UTILITIES STORED DOCUMENT UT44WC

(Revised 12/7/10; AAH)

WATER SUPPLY AND WASTEWATER TREATMENT

SERVICE AGREEMENT

THIS AGREEMENT is made and entered into by and between PASCO COUNTY, a political subdivision

of the State of Florida, acting by and through its Board of County Commissioners, the governing body thereof,

hereinafter referred to as the "COUNTY," and ___________________________________________________

____________________________, a corporation authorized to conduct business within the State of Florida,

whose principal address is __________________________________________________________________

___________________________________________, hereinafter referred to as the "DEVELOPER."

W I T N E S S E T H:

WHEREAS the DEVELOPER is presently proceeding with the planning and construction of a

development within the COUNTY or contemplating the development of certain real property in the COUNTY;

and,

WHEREAS the COUNTY and the DEVELOPER are desirous of entering into an agreement to provide

for the provision of central water supply and wastewater treatment services to the development; and

WHEREAS the COUNTY is willing to provide potable water and sanitary sewer service to the

development or property known as _________________________________________________________, as

more specifically described in Exhibit A; and

WHEREAS it is necessary and in the public interest for the orderly development of the project or real

property to be provided water and wastewater services from the COUNTY through a utilities service agreement

with the DEVELOPER.

NOW, THEREFORE, in consideration of the premises, which shall be deemed an integral part of this

agreement, and of the mutual covenants and conditions set forth in this agreement, the COUNTY and the

DEVELOPER intending to be legally bound thereby, agree as follows:

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I. WHEREAS CLAUSES

The WHEREAS clauses set forth above are incorporated herein by reference and made a part

of this agreement.

II. SCOPE OF PROJECT

The project shall consist of the provision of potable water and wastewater services by the

COUNTY to the development or property known as __________________________________________. The

operation, design, and construction of the COUNTY'S water production facilities and wastewater treatment

plant shall be accomplished in such a manner so as to adequately meet the service demands of the

development. The DEVELOPER intends to construct, or contemplates the construction of, approximately

________ units at a rate of no more than ____________ units per year. The subsequent expansions of the

COUNTY'S water and wastewater treatment facilities shall be scheduled to correspond with the projected

needs of the development and other developments in the area, as more specifically set forth herein.

III. OBLIGATIONS RELATING TO POTABLE WATER SERVICES

1. Service Commitment Fees. The COUNTY agrees to provide, and the DEVELOPER

agrees to receive from the COUNTY, potable water services, subject to the conditions and limitations set forth

herein, for the development or property known as ________________________________________________

___________________; provided, however, that such services shall only be provided after payment by the

DEVELOPER of service commitment fees for the proposed units requiring service. The service commitment

fee is a nonrefundable payment equal to 100 percent of the water impact fee in existence for the development

or the project at the time the commitment is issued. Payment of the service commitment fee does not entitle

the connection to the water system of the units within the development for which the commitment is received

without paying impact fees in existence at the time of the required payment as established by the Board of

County Commissioners. However, the service commitment fee will be applied toward the impact fee payment

required, and the DEVELOPER shall be responsible for any difference between the commitment fee and

impact fee at the time of the required payment.

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2. Connections to the Water System. The DEVELOPER shall be responsible for

constructing and connecting its potable water distribution facilities for the development to the COUNTY'S

existing potable water system at a location approved by the COUNTY'S Utilities Services Branch. However,

the COUNTY agrees to pay for any oversizing of the water system requested by the COUNTY in accordance

with the terms and conditions of this agreement.

Each premise or parcel within the development will be provided with individual meter

service connections. Any single-family attached units, multifamily units, townhouses, condominiums, and

commercial-type project-sites will be considered as a single parcel and will be master metered with account

billing provided to the project property owner, homeowners' association, condominium association, merchants'

association, or other legal entity responsible for common area services.

3. Charges for Water Services. The DEVELOPER and its successors in interest agree to

pay the COUNTY for potable water services actually used at a rate as established from time to time by the

Board of County Commissioners in accordance with the COUNTY'S utility regulations. Water services shall

include those day-to-day operations and maintenance activities provided by the COUNTY to supply, pump,

transmit, and distribute water for potable supply and fire protection, in accordance with local, State, and

Federal regulations. In addition, the DEVELOPER and its successors in interest agree to pay all inspection

fees, service connection costs, user charges, impact fees, security deposits, and meter installation charges

established by the Board of County Commissioners for the provision of such potable water services.

