including the Department of Environmental Regul if applicable, and submit to City one (1) copy c permits. No construction shall, commence un appropriate regulatory agencies have approved su( and the City has received copies of the constru construction commences prior to all such approval no responsibility to accept any of the installer elect to terminate this Agreement or withhold : time, as Developer has obtained all required a (c) Pre all permits and approvals -construction pro als of Plans by City andctl 4 Developer will ind specifications ed prepared by a ill be prepared in 3olicies including adards for Design, :ewater System for per shall obtain ving jurisdiction itions and County, E any construction Al the City and h Plans in writing !tion permits. If of, City shall have .ions and City may ervice until such Trova 1 s . $heer+d= After securing other agencies, Developer or the engineer of record shall set up a pre —construction conference with the engineer of record, utility contractor, the appropriate building officials and the City. (d) Notice to Cit . Develo, City not less than forty—eight 48 hours wr: commencement of construction, and as—buil submitted seven (7) days prior to final in shall provide to City forty—eight (48) hours either written or verbal, prior to any inspec than final inspection) being performed a Notices shall be deemed given upon actual rec (e) Inspections and Tests. D any installation by Developer, City shall have such installation, including but not limite equipment, piping and connections to determin approved Plans. The engineer of record construction to insure compliance with approv, other applicable requirements. All standard 1 for pressure, exfiltration, line and gre engineering tests and inspections shall be engineer of record and utility contractor pres the systems have been installed in accordan( Plans, permits and good engineering practices satisfactorily for the purpose for which t designed. It shall be the Developer's respi that all construction and the installation Plans, permits and applicable requirementq completion, that the installation functions se purpose for which it was designed. (f) Completion. Upon complet Developer's engineer of record shall submit of completion certifying to City that the installation is complete, that the inst constructed in accordance with all permits, applicable requirements of law, and as cc function for the purpose for which it was certification is for a water distribution sy bacteriological results and a sketch showin sample points shall be provided. (g) As —built and Other Plans. days prior to final inspection, Developer or also provide City with one (1) set of ammonia "as —built" surveys prepared by the engineer of location of all installations as constructe provide City with two (2) sets of approved plans and three (3) copies of the recorded Developer will provide proof satisfactory installation and all contractors, subcontractc laborers have been paid in full together M certificate of the total cost of the installat 10. Water Motors. A water meter or serve the Property shall be installed by Devel, Delivery. City will designate the number, tyl of said meter or meters. The water meter or mE are to be installed by the Developer pr: inspection. The cost thereof and associated be paid by Developer prior to installation a rates charged by City. All water meters ar remain the property of City. The Develo responsible for the installation of a back flo to be installed on the consumer side of the me 11. Title to Installations Constru As a condition precedent to the right to c, installations and any off —site installations 5 ler shall provide to tten notice prior to surveys shall be ipection. Developer notice, which may be :ions or tests (other I described herein. ipt of same by City. tring construction of the right to inspect d to the materials, a compliance with the shall also inspect td Plans, permits and ,eats and inspections de, and all other performed with the ant to determine that e with the approved and are functioning he installation was insibility to insure fully meet approved of law and, upon tisfactorily for the Lon of construction, I signed certificate -onstruction of the allation has been approved Plans, and nstructed, it will designed. If the stem, a copy of the g locations of all At least seven (7) his engineer shall mylars of the record showing the 1. Developer will )awing and drainage subdivision plat. to City that the rs, materialmen and ith the engineer's ion. meters necessary to iper at the Point of e, quality and size ters and enclosures or to final City Labor charges shall t the then current d enclosures shall ier shall also be w prevention device ter. rated by Developer. innect the on —site to City's Utility �• illl System, Developer shall convey title to as much of those installations, including , easements and 'A� rights -of -way as are required by City in accordance with the following: (a) Compliance. Developer st all be in compliance with this Agreement. ( b ) Time and Place of Convevai agreed upon in writing, conveyance shall be t prepared to issue its letter of acceptant commence delivery of service to the Property, the installations, Developer shall dell instruments of conveyance, properly executed, same form attached hereto as finhibib lip" (I;& "E" (Bill of Sale), and Exhibit "F" (Easem funds sufficient to pay all costs of conve Delivery shall be made to the City's Director at the address shown herein for delivery of of the conveyance by the City shall not become Council duly accepts same. ce. Unless otherwise ade when the City is e to Developer and Upon completion of ver the necessary in substantially the Fantr Deed), Exhibi :nts), together with 'ance and recording. of Public Utilities iotices. Acceptance final until the City Upon a vote to accept conveyance by the City Council, the instruments of conveyance will be recorded in the public records of Okeechobee County. The ity will issue its letter of acceptance to Developer and City's obligation to provide service in accordance with this Agreement shall commence. (c) Fire Hydrant. If Deve oper's property is located within unincorporated Okeechobee County; Developer will be required to obtain a resolution (Exhibit G) adopted by the Okeechobee Board of County Commissioners accepting the fire hydrants, and agreeing to pay the City an annual maintenance fee for each fire hydrant. (d) Assurance of Title. Developer shall at its expense deliver to City a title insurance policy or an opinion of title with respect to the Property confirming Developer's legal right to grant the deeds, easements and exclusive rights of service contained in this Agreement as a condition precedent to City's issuance of a letter of acceptance or delivery of service. (e) Conveyance. Developer shall convey all of its interest in the installations to be conveyed to City be Warranty Deed, Bill of Sale, Easements, Endorsement, Assignments, Affidavits of No Liens and other good and sufficient instruments of transfer and conveyance, including necessary permits, a shall be effective to vest in City good and marketable title to the installations free and clear of all liens and encumbrances. Transfer of all manufacturers' and contractors' warranties, maintenance bonds and construction contracts shall be conveyed by unconditional assignment by Developer. Developer shall remain secondarily liable on such warranties and hereby agrees to indemnify and save harmless the City from any losses, damages, costs, clai s, suits, debts or demands by reason of latent defects in the installations which could not have been reasonably discovered upon normal engineering inspection, for a period of one (1) year from the date of acceptance by the City of said utility install tions. (g) Manuals. Developer shall provide City with all operation, maintenance and parts manuals necessary for the operation and maintenance of the installations C. o\the*ecord id facilities in, under, upon, and cross•the present a d feets, easements, reserved utilit strips and uti ty sany public place as provided and d dicated to publ use ird plats, or as provided for in ag. eements, ded ationsoade otherwise and independent of said record ats, andtctions duly noted on any convey nce of to or units tn purchasers. Vlkel hereby further agre grants include th necessary