HomeMy WebLinkAbout12-173RESOLUTION NO. 12-173
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF
COUNTY COMMISSIONERS SITTING AS THE COMMISSION
OF THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT,
AUTHORIZING THE REVISIONS OF THE UNIFORM SERVICE
AND UNIFORM EXTENSION POLICIES FOR CUSTOMERS
WITHIN THE ST. LUCIE COUNTY WATER AND SEWER
DISTRICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 04-023, (the ``District Ordinance") the
St. Lucie County Board of County Commissioners ("Boazd") created the St. Lucie
County Water and Sewer District ("District") for the purpose of providing water,
wastewater, and reclaimed water service within the boundaries of the District; and
WHEREAS, on August 2, 2005, in Resolution No. OS-277, the Board, sitting as
the Commission of the St. Lucie County Water and Sewer District ("Commission")
adopted the existing Uniform Service and Uniform Extension Policies for the utility
services furnished to the customers of the District; and
WHEREAS, the Boazd, on the advise and recommendation of its utility staff and
technical advisors has established the revised Uniform Service Policy (Exhibit "1") and
Uniform Extension Policy (Exhibit " 2") for customers within the District and finds that
such revisions are just and equitable and in the public interest.
NOW THEREFORE, BE IT RESOLVED by the Boazd of County
Commissioners of St. Lucie County, Florida, sitting as the Commission of the St. Lucie
County Water and Sewer District:
Section 1. ADOPTION OF 2012 UNIFORM SERVICE AND UNIFORM
EXTENSION POLICIES FOR THE DISTRICT. The 2012 Uniform Service and
W&S District USP & UEP Resolution 12-173
Uniform Extension Policies for customers within the St. Lucie County Water and Sewer
District to be serviced by the District utility system is hereby adopted.
Section 2. SEVERABILITY. If any section, paragraph, sentence, clause,
phrase, or word of their Resolution is for any reason held by a court to be
unconstitutional, inoperative, or void, such holding shall not affect the remainder of this
Resolution.
Section 3. EFFECTIVE DATE. This Resolution shall become effective on
January 1, 2013.
Section 4. ADOPTION. After motion and second, the vote on this Resolution
was as follows:
Chairman Chris Dzadovsky
Vice Chairman Tod Mowery
AYE
NAY
Commissioner Paula A. Lewis AYE
Commissioner Frannie Hutchinson AYE
Commissioner Chris Craft AYE
PASSED AND DULY ENACTED this 23rd day of October, 2012.
BOARD OF COUNTY COMMISSIONER
ST. LUCIE COUNTY, FLORIDA
- y~ /
G-
D pu Clerk - Chairma
-. -
APPROVE AS TO FORM AND
- _ ~`~ CORRECT E~S•
BY: ~~ ~U /~ '`~
County Attorney
W&S District USP & UEP Resolution 12-173
EXHIBIT "1"
UNIFORM SERVICE POLICY
EFFECTIVE OCTOBER 23, 2012
EXHIBIT " 2"
UNIFORM EXTENSION POLICY
EFFECTIVE OCTOBER 23, 2012
W&S District USP & UEP Resolution 12-173
ST. LUCIE COUNTY WATER AND SEWER UTILITY DISTRIC
UTILITY SERVICE POLICY
P~o~ i
District t?tilit~~ Service Police ~~
October 23, 2012
CHAPTER I - GENERAL
SECTION 1 - POLICIES
PURPOSE
The purpose of this Utility Service Policy (_USP_) manual is to establish uniform and non-
discriminatory regulations, policies, standards and utility fees for the proper administration of the St.
Lucie County Water and Sewer Utility District ("Districf'~~F3). The USP is part of ~C~3the
District Uniform Policies and Procedures ("UPAP"), which includes the Utility Extension Policy
(~:~p»)~ +r T r+•r+~ r-, +' ~ mob ,~~*~ the rate tariff. and other policies and procedures adopted
by the Board of County Commissioners (Board) sittini7 as the Board of the District (_=District
Board_-), as may be amended from time to time. The provisions of the UPAP and terms as defined in
the UPAP aze incorporated in this USP by reference.
SL~I~The District has, and may from time to time enter into, certain agreements with other regional
utility providers to provide bulk water supply and treatment, wastewater treatment and disposal and
reclaimed water supply to ~I~the District. Currently St. Lucie County has a bulk service
agreements with t~Fort Pierce Utilities Authority ("FPUA" '~
~~. Theseis agreements Preis incorporated in the UPAP by reference and made a part of the
UPAP alone with anv subsequent bulls sets-ice a~•eements. To the extent that these-this and any other
bulk service agreements entered into by ~Uthe District in the future have additional requirements
or impose different regulations and policies, such requirements, regulations and policies shall also
apply- to District Customers of~I3.
VALIDITY
The policies and the procedures specified herein supersede and replace any prior policies, procedures,
regulations, fees, etc., governing provision of utility service by ~Uthe District. In the event that a
portion of this USP document is declared unconstitutional or void for any reason by any court of
competent jurisdiction, such decision shall in no way affect the validity of the remaining portions of
this USP. All a~,troved and pennitt~d but not ~~et cou~leted development projects must include anv
and all chan~7es as adopted in the LISP. Notwithstanding an~~-thin~7 in the UPAP to the contran-. all
rights and Urivile~aes afforded a utilit`~ district pursuant to Chapter 1~3. Part II. Florida Statutes. shall
be available to and may be exercised by the District at ~ulv time and from time to time. in addition to
an~,- rights and privileees t~rovided in the LEAP.
REVIEW OF POLICIES AND PROCEDURES MANUAL
The District Boazd shall periodically review this USP to evaluate the adequacy of its provisions.
Revisions must be approved by the District Board prior to implementation and dissemination except
as may be authorized as a ministerial responsibility.
MINISTERIAL RESPONSIBILITIES AUTHORIZED
The District Board hereby delegates and authorizes the District Utility Director ^-~T~~ and his l7er
designees, to perform those functions necessary to properly conduct the business of ~i~the District
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October 23, 2012
in conformance with the policies, procedures and regulations set forth in this USP, as well as and
applicable law and regulation. Such functions include, but are not limited to, the ability to execu
and record Standard Potable Water Development Agreements, Standard Wastewater Developme
Standard Reclaimed Water Development Agreements, indemnity agreemen
Agreements,
easements, deeds, liens, permits and such other documents as are necessary and ordinary for carryi
out the day-to-day activities of ~C-i3the District. Such functions further include interpretation
applicability and the ability to implement corrections to the USP and accompanying documents wh
minor in nature and not otherwise legally requiring an action of the District Board 1
implementation. Consistent implementing procedures may also be adopted by ~~the Distr
Utility Director, without further approval by the ~UDistrict Soard.
SECTION 2 - GENERAL DEFINITIONS/PROCEDURES
The following defmitions are used in or useful in interpreting and understanding the USP, UEP
the UPAP. Technical terms will be defined in accordance with standard references if not defm d
herein to the contrary. Such reference sources include, but are not limited to, the American Wat r
Works Association, the Florida Water Management Districts, the Florida Health Departments and e
Florida Department of Environmental Protection.
The UPAP, USP and UEP are gender neutral. Masculine gender shall include the feminine and vi e
versa. Shall is mandatory. May is permissive or discretionary. The use of the singular shall e
construed to include the plural and the plural shall include the singular as indicated by the content f
its use.
:~ccounty Deposit. _a deposit required froth a Custrnner as seclu-it`~ for pa~'ment of Distr ct
utility bills in amounts as provided in the Rate Tariff.
Account ^i~Service Fee. A fee designed to recover the expenses incurred y
s,,~i~the District in establishing an account for billing purposes and also in lieu of orem se
+t, o ~+o .Y, ~
~~isit`' ~, ~z•
~ '
Act or The Act. The Federal Water Pollution Control Act, also known as the Clean W
Act, as amended from time to time, 33 U.S.C. 12~ 1, et seq.
Adminstrative Hearing Board ("AHB~~). A three (3) member board established to hear dd
review disputes relating to the correctness of utility bills, the imposition of utility fees,
challenges to termination of service.
An ~lieant. A erson or entin~ that a ~ dies for util_it~- ser-~ ice from the District nd
executes a Contract for Ser~~ice «ith the District. i
~, n ~ T ,
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October 23, 201?
Auxiliary Water Supply. Any water supply on or available to the premises other than
~~Disu-ict approved public potable water supply. These auxiliary waters may include
water from a public reclaimed water system, private non-potable water supply, or any
natural source(s), including but not limited to wells, springs, rivers, streams, or canals.
Backflow Preventer. A device and/or method of construction. accepted and appro~ ed ti`_
the District. used to prevent ~backflow into a potable water system. The type of assembly
used should be based on the degree of hazard, either existing or potential.
Base Facilit~~e/Fee. A charge/fee paid on a monthly basis by all Customers to
recover a portion of the Customer's share of the utility's fixed or non-variable costs.
Business Hours.
Administration 'Customer Seri-ice Proiect Nlana~ement~nan~~AcEe~~g~Q
~' ~_- -~~:00 a.m. to ~~:00=89 p.m.
~'„~-*^~~~ c~n,;~~Lobb~~ Hours -- ~9~:00 a.m. to ~: ,80 p.m.
r3pe~tiens~~te~^~ o;nn ., ,,., *„ c.nn ., ri, ~.~ Hour Emer~encv Sei-~-ices
All hours shown are Monday through Friday, excluding holidays. and ina~ be amended b~
Count<~ Administration.
Commodity or Constunption Char~e/Fee (Gallonage Charge). A charge/fee paid on a
monthly basis by all Customers with recorded consumption during the month. The
Commodity Fee is intended to recover the customer's share of the T T*District's variable
operating expenses and a portion of fixed and non-variable expenses not recovered by the
Base Facility Charge.
Connection Fee. The fee assessed by the Districts for the connection of existing or
proposed development to the District uUtility Facilities. The amount of such fee, as
amended from time to time, represents the proportionate share, per Equip alent Residential
Coru~ection ("ERC_), of the reasonably anticipated capital cost of expanding, oversizing,
acquiring, or constructing the District~n~'s planned and existing facilities within the
District's~t~ service area where such expansion, oversizing, acquisition, or construction
is necessitated by the connection of new customers (or additional use by existing
customers) to the existing utility facilities, for the benefit of new and not-yet-served
customers. This fee is separate and apart fi•om any- Meter Fees or any char~z~'fee to reco~°er
the cost to connect a Customer's plumbin; to the District's L?tilitti~ Facilities.
Community Wastewater Treatment Plant. A community wastewater treatment plant is
defined to mean a temporary wastewater treatment plant for a development, its collection
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October 23, 2012
system, appurtenant effluent disposal/reclaimed water reuse facilities, and sludge treatmen
and disposal facilities ~endin~~ connection to the District's L`tilit<- Facilities.
Contract For Service. The document by which a customer's financial responsibility i
established for the charges legally assessed against the service address(es) specified therein
Coun Apolitical subdivision of the State of Florida, known as St. Lucie County,
governed by the Board of County Commissioners (BoardB~~).
Customer. An Applicant which has contracted to receive utility services from Tom- *~tl
District and is financially responsible for the payment of all charges legally assessed by tl
T r*~District with respect to that particular connection to the Districts Utility
fFacilities. else-Customer also refers to the actual user of these utility services if differe
from the A lip icant•
Customer. Bulk. A customer of athe TT TDistrict which redistributes utility servic
through its own utility facilities.
Customer. New. _ ~ ~ b '
e~~ex~.a Customer that has not previously contracted for service ti~~ith t e
District.
Developer. A Property Owner, or an agent of the Pro e~=Owner, of land proposed r
Development.
Development Existing. A single family residence, amulti-family structure, or a sin le
parcel of property with one or more existing structures used for residential, commerci 1,
commercial residential, industrial, or manufacturing purposes that produces water fi'oi a
~~ivate «~ell and/or generates wastewater flow to On-Site Wastewater Treatment Dispo al
System or a Private Wastewater Treatment Facility within the
«-.. ~t~District Service Area.
Development Proposed. Any change in land use which alters or creates the demands or
utility services; any manmade change to improved or unimproved real estate, including ut
not limited to buildings or other structures, mining, dredging, filling, grading, pav' g,
excavation, drilling operations, or permanent storage of materials; the act of buildi g,
engineering, mining, or other operations in, on, over, or under land; and/or the making of
any material change in the use of any building or other land.
District. The St. Lucie County Water and Wastewater Utility District_ a Cha Ater 1 ~ 3, art
II. Florida Statutes. utilit<' district.
Disu-ict L~tilit~~ Ser~~iee Police
~r n `S
October 23, 2012
District Board. The St. Lucie County Board of County Commissioners sittinU as Tthe
Governing Board of the St. Lucie County Water and Wastewater Utility District.
District Standard Development Aureement The Standard Development A~-eement_ as
adopted and amended from time to tithe by the Board setting forth specific requu-ements of
a Develo er in connection with a reservation of ca acrtv m the Dtstnet Utility Facilities.
District Utility Director. The District Utility Director or the District Utility Director's
designee.
~~ ,
Effluent. Water, after some degree of treatment, flowing out of any treatment device or
facility.
Equivalent Residential Connection ('`ERC'"). A unit of potable water, reclaimed water, or
wastewater capacity in the applicable District utility system which is equivalent to the
average number of gallons per day of service attributable to a single family detached
residence as such number is established from time to time by the District Utility Director
for the applicable service.
Force Mains. See Wastewater Facilities, Pressure.
FPUA. The Fort Pierce Utility Authority and its successors and assi~~s.
Individual On-Site Wastewater Disposal Facilities. On-Site Wastewater Disposal Facilities
that provide Wastewater services to a single housing unit.
Individual On-Site Water Supply Facility. A water well serving a single housing unit.
Line Extension. Any utility conveyance system improvements needed to provide service to
an existing or proposede development.
Low Pressure Sewer Facilities. See Wastewater Facilities, Low Pressure.
Off-Site Facilities. Utility facilities that are located between the ~q~~s-Developer's or
Customer's property l~i~-s-boundaries and any and all Point 9of Connection'-s.
On-Site Facilities. Utility facilities that are located within an ~'~~s-Developer's or
Customers property_~it~boundaries.
On Site Wastewater Disposal Facilities. The facilities used for the treatment of wastewater
in septic tanks and the disposal of the effluent by absorption fields.
Pa~~e 6
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October 23, 2012
Oversized Facilities. Any utility facilities which are sized beyond the nee~Minimum sip
of facilities needed e~bv the dDevelopment for which the facilities were initially installed-
oro~~ide ser~~ice.
Oversizin~. Constructing futility facilities '~' '' ^"° ^^~"+^'^*°'' to provide capacity f r
existing and/or future developments- '
,-h. .. °+-'~ a°~.°1^-++.+°-,+u hirh arP ci~Prl ~1PVnn[j T~1P lllllllllllllll S17e Of faCllltl S
^eeded by the Deyl
gent for ~~~hich the facilities ~~ere initially installed to pro~~i
ser~~lce_
Point of Connection ("POC"). A point of entry into- ^ "+'1'*~~ °~rr~the District Ltili
Facilities, as desianatedg~ei~ by the rT*~District to a Customer; the point
which the Customer receives utility service.
Potable Water. Water that meets the United States Environmental Protection A
standards for human consumption.