4. Water Rights and Water Use Permits. In consideration of Pasco County's agreement to

provide potable water service to the development or property known as _________________________

__________________________________, the DEVELOPER and its successors and assigns agree to the

following:

a. In the event of production failure or shortfall by Tampa Bay Water, as set forth in

Section 3.19 of the Interlocal Agreement creating Tampa Bay Water, the DEVELOPER, regardless of the

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permitted use, shall transfer to Pasco County any and all Water Use Permits or water use rights the

DEVELOPER may have to use or consume surface or groundwater within Pasco County.

b. Prior to the DEVELOPER releasing, transferring, or selling any water or Water

Use Permits or water use rights, the DEVELOPER shall notify Pasco County, and Pasco County shall have a

right of first refusal to purchase such water or Water Use Permits or water use rights.

IV. OBLIGATIONS RELATING TO WASTEWATER SERVICE

1. Service Commitment Fees. The COUNTY hereby agrees to provide, and the

DEVELOPER agrees to received from the COUNTY, wastewater treatment services, subject to the conditions

and limitations set forth herein, for the development or property known as __________________________

_________________________________; provided, however, that such services shall only be provided after

payment by the DEVELOPER of service commitment fees for the proposed units requiring service. The

service commitment fee is a nonrefundable payment equal to 100 percent of the wastewater impact fee in

existence for the development or the project at the time the service commitment is issued. Payment of the

service commitment fee does not entitle the connection to the wastewater system of the units within the

development for which the commitment is received without paying impact fees in existence at the time of

required payment as established by the Board of County Commissioners. However, the service commitment

fee will be applied toward the impact fee payment required and the DEVELOPER shall be responsible for any

difference between the commitment fee and impact fee at the time of required payment.

2. Connections to Wastewater System. The DEVELOPER shall be responsible for

constructing its wastewater collection systems, along with any force mains, and pump stations as necessary to

connect to the COUNTY'S existing wastewater system at a location approved by the COUNTY'S Utilities

Services Branch. However, the COUNTY agrees to pay for any oversizing of the wastewater system

requested by the COUNTY in accordance with the terms and conditions of this agreement.

3. Charges for Wastewater Treatment Services. The DEVELOPER and its successors in

interest agree to pay the COUNTY for wastewater treatment services actually used at a rate as established

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from time to time by the Board of County Commissioners in accordance with the COUNTY'S utility regulations.

Wastewater treatment services shall include those day-to-day operations and maintenance activities provided

by the COUNTY to collect, treat, and properly dispose of wastewater in accordance with applicable local,

State, and Federal regulations. In addition, the DEVELOPER and its successors in interest agree to pay all

inspection fees, service connection costs, user charges, impact fees, security deposits, and sewer lateral

installation charges established by the Board of County Commissioners for the provision of such wastewater

treatment services.

V. OBLIGATIONS RELATIVE TO BOTH WATER AND WASTEWATER SERVICES

1. Within the development or property, the DEVELOPER will reserve, or otherwise obtain,

all necessary easement and permits, construct and install all facilities necessary to provide the development

with potable water and sanitary sewer service as provided for in a County-approved Master Utility Plan, and

will bear all costs and expenses thereof including, but not limited to, engineering fees, legal fees, labor, and

materials. Installation of facilities within the development or property known as

___________________________________________ shall not be commenced until plans and specifications

therefore have been submitted to and approved, in writing, by the COUNTY'S Utilities Services Branch and

other appropriate agencies having jurisdiction.

2. The DEVELOPER shall construct and install all off-site facilities necessary to tie into the

COUNTY'S existing water and wastewater facilities at locations approved by the COUNTY'S Utilities Services

Branch and shall bear all costs and expenses thereof including, but not limited to, engineering fees, permitting

fees, and construction costs. Installation of these facilities shall not be commenced until plans and

specifications thereof have been submitted to and approved, in writing, by the COUNTY'S Utilities Services

Branch and other appropriate agencies having jurisdiction. These facilities shall be located in existing

COUNTY easements or rights-of-way or in easements or rights-of-way acquired by the DEVELOPER. The

right of the DEVELOPER to construct facilities in COUNTY easements or rights-of-way shall not be

unreasonably withheld by the COUNTY.