right of ingre part of the develop 's property upon which or operating utility facilities. The�ati continue for as long as City requir construction, ownership, intenance, op facilities. Developer, upon r uest of recordable easements acceptable City to c of this Section. :s t t the foregoing �s nd egress to any ity is constructing egoing grants shall uch rights for the :n or expansion of the City, shall execute rry out the purposes The parties gree that n the event Developer and City agree to install an of the facil ies in lands within the Property lying outside he streets .and a se ent areas described above, then Develop e or the owner shal grant to City, the necessary easements or such "private propert " installation. t to easements gran edbbycDeveloperfto city written co sh ll not\ec he use of use Y the use by other ut ittes of these easements, such, s evision, telephone, electric, or gas utilities, provideddoes not interfer with City's use thereof. City hereby agrees that all ea ement grants w 1 be uti zed in accordance with generally accepted practices of Ic p licly owned water and sewer utilities ith respect to t 13. Voluntary Annexation. Developc r agrees that in the event Developer's property becomes contiguous to the city's boundary, as such term is defined in the laws of the State of Florida, then this agreement, together with the application for service and all exhibits, shall be considered' as application for voluntary annexation of Developer's real property into the corporate limits of the City of Okeechobee. The terms of this agreement shall run with the land and subsequent purchasers of lots or units shall also be deemed to have 'ap lied for voluntary annexation as provided herein. lien n the Property shall be required to elease suc0 jr ens, subordina their positions or join in any c nveya , grant or dedication of easements or rights-of-wa r give to City assurance by way o "non -disturbance a ment", that in the event of foreclosure, mo ee wo contin a to recognize the ownership and easement rights ity, as to g as City complie with the terms of this A ent. facilit es, save and except consumer installati , shall be covere a sements or rights -of -way not located within platted o dicated roads or rights y for utility purposes. It sh 11 Developer's obl on to gain these assurances from the m rtgagee an resent Develope it in connection wi times remain in person or entity buildi agree that all water facilities a y City tn 7re4144n service to perty shall at all the sole an ve owner hip of City. Any o y part of the or any residence, constricted or located thereon s is ave any J 4—I- — — — —.. L . .- . _ . 7 16. Exclusive Riitht to Provide Ser ice. Developer shall not engage in the business of providing water or sewer services to the Property. Developer hereby grants City t e sole and exclusive right to provide water services to the Property and to the occupants thereon. 17. Service Rates. The rates to 1 the Developer or to a consumer for water ser shall be those rates charged by City to pursuant to service rates from time to time herein. City reserves the right to withhold at any time the service rates are not paid within _aS days after the same are b consumer, as the case may be, hereby agree harmless City for any loss or damages results of this right. The service to the Property she other regulations from time to time imposed to the operations of its water and sewer sy, limited by such regulations, the amounts o billing practices and times, liability fo Property and rate changes shall be excl discretion and control of City. ie charged by City to vice on the Property its other customers in effect as defined it disconnect service on a current basis illed. Developer or a to save and hold ng from the exercise .1 be subject to such n City with respect terns, and except as utility deposits, damage to City'a isively within the 18. ApBlication for Service to Consumer Installations. Developer, or any owner or occupant on the Property (consumer) shall not connect any consumer installation o the facilities of City until application has been made to City by the Developer or consumer and approval for such connection has been granted. Developer or consumer shall be responsible for connecting the consumer installation to the m ter and/or lines of City at the point of delivery in accordance with the following requirements: (a) Application for the installation of water meters and backflow preventors shall. be made twenty—four (24) hours in advance, not including Saturdays, Sundays and holidays. (b) All consumer ole option be inspected by City before �backfilling and ycoveringat ,ofsany pipes. Y (c) Written notice to City requesting an inspection of a consumer installation may be given by the Developer, the consumer or his contractor, and the inspection will be made within twenty—four (24) hours, not including Satu days, Sundays and holidays, provided the water meter and backflow preventor, if applicable, have been previously installed. (d) Developer or consumer may n t backfill or cover the pipes without City's inspection and approv 1. (e) The cost of construction, operation, maintenance, repair or replacement of consumer installations shall be the responsibility of Developer or consumer and not the City. 19. dater Conservation. Developei water conservation measures in development Subject to City review and approval to c o n s e r v a t i o n, a++e-h 8 agrees to employ of the Property encourage water !� _be a ���iexscs ee4 res tors, pulsating features, flow control - devices o er features ch result in water conservation; and do allow a flow exceeding .0 gallons per minute at 60 s (c) No siaimm filter backwash water, or any other swimming pool waste r sha. a discharged to the sanitar� sewer system. shu�'waer �tfixtu ess inlall ipublic restroo s,d includ maticavator 20. Inspection. City may, at its option and without notice, inspect Developer s utility facilitiesat all times whether before or after completion of construction and acceptance of same by the City. City, by inspecting or not inspecting to any extent whatsoever, shall not assume responsibility for construction or installation of Developer's utility facilities and shall in no way be deemed to waive any rights available to City for defaults on the part of Developer, or to consent to any defects, omissions or failures in the design, construction a d installation of Developer's utility facilities. 21. Relocation of UtilitT Facilities. Any relocation Of utility facilities required for Develop- 1,r7s convenience or necessity shall be done at Developer's a ense provided such relocation can be accomplished without adverse impact on any other part of the facilities or other consumers. 22. Notices. Any payment or permitted hereunder shall be in writing and be (a) when hand delivered to the official hereir (b) upon actual receipt when deposited in the postage prepaid, addressed as set forth here: address as shall have been specified by writtei party delivered in accordance herewith: City: Director of Pub 55 S.E. 3rd Ave Okeechobee, Flo Developer: 23. Cost_ and Attorneys' Fees. In Developer brings an action to enforce this proceedings or otherwise, then the prevaili: entitled to recover from the other party a: together with reasonable attorneys' fees, 9 iotice required or deemed properly made after designated, or United States mail, n, or at such other notice to the other is Utilities us ida 34974 the event City or lgreement by court ig party shall be .1 costs incurred, 24. Interpretation. Developer and City agree that all words, terms and condi tions contained herein are to be read in concert, each with the other, and that a provision contained under one heading may be considered to be equally applicable under another in the interpretation of this Agreem nt. 25. Assignment. This Agreement may not be assigned by Developer without the prior written consent of City, which shall not be unreasonably withheld provided Developer's successor or assign expressly assumes Developer's oblig tions hereunder by execution of this Agreement. Capacity alloca ed hereunder may not be sold or assigned to any other property wlither or not owned by Developer. 