Potable Water Facilities. All facilities required for the production, treatment,
transmission, distribution, and delivery of potable water.
Potable Water Facilities, Common. Potable water supply facilities Hsu li d
from an on-site well with more than one connection serving more than one dwelling un t.
Common potable water supply facilities shall meet l~State requirements for a priv e
water supply.
Potable Water Facilities, Distribution. Those pipes, fire hydrants, valves, fittings, servi e
connections, and appurtenances, sized in accordance with District engineering standar s,
used to convey potable water from ^ ~,^^+°r ~'^~~°a the District's transmission system t a
^~^^~~individual Customers as desi~lated by the District Utility Director.
Potable Water Facilities, Municipal. Public potable water facilities which are provided b a
City, e~County ~-sl~lor other Uoyernmental a~encv ~', hich meet ~$-State requireme is
for a public water supply.
Potable Water Facilities, Private. Potable water facilities ~ '-'~~°'' +''° °^~~'*~"'''^~
hat are not '~~Iunici
Potable Water Facilities.
Potable Water Supply Facilitiesl~. Those facilities used to develop a source f
potable water and its treatment including, but not limited to wells, raw water mai s,
treatment facilities, storage tanks, pumping stations, etc.
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October 23, 2012
ge~~e-~~~'-a~e~€aci~i-ti~~~d~~~-d-t~l-On-S~ n ^+.,~.~o . ,.,~o.. ~ „i., ~ ,-.,.,oa ~..- .,
;~S Wit-ale-teq~e~t~~e~=ado ~x ~„+o.. c„rr t t
Potable Water Transmission Facilities. -r,..,.,~,,..:~~;^r Those pipes, fire hydrants, valves,
fittings, and appurtenances, sized in accordance with District eng~ee~gdesi~_n criteria and
construction standards, used to convey pPotable w~~'ater Sut~t~h Facilites to frem-_pPotable
"b `•ivu~ivii
w`~~~ater ^'~. ~~^;~;t;~°Distribution Systems. ~+~+;^^ +^ - `':"+ ''
:The District L~tilitti~ Director will determine which facilities are part of the Potable
~~'ater Transmission Facilities and ~~hieh are Dart of the Potable ~~~ater Distribution
F~~cilities.
Property Owner. The title holder of record for a pazcel of land, or its duly authorized
representative or agent, ,who applies, either voluntarily or
through the mandatory connections procedures, for utility service to and for said pa1•cel of
1_and~, and who can bind the itle holder of record to all legal
obligations related to utility services to the parcel of land.
Rate Tariff. The schedule of rates. fees and char~?es for utility service established b~~ the
District Board and amended from time to time.
Reclaimed Water. Domestic W~ti astewater that has received at least secondary treatment,
as defined by Florida Department of Enviromnental Protection (FDEP), and treatment as
required by policy of the Sanitary Sewerage-_Element of the St. Lucie County
Comprehensive Plan, and is reused after flowing out of a wastewater treatment facility.
Reclaimed Water Facilities. All facilities required for the storage, transmission, and'or
distribution of reclaimed water. These facilities will also include treatment facilities as
needed to treat secondai-~~ effluent standards to Reclaimed ~~ ater standards.
Reclaimed Water Distribution Facilities, r,;~+~~'~~~+~^~. Those pipes, valves, fittings, service
connections, and appurtenances, sized in accordance with District utility desi~n~ criteria ~~nd
construction standards, used to convey reclaimed water from rReclaimed w`~"ater
tTransmission ~~^~Tto an individual eCustomers. as desiUnated by the District Utilit~~
Director.
> >
Reclaimed Water Service Connection. The rReclaimed w~~~ater connection from a
rReclaimed w~~'ater dDistribution Facility to the point of connections for a
6customer._ For a residential Customer, this point of delivery is the downstream side of the
meter at the Customer's property line. For anon-residential customer, the actual point of
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October 23, 2012
delivery may be at a location other than the property line, to be determined by the Distric
Utility Director in coordination with the Customer.
Reclaimed ~~~ ater Transmission Facilities. Those it~es. ~~ah es. fittings. and a~ ~urtance
identified and sized in accordance ~zith the reclaimed Mater n~~aster plans. constnlcted i
accordance with District utility design crtieria and consn-uction standards. used to conve
reclaimed ~~~arer fi-om a ~:~aste~~~ater treatment plant or umUin~r station to Reclaimed ~~ti•at~
Distribution Facilities. Tlie District L~tilit~- Director will deten7line which facilities are na
of the Reclaimed ~Z~ater Transmission Facilities and which ire part of the Reclaimed ~~•ai r
Distribution1 Facilities.
Reuse. The deliberate application of rReclaimed wti~%ater for ~~~ ~lin•i`ation purpo e
t, • t, "~ •
t t ~ ~t ~ ~ „f ~
he District is legally entitled o
Service Area. The parcel(s) of land to which T T"t
provide utility services.
Service Area- Municipal. The area within which a county, municipality, or of er
governmental^~ -agency by-a law or agreement is allowed to provide util ty
services.
Service Availability (Availability of Service). The results of determining, thro h
engineering analysis and of cost and operational feasibility studies, if utility service is
available * ^ - '~ + ~ " r'' " ~ ~ +r-"* ~"for existing development or i-s-proposed
development.
Service Lines. The smaller diameter ~i yes that branch from IarRer diameter i es in he
Potable «~'ater Distribution S~~stem_ Reclaimed ~~~ ater Distribution S~~stem or ~~'aste~a~ -ter
Collection S~-stem to a Customers Potable ~~-ater meter. Reclaimed Water miter. or
wastewatzr cleanout on the Customers Uronerty line thereb~~_pro~-idin~ a point of delis r~~
of Potable Water or Reclaimed Water to a Cusomer or t~oint of collection of «'aste~~~ ter
from a Customer.
Sewage. Domestic or Sanitary. See Wastewater, Domestic or Sanitary
Surchar~ae. A pass-thmuch cost shall be addzd to all charges for sere°ices rovide tot ose
customers recei~~in~ ~~~ ater. ~Z'aste~~~ater and Reclai?ned Water ser~~ice from the Dis rict
that reside within a cin .
UPAP. The Utility Policies and Procedures of ~~;the District, which include the U lit}
Service Policy (_USP_), the Utility Extension Policy (_UEP_),
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October 23, 2012
~ ~ t:^„~ ~ Tru ;the utility rate tariff, and other utility policies and procedures adopted
and revised from time to time by ~i~the District and;`or District Board.
Utility. A publicly or privately owned company or legal entity that provides to its
customers utility products and/or services. Such products may be gas, electricity, water,
etc.; and such services may be utiiin' transportation systems, stormwater management
systems, wastewater treatment and disposal systems, etc. In +'' ~° ~°^~~'°t'^ =s the t'EP_the
use of this word will be restricted to an entity that supplies potable water, reclaimed water,
and wastewater products and services to its customers.
Utility Facilities. All the facilities controlled by a Utility required to provide customers
with potable water, reclaimed water, and/or wastewater products and/or services.
~ ~r
TT T+~.~~Ta 1' T T+'1'h f' '1'+' ~ -t.' h +T. ct
a + +~ ,-,~1~,
Utility Service. The act by a Utility of providing Potable ~ti'ater and%or Reclaimed Watzr to
a customer ,and/or providing t ~ ~>>~+^",°,.
tie-tor the removal of ~e~-~`~'astewater tiom the customer.
Wastewater. The liquid and water-carried domestic or industrial wastes from dwellings,
commercial buildings, industrial facilities, and institutions together with any ground water,
surface water, and storm water that may be present, whether treated or untreated, which is
contributed into or permitted to enter any wastewater facilities.
Wastewater Domestic or Sanitary. Wastewater derived principally from dwellings,
commercial buildings, industries, institutions, and the like; originating as wastes from
kitchens, water closets, lavatories, bathrooms, and showers; the strength of which shall
normally fall below the following parameters: BOD (300 mg/1); TSS (300 mg/1);TN (40
mg/1), and TP (12 mg/ 1).
Wastewater Facilities. All facilities required for the collection, transmission, treatment to
secondaT~- effluent standards, and disposal of wastewater.
Wastewater Facilities. Collection. A system of laterals, pipes, and manholes used to collect
wastewater and convey it by gravity to a pumping station.
Wastewater Facilities. Low Pressure. A network of small diameter pipelines which convey
wastewater, under low pressure, to a central collection facility. The low pressure is
produced by small pumps located at the individual wastewater sources.
Disu-ict t'tilin~ Service Polio- Pa~~e 10
October 23, 2012
Wastewater Facilities. Pressure. A system of pipes, valves, fittings, and appurten
used to convey wastewater under pressure from a pump station to a point of discharge.
b
Wastewater Facilities. Pump (Lift) Station. An above or below ground structure containi
pumps and appurtenances which pumps untreated wastewater through a wastewa
pressure facility to another wastewater pressure facility, a wastewater collection facility
directly to a wastewater treatment plant.
Wastewater Facilities, Service Lateral. In wastewater collection facilities a service lateral
a small pipe that branches from a larger pipe to a customer's property line there
providing a point of collection into the collection facility. A lateral is normally sized fe
inches in diameter or larger.
Wastewater Treatment Plant. Those facilities used to treat wastewater and dispose f
effluent and serge-biosolids including, but not limited to clarifiers, aerators, digester ,
filters, storage tanks, percolation-evaporation ponds, spray irrigation fields, direct dischar
pipes, injection wells. etc.
Well. The physical structure, facility or device at and below the land surface from
through which groundwater flows or is pumped from subsurface, water-bearing formatio
Wellfield. An area containing one or more wells contributing water to a public
water system as defined by applicable environmental regulation.
SECTION 3 - CUSTOMER SERVICE
APPLICATION
Written and signed applications for service are required a~-to recei~ e utility service ii-om th
District. Utility- sert-ice will be famished upon acceptance by the District of a ~1Ztten application fc
utiliri sel~~ice. as evidenced by written acknowledgement by the District. Submittal of an applicatio.
for service by a Customer represents the Customer's agreement that it is bound by the provisions c
the UPAP, and each Customer acknowledges and agrees that the UPAP applies to each Customer as
condition to Customers initially receiving and continuing to receive utility service from nth
District to the contra-.
Applications for utility service submitted by entities (firms, corporations, partnerships, associatio ,
companies and others) (collectively, "Principals"), shall be tendered only by duly authorize
representatives of the Principals (``Agents"). Submittal of an application for service by an Agent sh 1
District Utilin~ Szrvice Policy ~~ Pa~,z 11
October 23, 2012
constitute full and complete consent by the Principal that the Principal is bound by the provisions of
the UPAP, and acknowledges and agrees that the UPAP applies to the Principal as a condition to the
Principal initially receiving and continuing to receive utility service from s.~-C~the District.
Extensions of utility service to a property shall be governed by the r r*'~'+~ e°n,;,,o policytip_~,p,
No oral or written communications by the District shall vary, alter, supercede or negate the
provisions or application of the UPAP. as amended ti-om time to time. In the event of a conflict
between an oral or written communication by ~~the District and the provisions of the UPAP, the
provisions of the UPAP shall prevail. ,~nendinents to the LTI' AP shall ap!al~ to all C ustomers. and no
Customer shall h~~-e a ~-e~ted right in any pro~-i~ion of a t~rior version of the L~PAP.
MANDATORY UTILITY SERVICE/SERVICE INITIATION -NEW CUSTOMER
1. Mandatory Connection:
+ ~' ~ a ~ ,~a.,~;°~ shall be re uired to obtain Potable
All properties within the ~UDistrict q
w\\'ater, wVv'astewater and rReclaimed w\~'ater service from ~Lrthe District or other L`tilit< as
improved by the District Board. e rr+•~'+~ r-, °~+~^r~ ~°~ ~?~*~^ ~No L~tilit<~ ma~~ consn-uct utilii~-
facilities ~yithin the District ~a-ithout the prior apUroyal of the District Board.
2. Existing Installation:
Pe-rsensApplicant requesting pPotable w\'~-ater service, rReclaimed w\~~ater service, and/or
w\\%astewater service to a property previously having the service should proceed as follows_
a. Complete an application. required prior to receiving service.
b. Contact ~Uthe District's Customer Service representatives at least three ~ i business days
prior to the date the service is required and provide any necessary information, including a
mailing address if different from the service address. Except for + ~~'~^ ~"° tenants
of a propert~° ~~~ho establish a Customer relationslvp ~yith the District, a Customer is
responsible for any outstanding fees associated with any prevtous Customer for the same
service address. A current or previous Customer owing any outstanding €eesamounts to the
District and attempting to open a new Customer account with ~L~the District shall pay
the ~~-d~,i~or outstanding amotults in full bztore the District ~~ ill prop ide utility ser~~ice
to the new service initiation.
c. Pay the Customer Deposit and Account Sei-~ ice Fee, with initiation of service. (See Chapter
1, Section 4 for deposit information.)
3. New Installations:
~~.4pplicants desiring the provision of pPotable wG~"ater service, rReclaimed w~,t-ater service,
and/or w\\'astewater service to a property not previously b recei~ inU the utility service (or in
cases where the utility- service was previously permanently disconnected) should proceed as follows:
a. Ascertain from ~~the District that there is pPotable w`~•ater service, rReclaimed
w\~'ater service and/or w\'astewater service available within a reasonable distance to their
property.
District Utilin~ Service Police ~' Pa<rz 12
October 23, 2012
b. Apply in person to the Distract for pPotable w~~'ater, rReclaimed w~~- ater andlo
w~~'astewater service, and pay applicable Adtnu~sstrative Fee. ~~07 T +^"^+'^^~Iete
Fees, Connection Fees_ aid-Guaranteed Revenue Fees and other required fees, charges. .a.
applicable submit a set of plans and proposed unlit` demand: siUn a Developmen
Agreement with the District. When ~~ Anphc~.nt wishes to have a smgle maste
meter to serve multiple dwelling units or buildings located on multiple parcels, a Unity o
Title document must be properly executed and recorded against the property prior t.
receiving service from ~L~the District.
c. Meter(s) and
- ' - + +~ n * ~~ Service Lines will be installed b
a pointt s 1 determined by ~C~the District.
d. In the case ef~~~here a -meter needs to be installed, installation will generally occt
within ~ti~ee (~l business days efrom the time of application. Depending upo
construction or permitting requirements, other installations may take four (=~) weeks c
longer from time of application. .
e. The Customer is responsible to obtain a Countti Buildin« Division peri111t. connect h
plumbing to the Point of Service at his cost and to disconnect l~sanv well from his potab:
water system with an air yap bettiveen the t~vo ~ ~'1 ~s~-sums (well may be retained fc
irrigation purposes as long as there is no physical connection to ~~3the District's potab
water system). er ~T T '+ *~ a' ~ +" ~ + ° ~~
po~hr ~"~;nes: The District must receive a copy of the Count`- Buildinc Dlvisii
clearance prior to aUprovin~ Potable Water service.--A copy of the Cotmt< Butldtt
De~ivision permit to abandon Mean on-site ~:~~'astewater disposal system must 1
provided to the District prior to service initiation.
£ The Customer is responsible for connecting his irrigation system and back flow preventic
device to s,,L-~>~the District's rReclaimed w ~`'ater service connection at the Point of Servi
at his cost and to disconnect his current irrigation source. ~C~The District approval of t
installation is required prior to commencement of rReclaimed wWater service.