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3. Upon completion of the facilities and other appurtenances constructed for provision of

water and wastewater service to the development by the DEVELOPER, the said facilities shall be inspected by

the COUNTY'S Utilities Services Branch and certified by the DEVELOPER'S engineers. Upon determination

by the COUNTY'S Utilities Services Branch and other appropriate agencies having jurisdiction that the said

facilities have been properly installed and cleared for service by the DEVELOPER in accordance with

approved plans and specifications, potable water and sanitary sewer service will be initiated by the COUNTY,

provided the DEVELOPER has performed and fulfilled all its obligations imposed upon the DEVELOPER under

the terms of this agreement, relevant laws, rules, regulations, and ordinances.

4. It is agreed that, at such time as the facilities constructed for provision of service to the

development, or any portion thereof, are connected to and become a part of the COUNTY'S water and sewer

system, all such facilities and all permits, engineering drawings, and other property owned by the

DEVELOPER, in connection therewith, shall henceforth be deemed to be owned by the COUNTY, and title and

ownership shall automatically vest in the COUNTY without the necessity of any separate instrument of

conveyance or separate instrument of assignment or transfer, and the COUNTY shall have the full privilege of

all of the easements and rights-of-way occupied by such facilities. It being the further understanding of the

parties, that at such time as the said facilities, or any part or portion thereof, are used to provide potable water

and sanitary sewer service to the development, such facilities shall be deemed to be owned by the COUNTY in

their entirety as fully and completely as if installed and paid for by the COUNTY, except that the DEVELOPER,

and its successors and/or assigns, reserve the right to use these facilities for the purpose set forth in this

agreement. The DEVELOPER shall confirm or verify such ownership, conveyance, and title by the execution

and delivery of appropriate bills of sale, transfer, assignments, or other instruments of conveyance, free and

clear of all liens and encumbrances.

5. After ownership and title to any portion of the facilities within the development are vested

in the COUNTY as set forth above, all responsibility for repair and maintenance of such part or portion as have

been installed in appropriate easements or rights-of-way shall be borne by the COUNTY, provided that the

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COUNTY shall not, by this agreement, waive or otherwise affect or diminish its rights and remedies under any

Maintenance Bond, Performance Bond, DEVELOPER Letter of Credit, or other guarantee of performance

regarding such facilities which has been provided the COUNTY in accordance with the requirements of its

subdivision or other applicable development ordinance. Furthermore, the DEVELOPER agrees to post a one

(1) year Maintenance Bond in an amount of fifteen (15) percent of the total cost of all utility improvements. It is

further agreed that the DEVELOPER shall assign to the COUNTY, for the use and benefit of the COUNTY and

its successors and assigns, each and every construction warranty obtained by the DEVELOPER in connection

with the installation of the said facilities.

6. The DEVELOPER and its successors in interest agree that they shall not directly or

indirectly engage in the operation of potable water or sanitary sewer services within or serving the

development or property.

7. At the sole option and request of the COUNTY'S Utilities Services Branch, the

DEVELOPER shall increase the capacity or size of any utility pipeline beyond the capacity or size required for

provision of service to the development. Any such request will be issued in writing by the Assistant County

Administrator for Utilities Services (ACA) and shall be acknowledged by signature of an authorized agent for

the DEVELOPER. This written request by the ACA shall include project scope, project schedule, and any

additional requirements for eligibility for oversizing reimbursement above and beyond those contained in

Exhibit B. Before starting construction of the oversizing work, DEVELOPER shall submit the required

oversizing documentation for review and receive written approval from the ACA. The cost of the oversized

pipeline shall be determined by the DEVELOPER securing at least three (3) competitive bids for construction

of the pipeline to be oversized. Bid prices shall be obtained as alternates for: (1) pipeline to serve only the

requirements of the development and (2) pipeline of the size requested in writing by the ACA. The cash

payment to the DEVELOPER shall be determined by the difference in cost between the lowest responsible

competitive bid for the development-required pipeline and for the oversized pipeline. However, prior to

receiving any payment for oversizing, the DEVELOPER must receive approval of the lowest responsible

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competitive bid from the ACA. Reimbursement by the COUNTY shall be based upon documentation submitted

by the DEVELOPER in connection with the oversizing request and other documentation and certifications as

outlined in Exhibit B. The COUNTY shall reimburse the DEVELOPER by cash payment.