26. Strict Compliance. Failure t insist upon strict compliance of any of the terms, covenants, or conditions in this Agreement shall not be deemed a waiver thereof, nor shall any waiver of any right hereunder at any one time be deemed a waiver of such right at any other time. 27. Time of the Essence. Time i essence of this Agreement in all respects. 28. Entire Agreement and Incorvor This Agreement constitutes the entire agreemen expressly supersedes all negotiations, prei representations whether verbal or written, an, in any way whatsoever except by a writing exec hereto in a manner equal in dignity to the Agreement; provided however, that documents fo of this Agreement, including all permits, enf construction contracts, plans and specificati facilities as and when approved and filed wit of Public Utilities are incorporated herein b, 29. Binding Effect. This Agreement benefit of and be binding on the heirs, s representatives and assigns of the parties constitute a covenant running with the Propert 30. Liability. I, for myself, the and our successors and assigns agree to hold ha the City of Okeechobee, the City Council, its from any and all claims, damages, causes o liabilities that arise out of or in relat. Department of Environmental Regulation denial o to provide sewer service to the property. 31. Governing Lax. This Agreement s the laws of the State of Florida and the Ordii and policies of City not prohibited thereby. stipulate that venue shall vest solely in Florida, and that in no event shall any dispu binding arbitration. 32. Effective Date. This Agreement upon proper execution by both parties hereto. 33. Counterparts. This Agreement several counterparts each of which if properl parties shall be considered an original. 10 hereby made of the ation by Reference. t of the parties and ious agreements or l may not be amended uted by both parties execution of this c the implementation ineering design and ons for the utility h City's Department reference. shall inure to the ccessors, personal hereto and shall y. wner, the Developer mless and indemnify mployees and agents actions or other on to the Florida 'applicable permits hall be governed by lances, Resolutions The parties hereto Okeechobee County to be submitted to shall be effective y be executed in executed by both I IN WITNESS WHEREOF, the parties heri Bto have caused this Agreement with the named exhibits attached to be executed on the day and year first above written. DEVELOPER WITNESSES: unGtc�� By: Title: QJ\C0� Attest: ilmu.. ATTEST: CITY OF OREOCHOBEE OREECHOBEE, FLORIDA City Clerk By: Date: As authori;; d for execution by the City Council in their , 19 , regular meeting. 11 III List of Exhibits to Utility Agreement for Water Service Between the City of Okeechobee, Florida and Exhibit Name Section "A" Legal Description of Property . . . . . . . 2(m) "B" Survey of Property "C" Schedule of Rates, Fees and Charges . . . . 6 "D" Warranty Deed . . . . , • • • • • . • 11(b) "E" Bill of Sale "F" Easements . . • . • • • • . • "G" Hydrant Resolution. . . • • , • . • . . • • 11 (c) MWIBIT "A" LEGAL DESCRIPTION OF The Northeast 1/4 of the Southwest 1/4 of Sect on 28, Township 37 South, Range 35 East, lying and being in keechobee County, Florida, less rights of way of record. EXHIBIT "C" Rates, Fees and Charges Developer agrees to pay the City of Okeechobee the.following Fees to induce the City to reserve the following plant capacities for Developer's proposed connections wit in the "Property". Developer understands that plant capacities are only reserved upon payment of Charges by Developer to City. The fees set forth in the attached rate resolution are the fees in effect as of the date of this Agreement and are subject to changes in accordance with the terms thereof. Water Connection Fees Based On Using A 3" 3" Water Connection Fee System Capacity Fee Backflow Preventer Turn On Fee Deposit Backflow Preventer for Fire Line Total Water Meter $10,00 .00 $10.00 .00 $ 1181 .50 $ 111.30 Exemp $ 5,21 .75 $27,041.75 II UTILITY AGREEMENT for SEWER SERVICE TABLE OF CONTENTS Se- Title Page 1 Preamble . . . . 0 1 2 Definitions. . . . . . . . . . 1 3 Capacity Allocation. 2 4 Agreement to Serve 2 5 Fees . . . . . . & 3 6 Payment of Fees. 3 7 On -Site Installations. 3 8 Off -Site Installations 3 9 Procedures for Construction of Installations 4 10 Water Meters . . . . . 9 . * 0 .' 5 11 Title to Installations Constructed by Developer . . . . 5 12 Easements. . . . . . . 0 6 13 Voluntary Annexation . 0 7 14 Mortgage Liens . . . . . . . 7 15 City's Exclusive Right to Utility Facilities 7 16 Exclusive Right to Provide Service . . . . . . 7 17 Service Rates. . . . . 0 0 , 0 0 0 7 18 Application for Service to Consumer Installations . . . . . . . . . . 0 8 19 High Strength Waste. . . . . . . 0 P . . . 0 8 20 Pretreatment . . . . . . . . . 8 21 Water Conservation . . 8 22 Effluent Disposal. . . . 0 . . . . 9 23 Inspection .... 0 0 0 0 0 0 0 0 9 24 Relocation of Utility Facilities . . . . 0 0 9 25 Notices. . . . . . . . . . . . . . 9 i 26 Cost and Attorneys' Fees . . . . 9 27 Interpretation 10 28 Assignment ., 10 29 Strict Compliance. 10 30 Liability . . . . . . . . . . . . . . 10 31 Time of the Essence. . . . . . 10 32 Entire Agreement Incorporation byReference . . . . . . . . . . . 10 33 Binding Effect . . . 10 34 Governing Law. . . . 0 10 35 Effective Date . . . . . . . . 10 36 Counterparts 10 ii UTILITY AGREEMENT for SEWER SERVICE of THIS AGREEMENT is made and entered into this day , 19 , by and between City of Okeechobee, a political subdivision of the State of Florida hereinafter referred to as "City" and OREE HnRRR vnrTwmv erred to as "Developer Owner,' a Political Sub -Division (Type of Organiza on oper's Name) _,hereinafter WHEREAS, Developer owns land located in Okeechobee County, Florida as described in Exhibit "A', and shown on the Survey in Exhibit "B", attached hereto (the "Property"), and Developer intend to develop the Property; an WHEREAS, Developer has requested tat the City provide sewer service for the Property; and WHEREAS, the City is willing to proVide sewer service to the Property and thereafter to operate the u ility facilities so that the occupants of the improvements on the roperty will receive sewer service from City in accordance with the provisions of this Agreement; NOW, THEREFORE, for and in considera ion of the premises, the mutual undertakings and agreements h'rein contained and assumed, and the Sewer Agreement, Developer and City hereby covenant and agree as follows: correct. 1. Preamble. The foregoing statements are true and 2. Definitions. The following d finitions of terms used in this Agreement shall apply unless the context indicates a different meaning: a provided by City from ADevelopernA or aConsumer requestinrequest in g on forms to the Developer Agreement, specific sewer se vices. g pursuant (b) "Connection Fees" - A fee cr charge paid to the City Utility Department by a Developer/Applica t for the purpose of obtaining sewer service capacity. Connection fees will be utilized for the operation and maintenance of the sewer collection system and to pay for related services to the property. (c) "Consumer Installation" - All facilities ordinarily on the consumer's side of the poin of delivery (e.g. curb stop, lateral connections.) (d) "Contribution -in -Aid The sum of money and/or the value of prerequisite to service to the Property. (e) "DER" - The Florida Departm Regulation, or its successor agency. 1 truction (CIAC)" - y required as a t of Environmental iJO (f) "Development Phase" A subdivision or construction phase of the construction of Property. tility facilities on C"factor d rt a given average daily flow (ADFto the equivalent mberto ooferesidential connections. (h) "Facilities" - See Utility Facilities. (i) "GPD" - Gallons per day. (j) "Installation" - See Uti ity Facilities. (k) "Consumer's Point of Delivervel - Unless otherwise specified herein, the point where the sewer service is connected to the consumers' service lateral, which shall be, where possible, at the consumers' property line. (1) "Develo er's Point of D liver " - The point where the sewer service enters the Develop r s Property or the point of connection of Developer's off -site installation to the City's system pursuant to Section 8. (m) "Propert attached hereto. y" - The land described in Exhibit "A" c ss and ability of the City tofu nishtandtmaint in e sewer servicetothe point of delivery. (o) "Service Rates" or "Rates" - The City's existing and future schedules of rates and charges for sewer service, including connection fees, meter set fees, and all other fees and charges which from time to time are in effect pursuant to ordinances, resolutions or policies adopted by City. The schedules of Service Rates shall be of general and uniform application within the City-wide water and sewer utility system. (p) "Utility Facilities" o "Facilities" or "Installations" - Utility facilities means and includes all equipment, fixtures, pumps, lines, mains, manholes, lift stations, Pumping stations, laterals, service connections, and appurtenances together with all real property, easements and rights -of -way necessary to provide sewer service to the Property whether located on -site or off -site. The words "Utility Facilities," "Sewer Facilities," "Facilities," or "Instal ations" shall be interchangeable unless otherwise indicated by the context. 