WITHHOLDING OF SERVICE
Except as may be otherwise provided by law, ~~the District may withhold or discontinue ally
all Utility sServices until all past-due amounts for any Utility Sei-~-ice which are owed and unpaid
the District have been paid in full. In the event District discovers private facilit
adversely affecting ~~the District facilities, cross-com7ections. or tulauthorized re-distribution
utilitz- sel~~ice. utilit< service may also be withheld until such situation is corrected. ~~-~
--
:~ ~o-~
SERVICE REACTIVATION
Reactivation of service to a Customer will ~Tenerall~ be completed within three business day er
request and satisfaction of all past-due amounts which are owing and unpaid to ~C~3the Dist ~ct
from the Customer at i-1=Mall service addresses of the-~t Customer and payment of an Acco t
D~Seitiice Fee. The District will ahem t. but does not vuarantee. to turn-on a Custom is
Pa<~e 13
District IItility Service Police-
October 23, 2012
.. ater if full past due pa. meat is recei. ed 1,• ? Um on a business da.. ~ '~ *' *' "^~"~'°
. Customer Service representatives perform scheduled turn-ons until ~ ! :8 0
p.m. each business day.
BASE FACILITY FEE COMMODITY FEE AND CUSTOMER ACCOUNT FEE FOR
SERVICE
Upon Service Activation, the Customer will be billed and is obligated to pay minimum monthly fees
for service availability, whether or not consumption has occurred. The minimum monthly fees. use
identified as a Base Facility Char~~e€ees and Customer Account fees. ~ b
b b Once Utility Seiti-iee to a eese~ eirt~ is
initiated. the minimurrl monthly fees will continue to accrue aR~ in~t the propert<- not`vithstandin;?
intermittent set-. ice ternination(sl of Customer(s) on the pro~ei-t~~. The Customer will also be billed
and is obligated to pay monthly Commodity fees or Constunntion Chal-«es for the amount of utility
service consumed.
TAX CLAUSE
Rates and charges may be increased or a surcharge added in the amount of the applicable
proportionate part of any taxes and assessments imposed by any governmental authority in excess
of those in effect after the approval of this rule which are assessed on a basis of meters. or
customers. or . plume of unlit. service. or the price of or revenues from water and/or wastewater
service sold or any other reason.
LIMITATION OF USE
Utility service purchased from ~L-C~the District shall be used by the Customer only, and the
Customer shall not sell or otherwise dispose of or re-distribute such service supplied by ~I,C~the
District. In no case shall Customer, except with the written consent of ~I~the District, extend his
connection across a street, alley, lane, court, property line, avenue or other way, in order to furnish
utilities service for adjacent property, even if such adjacent property is owned by him (in these cases,
a properly executed and recorded Unity of Title will be required).
A Customer receiving pPotable w«'ater service from SLC~t11e District:
• shall restrict the use of a private well to irrigation only
• shall not interconnect or cross-connect the pPotable w~~ater plumbing system with any other
water supply system
b
,~
b
+ ~
b ~
In case of such unauthorized extension, re-metering, re-distribution. sale or disposition of service or.
intercom~ection or cross-comlection-„ said Customer's service is subject to immediate discontinuance
P~~> 14
District Utilin~ Sereice Police
October 23, 2012
until said service is properly authorized by ~~3the District and full payment is made for pri
service calculated using the proper classification and rate schedules.
CONTINUITY OF SERVICE/NO D.4~L-AGES
~C~3The District shall not be liable to the Customer for damages, whether direct, indirect=
consequential, or special. for failure or interruption of continuous pPotable w~~~ater, rReclairr
w~~- ater and/or wV4~astewater service. ~-1/C~3The District shall further not be liable for damag
whether direct, indirect, e~consequential, or special. for any act or omission caused directly
indirectly by District's ne~li«ence. acts. or onussions. labor troubles, accidents, litigati
breakdowns, shutdowns, repairs, adjustments, acts of sabotage, wars, Federal, State, Municipal
other Governmental legislation, regulation or other interference, acts of God or e~e~causes beyc
its control.
CHANGE OF CUSTOMER'S INSTALLATION
Changes to the Customer's service installation will be made when deemed necessary by ~UDist;
er rT T~~ °~.~°rse, If requested by the Customer, or if a Customer's service installation needs to
moved due to Customer's construction (i.e., driveway), or if a Customer's sen~ice usage illcrea~
said changes will be at Customer's sole cost and expense.
If the change is requested to replace an inadequate or oversized meter or service line, ~UrD
will have such proper sizes installed. Costs for such installation will be borne by the Customer.
INDEMNIFICATION
Under certain circumstances, field conditions may require the Customer to place facilities, structur s,
landscaping and/or other encroachments over, upon or across utility easements, rights-of--way or o r
access facilities or to seek a modification from ~C~3the District's standard easement requiremen s.
In consideration of a Customer's encroachment existing or continuing within a utility easement and o
induce ~C~the District to allow such encroachment or to modify standard easement requireme s,
the Customer shahagrees to indemnify and hold ~C~the District harmless from any and 1
damage, including but not limited to, total destruction of such encroachment that may result fr m
the District's use of any utility easement or right-of--way. Such indemnification shall
~ - + ~' 1-*;; ~^ *~°-not require additional doctunentation. but District ma~~ re wire Customer en er
in form approved by ~r r'T~~~~'' " '"" the Dist 'ct
into an Indemnity Agreement,
«hich will be recorded in the Public Records of the ~~e-County.
INSPECTION/ACCESS TO CUSTOMER'S PREMISES & INSTALLATIONS
1. All Customer's service installations or changes may be inspected by ~~the District, at
~Uthe District's sole option, upon completion of the work to insure that Customer's pip g
and equipment have been installed in accordance with accepted standard utility practi es.
Where other governmental inspection is required by local rules or codes, ~L~the Dist ~ct
cannot -~-'a ~^°render sei~~ice until such inspection has been made and a formal notic of
approval from the inspecting authority has been received by ~C~3the District.
2. The duly authorized agents of srL-EL~the District shall have access at all reasonable hours to e
premises of the Customer for the purpose of installing, maintaining, repairing and inspectin or
.., Pa<_=~ 15
Di~tii~t L~uhn Szr~ ice Polio
October 23, 2012
removing S-L-C~}the District's property, reading meters and other purposes incident to
performance under or termination of ~C~the District's agreement with the Customer, and in
such performance shall not be liable for trespass or other claims r~related to such access and
activities.
LIABILITIES
The Customer is responsible to properly protect tl~e District's facilities serving the Customer's
premises, and shall-«'ill permit no one but ~i~the District's personnel or agents, or person(s)
authorized by law, to have access to or tamyer ~~~ith these facilities. In the event of any loss, or
damage to property of ~C~District caused by carelessness, neglect, abuse or misuse on the part of
ddanra~e. a»d any
the Customer, the cost of making good such loss or repairing such b z -
charRes for utilit~ sei-~-ice so ulinacted. will be assessed to the Customer.
POTABLE WATER RECLAIMED WATER AND/OR WASTEWATER SERVICE
AVAILABILITY
Whenever pPotable w`~~ater, rReclaimed w`~%ater, and/or ~aWastewater service is available or
becomes available to a property, the property owner shall connect all available services to the
property if required by local, state or federal regulation.
1. Reclaimed Water System Requirements:
a. Property Owner Facilities. As provided in the UEP, then Property Owner shall«-ill install
and maintain an underground rReclaimed w~'ater irrigation system of low-trajectory spray
heads that is controlled by electrical timers and valves. The rReclaimed ~:~~'ater supply shall
not enter any building containing a dwelling unit, except in accordance with FDEP rules and
regulations. No above ground hose bibbs will be allowed on the rReclaimed ~a~~'ater system.
All rReclaimed w~~~ater hose bibbs must be installed in locked boxes located below grade and
must be colored and marked in accordance with FDEP rules and regulations.
b. Standards. The following standards shall be strictly adhered to in the design, construction
and operation of all rReclaimed w~~'ater systems: the UEP, the District's Constlllction
Standards. as amended fi-om time to time. Rule 62-610, Florida Administrative Code, as
amended from time to time, FDEP rules, regulations and policies, and Plumbing Code of the
Southern Standard Building Code Congress International, Inc., latest edition as amended from
time to time.
c. Public Notification and Signage. Adequate signs in compliance with FDEP rules and
regulations shall be posted throughout the rReclaimed w~`'ater irrigation system to inform the
public that nonpotable rReclaimed w`~-ater is being used for irrigation. These signs must be
routinely visible to residents and guests of the Property. A minimum of one sign per Property
or one sign per irrigated acre, whichever is greater, shall be posted. The signs, to be posted at
the entrances to imgated areas and at appropriate intervals, shall state, at a minimum,
``Reclaimed Water Irrigation Area", "Landscaping Irrigated with Reclaimed Water",
"Reclaimed Water - Do Not Drink" or similar text. Minimum height of lettering on the signs
shall be one inch. Lettering shall be purple on a contrasting background. For hose bibbs, the
Pa«z 16
District Utility Service Policy
October 23, 2012
sign shall be on the cover of the below grade box in letters at least 0.5 inch high or a par)
plastic bag containing the warning language in contrasting letters that are at least 0.25 inch hi
shall be permanently attached to the bibb inside the box. All piping, valve boxes, hose bi
boxes, and above ground fittings and valves shall be purple.
d. Cross Connection. Property Owners utilizing rReclaimed w~~ ater shall not directly
indirectly connect their rheclaimed ~v~~"ater system to thei-r pPotable ~aWater system.
e. Compliance. Failure to comply with the Reclaimed Water System Requirements and a 1
FDEP reclaimed water rules and regulations shall be grounds for Sl=,~the District t
discontinue wV4-ater, w"'astewater and rReclaimed ~ra~Uater service to the Property, until th
Property O~~ner comes into compliance. Property Owners that do not use the minimum volum
of rReclaimed ~uWater during a monthly billing cycle may be assessed ache minimum charge
~9~per thousand gallons for each thousand gallons of reclaimed water use below th
minimum. All Wastewater Customers shall be re aired to aceeUt back Reclaimed Water t
their propem- in amounts at least equal to ei~ht<- percent (SO`? o of the :.mount of Wastewat •
delivered to the District. rovided the District shall not be obligated to so rovide Reclaime
Water to the Customer.
RECORDING
By adoption of this Utility Service Policy, the District Board specifically authorizes the L tili
Director to record, and the Clerk of Courts, to accept for recording, all easements, rights, indemnitie
deeds, liens, deg elopment a~•eements, maintenance agreements, Unity of Title or permits grante
acquired, or authorized pursuant to the provisions of the UPAP.
RIGHTS-OF-WAY OR EASEMENTS
As a condition to the provision of utility service to a Customer, by acc~tance of utility service ti-o1
the District. the Customer sl~lh~ill be deemed to have granted to ~C~the District all right
easements, licenses or permits to enter onto Customer's property, and to construct, repair, maintain
replace, remove, reconstruct, enlarge and place utility facilities on, under, through, and ova
Customer's property for the purpose of providing utility service to Customer's property or for tY
purpose of enhancing the provision of utility services to all eCustomers (collectively, "Easeme~
Rights"), which Easement Rights may be exercised by Sl/Ci~the District without further gray.
approval or consent of the Customer. The Easement Rights shall be binding on the Customer and i
successors and assigns and shall n:n «~ith the land. Notwithstanding the existence of such Easeme~
Rights, in addition at ~1~3the District's request, the Customer shall grant or cause to be granted
~~District and without cost to ~Uthe District, any recordable rights or easements or permi
,,,~,:,.~, ~eT r~r rto the District to further evidence ~C~3the District's Easement Rights. Failure to gra
or obtain required recordable easements shall be grounds for discontinuance of service by ~~tl
District until such required easements are provided to s._,1.-C~the District.
WASTEWATER BACKUP
Most w`~~astewater backups are caused by plugging of the lines on the Customer's wiz,
the point of connection by deleterious objects such as tree roots which have grown into the
Disu-ict Utility Service Policy '- Pa<_=z 17
October 23, 2012
~eCustomer's facilities. -Mother conuz~on c~~use of o~~ertlo«~s is ~~~aste~~~ater pines blocl`_ed b~
~~..a~.. Grease «et~ ilito the w~~~ aste~t-titer from household drains as well as from poorly- manZtatned
Rrease traps in restaurants and other businesses. The following procedures wtll apply to ~~ aste~~titer
backups:
1. If contacted b~' thea eCustomer. the District will respond and investigate the cause of the
backup, clearing the ~L~Dist-~-ict's w«'astewater Service ILine obstructions, if any, up to the
Point of Service.
2. If District's w`~'astewater Set~-ice 1L_ine is clear, ~,~the District will so advise the
Customer, and the Customer will be responsible for any work required on the Customer's side of
the Point of Service. Customer «-ill be char gyred the apUronriate set~~ice fees.
The sCustomer will be responsible for all plumbing costs associated with this work if the~• hired a
lumber before contacting the District and,'or if the blockage is found to be on the eCustomer's
side of the point of ser<•ice.
1. The District shall not be res onsible for tiny dama?es relating? to or resulting from a ~~'aste«-titer
backuu. Customers are urged to check theiz ~ropetri~ insurance to asstue covera«e for ti~'astewater
backup datna~7es.
UNAUTHORIZED CONNECTION (TAMPERING)
Unauthorized or fraudulent use of. connection to. or tam erini7 with District facilities is a violation of
State Law and this USP and violators will be prosecuted Connection to Districts facilities ~~ithout
s ecific a~~uroval in «,z-itin~a. receiving service without legal avment for stul~e and otherwise
circumventing specifications herein for ~'rn~ision of service are prohibited.
Florida Statues, Section 812.14, which may be amended from time to time. states:
812.14 Trespass and larceny with relation to utility figtures.-
(1) As used in this section, "utility" includes any person, firm, corporation, association,
or political subdivision, whether private, municipal, county, or cooperative, which is
engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil,
sewer service, telephone service, telegraph service, radio service, or telecommunication
service.
(2) It is unlawful to:
(a) Willfully alter, tamper with, injure, or knowingly suffer to be injured any meter,
meter seal, pipe, conduit, wire, line, cable, transformer, amplifier, or other apparatus or
device belonging to a utility line service in such a manner as to cause loss or damage or to
prevent any meter installed for registering electricity, gas, or water from registering the
quantity which otherwise would pass through the same; to alter the index or break the seal
of any such meter; in any way to hinder or interfere with the proper action or just
registration of any such meter or device; or knowingly to use, waste, or suffer the waste,
by any means, of electricity or gas or water passing through any such meter, wire, pipe, or
Disu-ict Utility Service Police Pace 18
October 23, 2012
fitting, or other appliance or appurtenance connected with or belonging to any such
utility, after such meter, wire, pipe or fitting, or other appliance or appurtenance has been
tampered with, injured, or altered.
(b) Make or cause to be made any connection with any wire, main, service pipe or other
pipes, appliance, or appurtenance in such manner as to use, without the consent of the
utility, any service or any electricity, gas, or water, or to cause to be supplied any service
or electricity, gas, or water from a utility to any person, firm, or corporation or any lamp,
burner, orifice, faucet, or other outlet whatsoever, without such service being reported for
payment or such electricity, gas, or water passing through a meter provided by the utility
and used for measuring and registering the quantity of electricity, gas, or water passing
through the same.
