HomeMy Public PortalAboutSpecial Utility Agreement D R Horton Redstone CommonsSPECIAL UTILITY SERVICE AGREEMENT
for
WATER AND/OR WASTEWATER SERVICE
Invoice # LATSL-03132012-01
THIS AGREEMENT is made and entered into this q day o2012,
by and between the City of Crestview, a governmental body, corporat and p litic, of
the State of Florida, and D.R. Horton, Inc. (the "Developer");
WHEREAS, the Developer owns certain land in Okaloosa County, Florida, more
particularly described in Exhibit "A" to this Agreement (the "Property") and intends to
construct on the Property a Residential Development to be known as Redstone
Commons Phase I (the "Project"); and
WHEREAS, the Developer desires the City of Crestview to provide to the Project:
(check whichever is applicable)
A. Water Service -- Projected average daily flow: 101,700 gallons per day
B. Wastewater Service -- Projected average daily flow: 95,000 gallons per
day; and
WHEREAS, the City of Crestview is willing to provide such service upon the
terms and conditions hereinafter set forth;
NOW THEREFORE, in consideration of the premises and the mutual covenants
herein contained the Developer and the City of Crestview hereby agree as follows:
1. The Developer shall, at the sole cost and expense of the Developer:
A. Construct or cause to be constructed, on the Property as shown in
Exhibit "A", such mains, laterals, lift stations, force mains, fire hydrants and other
facilities as may be necessary for the City to provide such service to the Project.
Laterals to serve each lot or parcel within the Project shall be stubbed out to the
property or easement line.
B. Construct or cause to be constructed such other facilities outside the
Property as are generally described in Exhibit "B" to this Agreement.
2. The Developer shall commence construction of such facilities within 60
months after the date of this Agreement and shall complete construction of such
facilities within 120 months after the date of this Agreement. Provided, however, that
the time for completion of construction may be extended by the City once for twenty four
(24) months if construction was 50% or more complete within 120 months of the date of
this agreement and the Developer can demonstrate to the satisfaction of the City that
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3. The City acknowledges receipt from the Developer of $149,249 in payment or
partial payment of sewer connection fees for the Project. In consideration for such
payment, the City agrees to credit the Developer the number of sewer taps equal to the
above dollar amount.
A. It should be understood that the City cannot reserve water or wastewater
system capacity until the Developer enters into a standard Utility Service
Agreement with the City and commits to a payment of the system impact fees
— which are separate from system connection fees.
B. The payment of the above dollar amount will be used by the City to construct
a new 15" gravity sewer line on or near the Property, under the City Project
name: "Lowe's Area Trunk Sewer Line".
C. It is understood that the cost of construction of the 15" gravity sewer line may
exceed the estimated cost; in this event, the Developer agrees to pay 56.5%
of the excess cost to the City of Crestview.
4. The Developer agrees that, if the Developer fails to commence or complete
construction of such facilities within the times specified by Section 2 of this Agreement,
any sewer connection credits for the Project shall be terminated, and any fees paid by
the Developer shall be retained by the City as liquidated damages for the breach of this
Agreement.
5. The Developer shall pay all Project costs of any kind, including the cost of any
necessary relocation of existing utilities, and shall secure such permit and easements
as may be required. The Developer may receive credit for a portion of the cost of
construction of other off -site facilities in accordance with the policies and procedures of
the City.
6. All such design and construction shall be in accordance with the City Water
Sewer Manual and those criteria set forth in Chapter 90 of the City Code.
7. No such construction shall be commenced until plans and specifications
therefore have been submitted to and approved in writing by the City and other
agencies or permitting authorities having jurisdiction.
8. This Agreement may not be amended except by a writing executed by the
Developer and the City.
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8. This Agreement may not be amended except by a writing executed by the
Developer and the City.
By
9. This Agreement shall be governed by the laws of the State of Florida.
Dated as of the date and year first above written.
LORIE A. REED
EA-: in: MY COMMISSION S DO 781056
V ---:q EXPIRES: August 21, 2012
' i ra, Bonded Thru Notary Public Underwntere
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CITY OF CRESTVIEW:
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By //1"49r( attct_
David Cadle, Mayor
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etsy Roy, City Clerk
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