3. Capacity Allocation. The par ies agree that the capacity needed to provide service to the Pro erty is agg �f�Q gallons per day for sewage collection. Capacity allocation is subject to the Florida Department of Environmental Regulation (Section 403.021, Florida Statutes, and FAC 17-4.07 and 17-4.15) and approval of applicable permits for the property. Should the Florida Department of Environmental Regulations refuse to issue a placable permit(s) solely because capacity is not available, the D veloper may request City to rescind the allocation of capacity. Developer agrees that the gallonage calculation to determine capacity is for the purpose of allo sting capacity for the Property and not for purposes of any other calculations. 4. Astreenent to Serve. Developer agrees to commence construction within 6 months from the date of acceptance by the city, and agrees to complete construction and obtain all necessary permits, certificate f occupancies and other licensing requirements within _La � pu4p _ F ilure to meet this 2 i time frame will not obligate the city to refund any portion of fees paid, nor shall city pay any interest on the fees paid. The city reserves the right to recapture capacity allocations for failure of the Developer to meet the time frame conditions. Upon the completion of co struction of sewer facilities by Developer, satisfactory inspections, the issuance of the final letter of acceptance by City, and iubject to the other terms of this Agreement, City agrees to perm t connection of the sewer facilities installed by the Developer to the central facilities of City and to provide utility service in accordance with the terms and intent of this Agreement, Such connections shall at all times be in accordance with rules, regulations and orders of the applicable governmental authorities. City agrees that once Developer or others have connected consumer installations to City's central facilities, City will continuously provide sewer service to the Property subject to continued compliance by Developer or consumer with all applicable C ty requirements for such service, excepting unavoidable disrupti n of service due to repairs, maintenance, etc. 5. Fees. In addition to the Contributions in Aid of Construction (CIAC) where applicable, Developer hereby agrees to Pay to City all applicable Fees in accordance with the schedule from time to time in effect. Payment of the Fees will not excuse Developer from payment of any other char s uniformly made e including meter fees. City shall not be obl gated to refund any portion of Fees paid, nor shall City pay any nterest on the Fees paid. Should the Florida Departmen of Environmental Regulation refuse to issue the applicable permit(s) solely because capacity is not available, refunds of the fees will be made by City within thirty (30) days from such written notification from DER of its denial. Such requests to City for refunds must be accompanied by a written request from Developer that the capacity allocation be rescinded. Developer shall be obligated o pay Fees in the amount in effect at the time Developer is required to pay the Fees, or any initial portion thereof. No user or consumer of sewer service shall be entitled to offset any bill rendered by City for such service against Fees paid. Developer sh 11 not be entitled to offset Fees paid or payable against any claims of City. 6. Payment of Fees. Developer wit be required to pay the fees at the time sewer capacity is allocated in accordance with Exhibit "C" attached hereto. Failure to pay the fees by -=-30� ._ will result in termination of thisreement and the recapture of capacity allocation. A monthly sewer service charge will be assessed for each remaining unit which has not been transferred to a consumer after one year from the date sewer capacity was allocated or at the time of building permit issuance whichever occurs earlier. Rates afees are subject to nd change from time to time by the city council, aIld the initial rates and fees charged shall not be construed as a contract over the life of the project. sery to the Property, Developer agrees tv-construct to transfer oz ship and control to City, as a c ntri� on -in -aid of -construction, a on -site sewer fac:Llit constructed by Developer or locate the Proper he term "on -site installations" including umping s ations, from the Developer's Point of Deliver t nsumer's Point of Delivery, excluding consumer's lations, adeq in size and design to serve each lot o t within the Property or a erwise required by City. a oper shall install at its sole expenll of the afo d facilities within the Property in a cordance - the 3 -•GeRetw e _ -- 8. Off -site Installation. To ind service to the Property, Developer agrees t transfer ownership and control to City as a cons construction all necessary off -site installatil Property to the City's existing facilities. installations" means and includes all gravity pumping stations, force mains and related fac size and design to serve the Property or as of City. Such off -site installations shall be in master plans of the City as they relate to the sewer utility system. Developer shall install installations at its sole expense and in accords specifications and other pertinent documentE except that in no event shall Developer be r4 lines to the benefit of other properties withi for reimbursement on behalf of such other prof shall construct the off -site installations Section 9, "Procedures for Construction of Ins 9. Procedures for Construction Developer agrees that construction of all -w installations as defined in Sections -?--it i 8 saw in accordance with the following requirements: ace City to provide D construct and to ribution-in-aid-of- >ns from Developer's The term "off -site sewer lines, lift or ilities adequate in herwise required by accordance with the City-wide water and all of the off -site ince with the plans, approved by City squired to oversize )ut prior agreement )erties. Developer .n accordance with :allations" hereof. of Installations. -e �e a off -site shall be (a) Permits. Developer shall submit applicable DER permit applications to City for signature prior to submission of permit application to DER. Developer shall make application to City for Underground Utility Permits and aq3, other applicable permits such as Right -of -Way Use Permits or D.O.T. Permits upon receipt of an approved permit from DER. (b) Plans and Specifications. furnish City with three (3) sets of all plans (Plans) for the installation to be construc- registered professional engineer. The Plans of accordance with applicable City Ordinances and the Land Development Code, Manual of Minimum Stj Construction and Maintenance for Water an connection to City -owned utilities. Developer sh, of the Plans from all agencies having jurisdic Department of Environmental Regulations, Okeec City, if applicable, and submit to City one construction permits. No construction shall City and appropriate regulatory agencies have a in writing and the City has received copies o: permits. If construction commences prior to a. City shall have no responsibility to acc installations and City may elect to terminate withhold service until such time as Developer required approvals. Shagj d Bev Developer will and specifications .ed prepared by a all be prepared in Policies including ndards For Design, i Wastewater for ill obtain approval :ion including the hobee County, and (1) copy