(c) Use or receive the direct benefit from the use of a utility knowing, or under such
circumstances as would induce a reasonable person to believe, that such direct benefits
have resulted from any tampering with, altering of, or injury to any connection, wire,
conductor, meter, pipe, conduit, line, cable, transformer, amplifier, or other apparatus or
device owned, operated, or controlled by such utility, for the purpose of avoiding
payment.
(3) The presence on property in the actual possession of a person of any device or
alteration that affects the diversion or use of the services of a utility so as to avoid the
registration of such use by or on a meter installed by the utility or so as to otherwise avoid
the reporting of use of such service for payment is prima facie evidence of the violation of
this section by such person; however, this presumption does not apply unless:
(a) The presence of such a device or alteration can be attributed only to a deliberate act
in furtherance of an intent to avoid payment for utility services;
(b) The person charged has received the direct benefit of the reduction of the cost of
such utility services; and
(c) The customer or recipient of the utility services has received the direct benefit of
such utility service for at least one full billing cycle.
(4) Any person who willfully violates this section shall be guilty of a misdemeanor of
the first degree, punishable as provided in s.775.082 or s.775.083.
(5) Whoever is found in a civil action to have violated the provisions hereof shall be
liable to the utility involved in an amount equal to 3 times the amount of services
unlawfully obtained or $1,000, whichever is greater.
District t'tilin Seri ice Polio- Pa<ze 19
October 23, 2012
(6) Nothing in this act shall be construed to apply to licensed and certified electrical
contractors while performing usual and ordinary service in accordance with recognized
standards.
As set forth above, ~C~3the District will prosecute violations of Section 812.14, Florida
etStatutes. as amended from time to time; will bring civil action to enforce violations of
Section 812.14. Florida Statues. In addition, the violation of Section 812.14, Florida Statutes, shall
be considered a breach of the customer's service agreement with ~C~3the District, and will subject
violators to breach of contract enforcement actions by ~L~the District. Any violations of Section
812.14, Florida Statutes, is subject to immediate discontinuance of service without notice, and service
will not be restored until all fees and charges for repair to ~C~}the District's facilities and for utility
service unlawfully appropriated, including base charges and commodity or consumption charges,
have been paid in full and proper connection is accomplished and charges for same paid in full. Such
violation shall further subject the Customer to all delinquent account procedures. ~~The District
shall estimate the amount of utility service that has been unlawfully appropriated, which estimate
shall be fmal and binding on the Customer. Administrative fees will also be assessed to the violator
for the costs incurred by ~~3the District in discovering, remedying and enforcing a violation,
including, but not limited to, attorneys' fees, paraprofessional fees, expert fees and costs, through all
levels of appeal.
SECTION 4 - BILLING
GENERAL
Account Deposit Policy
Each new residential and non-residential Customer, unless specifically exempted as provided for
herein below, shall be required to place on deposit with District an initial Account Deposit.
The Account Deposit is intended as security for payment of any bill and is refundable to the
Customer, less fmal fees, as stated herein. The Account Deposit will be ~i~le~paid upon Service
^~=~=anon.-~t~Ulication.
Payment of a Deposit does not prevent District from discontinuing service for non-payment
of a past due balance even though the Account dDeposit would cover the indebtedness. The
District ~~ i11 not be required to drati~- do«~i an ~lccotult Deposit as a condition to brilhinr an
action to recover ast due balances from a Customer. but the District may dra«~ do~~1~ an Account
Deposit durinu an~~ action to recover past due balances tiom a Customer.
2. Residential Deposit Requirement:
An Account Deposit shall be required for each dwelling unit. Multi-family units utilizing a
master meter shall pay the account deposit fora 5/8" x 3/4" meter times the number of dwelling
units. Single residential Customers utilizing anover-size meter shall be required to place an
Account Deposit based upon meter size.
b ~
, 7
7
Disu-ict Utitit,~ Seri ice Policy Pa«z 20
October 23, 2012
~~
3. Non-residential Deposit Requirement:
The amount of the Account Deposit shall be based upon meter size as ro ~- ided in the Rar Tarn
~. Existing Account Deposits:
In the event of an increase in the Account Deposit requirements, existing Customers shall not
required to increase their account deposit unless the account has been fmaled and the acco t
deposit used, in part or in full, for the satisfaction of outstanding amounts due.
Additional Deposits:
The District can im ose a new account De osit from an e~istin~ customer if that custom r
establishes bad credit ~~ith their utility account. or their accotuzt avment histoi~~ reflects an issu e
«ith their utility- account.
6~. Exceptions:
Agencies of the federal, state or local government are exempt from account dDeposi
.
Charitable and quasi-governmental agencies are required to have an aAccount Deposit.
.,^
'
6.
7. Deposit Refund:
er~~The District ma~•, at the end of twenty-four (24) months of good account history,
d
at the request of a Customer, credit the Account Deposit to the respective account or issue a
f
irst.
refund check ~yhen the account is deactivated. ~~ hieheyer comes
Good account history is defined as:
a. Not more than one (1) past due notice in any twenT<--four f 24) month period.
b. No involuntary discontinuance of service in any twenty -four (241 month period.
c. No uncollectible items in any t~j~ent<--four (24~ month period.
8. Account Deposit Transfer:
An Account Deposit will not be transferred for the same Customer to a new service address ut
will be applied to the final bill, and a refund check issued for the balance of the deposit. In e
event a Customer, for at least t~yenTti--four (?-!-1 months. with good account history, as de d
above, moves from one service location to another within ~C~the District's service azea, a n w
Customer Deposit will not be required.
_ Pa~zz;
Tl;: n-;rr T irilih; C~rvir? Pnli~\' 21
October 23, 2012
--------- -- -------- -r -.._ r .,
b
° +~ +~° n n~~r ~
°c.c
9. Transfer of Service:
Utility Service may be transferred from one Customer to another upon ~t-ritten request e~~:nd
au~roval by both partizs._~ the outgoing antler new Customer. In the absence of a request for
transfer of service, the water service will be locked off on the date requested by the outgoing
Customer. Base Facility Fees and Customer Account Fees will continue to accrue and are the
responsibility of and be billed to the Property Owner. An Account n °^^~Ser~-ice Fee will
be billed when said service is reactivated °r~' *'~° .r°+°r ~~' ,,,,'„^'~°~'.
~C~3The District reserves the right to obtain owner information from either the Property
Appraiser's file or other reliable sources for the purpose of complying with the billing
requirements of Tester-1; SeEtie~, T~ ~' ^:':*~, ~'°°" ~ ~Se.~~'ice .n ,_^;'^i,:'; ,rthe USP. The
date of account transfer will be the date ~L~i3the District confirms ownership pursuant to the
provisions of this paragraph.
10. Rental Prone
°+ ~° ~ ~~~~° ~ - ~'~~~-+°-r°r ~,;ii;rR^ ~~ *'~°~r renters. As a condition for ~-L-C~3the District to
°° *^ rr^~-~~° ~~+~~~*~~ ~~~~~^° tventer into a direct Customer relationshit~ with renters of rental
^b
properties, rental property Property Owners agree and acknowledge that the Property Owners
shall be responsible for all Customer billings €eraccruin~ durinU the period of time between when
one renter vacates the rental property and another renter applies for utility service at the rental
property. and may not charge such accrued amounts to a renter. Property Owners shall be
responsible for immediately notifying ~Uthe District and certifying the date when a renter
vacates a rental property or all past due charges become the Pro~em~ Oi~ners responsibilit<~ .
Pursuant to the provisions of law, District shall not refuse services, or discontinue potable
water, reclaimed water or wastewater services to the owner of any rental unit for non-payment of
service fees incurred by a former renter of the rental unit wheif the foni~er renter was a direct
Customer of District, and any unpaid service charges incurred by such former
ae~ttpantrenter shall not be the basis for any lien against the rental property. Notl~zR in the
L~PAP shall re~~uire the District to enter into direct Customer relationships with renters. The
District may require a rental propeih Propem~ O~yner to be the District's customer. ili ~4~luch
event the Property 0~~~1er shall be rest~onsible for all unpaid District invoices accllied dtu-in~ t17e
tenancy of a renter which shall be a lien against the rental propei-R~.
The District reduires at least a sip (6) month lease u1 order to put the Litilitti- sei-~-ice in the renter's
name othei-wi~e the L'tilin~ ~ccotmt will be in the Properri~ 0~-~~ner•s name and the ;Monthly bills
~~~ill be the responsibility ofthe Pro~~ert`~ 0~~~~ner.
District Utility Ser~~ice Police Pa~ae 22
October 23, 2012
Properties that ~~~ill be ~~~~aste~~ater o1~1~~ customers of the Disil-ict ~t~ill ha~~e the Utility Account i 1
the Pro erTti- O~~t~ner's name and the monthh~ bills will be the res onsibilit<- of the Proi,e
O~z ner.
11. Mobile Homes:
Where service is being provided to a leased lot in a mobile home park, the District shall re uir
the proUertti owner of the mobile home i`sto be the District's Customer a~tld be responsible for th
monthly billing, including *'~° ~'^~*^m°'- ^^^^~~^*all -Fees and'~~~° ~'^^~'~*~~ ~'°°°~'char~7es if n t
served by a master meter.
BILLING CYCLE
A billing cycle shall consist of approximately one month dependent upon weather, holidays, access t
meters, work force availability, etc. All meters will be read on a ~monthiv basis with billin
performed on a monthly basis.
A utility bill will be mailed to the Customer approximately every month. The District mu
receive payment by the bill due date to insure proper credit to the account prior to the next bill. No
payment prior to the beginning of the next billing period shall result in the unpaid amount bein
carried forward as apast-due balance. Bills will be rendered monthly and shall be considered
received by the Customer when mailed to their service or mailing address, as requested by th
Customer. Non-receipt of bills by the Customer does not release nor diminish the obligation of th
Customer with respect to payment thereof. Transactions received after -~45--1:30 p.m. are considere
as having been received the next business day.
An estimation of a Customer's monthly- bill may- occur from time to time. such as with. or due to
disaster or technical issues. True a with a Customer's account will occur ~~-hen actual met
readin~'nsa~?e is obtained.
All accounts shall be billed a Customer Account Chai-~e and Base Facility Fees on a monthly basi ,
irrespective of actual usage, to compensate ~~the District for the fixed and non-variable costs
operating the Utility and maintaining readiness to serve the Customer.
DELINQUENT ACCOUNTS
A Customer who has not paid ad r•iot-ny month's bill and whose subsequent month's bill shows a pas
due balance is considered delinquent and will incur past-due fees. The District ma
administratively waive one past-due fee during any twelve-month period for any one Custom
Account. A past-due balance consists of the previous bill balance less credit adjustments an
payments. Payment of the past-due balance must be received at the District's office within to
(10) ~s-days of the ^~~^-°~* ^+^+°^,°^+ date shown on the Customer's Utility Late Notice~ll
service will be terminated. Restoration of service to a Customer following service termination ma
be completed within three business days after satisfaction of the past-due balance, including late fee ,
which is owing and unpaid to the District at that service address by that Customer.
Account v °^^aonSer~ ice Fee will be applied to the Customer's next bill.
Disu•ict Utilin~ Ser~~ice Po1ic~~ P~sz 2
n,..,,~,°r ~ : ~n i ~
~3The District may also resteredela~~ shut-off of service on a "Promise to Pay" basis up to two %' ~
times in any twelve month period on a case b~, case basis. such as «~ith a verified leak. If the
Customer fails to deliver funds on a "Promise to Pay" within five (~ 1 business days, said service will
be discontinued and the Customer will not be eligible for an additional "Promise to Pay" for n~~znt~_
(24) months.
If not paid within an additional five (5) days, the account may be closed using any account deposit, if
available, for full or partial payment. Any subsequent service to the same service address will be
considered a new account and all appropriate fees will apply. The District will pursue any
reasonable and necessary credit and collection procedures as a result of the Customer's non-payment
of the account balance, including utilization of Credit Bureau services and credit and collection
agencies.
Should wti`'astewater only service need to be terminated due to the Customer's non-payment,
~~the District will endeavor to advise the Customer in writing at least ten (10) days in advance of
such proposed service termination. ~C~The District shall, after the expiration of such ten (10) day
period, make such termination on ~~3the District's side of the Point of Service. Reconnection to
the system will be at Customer's expense for all costs incurred ("At Cost" basis). This section is in
addition to all rights of termination provided to ~L4the District under applicable law.
~I~The District will diligently enforce and collect all fees and will utilize reasonable collection
practices. In hardship cases, ~~the District may provide a Customer with a payment plan (limited
to one plan every n~ elve (12) months) which allows the Customer to pay his delinquent account
balance evenly over the next three months on an interest free basis. in addition to Customers current
ch~u-~7es. The customer will sign a Pannent Ai7•an~ement Contract. In cases where the Customer fails
to abide by the terms of said payment plan, the Customer's utility service shall be immediately
discontinued until all delinquent amounts are paid in full. The Customer shall also not be eligible for
additional payment plans for a m-enty-four (24) -month period.
DISHONORED CHECKS
The District's receipt of a check or bank draft is considered to be a conditional payment until it is
honored by the drawer's bank. If a check or bank draft fails to clear the drawer's bank for any
reason, it is considered anon-payment as of the date of receipt of the checl: or bank draft. Payment
of delinquent accounts by a check or bank draft failing to clear will result in immediate
discontinuance of service without notice to the Customer. When ~I3the District receives notice
of a dishonored check or bank draft, the transaction will be reversed and a returned
check €ee:fee will be applied to the Customer's account. If a
Customer .pays «ithl~_more than one dishonored check or bank draft in any previous twenty-four
(24) month period, the Customer will be required to make subsequent payments in cash, money
order, b~credit card, or certified funds for a period not less than twenty-four (24) months at
which time check privileges will be reinstated.
PARTIAL PAYMENTS
Pa<<=z 24
District Utility Service Police
October 23, 2012
~ +~ ~x~~+e- ~~.~,;~~ When payment has not been received in full, service may be refused and/
N ..-~~ .,..- - ---
terminated. Service will not be reactivated on the basis of partial payment when service has bee
terminated unless na~-ment arrangements have been made with ~i~District in advance.
TERMINATION LIABILITY
There shall be no liability of any kind against ~C~the District for service termination due to t]
Customer's failure to pay any bill in full and on time.
ADMINISTRATIVE HEARINGS
1. Administrative Hearing Board '`f ~B"). The AHB has the power to hear and revie
disputes relating to the correctness of utility bills, the imposition of utility fees, and challenges
termination of service.
2. Composition. The AHB shall be composed of three (3) members to be appointed
~Uthe District, one of whom shall be designated as Chair of the AHB. The Director m
designate or appoint a ~~District staff member to serve as an alternate member of the AH
The alternate member shall vote only in the absence of a regular member.
3. Standard of Review. The Customer/applicant shall have the burden of providi
evidence that he or she is entitled to relief. The AHB shall have no authority to alter or waive ~
utility fees approved by ~C~~the District.
