OBLIGATIONS RELATIVE TO BOTH WATER AND WASTEWATER. (a) Design, Review, Construction, Inspection and Conveyance of Water and Wastewater Facilities. (1) The DEVELOPER shall pay all reasonable, out of pocket review costs incurred by the CITY for the review of engineering plans and specifications submitted by the DEVELOPER showing the proposed on-site and off-site water distribution and wastewater collection system improvements to be installed to provide service to the Property. Such detailed plans may also be limited to a phase of the property with subsequent phases to be furnished from time to time. However, each such phase shall conform to a master utility plan for the Development of the entire Property and such master utility plan shall be submitted to the CITY concurrent with or prior to submission of construction plans for the first submitted phase. After the CITY’S approval of construction plans, the DEVELOPER shall cause to be constructed the water distribution and/or wastewater collection systems as shown on the approved construction plans and/or master utility plan and in accordance with other applicable provisions of this Agreement. (2) The parties agree that prior to construction of any improvements pursuant to the terms of this Agreement, all necessary permit applications will be submitted by the DEVELOPER and receive approval by the appropriate regulatory agencies, unless otherwise provided pursuant to the terms of this Agreement. (3) The provision of water and wastewater service by the CITY is contingent upon the DEVELOPER receiving all applicable federal, state or local permits and/or approvals for service to the Property. Should any federal, state or local permit and/or approval for service to the Property be denied or withheld, this Agreement shall be null and void and all payments including offsite extension costs, and connection fee payments, including prepayments, shall be immediately returned to the DEVELOPER, unless otherwise provided pursuant to the terms of this Agreement. (4) During the construction of the water distribution and wastewater collection systems by the DEVELOPER, the CITY shall have the right to inspect, with prior reasonable notice to the DEVELOPER, such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perform, with prior reasonable notice to the DEVELOPER, standard tests for compaction, pressure and leakage, infiltration/exfiltration, line and grade, and all other normal engineering tests required by specifications and/or good engineering practices. However, should the CITY observe any deficiencies inconsistent with the plans or construction not in accordance with the approved specifications, the CITY shall notify the DEVELOPER, and the DEVELOPER shall require the contractor to make corrections as necessary. (5) The DEVELOPER agrees to allow CITY inspector(s) to be present at all times during construction of both the onsite and off-site water distribution system and the wastewater collection and transmission system for the Property, including the fire safety system. The DEVELOPER shall notify the CITY to arrange for the CITY’S inspector(s) to be present when actual connection is made to the CITY’S water supply and wastewater transmission lines. (6) The DEVELOPER shall provide record drawings and electronic copy of record drawings, FDEP approvals, itemized costs of construction and quantities of materials used in construction. A one-year warranty shall be submitted to the CITY upon completion of construction. (7) The CITY agrees that its acceptance of the water distribution and wastewater collection systems installed by DEVELOPER for service, or acceptance of the bill of sale, shall constitute the assumption of responsibility by the CITY for the operation and maintenance of such water and wastewater system from that date forward. (8) All construction and/or installations by the DEVELOPER or its contractor shall be warranted for at least one (1) year from the date of acceptance of the improvements by the CITY. Mortgagees(s), if any, holding prior liens on such properties shall be required to release such liens, subordinate their position and join in the grant of dedication of the easements or rights-of-way. All water distribution and wastewater collection facilities shall be covered by easements if conveyed to the CITY and not located within platted or dedicated right-of-way. (9) After ownership and title to any portion of the facilities within the Development are vested in the CITY, all responsibility for repair and maintenance of such part or portion as have been installed in appropriate easements or right-of-way shall be borne by the CITY, provided that the CITY shall not, by this Agreement, waive or otherwise effect or diminish its rights and remedies under any Maintenance Bond, Performance Bond, the DEVELOPER’s Letter of Credit, or other guarantee of performance regarding such facilities. It is further agreed that the DEVELOPER shall assign to the CITY, for the use and benefit of the CITY and its successors and assigns, each and every construction warranty obtained by the DEVELOPER in connection with the installation of the said facilities. (10) The CITY shall not be obligated for any reason whatsoever nor shall the CITY pay any interest or rate of interest upon any funds paid by the DEVELOPER pursuant to this Agreement. (11) The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the DEVELOPER of the necessity of complying with the law governing said permitting requirement, condition, term, or restriction.
Appears in 2 contracts
Sources: Utility Services Agreement, Utility Services Agreement