of any ommence until the 3proved such Plans the construction 1 such approvals, ept any of the this Agreement or has obtained all (c) Pre -construction Conference After securing all permits and approval of Plans by City and the other agencies, Developer or the engineer of record shall set up a pre -construction conference with the engineer of record, utility contractor, the appropriate building officials and the City. Develoer City not less t(d) Notie to Cityhan forty-eight (48)�hours writte commencement of construction, and as -built j submitted seven (7) days prior to final inspec shall provide to City forty-eight (48) hours not either written or verbal, prior to any inspectioi 4 shall provide to n notice prior to surveys shall be :tion. Developer ice, which may be is or tests (other i than final inspection) being performed as described herein. Notices shall be deemed given upon actual receipt of same by City. (e) Inspections and Tests. During construction of any installation by Developer, City shall -have the right to inspect such installation, including but not limited to the materials, equipment, piping and connections to determine compliance with the approved Plans. The engineer of record shall also inspect construction to insure compliance with approved Plana , ermits and other applicable requirements. All standard tests and inspections for pressure, exfiltration, line and grade, and all other engineering tests and inspections shall be performed with the engineer of record and utility contractor present to determine that the systems have been installed in accordance with the approved Plans, permits and good engineering practices and are functioning satisfactorily for the purpose for which the installation was designed. It shall be the Developer's responsibility to insure that all construction and the installation fully meet approved Plans, permits and applicable requirement of law and, upon completion, that the installation functions s tisfactorily for the purpose for which it was designed. (f) Coanletion. Upon completion of construction, Developer's engineer of record shall submit a signed certificate of completion certifying to City that the construction of the installation is complete, that the installation has been constructed in accordance with all permits, approved Plans, and applicable requirements of law, and as constructed, it will function for the purpose for which it was designed. (g) As Builts and Other Plans At least seven (7) days prior to final inspection, Developer or his engineer shall also provide City with one (1) set of ammonia. mylars of the "as - built" surveys prepared by the engineer of record showing the location of all installations as constructed. Developer will provide City with two (2) sets of approved paving and drainage plans and three (3) copies of the records subdivision plat. Developer will provide proof satisfactory to City that the installation and all contractors, subcontractors, materialmen and laborers have been paid in full together 4ith the engineer's certificate of the total cost of the installs ion. 10. Water Haters. A water meter or meters necessary to serve the Property shall be installed by Developer at the Developer's Point of Delivery. City will de ignate the number, type, quality and size of said meter or meters. The water meter or meters and enclosures are to be installed by the Developer prior to final City inspection. The cost thereof a d associated labor charges shall be paid by Developer prior to nstallation at the then current rates charged by City. All water meters and enclosures shall remain the property of City. The Developer shall also be responsible for the installation of a ack flow prevention device to be installed on the consumer side of the meter. 11. Title to Installations constructed by Developer., As a condition precedent to the right to c nnect the on -site installations and any off -site installations to City's Utility System, Developer shall convey title to as much of those installations, including --t-' pri.--!4 easements and rights -of - way as are required by city in accordance with the following: (a) Compliance. Developer shall be in compliance with this Agreement. ( b ) Tine and Place of Conveyance agreed upon in writing, conveyance shall be ma( prepared to issue its letter of acceptance commence delivery of service to the Property. the installations, Developer shall deliv( instruments of conveyance, properly executed, ij 5 Unless otherwise to when the City is to Developer and Upon completion of tr the necessary i substantially the B! li same form attached hereto as "E" (Bill , Exhibit ( ll of Sale), and Exhibit "F" (Easements), together with funds sufficient to pay all costs of conveyance and recording. Delivery shall be made to the City's Directorof Public Utilities at the address shown herein for delivery of.notices. Acceptance of the conveyance by the City shall not becom final until the City Council duly accepts same. Upon a vote to accept conveyance by the City Council, the instruments of conveyance will be recorded in the public records of Okeechobee County. The City will issue its letter of acceptance to Developer and City's obligation to provide service in accordance with this Agreement sh ll commence. (c) Assurance of Title. Developer shall at its expense deliver to City a title insurance policy or an opinion of title with respect to the Property confirming Developer's legal right to grant the deeds, easements and exclusive rights of service contained in this Agreement as a condition precedent to City's issuance of a letter of acceptance or delive y of service. (d) Conveyance. Developer sh interest in the installations to be conveyed Deed, Bill of Sale, Easements, Endorsement, As; of No Liens and other good and sufficient ine and conveyance, including necessary permits, , to vest in city good and marketable title to tl and clear of all liens and encumbrances. manufacturers' and contractors' warranties, a construction contracts shall be conveyer assignment by Developer. Developer shall rema. on such warranties and hereby agrees to indemn the City from any losses, damages, costs, cla demands by reason of latent defects in the could not have been reasonable discovered upo inspection, for a period of one (1) year acceptance by the City of said utility instal (f) Mar. Developer shall operation, maintenance and parts manuals operation and maintenance of the installation t he terms of this Agreement, the exclusii—ve own, intain and operate water and sewer fact Propert and the exclusive right to construct operate sa facilities in, under, upon, and ac future street easements, reserved utility sites, and any pu is place as provided and ded in the record plats, r as provided for in a e or grants made otherwi and independent ea. these restrictions duly n ed on any nveyan to subsequent purchasers. ill convey all of its to City by Warranty ignments, Affidavits truments of transfer �s shall be effective e installations free Transfer of all aintenance bonds and by unconditional n secondarily liable .f y and save harmless Lms, suits, debts or installations which i normal engineering from the date of .ations. rovide City with all necessary for the right to constr t, lities to se a the own, ma tain and joss t present and str s and utilit ted to public use ements, dedications d record plats, and .e of lots or units Developer her fu er agrees that the foregoing grants include the neces y right o ngress and egress to any part of the Developer' roperty upon whi County is constructing or operating utili facilities. The fo oing grants shall continue for as ong as County requires su rights for the constructio facilities�,��nership, maintenance, operation or ansion of the . Developer, upon request of City, shall cute r rdable easements acceptable to City to car y out the pure s T cifree to install any of -the -K-cilities in lands with he Propert ing outside the streets and easement areas scribed above, then eveloper or the owner shall grant City, the necessary easeme for such "private pro er Y� P y' stallation. Subject t ty's prior tt n consent, the use of ' easements granted by Develop o ude the use by other utilities of these a ts,ss such ashall tcable ltelevision, telephone, electric, or utilit provided each does not interfere with City's a thereof. i'City hereby agrees that all ea emen ants will be utilize n accordance with generally ac epted pr ices of pub y owned water and sewer utilities ith respect the L_ 4.... t__AY J . . 