4. Procedure to Request Hearings.
a. A Customer/applicant may request a hearing before the AHB by submitting a request
hearing on a form provided by ~sthe District within five (5) business days of ternunati
of service or within six (6) months of the due date of the contested bill. The request
hearing shall be accompanied by the appropriate Administrative Hearing Fee.
b. Upon receipt of the request for hearing, ~~tl~e District shall set a time, date, d
place for the hearing. ~C~The District will schedule the hearings during the no al
Business Hours of ~~3the District. ~i~The District shall provide t e
Customer/applicant written notice of the time, date and place of the hearing by certifi d
mail, return receipt requested, no later than ten (10) days prior to the date of the heart g.
Failure of the Customer/applicant to appear at a duly noticed hearing shall be deeme a
waiver of the right to a hearing and the case shall be dismissed by the AHB. In the ev nt
the Customer/applicant is unable to attend the hearing in person, the Customer/applic t
may: A) Request that his case be heard by telephone; or B) Submit a written statement in e
form of an affidavit and provide documentary evidence prior to the hearing which shall be
submitted into evidence by S~I3District staff at the hearing and shall be considered by he
AHB in reaching its decision. The Customer/applicant shall also be entitled to one 1)
District Utilih~ Ser~~ice Policy Pa<<=a 25
October 23, 2012
hearing postponement if the Customer/applicant submits a request for postponement in
writing to s,,~~}the Disn-ict a minimum of forty eight (48) hours prior to the hearing.
5. Conduct of Hearings
a. Order of Hearings.
1. ~~The District may schedule multiple cases to be heard by the AHB on
the same day.
2. All persons who will be giving testimony at the hearing, including the
Customer/applicant and ~-[District staff, shall be sworn in by a Notary
Public.
3. The Chair of the AHB may introduce the AHB members and provide a brief
background of the hearing process at the beginning of the meeting.
4. The Customer/applicant shall present his case, which may include
submission of evidence and testimony of witnesses.
5, ~~District staff shall present the District's case.
6. Cross-examination of witnesses.
7. Discussion/question and answer period.
8. Deliberation and formal determination.
b. Record of Proceedings. Hearings shall be tape recorded by ~~the District.
All evidence admitted at the hearing and the written decision of the AHB shall be
maintained by thz District in a separate file constituting the record of the case.
c. Rules of Evidence. The formal rules of evidence do not apply, but fundamental
due process shall be observed. The Chair of the AHB may exclude testimony or
evidence that he or she finds to be irrelevant, immaterial, or unduly repetitious, but
all other evidence of a type commonly relied upon by reasonably prudent persons in
the conduct of their affairs shall be admissible, whether or not such evidence would
be admissible in trial in the courts of Florida.
d. Cross-examination. The AHB may inquire of or question any witness present at
the hearing. The Customer/applicant and ~C~3District staff shall also be permitted
to inquire of or question any witness present at the hearing.
Ya'e lb
District litilir, Ser~~ice Polio-
October 23, 2012
e. Decision of the AHB. The AHB shall orally render its decision based on t
testimony and evidence presented at the hearing at the conclusion of the hearir
The Board's objective is to resolve each dispute by rendering a decision which
just and equitable to both the Customer/applicant and ~~ihe District. ~
~-. ~ -~• ~ ~, n e.+~~-,o ;a~ b,,, In addition,
inability or unwillingness to pay as a consequence of permanent or tempor~
fmancial hardship of the Customer/applicant shall not be considered grounds for ~
reduction of a utility bill or fee; however, the AHB may establish a payment pl
which provides for required payments on an interest free basis for a period up
t-reur,t« el~~e (1 ? 1 months in addition to Custor;7er~ s cun~ei7t charges. 1
written decision of the AHB shall be mailed to the Customer/applicant within thi
(30) calendar days of the hearing.
f. Final Action. The decision of the AHB shall constitute the final decision f
~~3the District. There shall be no ri<Tht of appeal to the County.
6. Open Deliberations. Hearings before the AHB are public meetings and shall be op
to the public at all times. The AHB shall conduct its deliberations and vote on all matters before t
at the public meeting.
7. Ex Parte Communications. An ex parye communication is any written or or 1
communication with an AHB member other than one made on the record at the time of the hearin .
AHB members should not engage in ex pane communications regarding any issue which may e
heard by the AHB. If a written communication is received by an AHB member concerning
application or a pending case, the communication shall be disclosed and made part of the reco d
prior to the fmal action on the matter.
8. Appeal. Any aggrieved party may appeal a decision of the AHB within thirty (30) da s
of the execution of the written order/decision of the AHB by filing a petition for Writ of Certior
in the Circuit Court.
ADJUSTMENT OF BILL FOR METER ERROR
A Customer may request a meter E~e~test subject to applicable fees. In meter tests made y
~~the District, the accuracy of the meter and its performance in service shall be judged by is
average error rate. The average meter error shall be considered to be the average of the errors at e
test rate flows in accordance with the American Waterworks Association (AWWA) standards.
Fast Meter - Whenever a meter tested is found to register fast in excess of the tolerance provided in
the AWWA standards, ~C~t11e District shall credit the Customer's account in the amount billed in
error for the period since the last test; said period not to exceed ~i~th~ree (~) months except tha if
it can be shown that error was due to some cause, the date of which can be fixed. The over ch e
District Utilit~~ Servicz Po1ic~ Pay~z 27
October 23, 2012
shall be computed back to but not beyond such date. The credit shall be based on the customer s
a~-era«e consumption o~-er t«eh~e (1_?1 months ~u~d exclusive of any minimum fee.
Slow meter - Whenever a meter tested is found to register slow in excess of the tolerance provided in
the AWWA standards, the ~zDistrict will net-back bill the Customer for the lost revenues~s
. The bath bill shall be based on
• a ~,,.,,., In
the custoi~ier ~ ~~era~Je cot~~umntion o~~er the prior t~~~el~~e (l~) months
the e~~ ent of tam ~erin~~ ~~-ith a meter. the District may- back bill based on the cu~tomei ~ a~ e~ a~7e
co~~sumption before the t~mverih~~ for the period of the tam erp I11~.
Non-Registering Meter - In the event of anon-registering meter, the Customer n~a3~~~~i11 be billed on
an estimated basis on the Customer's a~~era~e consumbtion or similar custome7•' usage. In the case
of a ne~~~ customer ~~ith no usage lustoi~~. ~~the District will wait pipet`' 901 dates to Bret an
a~•era«e constmlption to use in back billinc. The District may- back bill the Customer for the t~eriod of
the non ^-~~~e~isterin~?.
ACCOUNT ADJUSTMENT FOR BILLING ERROR
~L-The District will provide Customer account adjustments for the services which were billed but
were not provided to the Customer. Customers will be obli~~ated to submit such billilh discreUanc~-
in «~'itin6 «~ith sitity 60l da~-s of recei t of a dis uted in~~oice. or such dispute is ~vai~~ed by the
Customer. Said account adjustments will not exceed e-si~tt- _(~60) ~da~-s and will be
further limited to the current Customer's account.
~~3The District will also provide Customer account adjustments for services which were provided
but were not billed to the Customer. Said account adjustments will be based on ~-Section 9~.1 1.
a ~ ~ ~~ ~~ m^~tl~--Pxcept where
Florida Statutes. as may- be amended from time to time .... ... __ . _ , ,
~L-C~the District determines that the account adjustment was jointly or solely caused by the
Customer. In instances where sL~~}the District fmds cause, said account adjustments will be made
from the date the services were first provided but not billed. In either event, the account adjustments
will be limited to the current Customer's account.
EXCESSIVE USAGE CREDIT
To avoid the expense of an administrative hearing regarding a timely disputed abnormally high
utility bill, an Excessive Usage Credit may be provided by ~~tl1z District at the Customer's
request for Customers meeting the following criteria:
1. The abnormally high usage for any one month where an actual meter reading is obtained
and is four ~l times the Customer's average monthly usage for the past twelve months; and
2. The total usage on the Customer's bill in question exceeds 10,000 gallons; and
3. The abnormally high usage is not the result of an apparent or deliberate act of the
Customer; and •.*~,• „ +,~roo
4. The excessive usage credit is limited to a one Mime consei-~~ anon credit
yeaed-on a specific account: and-
Pa«e 28
Disu-ict utility Seri ice Po1ic~~
October 23, 2012
5. Customers must t~rovide proof to the District of ~ahv the escessi~ e usa~~re occ~u~-ed: such a
a nlumrer• s invoice for ~ leah revair.
The Excessive Usage Credit for residential Customers is calculated by multiplying th
residential Customer's excessive consumption (consumption which exceeds the Customer'
twelve month average with a 10,000 gallon minimum) by the lo~~est tiered rate~?98 pe
thousand gallons. b
b
~ .:
• b
TEMPORARY DISCONNECT
A temporary d~sEe~ediscomzect `rill be honored if the Customer so requests, but sai
Customer will be billed and must pay on a monthly basis Customer Account Char~7e and Bas
Facility EeesChai-~Tes. In addition, an Account i~Ser~~ice F€ee will be assessed when fu 1
service is restored.
D~'DI~R A1~TL'1\rT iliC!•'l1NNL'('T
, ~
~
a
b ,,
b , b b
b
LIEN FOR SERVICES
~UThe District ''^'~' -~'`~zhas a lien on all lands and premises served or to be served y
~i~The District's utility system for all rates, fees, charges and costs attributable to service o
such lands and premises or arising out of a duty or liability imposed by the USP and UEP un it
paid. Such liens, when delinquent for more than 20 days, may be foreclosed by ~L~the Distr ct
in the manner provided by the laws of Florida for the foreclosure of mortgages on real prope ,
and as provided below.
LIEN FORECLOSURE PROCEDURE
As provided above, the District has a lien for all rates, fees and charges until paid. includi z~
c'r ~r rr,;~+,.;^* """ char«ed as the District's bulb utility- pro~~ider. «-loch lien is
se of FPLiA
th o-
..
o
eaual with the lien of ad valorem p~•o~ert~.=tapes. The Districts lien attaches to a Customer"s pro e t<~
Disu-ict utility Service Police Pa~~e 29
October 23, 2012
on the date of initiation ot~ utility szryices by the District. and all amoiults due the District related back
to the dare of atfiaclunlent of the lien -~11 e~i~ting and subsequent p~~ies in interest to Customer's
ro ei-t`- are on notice that the District has a cont~nuin~ lien for a~~ment of utiliri~ ser~~ices. The
District may. but is not obligated to. cause a Notice of Lien for all unpaid amounts and subsequent
accruing unpaid amounts, including but not limited to interest, attorneys_ fees and filing fees, to be
recorded against the parcel of property to which said utility service was provided or made available.
Not`yiihstanding ~~Nether the District has recorded a ClaLn of Lien. the District may foreclose its lien
against -~ Customer's prot~cl~~.
The ~~District hereby delegates the County attorney or his designee the authority to execute and
record a Claim of Lien for Utility Service, z~ecute related satisfactions, and releases of invalid or
r, .,.....i;~.~the
inappropriately filed liens in the Office of the Clerk of the Circuit Court for
County. Said Claim of Lien for Utility Service shall contain the current amount of the delinquent
fees or rates including monthly Base Facility Fees which continue to accrue in order to maintain
service availability to the property; the name of the property owner as indicated by the real property
assessment roll maintained by the Property Appraiser of each applicable County; and, a legal
description of the real property against which the lien is imposed. The lien shall,-,~~
constitute additional notice to all existing and subsequent parties-in-interest tl '' ~ --~ = r-
~eof the ctu-rent amount of utilities due the District under its continuing utility lien against the
Customer's propern-.
STATUS AND ENFORCEMENT OF LIENS
The utility- lien accruing against Customer's
ro em shall be considered to the same extent and character as a lien for a special assessment. Until
fully paid and discharged, said fees, late fees, and interest accrued thereon shall be, remain, and
constitute a special assessment lien equal in rank and dignity with the liens of county ad valorem
taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or
against the real property involved. includin~~ mortgages.
Said liens may be enforced and satisfied by s,~~the District, pursuant to the foreclosure provisions
of Chapter 173, Florida Statutes, as it may be amended from time to time, or by any other method
permitted by law. The lien provided for herein shall not be deemed to be in lieu of any other legal
remedies for payment available to ~,~the District, including but not limited to suspension and
termination of water service. Said lien may be foreclosed or otherwise enforced by ~Uthe District
by action or suit in equity as for the foreclosure of a mortgage on real property and shall be
considered to the same extent and character as a lien for special assessment.
CROSSED SERVICE LINES/INCORRECT BILLINGS
In the event that Customers cross potable water service lines on private property which leads
~3the District to obtain incorrect readings, -S~~3the District will assume no liability for repaying
or collecting monies due from the affected parties. SLC~The District, however, reserves the right to
adjust the bills of the affected parties.
SECTION 5 - METERS
Pa<*e ~0
District IItility Ser~~ice Police
October 23, 2012
ALL POTABLE WATER AND RECLAIMED WATER THROUGH METERS
Meters are required on all pPotable w~~"ater and rReclaimed w~~'ater service connections irrespecti
of the size or nature of service. No property shall have access to or use of pPotable or rReclaim
w~Vater without delivery through a meter.
Meter sizes are 5/8" x 3/4", 1", 1 1/2", 2", 3", 4", 6" and larger as necessary. Various rates and fee ,
including user-fees, are dependent upon meter size. It is the responsibility of the Customer to sele
the meter size that is appropriate for his expected demand. S~UThe District will advise Customer
regarding meter selection. However, ~~the District reserves the right to over-rule the Customer'
selection if that selection is not compatible with reasonable expectations of service demand for th
connection. Duplex or similar meter schemes (two one-inch meters in lieu of one two-inch mete
will not be permitted. In general, differing types of uses (i.e., residential, commercial, multi-famil
shall require separate meters. A separate Potable v:`\-'ater meter, however, is not required fo
laundry facilities serving only on-site multi-family tenants through amaster-metered connection.
METERS - PROPERTY OF ~I3THE DISTRIC3
All meters shall be furnished and installed by an
remain the property of ~C~the District and shall be accessible to and subject to its control. Th
Customer shall provide meter space to ~Utl~e District at a suitable and readily accessible locatio
and when necessary, within or on the premises to be served, with adequate space for installatio ;
operation, maintenance and testing. The Count< right-of-«°av ~~zll be used for meter placemei t
«henever~ossible.
CONNECTIONS TO BE MADE BY S-I~THE DISTRICT
Connections to District's L~tilit
Facilities for any purpose whatsoever are to be made only by employees of or as authorized b
the District. Unauthorized connections render the service subject to immediate terminatio
without notice and service will not be restored until such unauthorized connections have bee
removed and payment is made in full for all service, including appropriate service fees, and an
applicable fees.
METER ACCURACY REQUIREMENTS
All meters used for measuring
* a ~-^-~ *~° ~'~~~*^m° ~itilit<~ sei-~-ice are to be in good mechanical condition and
to be appropriate in size and design for the type of service which they measure. Before be'
installed for the use of any Customer, every wattmeter, whether new, repaired or removed fro
service for any cause, shall be adjusted to register within the accuracy limits as specified in
AWWA standards for that meter. The tili _
service rendered by the District, as measured by metering devices, shall be prima fac~
evidence of the quantity of ~utilin- sen~iee used by the Customer.