8. As partial consideration for the COUNTY'S maintenance of utility lines and facilities

within easement areas or license areas located in or adjacent to private streets within the development, the

DEVELOPER and its successor and assigns agree to provide for all restoration and/or repair of the sidewalks,

private streets, and related improvements made necessary as a result of the COUNTY'S maintenance of the

utility service lines and facilities. The DEVELOPER agrees that a mandatory homeowners' association shall be

formed for the development and the association documents shall specifically provide for this repair and

replacement obligation. Such documents shall include specific deed restriction notice of such restorations

and/or repairs being the responsibility of the homeowners' association and the said documents shall further

acknowledge that the COUNTY will not be responsible for the repair of any private streets, sidewalks, or

common areas as a result of its utility maintenance obligations hereunder.

9. In the event that the DEVELOPER, at its expense, constructs interim potable water or

wastewater treatment facilities to serve the development or property, the DEVELOPER agrees that any and all

related construction costs, including design, permitting, and certification costs, will not be eligible for any cash

reimbursement from the COUNTY nor any commitment fee or impact fee credits, and the DEVELOPER agrees

that such facilities shall only be temporary; i.e., utilized only until service is available from the COUNTY.

VI. CONDITIONS PRECEDENT

1. Obligations of the COUNTY to provide water and wastewater services as set forth herein

shall be subject to all requirements imposed upon the COUNTY'S system by law and the following condition

precedent:

a. The issuance of all required permits by the Florida Department of Environmental

Protection (FDEP) and other regulatory agencies having jurisdiction.

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2. The obligation of the COUNTY to provide potable water service as set forth herein shall

be subject to the issuance of all required permits by the Southwest Florida Water Management District.

VII. MISCELLANEOUS

1. Any notice, statement, demand, or other communication required or permitted to be

delivered or served or given by either party hereto to the other shall be deemed delivered or served or given if

mailed in any general or branch United States Post Office enclosed in a registered or certified envelope

addressed to the respective parties as follows:

COUNTY: Utilities Services Branch

Public Works/Utilities Building
7530 Little Road, Suite 213
New Port Richey, FL 34654-5598

DEVELOPER: __________________________________________

__________________________________________

__________________________________________

__________________________________________

__________________________________________

Notwithstanding the foregoing, each party shall be entitled to change such address by notice given

pursuant to this paragraph.

2. Covenants and agreements contained herein, including any approved Master Utility

Plan, shall run with the lands of the development or property known as

_____________________________________________________, as more specifically described in Exhibit A,

and shall inure to the benefit of and be binding upon the parties hereto, their respective successors and

assigns. As to the specific rights to connect the development or property to the systems of the COUNTY and

the responsibilities accompanying such rights, they shall run with those portions of the described lands and

shall be designated by the DEVELOPER, either through specifically assigning such rights and responsibilities

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in connection with any sale of a portion of such land or by itself constructing units or other structures to be

connected to the systems upon a portion of such lands.

3. This agreement shall be subject to the requirements of the COUNTY'S Code of

Ordinances, Chapters 46 and 110, and the same are incorporated herein by reference. In the event of any

conflict between the terms of this agreement and the provisions of the said ordinances, the provisions of the

ordinances shall control.