13. Voluntary Annexation. Develop r agrees that in the event Developer s property becomes contiguous to the City's boundary, as such term is defined in the laws of the State of Florida, then this agreement, together with the application for service and all exhibits, shall be considere as application for voluntary annexation of Developer's real property into the corporate limits of the City of Okeechobee. The terms of this agreement shall run with the land and subsequent purchasers of lots or units shall also be deemed to have ap lied for voluntary annexation as provided herein. lien the Property shall-be.required to, release suc ens, subordina heir positions or join in any conveys , grant or dedication of easements or rights-of-wa give to City assurance by way o non -disturbance a ment", that in the event of foreclosure, mo gee wo contin a to recognize t �4� ownership and easement rights ity, as to g as City complies with the terms of this A ent. acilit es, save and except consumer installati , shall be covers easements or rights - of -way if not ed within platted or dedicatL4 roads or rights - of -way f ility purposes. It shall be De elope obligation to 2these assurances from the mortgagee and present s te.-to the a s • Develo d City agree that all sewer facilities es acc in connection roviding service to the P Y City y shall at al times remain in the s nd exclus wnership of City. Any person or entity owning any the Property or any residence, building or unit cons or locate eon shall not have any right, title or interest to such facil or any purpose, inclu e furnishing of sewer services to hers o within ..0 "I.-T__ 16. Rxcluslve Right to Provide Service. Developer, shall not engage in the business of providing water or sewer services to the Property. Developer hereby grants City the sole and exclusive right to provide sewer services to the Property and to the occupants thereon. 17. Service Rates. The rates to be charged by City to the Developer or to a consumer for sewer service on the Property shall be those rates charged by City to its other customers pursuant to service rates from time to time in effect as defined herein. City reserves the right to withhold or disconnect service at any time the service rates are not paid n a current basis within q?s— days after the same are billed. Developer or consumer, as the case may be, hereby agrees to save and hold harmless City for any loss or damages resultin from the exercise of this right. 7 The service to the Property shall be subject to such other regulations from time to time imposed on City with respect to the operations of its water and sewer systems,, and except as limited by such regulations, the amounts outility deposits, billing practices and times, liability fox*, damage to City's Property and rate changes shall be excl sively within the discretion and control of City. 18. ARRlication for Service to Consumer I stallations. Developer, or any owner or occupant on the roperty (consumer) shall not connect any consumer installation t3 the facilities of City until application has been made to City y the Developer or consumer and approval for such connection has Deen granted. Developer or consumer shall lie responsible for connecting the consumer installation to the meter and/or lines of City at the point of delivery in accordance with the following requirements: (a) Application for the installation of water meters and backf low preventors shall be made tw my -four ( 24 ) hours in advance, not including Saturdays, Sundays and holidays. (b) All consumer installations may at City's sole option be inspected by City before backfilling nd covering of any pipes. (c) Written notice to City requesting an inspection of a consumer installation may be given by, the Developer, the consumer or his contractor, and the inspection, will be made within twenty-four (24) hours, not including Saturdays, Sundays and holidays, provided the water meter and back low preventor, if applicable, have been previously installed. (d) Developer or consumer may no backf ill or cover the pipes without City's inspection and approval. (e) The cost of construction, operation, maintenance, repair or replacement of consumer installations shall be the responsibility of Developer or consumer and not the City. (f) Should any non -domestic wast including, but not limited to, floor or abnormi paint, be delivered to the lines, or other prohil defined in the Code of Ordinances, Chapter 18, Developer or Consumer will be responsible for p to correct or repair any resulting damage to'the and/or facilities. 19- High Strength Waste. The Deve. waste or sewage to be treated by City from consist of domestic wastewater, and further agree allow any abnormal strength sewage to flow Facilities. Developer grants to City the right from the Property to verify Developer's comr paragraph. Developer will pay the cost of sampl. testing. 20. Pretreatment. Developer agree certain obligations to protect the health, safe the public and not to burden City's customers 1 expenses attributable to Developer, his succe Developer agrees that all sewage or wastewater f conform to City,s standards prior to introdui collection system and Developer further agrees City's sole option require pretreatment or specie grease traps to insure such conformity. De responsible for all costs associated herewith. 0 !s, grease or oils, 1 strength wax or Lted substances as ection 18-64, the yment of the cost treatment process .open agrees that :he Property will s that it will not to the Utility to sample sewage liance with this ng and laboratory 1 that City has :y and welfare of ith extraordinary sors or assigns. om Property shall Lion into City's that City may at , features such as 'eloper shall be 0 21. Water Conservation. Developer agrees to employ water conservation measures in development of the Property. Subject to City review and approval to encourage water conservation . _ ♦ - _ - _ 1 3. llons or less of water per flushing cycle. b) Installation of shower heads ch have flow restrictors, pu ing features, flow con devices or other features which resul water conserva n; and do not allow a flow exceeding 3.0 gallon r minu at 60 psi. (c) No swi � poo ilter backwash water, or any other swimming pool w water shall be charged to the sanitary sewer system. (d) Installation of spring-loaded/au t tic shut - of ater fixtures in all public restrooms, including tory not hav icient effluent disposal capacity avail or the disposal of sews m the Property treat at its sewag treatment plant. The Dev a o proride City, at City' request and at no cost t , t f tha Property, or other areas as deli n thin the Property, luent disposal. The De r shall provide City with perpetu 1 easem rt-s Lor the 23. Inspection. City may, at its option and without notice, inspect Developer s utility facilities at all times whether before or after completion of construction and acceptance of same by the City. City, by inspecting or not insp cting to any extent whatsoever, shall not assume responsibility for construction or installation of developer's utility facilities and shall in no way be deemed to waive any rights available to City for defaults on the part of Developer, or to consent to any de acts, omissions or failures in the design, construction an installation of Developer's utility facilities. 24. Relocation of Utility Facilities. Any relocation Of utility facilities required for Develop r s convenience or necessity shall be done at Developer's expense provided such relocation can be accomplished without adverse impact on any other part of the facilities or other consumers. 