INACCESSIBLE OR DAMAGED METERS
When a meter becomes inaccessible to read/maintain due to a Customer's actions, the Distri t
will advise the Customer in writing (certified mail, return receipt requested) and provide not less than
District L~tilit~~ Service Policy Pay=z 31
October 23, 2012
thirty "30 i days to allow the Customer to correct the situation. ~C~The District will take action to
correct the problem or discontinue service upon failure to comply. All costs accrued for work
performed will be charged to the Customer.
CONSTRUCTION WATER METERS
All potable water used for construction purposes or any other approved purpose on a project must
pass through a meter with an approved backflow prevention device which is installed on a fire
hydrant. ~~The District will install construction meters on specific hydrants and the Customer
will be billed for all appropriate fees. The installed meter shall not remain in service at any one
location for more than two years. Construction meters may only be moved by S~C~District
personnel. Construction meters to be placed on new fire hydrants will not be installed until a
``construction only release" is obtained from the DistrictzT~t;ro~t. The water through construction
meters shall be considered non-potable and shall not be used for drinking or consumption purposes.
"Construction water" may be used for non-potable applications such as temporary irrigation, testing
of internal plumbing systems, flushing toilets in model homes, construction and/or sales trailers. The
Developer shall post "Non-Potable Water - Do Not Drink" signs at all water outlets served with
construction water per state regulations. No connection or guaranteed revenue fees are required for
construction meters.
p(lT?T A T2T ~ TR~TTi A
b
~ ~
b
b
POTABLE WATER IRRIGATION AND FOUNTAIN METERS
The use of pPotable vaV~"ater provided by ~i~the District for irrigation purposes is discouraged as
being wasteful of a quality resource. As a disincentive to such use, ~C~the District will not accept
requests and will not install residential meters intended solely for such use or ~~-hen Reclaimed ~`"ater
is available. If the Customer chooses to irrigate with pPotable w~~'ater, the Customer may do so
through his main source meter and pay all commodity fees as appropriate for usage through that
meter. If a Customer chooses to install a fountain meter, all current fees will apply at the non-
residential, water-only rate. Potable ~a`~~ ater shall not be used for irrigation purposes when
rReclaimed w«~ater service is available and when connection to the rReclaimed w~~~ater
dDistribution System is mandatory.
SALES TRAILERS/MODELS OR CONSTRUCTION TRAILERS
The installation of a temporary meter shall be considered on a case by case basis and at the discretion
of ~C~the District. Two situations may apply:
District t'tilit< Serviee Police ~ Pay=z 32
October 23, 2012
1. Temporary Meter/Temporary Use:
a. The applicant shall pay all applicable non-residential fees and charves
Accotmt Sez-~ ice Fee. deposit. connection fees, guaranteed revenue fees. and installation fees
b. Prepaid connections shall not be utilized.
c. All fees paid are non-refundable.
d. Credit for this installation will not be allowed toward other service installations.
Upon termination of temporary use, the meter and box is to be removed, the account closed and
service line deactivated, removed or abandoned in its place as directed by the District.
2. Permanent Meter/Temporary Use:
a. The applicant shall pay all applicable non-residential fees and charges «~^*°~ °ra ~_~~°*°«~^'
^°^*~^~ ~°°~' ^~ r^~*°°a ~°_~°~~~° Account Sei-~-ice Fee, det~osit. comZections fees.
~ b
guaranteed revenue fees. and installation fees).
b. Prepaid connections shall be allowed and will be deducted according to anticipated future u
The difference in costs between future use and temporary use shall be paid at serv
initiation.
c. The Customer is responsible for notifying~.zthe District when the use has converted
residential.
All temporary Service lLines shall be removed or abandoned at the discretion cif
~Uthe District.
~~The District may require that construction plans be prepared to reflect all
improvements. Plan Review and Inspection fees may apply.
[Remainder of pa<~e intentionally left blaiLk~
District t?tility Service Potic~~ Pa<~z 33
October 23, 2012
liTILITY SERVICE POLICY
.=APPROVED AND _~DOPTED
EXHIBITS AND STAND.=~PtiD FOIZ~'IS
Disu•ict Utilin~ Service Police Pa«z 34
October 23, 2012
ST. LL`CIE COtTNT~• ~~'ATER _-~ND SE~~~ER DISTRICT
REQUEST FOR'~i
FOR HEARING BEFORE THE
D~IINISTR~TIVE HEARING BO.~RD
The undersi<_med customer'aaplicant hereby- requests an adminisu-ati~~e hearin« before the St. Luce
Counri~ ~~"atet- and Se~~~el- District administrative Hearin6 Board reRardin~~ the folio«~in~ chime
dispute relating to the correctness of utility bills. the imuosition of utility fees. and challen«es t ~
termination of sel-~-ice:
(Please Print Legibly or T~ ne Claimed DisUUtel
Please attach codes of any utilin- bills. comes ondence ~yith the District staff or other informatio
relatin~T to ~ otu- Claimed Dispute
Date:
Si~nattu-e:
Name:
Service Address:
[Please include the S Administrati~-e Fee ~yith request.],
ACCEPTED FOR FILING B1" ST. LL~CIE COUNTY ~~~ TER AND SE~~`ER DISTRICT
Date:
SLnatlll'e:
Name:
PoJltloll:
Disu-ict Utility Service Polio- Pa<=e 3
(lrtnhar ~; x(117
ST. LUCIE COUNTY WATER AND SEWER UTILITY DISTRI
UTILITY EXTENSION POLICY
SECTION 1 -EXTENSION OF SERVICE
This Utility Extension Policy ("UEP") is part of the St. Lucie County Water and Sewer Utility
District (the "District') Utility Policies and Procedures ("UPAP"), which includes the Utility
Service Policy ("USP"),the St. Lucie County Comprehensive Plan ("SLCCP")_ the_L-ti 1 i t~_l._ ~~t
Ta~itt and other policies and procedures adopted by the Board of County Commissioner<
~"~_ +~~°~ ~^^~a"' of St. Lucie County;-as ("Board"1 sitting as the Board of the Distric~
Board (District Board) and the BC-hoard acting for the County as all of the same may be
amended from time to time. The provisions of the UPAP and terms as defined in the UPAP are
incorporated in and made a part of this UEP by reference. In the event of a conflict between the
provisions of this UEP and the SLCCP, the provisions of the SLCCP shall control.
A. STANDARD DEVELOPMENT AGREEMENTS
A Property Owner seeking to obtain information about the availability of water, wastewater or
reclaimed water utility service from the District for developments may request a Utility Service
Availability Status Letter from the Utility Director. This Utility Service Availability Status Letter
is intended to provide anon-binding statement of the current status of utility service availability
in areas of St. Lucie County served by the District. A Utility Service Availability Status Letter
does not reserve utility capacity for a Property Owner, and may not be relied upon by a Property
Owner for any purpose, including, but not limited to, growth management concurrence or land
use or zoning applications. Property Owner shall complete and submit the District Project
Tracking Sheet ~md av apt non-refund~ible administrative fee to the District to process a
Utility Service Availability Status Letter.
If a Property Owner seeks to obtain a commitment from the District to provide utility service, the
Property Owner shall be required to execute and submit to the District for consideration. as
applicable:
• Standard Potable Water and/or Wastewater Development Agreement (SDA)
• Standard Reclaimed Water Development Agreement (SRWDA)
• Non-Standard Water. Wastewater or Reclaimed Water Development Agreement
(NSDAI - --
All provisions of the SDAs, SRWDAs, and the Exhibits ' 'attached to this UEP
are made a part of this UEP and are adopted as the standard forms and agreements for use by
the District 1~ hich n1a~~ be ainen~ied ti-onl time to tiliie h~ the District Director. The SDA and
SRWDA ~~ ~~
are
hereby adopted as the Utility r•°*^~°'^~ .` a--^^--~^~+~extension agreements of the District. The
District Utility Extension Policy Page 1
October 23, 2012
Counri~ Administrator Counri~ Attornev and their designees are
delegated authority to execute °+^~a^~a f^~-" SDAs without further approval of the District
Board, NSDAs must be submitted to the District
Board for approval. cn ` + '-' ~' +~. ~,• + +•~ •+^-~ -~- +~.^ n' + ' +
a :~i ~r
b b '
T
b ~ b
~ b
b
' .. (For purposes of the UEP set forth
below SDAs SRWDAs and NSDAs approved by the District are collectively referred to as
SDAs except where the context indicates otherwise.l The County Administrator. Counri~
Attornev and their designees are further delegated authority to execute all of the standard
forms set forth in the Exhibits adopted by the District in this UEP.
1. General
A Pronerri~ Owner must initiate the SDA application nrocess by submitting to the District a
written request to enter into an SDA or NSDA. The Properri~ Owner shall reimburse the
District for all costs incurred by the District to prepare and nrocess an SDA or NSDA. The
District may require a denosit in advance to cover its anticipated administrative costs. The
District may draw on the denosit to reimburse its administrative costs. and in the event the
District believes the denosit to be insufficient to cover the then anticipated additional
administrative costs the District may require an additional denosit from Property Owner.
Upon execution of an SDA or written statement from the Property Owner w~ithdrawin~ its
application the District shall refund any portion of the denosit not required to cover the
District's administrative costs to that point in time.
By °~*°..:.,b ~^+^applvin~ for an SDA, the Property Owner identifies its anticipated utility
service capacity needs for the Property in accordance with the UPAP. Such identified capacity
needs are further automatically limited by the final St. Lucie County Board of County
Commissioners approved development plan for the Property. It is incumbent upon the Property
Owner to enter into an applicable SDA for the necessary capacity required for the Property
Owner's Property. A Property Owner may not apply for development plan approvals for the
Property in excess of the utility service capacity identified in the executed SDA approved by the
District.
SDAs are not binding on the District until executed by the District Properri~ Owners may
not rely upon any oral or written communications from the District re~ardin~ utiliri~
canaciri~ or terms of service except those set forth in an executed SDA The District will not
execute an SDA until all payments required to be paid at execution of an SDA under the
provisions of the UPAP have been submitted to the District. Execution of an SDA by the
District does not confer nor grant any land use or zoning approvals for the Property. nor
District Utility Extension Policy Page 3
October 2~, ?012
d e it assure or arantee a Pr a wner that the Pro a Owner h or will be a 1
to obtain land u e or z nin a royals for or be abl to c nstruct on the Pro a th
number of a uivalent residential connections ERCs ore uivalent residential irri atio
corm ctions ERICs for which a Pro a wner has elect d to reserve utili ~ ca aci
under an SDA.
Payments due upon submission of an SDA must clear into the District's bank account as
condition -to the District'se~Irg-~ennerformance of its obligations under an
SDA. The District shall use its best efforts to provide for the system capacity needs of a Property-
Owner, but the District does not guarantee or represent to any Property Owner that capacity will
be available at the time when a Property Owner requests service availability or seeks to connect a
unit to the utility system. By entering into an SDA, the Property Owner acknowledges and
agrees that the District shall not be considered in breach of the SDA and shall not be liable for
any damages, whether direct, indirect, incidental, special or consequential, in the event that
capacity is not available when a Property Owner requests service availability for the Property or
seeks to connect a unit to the utility system.
An SDA runs with the Property described therein, may only be used for utility service to the
Property, and may only be assigned to subsequent owners of said Property upon
acknowledgement of the District~e°~~'°.7rb-rt-"~l[-~. No assignments will be considered by the
District until an estimated administrative review fee is paid to the District. The Pronerri~
Owner shall reimburse the District for all costs incurred by the Di trict to nrenare and
nrocess_ an Assignment. No assignments will be approved by the District until a final
administrative review fee and all past due fees and charges are paid. The assignment of an SDA
shall not extend the term of the original SDA.
L' ,1,'1~'r ••T~ l D •rl +~ II
ac-la~ewledbe~e~~6~h@--~iS~i~C-~-~Scc-~crrvrr-rj~--rz-2-p t-f ~--13~.
irrcrcvrsrcctrerrr-corr errs r--c~
~ b b
b
t' b
~7 7~_ n- 0
ee~~et~e-tte~o e~e~.~"°~rricrr~~Tni~P-~f-e~+?~;r~'vF~P~} , `~,cr~r- ar-rzr~r~'rp~ee~-t~e-t~i(~7Yst~c~-e~ccn--tai
.,,1 4;,,-rl,o,- ,~.orPf--fE"lE?~S?~~nhP_`~`1 .~r,1 irPFi~o~S-~2'~2e-t~~pz8'~~E'~--in-~c~IrlrEt~S2S:
~ -
~}
ERCs/FRICs ~~ithin an SDA nri~ not he transferred to ~~roperties not described in the SD_~
und~i in~__~n~cunl~tance~ 1/RC~/FRICs «~ithm an SUA m 1~..._b~ lssi~rne~~l b~ _the Propelt~ O«ner
Co allb~e~~Uc:l1t ~1~~_PetS Or th,, san1~~)IO~eI_T~ u~~011 iC~nO~~~edw~~lllZnt Ot the D1sTrICt The Tel'11]ti O.t
said assi~_IUlient shall ~ro~-ern the transfer of LRCs/FRICs in addition to the ri~,hts acid
obli~~ations of the correspondin« a~~•reen~znt. Prior to achno~~ l~duelnent of an assi~.~nnlent of
--
~RC~ h~the District. the assi~~nor shall hro~~ide the District reasonable assurances that the
District Utility Extension Policy Page 4
October 23, 2012
~~,~i~~nor r~t~~ill~ tl~e lz~~~ll r~~~ht t~l ~ ~~i~rll thz ERCs/ERICs. If a[ any timz durin« tilt ciz~~(~~~~m~nt
hhas~ of a__Prohzlt~ si~h~«t_tc~ an SI) ~,_thc Proi~~rt~ O~~n~r_i~~I lt~_a~hr~~~zd SL~rL~s;~lr car ~~si~~n_
_ ~ _ _ -
Cc:a~:~ i0__IllalnialIidIl t~~~I1cI~11111 llli~l'cSi lIi ills hr0"[llI"i~._.ih~__~D_\ JhLiII I7C__nLlllltl~ll__h~ ilic',
_ __
Dl>il"iCT aI1L~ tlli"Ih~r 111~C~I' 1'~~c;a~Z~ ~~Ilhhtl~l Llilill 1 11C«~ ~D.~ I~ ellizl'e~i lni~) ~~ 1 11~R hr~)}l~ri~
~~~~uzr ~~ith thz Disu-ict. In all cases. thz Di~tri~t shall b~ n~~tiii~d in ~~ritin~~ ut any assi~~nlllent ~~f
thz SD.a or an~~ ERCs/ERICs ~cithin an Sl~:~ anal snail acl:nh~tlz~l«z sanlz. The District shall
not •~dminiaer anv financial arrangements ben~~een a Property O~~~ner and its assignee
re6ardin~ an assignment of ERCs,'ERICs.
~~ Ii~h~L1I ~1~ hI1011. lit ~IC~P<i'lti ~)~~ll~i llla~ 1~~1~?Il t>Y irlll~fZt 111 ~D_~ l)I' F'~Ls/ER1Cs ~~'Iillli lit
~D_~ ~~ i`hlh~i lI)PI~i ~ d~ ~~I 1LlyI~~~\\ l~~l ~Il'elli lit the Dlsil lC,i l~ ~~i l~llrth dellVC Thz ~l~t 1C[ shall
n~?i 1~Cll~Ilil_~ ~IIi` 15~1~?IlIllzni l~I' ti"aslzi" 111 ~lOlatll~ll Ot Illy ~I"Ohl}~liil~ll_lIl~l shall Il~ii hl h~?L111d_C~I~
C~hllLaiZ~~ iC~ pI"O~~I~IZ LlUlii~~ 5~r~lCc Tii all~~ a~slt?Il~~ l~l' tl'illiJt~~r~l' hi ~Lll'h all a~~l'_'1111i~11i tit'
trallst~r.