4. In the event the COUNTY'S performance of this agreement is prevented or interrupted

by consequence of an act of God, or of the public enemy, or national emergency, allocation or other

governmental restrictions upon the use or availability of labor or materials, rationing, civil insurrection, riot,

racial or civil rights disorder or demonstration, strike, embargo, flood, tidal wave, fire, explosion, bomb

detonation, nuclear fallout, windstorm, hurricane, sinkholes, earthquake, or other casualty or disaster or

catastrophe, unforeseeable failure or breakdown of pumping transmission or other facilities, governmental

rules or acts or orders or restrictions or regulations or requirements, acts or actions of any government, except

the COUNTY, or public or governmental authority or commission or board or agency or agent or official or

officer, or judgment or a restraining order or injunction of any court, the COUNTY shall not be liable for such

nonperformance, and the time of performance shall be extended for such time period that such party is

diligently attempting to perform.

5. This agreement shall be binding upon the heirs, successors, and assigns of the parties

hereto and the provision hereof shall constitute covenants running with the land for the benefit of the heirs,

successors, and assigns of the parties.

6. If the District School Board of Pasco County installs off-site lines and equipment for any

school with the ________________________________________development, the DEVELOPER shall

reimburse the District School Board of Pasco County any costs it incurs for utilities over and above its

proportionate share required for the minimum utilities required by Chapter 110 to serve the school. The District

School Board of Pasco County shall be a third-party beneficiary to this provision of this agreement.

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IN WITNESS WHEREOF, the parties hereto have executed the foregoing agreement on this

______ day of _____________________, 20___.

(SEAL) BOARD OF COUNTY COMMISSIONERS

OF PASCO COUNTY, FLORIDA
ATTEST:

_____________________________________________ _________________________________________
PAULA S. O'NEIL, Ph.D., CLERK AND COMPTROLLER CHAIRMAN

(SEAL)

ATTEST: (COMPANY NAME))

_______________________________________ BY: _____________________________________

(NAME AND TITLE)

Print

Its
Title

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EXHIBIT A

FOR
____________________________________________________________
(Insert Project Name)

PROJECT DESCRIPTION AND DATE:

Commission District:

Developer's Name/Address:

Telephone No.: ( )

Federal ID No.:

Project Location (Description by Local

Roads and Community Area):

Property Owner(s):

Project Property Parcel ID No(s).:

Project Acreage:

Land Use Classification:

Zoning District:

Number and Type of Building Units:

Water Service Demand (gpd*):

Sewer Service Demand (gpd*):

* gpd = gallons per day

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SKETCH AND PROPERTY LEGAL DESCRIPTION:

(Insert Sketch Here and Legal on Additional Pages as Required)

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EXHIBIT B

Prior to the reimbursement of oversizing cost to the DEVELOPER per conditions as set forth herein, the

following documentation items shall be submitted to COUNTY'S Utilities Services Branch as a complete

package for verification of eligible cost amount that is to be paid:

1. Minimum of three (3) bids certified by the DEVELOPER'S Engineer of Record.

2. Certified bid tabulation sheets prepared by the Engineer of Record, which summarize all bids

and which reflect the difference in unit and total cost difference between the two (2) lower bids on a unit basis

and costs for any oversizing showing pipe diameters and separate unit prices.

3. Certification by the Engineer of Record for project completion on appropriate FDEP forms and

acceptance letter from FDEP and/or Pasco County.

4. Copies of all inspection reports, bacteriological analyses, and chemical analysis.

5. A one (1) year Maintenance Bond or Letter of Credit from the DEVELOPER as required by

ordinance for all on-site and off-site water, wastewater, and reclaimed water systems constructed by the

DEVELOPER.

6. Two (2) sealed, blue-line record drawings, two (2) CDs of record drawings in AutoCAD, and two

(2) CDs of record drawings in PDF.

7. Transfer of all regulatory permits to Pasco County as appropriate.

8. Paid invoices which depict the cost of the work performed in connection with the oversizing

agreement.

9. Waivers of lien signed by the contractor for all work performed in connection with the oversizing

request, and which states the amount of the payment covered by the lien waiver.

10. Copies of canceled payment checks, front and rear, corresponding to the work covered by the

oversizing agreement.

11. If the construction will be provided from the DEVELOPER'S own resources, then a

Memorandum of Understanding (MOU) must be written and signed, delineating what documentation will be

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required. In the absence of any such MOU, then it will be assumed that the DEVELOPER did not provide the

services from its own resources, and the documentation will be required as outlined in Items 1-10 above.

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