25. Notices. Any payment or notice required or permitted hereunder shall be in writing and be deemed properly made (a) when hand delivered to the official hereinafter designated, or (b) upon actual receipt when deposited in the United States mail, postage prepaid, addressed as set forth herei , or at such other address as shall have been specified by written notice to the other party delivered in accordance herewith: City: Director of Public Utilities 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Developer: Okeechobee Countir School Board 100 Southwest 5t* Avenue Okeechobee, FL �4974 N 26. Cost and Attorneys' Fees, In the event City or Developer brings an action to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, together with reasonable attorneys' fees. 27. Interpretation. Developer and City agree that all words, terms and conditions contained herein are to be read in concert, each with the other, and that a provision contained under one heading may be considered to be equally applicable under another in the interpretation of this Agreem nt. 28. Assignment. This Agreement May not be assigned by Developer without the prior written consent of City, which shall not be unreasonably withheld provided Developer's successor or assign expressly assumes Developer's obligations hereunder by execution of this Agreement. Capacity allocated hereunder may not be sold or assigned to any other property whether or not owned by Developer. 29. Strict Co■ liance. Failure t insist upon strict compliance of any of the terms, covenants, o conditions in this Agreement shall not be deemed a waiver the eof, nor shall any waiver of any right hereunder at any one tim be deemed a waiver of such right at any other time. 30. Liability. I, for myself, the and our successors and assigns agree to hold hE the City of Okeechobee, the City Council, its from any and all claims, damages, causes c liabilities that arise out of or in relat Department of Environmental Regulation denial c to provide sewer service to the property. 31. Time of the Bssence. Time is essence of this Agreement in all respects. 32. Entire Agreement and Incorpor� This Agreement constitutes the entire agreemen expressly supersedes all negotiations, prev representations whether verbal or written, -and in any way whatsoever except by a writing execs hereto in a manner equal in dignity to the Agreement; provided however, that documents fol of this Agreement, including all permits, eng construction contracts, plans and specificati, facilities as and when approved and filed wit of Public Utilities are incorporated herein by owner, the Developer rmless and indemnify employees and agents f actions or other Lon to the Florida f applicable permits hereby made of the of the parties and .ous agreements or may not be amended ted by both parties execution of this the implementation .neering design and no for the utility City's Department reference. 33. Binding Bffact. This Agreement shall inure to the benefit of and be binding upon the heirs, successors, personal representatives and assigns of the parties hereto and shall constitute a covenant running with the Propert j. 34. Governing Lay. This Agreement s the laws of the State of Florida and the Ordii and policies of City not prohibited thereby. stipulate that venue shall vest solely in i Florida, and that in no event shall any dispu binding arbitration. 10 call be governed by ances, Resolutions The parties hereto ►keechobee County, :e be submitted to 35. Effective Date. This Agreement shall be effective upon proper execution by both parties hereto. 36. Counterparts. This Agreement may be executed in several counterparts each of which if properly executed by both parties shall be considered an original. , IN WITNESS WHEREOF the parties her to have caused this Agreement with the named exhibits attached to be executed on the day and year first above written. WITNESSES: DEVELOPER J&A Ok chobee By: Titles airman Attest s L Air w i E ATTEST: CITY OF OKE CHOBEE OKEECHOBEE, FLORIDA City Clerk By: Mayor Date: As authorize the City Cou regular meet 11 1 Board ( SEAL ) I for execution by icil in their lnQ 19 , . Ik_ List of Exhibits to Utility Agreement for Sewer Service Between the city of Okeechobee, Florida and Exhibit Name "All Legal Description of Property . . . "Bit Survey of Property . . . . . . . . INCII Schedule of Rates, Fees and Charges "Dot Warranty Deed . . . . . . . . . . • VIE11 Bill of Sale . . . . . . • . . . . "Flo Easements � • Section • Preamble • Preamble . 6 • 11(b) • 11(b) • 11(b) • WMIBIT "A" LEGAL DESCRIPTION OF The Northeast 1/4 of the Southwest 1/4 of sect i n 28, Township 37 South, Range 35 East, lying and being in eechobee County, Florida, less rights of way of record. EXHIBIT "C" Rates, Fees and Charges Developer agrees to pay the City of Okeec obee the following Fees to induce the City to reserve the followi for Developer's proposed connections withi g plant capacities Developer understands that plant capacities are only reserved upon payment of Charges by Developer to City. The fees set forth in the attached rate resolution are the fees in effect as of the date of this Agreement and are subject to changes in accordance with the terms thereof. Wastewater Connection Fees Based On Ns1hgoaL3" Water Meter 6" Wastewater Connection Fee Wastewater System Capacity Fee $ 956.25 $18,000.00 Total $18,95 .25 P. 0. YOk 2757 FORT ROMA, FLORIDA' 34954.2757 U DEAN, MEAD & MINTON' ATTORNEYS AND COUNSELORS AT LAw 1903 SOUTH 2STH STREET SUITE 2040 FORT PIERCE, FLORIDA 34047 MEMORANDUM TO: OKEECHOBEE UTILITY AUTHORITY FROM: DEAN, MEAD & MINTON DATE: JUNE 6, 1995 RE: FACT SHEET FOR MASTER TRANSFER AG I. Parties: A. Okeechobee Utility Authority (,1OUAI9) B. City of Okeechobee ("City") C. Okeechobee County ("County") D. Okeechobee Beach Water Association, Inc. ("OBWA II. Assumptions: A. "As Is - Where Is". B. Subject to current liabilities as they relate to the "Utility Systems". C. Acquiring all water and wastewater facilities from City, County and OBWA. D. Continue.to service OBWA customers in Glades Coun pursuant to existing Franchise Agreement. M. County: A. Amending and assigning Franchise Agreement with by OUA exercising option and acquiring assets. B. Transferring collected but unused Franchise Fee $17,14 Beach Water Association system. C. Transferring Okee-Tantie Package Plant. D. Transferring $3,000,000.00 as initial capital to OUA to maintenance and expansion while maintaining stable rates for all custo A to OUA/followed 8.00 - Okeechobee allow for operations, ners. 64.7700 7) 562.7700 07) 464.70" z0016mme DEAH, MC&D, CRTOMP OLOODWORTH$ DEAN w "1"00"0", GPouAHe i SMART", P.A. D., Moe, SPIELv"CL, Gou""R i oeTO �►e. M E A D fleelw•+�••aw,au-..e.•tw/17..6=3 • III • IV. OBWA: OUA. A. Amend and assign Franchise Agreement with County and transfer assets to C. D. E. F. closing. G. V. City: 1. Confirm assets being transferred. 2. Kings Bay - Merge with OBWA. 3. HAI Value $3,400,000.00 (Book $3,000,01 Employees: 1. Offer employment for 1 year - To all 2. Salary Schedule - Same as current 3. Job description/employee manual - Exhibit to Agree 4. 'Fringe benefits/pension - Adopt City's Pensiol Plan Commitment from FHA A P / L ji7 - ssign and consider for Sy tern Bond Defeasance. Any other assets being transferred not covered by -Cash -Real Estate -Etc. -Acct. Rec. -Personalty OUA - Assume obligations under Glades County 1 Litigation with City - stays with OBWA - Dismiss Customers - 3,500 A. Transfer water and wastewater system complete with a (i.e. construction fund, debt service reserve fund, accounts receivable less general fund reserves. B. Assume liabilities/defease bonds - $14,695,000 ($14 1. Bond counsel - Dan Livermore 2. Underwriter counsel - Squire, Sanders closing. 3. Litigation/OBWA - stays with City - Dismiss C. Economics: 1. covenants to maintain roads d� y��m easements d riid to City as ght way lieu � y with 2. 6 % surcharge - paid by all customers in Okeech years - Currently would yield $204,000,00/year. Agreement :hise Agreement 'out prejudice after dedicated reserves customer deposits) 000 at closing) prejudice after F taxes for which City City limits. ee County for 20 3. 3 % Authority charge - paid by all customers Of the system for 20 years - Currently would yield $110, 700.00/year. 4. Provided, however, payments 1-3 shall cease Dnce City has received the aggregate in 1995 $ - $3,000,000.00. 5• $100,000.00/year for lease, overhead and M7M so long as operated at City's current office location and services are provided. See letter for breakdown. 