2. ~ecific Capacity Needs Identification
Concurrent with a Property Owner's request for any development approval such as a
comprehensive plan amendment, zoning matter, subdivision, site plan, construction plan or
building permit within the area served by the District, the Property Owner must identify system
capacity needs for, or must have previously identified, the number of ERCs/ERICs
corresponding to the anticipated requirements of the project. Prior to SDA submittal, the
Property Owner shall complete and provide to the District an ERC/ERIC data determination
sheet ~~~~ >c•~r,•r„* «~,,,
For projects constructed pursuant to an SRWDA which utilize a master metered reclaimed water
irrigation system serving multiple individually owned parcels, an "Assignment and
Acknowledgment of Operation and Maintenance for the On-Site Reclaimed Water Irrigation
System' ~:.° ~'°"~'~~~ "~~from the Property Owner to the Homeowners car Con~l~~miniunl
_~s~~~ciati~ln is required prior to filing the FDEP "Application For Permission To Place A Public
Access Reuse System In Operation". This Assignment shall transfer to the Homeowners or
Condominium Association the duties and obligations for the operation and maintenance of the
reclaimed water irrigation system on the Customer's side of the Point of Service. _~ co~~ eat such
r~~si!~~ni11~111 shall ~?C prl!~ l~ltd til ih~ DLti'l~i. I hz Dlstrlct Illa~ r~~Itllr% all Li~I1111I11~traii~~~ fl ~ t~~
hrOC~s~ aLll:}7 .~S~l~?illllCllI.
3. Limited Refund Unon Denial of Zonin~/Land Use Approvals
In the event that a Properri~ Owner's reauest for a comprehensive plan amendment, re-
zoning, subdivision approval or site plan annroval for the proiect which is the subiect of an
SDA is denied by the St. Lucie Counri~ Board of Countv Commissioners, the Property
Owner may reauest the SDA be terminated and the connection fees previously paid
to the District pursuant to an SDA entered into i-n-bv the Properri~ Owner be refunded.
Such a reauest for a limited refund shall be processed by the District if, as and when the
District can re-issue the capaciri~ relinquished by Properri~ Owner to a new
developer/customer and the District receives cash i-m»~connection fees sufficient to fund
such refund taking into account cash requirements of the District for capital improvements
undertaken to provide service to the Property Owner Anv additional fees due the District
District Utility Extension Policy Page ~
October 23, 2012
will be subtracted rior to anv reftmd. In no v nt shall the Pr a caner a entitled to
refund of anv TAA's. as defined below. paid to the District.
B. GUARANTEED REVENUES
P-~ierIn ~enerah prior to connection of anv customer to-t#e the District utility system, a total
accrued amount (TAAI of ~i~t~ ~60i months' ~'^^-•^~*^°~' n^--^--•-^ ~'°~°accrued guaranteed
revenue fees (which equals the monthly Base Facility Charge pzr ERC•_F-RIC~'~° .,~~r°--r~~*°
_ .............
°r °~~° ^~a ^- ' for a connected customer times 60) shall be paid by or on behal
of the ~eP • customer for all ~''-•-~-•^'°^* n°°~-'°^*~•-' ~'°----°^*'^--~ «'A~' > »
~.y.,,. »,...... ~~~,,..... arm--cv-rrrrcccioirsl
b ,
~~+"~~ +"° ^ °'' "~~ *"^ "' * ~. ERCs/ERICs for which utility service is requested by
the customer. For properties requiring an SDA, o~~reed-~~ei~~e~eesaccrued
guaranteed revenue fees shall be paid in accordance with Section C herein below. For
properties not requiring an SDA, r'--^~^~*^°-' n°-•°~•-° ~'^^°accrued guaranteed revenue fees
shall be paid at the time of Service Initiation by the customer.
~'••^-•^--*°°•' n^-~°~••^ ~^^°Accrued guaranteed revenue fees represent an accumulation of
certain fixed costs of the system "°'a *'°r *~•*••r° ••°^ which is not used and useful to the on-line
Customers, ^--'' ^--° °"^--b°a *° but has been held for future use by future users which have
been carried by the District on behalf of such future users. Accrued_~uaranteed revenue
fees are collected from future users to offset the cost incurred by the District of preserving
unused system capacity for future users until such users begin paying monthly service fees so
that current customers to the extent possible do not subsidize the costs of providing service
for future users.
St. Lucie County has a bulk utility service agreement with the Fort Pierce Utilities Authority
~FPUA'_'~ to provide water, wastewater and reclaimed water capacity to the District. As a result,
certain future users may additionally be subject to the payment of guaranteed revenue fees
charged by the FPUA with respect to reserved utility capacity under the requirements of the
FPUA instituted guaranteed revenue fee program.
C. GUARANTEED REVENUES PAYMENT SCHEDULE
ateec#-~e}e~~Accrued guaranteed revenue fee payments for properties
requiring an SDA ecomprise:
1. T^+^~ A ^,...-.°a A ,,, „~ iDistrict TAAJ: A T ~ A „ ^~ +° ~ ..+.. i~n~ ,,, „~"~, t` a
n
"^°^^••^ ~'^^°: U on execution of the SDA. payment of ~~'*-- ^ ~* «n°~' ^~ the TAA
calculated at the then current rate per each ERC/ERIC shall be due and payabler:f n
-° -°
:*i^;.+ +L-.• Cil A .7 ~ ~ *l, L- 1 V O ;' •1- T A A
~:'iii:nr-rrr~-r~vr~iairc~--n-iri=rac-rr~vr-c^^c c^u^$nFe of fif~V nereen~ (5(1 1n1-n-.~..~.~~
!` /L' A if ~~_,~~e-u~e~ s e~~Fe-i~ti-a~i-e~-fer-e~.~-res.e~o~d~de~he-~A. -- - -
District Utility Extension Policy Page 6
October 23, 201?
2. FPUA A~e~-~rtGuaranteed Revenue Fee FPGR : At the time required by-~--PJe~ce
rT*~~~*-- ^~~*"°--~*~~ ~ the FPUA3 pursuant to the terms of the Bulk Service Agreement Between
FPUA and St. Lucie County, apavment of an FPGR equal to the then current rate established by
FPUA " " "^ ~'•~° ^^~' ~^•~^'''° for each ERC/ERIC agreed to be served by FPUA under a-nthe
SDA.
1P Ii.z t~:PI Il;~ CL1SIl~[I?~i rally IO pay Ih~lf' alll)Ual ~IUII111IC~Cl Pv~~~I1LIZ ~cc:~. Ii'.C ~1~I1'ILT ilTl~~
I'C~~IiCC 1110 PI'UL~CIrt~ ~)~~II~I' ~ ~~~1ICC ~:Il~~_(~I \la~Te~~atct ~RC~ h~ aIl allll~Ui1I ZQl1t~al~nl T~) Ih~
\ailic: Oi ih~ C,ttai'aI1I~~~1 jt't~~CllUc' FClS Ihal a1'c ORC~~ Iu Ih~ lliSII-ICI- 111 D1~h'1CI Rlll_aCl~l~~ Il1C
PC(~~~cC~~~ (h~.11~C t~` Il1C LalaCll1 Rtl1LIC,Ut~II glue Ili h~)11~,1~IilZLI Or It~~LllY~~I rCZ~ \I Ih~ UI;1C (~~
--.
C~)IlI1C~Ili??' II~C P1'l~i)C1~~ l~~\i7C1- \\uhl~~ hC 1C~}it)fl~11~1C rl~r aI1~ 1I1C1-c a,.~l C(i5I ~~ZC 1-RC l~ flaCU~~ii
111~I'c~li l~~i ih~ C::~~~ICZtj~lhlClt`~.
D. CAPACITY EXPIRATION
The capacity reservation provided for in SDAs b
shall have a term not to exceed sixty (60) months
r°°'^~-~°a ~~~^*°r from the effective date of such agreements. Property Owners may extend the
capacity reservation for unused ERCs~e~1ERICs} for an additional sixty (60) month term by
entering into a Standard Development Renewal Agreement (SDRA) or non-Standard
Development Renewal Agreement (men-S-D~NSDRA) with the District w-i-t#~ payment of
the difference between the TAA as calculated at the rate in effect at the time of the initial SDA
and the TAA as calculated at the then current * *" *' ^ ^~' +"^ enn " °,. „°^ cnv'rate in
effect and pavment of an administrative processing fee. In the event that an SDRA/~e-n-
isNSDRA has not been applied for by the Property Owner within ninety
(90) days a-€ter rim the expiration date of the initial SDA, or anv approved renewal terms
thereto, then the Property Owner must enter into a new SDA upon expiration of the initial
term of the SDA and pay a new TAA iil~lu~lin<_ all _~~rt~ll~ :_blc_FP~ 1 i«s_in order to extend the
capacity reservation. TAA payments made on unused, expired SDAs shall not be refunded or
reapplied to new, replacement or additional SDAs.
E. FORCE MAJEURE
The performance of any obligations of the District under the UPAP or an SDA,
notes-ithstanding anything contained herein to the contrary, shall be postponed and suspended
during such period as the performance thereof is prevented by acts of God, accidents, inclement
weather and conditions arising therefrom; strikes, lockouts and other labor troubles, riot, fire.
earthquake, flood, epidemic, contamination, insurrection, hostilities, war, the declaration or
existence of a national emergency and conditions arising therefrom; the exercise of paramount
power by the Federal Government, either through the taking of the demised premises or the
imposition of regulations restricting the conduct of business herein; acts of sabotage;
interference, restriction, limitation or prevention by legislation, regulations, decree, en rmit,
order or request of any Federal, State or local government or any instrumentality or agency
thereof, including any court of competent jurisdiction; inability to secure labor or adequate
supplies of materials, products or merchandise; inability to obtain permits from applicable
District Utility Extension Policy Page 7
October 23, ?012
regulatory agencies,} inability to obtain required property rights and easements, or any
delay or contingency outside the reasonable control of the District.
SECTION 2 - rn~r~r~rTrn~vrrTrT r•rv r~inA~T COQ\FCT10~ FEES
C~~nrncti~~n F~~ shall be paid for each ~_ro~~~>~~l
FRC ERIC t~~ he cunnz~te~{ to the potable water, reclaimed water and wastewater system at the
time of approval of an SDA by the District, or if no SDA is required, at the time of Service
Initiation by a future customer. The Connection Fee, shall be established and amended from
time to time by the District Board, and represents the proportionate share, per ERC/ERIC, of the
reasonably anticipated capital cost of expanding, oversizing, acquiring or constructing water,
wastewater and reclaimed water facilities where such expansion, oversizing, acquisition or
construction is necessitated by the connection of new customers (or additional use by existing
customers) to the existing utility facilities, for the benefit of new and not yet served customers.
The District reserves the right to delay or deny connection to the District's Utility System when
it is subsequently determined that it is not economically, environmentally or technically feasible
to make such connection at that time. In the instance of denial of connection. the District shall
refund ~c~~nnection fees paid for each ERC for which service is denied. Fin-ne~ie~
C~~nnccti~~n~ Fees shall be indexed annually for cost of living increases at an
amount of 6% per year. p~:,,::deu °~~^" :~a ~ R ~"^~~ ~ ~^ ~- --~~ ~' *' ~'
"°° ''°°^ ^^~a *° *"^ n;°*--~°*. In addition to navment of impact fees. each future customer
shall nay the then applicable fees to install the service meter. fees to install a backflow
preventer. fees for the cost of physically connecting the nines of the future customer with
the facilities of the District's Utility System and other fees related to initiation of service
costs.
SECTION 3 -FACILITIES TO BE PROVIDED BY PROPERTY OWNER
A. GENERAL
The District anticipates providing ~ --~^°*°~ -~~^~~°athe backbone system off-site
transmission, distribution, collection and other potable water, reclaimed water and wastewater
~e+ltties. facilities. Off-site transmission, distribution, collection and other potable water,
reclaimed water and wastewater facilities necessary to connect to the District's tester
~~edbackbone system facilities, and~iTe transmission, distribution and other potable
water, reclaimed water and wastewater facilities and easements within the boundaries
of the Pronerri~ Owner's property shall be provided by the Property Owner at no cost to the
District pursuant to the requirements and specifications of the District. Facilities on the
District's side of the v^~~* ^~' ~'^^~^^*~^^point of connection I"POC") established by the
District for service to the Property Owner !D~ shall be conveyed to the District by a bill of
sale, free and clear of all encumbrances, and the Property owner shall provide the District the
related cost documentation,; the for such facilities, a no lien affidavit, perpetual rights-of--ways
and easements for said E^^~i~facilities, and~#e completed as-built drawings for all such
facilities prior to acceptance by the District and the initiation of service thereto.
District Utility Extension Policy Page 8
October 23, 201?
In the event that construction of certain n~j-er-off-site water, wastewater and reclaimed water
~a^~~facilities are necessary to provide service to a project, the Property Owner may be
required to pay for or undertake the design, construction and inspection of such facilities with
said design. construction and inspection to be conducted h~~ zn~_rineerin~~ tirr~~ in and thrc~tr~h tlic
I~i~t~irt C<~nt~act Library with the approval and under the uesdirection of the District. in
~Oi11~~11a11~c ~\lt~l nl~t2'l~t ~ ~~ ~ltZl'- ~~ a~tz«at~t'. aIld R~~(alhled ~~ at~I' T~ChIli~al ~L~Z~iti~atll~ll~
~nd_D~~i_r C rirzl ~ ~ a.~__nnl~ _hc amci,Idcd ti~~~~t~ timz t~~ time, subject to reimbursement as provided
in this UEP. Z h~ 1'ro ~eI-t~, O~~II~r Iha~ h~ required to ~ublllit t~~ the District cua~truction h~~I1d~ iI1
II?~ aIilOLInI cQUaI Ii? T11e C~IIIllllCed COIlitrLlCtltltl ~OSt~~I11~ a I ~~° ~~ CQntlll~?ei'.C~ Ot all r~~Itlired QII-
>lie R;llcl'. ~~a5[eRdTel' and I'eC~all]led \~atel' f~aCi~ltle~ that are IIeCC»ai'~ T~~ ]?r0~ lde ~et'\ l~c.__Ttl ;1
~r~~ eCt.
The Property Owner shall be required to construct all on-site water, wastewater and
reclaimed water facilities required to meet Property Owner's proiect service needs. The
design construction and inspection of such on-site facilities shall be subiect to the annroval
of the District. In order to facilitate utility service .
+"° r~;°*r~^+,, the Property Owner m-a~sh~ill be required to extend on-site potable water
mains, reclaimed water mains, wastewater gravity mains and wastewater force mains s~h-x~e
-+ a a ~~- *~^ p--^~^•-*-~ n--~~°~ along the full length of the b property
~~--r~r +'~'*~~ ~' ~* *~•-°••b~• ~~'boundarv_ or through the
property ~~' ^ ~a:^^°°+to the property ' + ~^ ° ^a +`•^ `•+•••'^.boundarv at Properri~
Owner's cost.