6. Rates will be equalized. D. Employees: 1. Offer employment for 1 year - To all 2• Salary - Same as current schedule 3. Job description/employee manual - Attach as 1 4. Fringe benefits/pension - Adopt City's Pensior E. Customers - 4,400 -City 50% -County 50 % F. Deighan Appraisal - Total $19, 000, 000 Equity $3,100,000 G. HAI Valuation/March Financial Statements - Total $21 Equity $5, Debt Serv: VI. General Issues: A. Indemnification: 19 1. OUA - City and OBWA - After closing Consultants: 1 • Engineers - Reese, Macon and Associates, Inc. Contract Assumable - Lindahl, Browning, Ferrari & Hellsi - Knepper & Willard, Inc. - City - W Contract Assumable 2. Rate/Financial - PMG - City - No Contract 3. Accountants - J.D. Gilbert & Company - City - ] Plan ,000,000 900,000 ce Reserve $510, 000 City - Water Supply - Tom - OBWA stewater System - fo Contract • 4. Bond counsel and underwriters - City: a. Series 1987: -Bond counsel - Livermore, Klein & Lott, P.A. -Underwriter - Foley & Lardner b. Series 1989: -Bond counsel - Livermore, Klein & Lott, P.A. / -Underwriter - Foley & Lardner C. Series 1992A: -Bond counsel - Livermore, Klein & tt, P.A. -Underwriter - Squire, Sanders & Dempsey 5. Pension plan administration a. CY - Scott Christiansen, counsel - 813 922-0200 C. Uniform Extension Policy - To be developed by OUA prior to closing. MdatalmdmU1404dj.01 013 QUA WORKSHOP OUTLM I. History A. Utility Working Group - What do you want? 1• C x - Provide quality water and wastc - Revenue source to City - Reduce City debt burden - Expand customer base 2. Coup - Water and wastewater available with cost effective service -and equalized r; - $ to contribute - $34 million 3. 0BWA - Additional, reliable capacity to 4. 5. Participation by all Entities 6. Economy of Scale 7. Alternative Funding Sources B. June 1994 - Proposal based on foregoing goals and Form Utility Authority I. Transfer City System - return on % of equit; 2. Transfer OBWA System 3. County contribute capital - depending on rate 4. Job security and maintain benefits to emnlev, C. November 1994 - Formed Utility Authority A**% /'� 4j�� at best possible price r economic development Area ECONOMIC, MARKETING AND MANAGEMENT June 5, 1995 Councilman Mike O'Connor City of Okeechobee 56 S.E. Third Avenue Okeechobee, Florida 34974 Councilman O'Connor, 1LTANTS / PUG dissociates, Inc. (PN(;a) is pleased to submit this proposal to the City to address concerns regarding the propriety of the agreement for combining the City utility system i to a regional entity. We have spoken with staff, the City s engineering consultant and briefly reviewed the available documents provided by the Authority's engineering consultant. The f llowing scope addresses the points we feel are essential to the ity. SCOPE OF SBRVICBB: Review and analyze data presented by the consu tant for the Authority as well as financial data of the City to: A Determine how the figure of $6 million was assumed to be the value of the City system and compare against the known value of the system B Determine how the figure of $3 million was assumed to be the value of Beach Water System C Review the proposed rate structure to insure equitable treatment for City customers D Determine how the monies to be reimburse to the City will be raised E Compare the rates from the proposed Auth r expansions ity with the rates from the current system accou u in for planned RaQVIRBA INFORMATION: The following is a list of information that must be made available to us in order for PMGA to complete the required analysis. Without this data, we cannot provide the City with the analysis they require and will be forced to assume certain information. j i 1 NNW Reports and' analyses from Hartman used to arrive- at system value figures found in their reports. Data iegarding the value of the systems is not available in these documents. 2 Breakdown of cash reserve amounts from t e City financial records and current cash balances. 3 Data from the City,s engineering cons ltant regarding capital expenditures'since the previous appraisal of the City system and'those expected during the time prior to completion of the proposed transfer agreement. 4 To make an appropriate evaluation of tie value of the Beach system we: strongly suggest that an appraisal be completed by the same firm, and in the same manner one was conducted for the City system. We do not know of any way that an accurate figure can be obtained. TXM HAAlg : This project will be completed two weeks after required information. If' this data is not recei manner, our report must be delayed. tRX: The fee for this engagement will be a lump sum a c which is due after completion of the study. We believe that the services outlined in this propos the concerns of the City and provide you with t, necessary to make a decision regarding this matter. any additional questions,'please contact us. >ipt of the in a timely t of $2, 380 1 will address e information If you have Very truly ours, BUG aasooie es, znc. thleen R. President i t a r City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida DATE: TO: COMPAW..- FAX NUMBED 763 - 3042 FROM: COMPANY NUMBER OF PAGES INCLUDING THIS PAGE: L5 COMMENTS: The informadon contained in this facsimile message is confidential information intended only named above If the reader of this message is not the intended mdpkn4 you are hereby nodfwd or copy of this connnunicadon is S&icvy prohibited If you have received this communication in e telephone and return Nee original messages to us at the above address via the U.S. postal Smvs w • 813/763-3372 rr via use of the individual or entity that any Auendnaaon, & d htdon mar, please immediately notify us by Thank you. OF OKE�C� Val -` City of Okeechobee 55 S.E. Third Avenue • Okeechobee, Florida WV• 4 --kM1Y*fM DATE. - TO: COMPANY.- FAX NUMBER FROM: COMP-M 011 NUMBER OF PAGES INCLUDING THIS PAGE: COMMENTS; CONMENTUL YNOTM The information contained in this facsimile message is confidential information intended only named above. If, the f message is not the intended reCi ' Hader o this prent, you are hereby noti or copy of this communication is 5&Wy prohibited If you have received this communication in telephone and renirn the original message to us at the above add = via the U.S• postal Serra 0 813/763-3372 rr the use of the individual or entity Owl any Awainim&n, dhh1huhon 7Vrr. Please immediately notify xggy Tkank you. Page 4 - Agenda Item 4. Discuss the Utility Authorit y -Mayo: After discussion by Council and sta Gerald Hartman, Engineer of Hartman d Minton es Dean, 1 Associates, Council took action to withhold aassociates; y decisions ega Proposals from Mike Minton and Gerald Hartman until after Associates, Inc., to review and analyse data presented by the Authority as well as financial data of the City. This study is to 1 in two weeks in time to be placed on the next Council Agenda Motion was made by Councilmember O'Connor to hire Phil Go to do study (as proposed in the amount of $2,380.00), in two w( seconded by Councilmember Chandler for discussion. Vote on motion after discussion: All yes except Councilmember the motion. Motion Carried. Following further discussion Councilmember Watford moved to (Minton and Hartman), to return to the Utility Authority Board reconsideration on the surcharge and equalized rate questions aj Surcharge and 3% Utility charge be paid by the County and Bea and time limit to infinity for City Customers; seconded by Counc Couny member Oliver questioned if we are selling the system,w more the City? Councilmember Watford commented, becau, for from the beginning. Kirk lead and Minton; and llip Gonot of PMG ling the Utility Authority study is done by PMG )nsultant for the Utility e complete and returned )f June 20, 1995. of PMG Associates (as discussed); voted $e-against k the Consultants id ask them for consider the 6% water Customers only iember O'Connor. should others pay that's what we asked Vote on motion: All yes except Oliver voted no. Motion Carried. Mayor Kirk commented this matter is over until we get our study [pack from Associates in two weeks, June 20, 1995. m PMG and Consultant Mike Minton asked whether they wan or the other options ted to go over th concerning payments. Council responded no, I Counciimember Watford commented that originally he liked the of ($3,000,000.) but now after these discussions he agrees with the Mi amortized payments over a period of thirteen years as proposed by UA. Councilmember Oliver commented that the one time payment was With no further action taken on this item, the Meeting was adiourr, 9:37 P.M. Personnel handbook A at this time. Payment or's choice of e consultants of the he favored. by Mayor Kirk at