Property Owners intending to retrofit existing irrigation systems with reclaimed water service
shall~n-ls~ be required to extend reclaimed water mains up to the D^~•'+ ^~' C^~~~^^POC. The
costs associated with the conversion of the irrigation system and any modifications to potable
water service backflow prevention devices shall be the responsibility of the Property Owner
requesting reclaimed water service.
Notwithstanding that the District may require a Property Owner in an SDA to construct
component parts of the District's backbone system or off-site facilities, if the District
determines that public health, saferi~ or welfare require completion of such facilities within
a time frame sooner than being accomplished bv. the Property Owner, the District may
undertake the completion of such facilities by providing written notice to the Pronerri°
Owner and prior to capturing the construction bonds in the amount equal to the estimated
construction cost of the off-site facilities. Upon completion of any facilities undertaken by
the District pursuant to this paragraph, the District shall determine the proper cost
allocation to Property Owner for completion of such facilities in accordance with this UEP
and Property Owner shall reimburse the District for such allocated costs. This paragraph
shall be deemed incorporated into every SDA and binding on the Property Owner.
B. CREDIT/REIMBURSEMENT FOR OVERSIZED FACILITIES
If the off-site or on-site potable water, reclaimed water and/or wastewater facilities to
be constructed by Property Owner can reasonably be expected to serve other areas than those
District Utility Extension Policy Page 9
October 23. 2012
of the Property Owner, the District s#a-llmav require that they be oversized and/or constructed i
such a manner to facilitate and to enable service to be provided to additional areas.
e~~ed-~rere~In-helei~~;-t#eThe Property Owner shall be credited/reimbursed for th
°difference in the actual cost of construction of oversized l~afi~i#esfacilities and th
estimate of the cost of those ~i~facilities which #eProaerty Owner would otherwis
have been required fe-~-#~s~~to con truct for service to th ro whic
credit/reimbursement shall be without interest. It is the Property Owner's responsibility to
request credit/reimbursement from the District. The amount of the credit/reimbursement shall b
determined by the District based upon the data that is supplied by the Property Owner's engineer
as verified by the District. The District will make every effort to properly evaluate the "cos
difference" for oversizing, but in the event of a disagreement, the decision of the Director will be
final.
There will be no credit/reimbursement for the construction of 6" potable water mains, 6"
reclaimed water mains, 4" force mains or 8" wastewater gravity mains, w-h-iF~has these sizes are
the District's minimum standard sizes, even if these size~ls e~eedmains may have a hydraulic
capacity in excess of the Property Owner's ew-nca aci ~ requirements.
~~A '
The ~Te~ ^~e••~-t#~oversizing credit/reimbursement ^ ^°'^••'°*^a ~~ C^^*~^~
l~amount shall be applied as follows:
• For fri~eli~resmains 20" and smaller, the entire amount shall be credited toward
Connection Fees with any excess credits to be cash reimbursed by the District at
~i~~ e1~~~1~1~~~t project build-out.
• For ~esmains larger than 20", the Property Owner may request at the time of final
acceptance of the pipeline by the District, a cash reimbursement for that portion of costs
in excess of those costs associated with a 20" pipeline. The balance of the amount shall
be credited toward Connection Fees. Any excess credits shall be cash reimbursed by the
District at de_~.~_Ic~~~_i~_~nt_project build-out.
TL.^ ~~ .„L,.,,,r,,.„ ..+~ X1,.,11 „1. ..1. +„ ,.+~ + ~l +' {' ~l'+
1 lI~J\. •.HJ l ~lIIIUYI Jl-1IIl II
~ b ~
~PEi-,1 .. ,. 4'..,. +1,:..~;~9,~-~-~i' F-9~ef-~k9fl--tH~9~9~3~~ii=ircr--o~--cuc-~nr~-+a~-nz
b
en-~e-~t-Ie~-i~~t~e-~~e~e~c~~~~ill-be `gam-~d€~c~.. ~~nn-..-''nl-~;'n~
b b
$~~J~cSi7L' !`DL'iliT/DCiI~+iDiTDCL'\iTL'NT ilCTr, nrRr~i ~ T7l11~T
rc~-<zc~vrn~zcL-rxrTfl v
District Utility Extension Policy Paae 10
October 23, 2012
• For pump stations and lift stations the entire amount shall be credited toward
Connection Fees with anv excess credits to be cash reimbursed by the District at
development project build-out.
The .
. District may connect anv third parri~ to the
on-site and off-site facilities constructed by a Property Owner without the requirement of
approval by or payment to the Property Owner by the District or the third party.
C. REIMBURSEMENT FOR ADVANCE +,~ A CTICA Dr -+'IBACKBONE SYSTEM
FUNDING PROGRAM
In order to expedite construction of `i^°*°r °1^~backbone utility facilities to provide service to
a Property Owner in advance of the time when the demand for such facilities would make such
construction financially feasible, a Property Owner may eleetvoluntarily request in writing to
participate in an 'a -^ "'T -- p'^~ ~'~~~a~~badvance backbone svstem funding program
(an ~~A-~~AFP~'~ Ut111Zing C(iI111'11Ct1Il~_ t~1~ ~~I'~ 1Cc~ (~I ~I7=1I1tc 1'lll~? t11'Ill~ I11 t1Il~~ t~lt'~~U~'~1 lh~
D~stict C~~ntract Lihrar~ . Upon receipt of a request to participate in an A:~~AFP, the District
shall determine the financial and technical feasibility of the District expediting construction
of the necessary backbone utility facilities, and if determined feasible, the District shall
determine the amount of funding which the Property Owner would be required to €t~-n~I
1 I • ~
":: ' pay to the District ("AFP Funding " „*"` *° '-+~ ^+° *"° ~ "~°~ -I-h^
.+-zM~"l, in advance, for District to initiate the expedited proiect. The AFP Funding shall
be included as a Special Condition in the SDA to be entered into between the Property Owner
and the District. The District shall not be required to undertake an advance backbone
svstem proiect unless sufficient funding is available from Property Owner's electing to
participate in the AFP to pay the total cost of the proiect.
The District shall reimburse a Property Owner's IiAFP Funding,~J~===tTlewithout
interest *" " ' ~n + "~T~~*~~e-e€~",~, in accordance with the
following terms. The District shall establish an :+AFP Funding Reimbursement Pool
("Reimbursement Pool") on which the District shall account for all Property Owners who have
participated in a particular round of :4~P-FAFP funding (including the County to the extent that
the County has advanced the District monies tofund p}t~'~construction
of backbone utility facilities). Property Owners participating in the same "`AFP shall have
their ~YYrti--2`AFP Funding placed in the Pool on an equal pro rata basis. Pool reimbursements
shall be made on a first in time basis, within a n~atiimum of a tzn 1li)~ ~~zar ~~I-io~l. with full
reimbursement being made to the first Pool in time_ before reimbursement begin on a second or
subsequent Pools in time unless_th~ tzn_(1 t1 ~ ~ cars_h 1~ ~..._zlah~~~~. Pad nlent__obli«ati~~ns tc~ the
PI'tlp~l'I~,,, O'~t 11Z1' ~h~ll1 T~l'illlIllll~ llll Thz 1ZI1 (1 t)) ~ x;11 IlllIll~ ZI5I11"~ ~~3T~_ hf fltl_~l ;ICCZ~C~111Cc: 11~~
District of the last comh~~IZent part of the facilities t~~ he c~~nstruct~~i b~ Pr~~pcrt~ (~~~ncr.
The District shall reimburse AFP Funding within a Pool by crediting the Pool with the
Net Water and Sewer Connection Charges collected by the District from Property Owners
District Utility Extension Policy Page 11
October 23, 201?
entering into SDA after the date of establishment of the Pool (or if no SDA is required, initiating
service after the date of establishment of the Pool). The term "Net Water and Sewer Connection
Charges" means the total Water and Sewer Connection Charges actually collected from a
Property Owner by the District ~hwithin the Pool geographic boundary established by the
District, less any amounts required to be paid to the Fort.- Pierce Utility Authority (or other
wholesale utility capacity provider to the District), and less any amount required by ~--thz
Di>tri~t to extend the --~^°*^'- --~^~~^a ~' '-/expand the backbone off-site facilities to
serve the Property Owner's proiect. The District shall pay each A#~FAFP Funding participant
within the Pool a Pro Rata Share of the Net Water and Sewer Connection Charges received by
the District on a-~-u~te~Fan annual basis. The term "Pro Rata Share" means the ratio of each
"~AFP Funding participant's 7~Y:~'Y~`AFP Funding to the total amount of Ai'~4-1?FAFP
Funding within the Pool. For example, if the Pool had two participants, one with an A~FAFP
Funding ^~~' ^^^~••^a :,,*^'-^~* of $100.00 and the second with an ""~AFP Funding
~-~•^'' ~~*^--^°* of $200.00, participant one's Pro Rata Share would be 1/3 and participant
tw-o's Pro Rata Share would be 2/3. The District shall continue making reimbursement until no
further balance due to A~FAFP Funding participants remains in the Pool or Mlle ten i 10) year
period lad>e~. ~~hiehe~ er i~ fiat.
SECTION 4 -PLAN REVIEW AND CONSTRUCTION INSPECTION
The District will review and approve the design and plans and specifications for, and will
inspect the installation of all potable water, reclaimed water and/or wastewater facilities installed
by Property Owner and/or Property Owner's contractors, which facilities are proposed to be
transferred to the District for ownership, ;,,,c, utivt ^^`~ ^^~*-~^~ and operation. The District
may also. but is not obligated to. review, approve_ and inspect the design. plans and
specifications and installation of all potable water. reclaimed water and/or wa tewater
facilities to be retained by Property Owner for ownership and operation. Such inspection is
designed to assure the District that the potable water, reclaimed water and/or wastewater
facilities are installed in accordance with approved designs and are further consistent with the
criteria and specifications governing the kind and quality of such installation. The District will
be present at tests of component parts of the potable water, reclaimed water and/or wastewater
°, -~.~,:»facilities for the purpose of determining that the °~•~~facilities, as constructed,
conform to the District's criteria for quality, durability infiltration, filtration, pressure testing,
line and grade. Such tests will be performed by the Property Owner's contractor, but e~-under
the direct inspection of the District's authorized i-t~sftec~er-r~~i_~~i~tati~_~__and the Property
Owner's engineer. The District may require the re-installation by Property Owner of any
facilities which do not meet the Di trict's criteria or atisfactorily pa a performance test.
No connection to an existing t~District facility shall be made except in the presence of tie-the
District's authorized~s}~ec~errehrzs~ntati_~ ~.
-_
The District shall charge a r'^~°*~-~~^*~^~ Plan Review Fee and Inspection Fee based upon the
magnitude of the project. The fees for plan review and inspection services as set forth in ~h{-s
i~a-lthe UPAP are designed to de€r~--fully reimburse the cost of providing said services.
District Utility Extension Policy Page 12
October 23, 2012
SECTION 5 -TRANSFER OF OWNERSHIP AND SERVICE INITIATION
Prior to Service Initiation and prior to transferring ownership to the District of potable water.
reclaimed water and/or wastewater facilities, the Property Owner must obtain the
applicable forms from the a°^'*'~ '-'°^^~*m°H~-Denartment of Environmental Protection and
other apnlicable agencies and submit same to the District for approval:
1. A Certificate of Construction Completion and Request for a Letter of Clearance to Place
a Public Drinking Water Facility into Service; and/or
2. A Domestic Wastewater Collection/Transmission System Certificate of Completion of
Construction; and/or
3. A Domestic Wastewater Collection/Transmission System Certificate of Completion of
Construction for Reclaimed Water.
.b b ' b `
1
~s-;~tz~~The Property Owner must fulfill a variety of prerequisites, depending upon specific
project circumstances, prior to securing partial and/or full clearance ~~:~_^
for Service Initiation.
For projects with only one connection, the District will only permit Service Initiation on a one-
time, full completion (final acceptance) basis. For projects with more than one connection, the
District willma~. authorize Service Initiation on a partial basis subject to accomplishment of
prerequisites by the Property Owner. In addition to construction requirements as set forth herein.
the Property Owner shall submit to the District the documents set forth in the Exhibits to this
r~>?UEP.
A conditional final inspection or partial acceptance which will allow partial Service Initiation
does not constitute an acknowledgment by the District that a project is complete, but rather that
there remain deficiencies or other unaccomplished requisites. The District may authorize
Service Initiation on a project or phase of a project on a conditional basis, dependent upon full
satisfaction of all final acceptance requirements or proof of an adequate performance bond
(110% of construction cost), as estimated by the Property Owner's engineer and verified by the
District, to cover all outstanding requisites. The District will accept a clean irrevocable letter of
credit or cashier's check to cover all outstanding construction requirements.
The Property Owner shall provide a warranty for the constructed potable water, reclaimed water
and/or wastewater facilities for one year (or five years in the case of numn station or
lift station pump and motor assemblies) from date of ~'~^^' "gyp r'^~•~~~^^*~^Tfinal ',.°,..,-~-~I~T
^^~*~~^^*~^~ acceptance b~ the District of the last component part of the facilities to be
constructed by Pronerty Owner.
District Utility Extension Policy Page 13
October 23, 2012
SECTION 6 -DEFINED MEANINGS, TERMS, AND RULES OF
CONSTRUCTION
A. GENERAL
I3~sie~r~-Section 6 includes words, terms and phrases with defined and specific uses
unique to these regulations.
B. RULES OF LANGUAGE CONSTRUCTION.
In the construction of language of these regulations, the rules set out in ~Scction
6 shall be observed unless such construction would be inconsistent with the manifest
intent of the ~9EEBoar~i.
Generally. All provisions, terms, phrases, and expressions contained in these
regulations shall be liberally construed in order that the true intent and meaning of
the I~~13oar~i may be fully carried out. Terms used in these regulations, unless
otherwise specifically provided, shall have the meanings prescribed by the statutes of
this State of the same terms.
Interpretation Minimum And Maximum. In the interpretation and application of any
provision of these regulations it shall be held to be the minimum requirement
adopted for the promotion of the public health, safety, and general welfare. Where
any provision of these regulations imposes greater restrictions upon the subject
matter than a general provision of all other ordinances, the provision imposing the
greater restriction or regulation shall be deemed controlling.
Definitions. The definitions are intended to be generally construed within the context
of these regulations, except as shall be specified by the term itself within a given
context for a selected Sub-section of these regulations.
Text. In case of any difference of meaning or implication between text of these
regulations and any figure, the text shall control.
Computation Of Time. The time within which an act is to be done shall be
computed by excluding the first and last day; if the last day is a Saturday, Sunday, or
legal holiday, that day shall be excluded.
Dati. The word "day' shall mean a calendar day.
Gender. Words imparting the masculine gender shall be construed to include the
feminine and neuter.
Month. The word "month" shall mean calendar month.
Non-Technical And Technical Words. Words and phrases shall be construed
according to the common and approved usage of the language, but technical words
District Utility Extension Policy Page 14
October 23, 2012
and phrases and such others as may have acquired a peculiar and appropriate
meaning in law shall be construed and understood according to such meaning.
Number. A word imparting the singular number only may extend and be applied to
several persons and things as well as to one person and thing. The use of the plural
number shall be deemed to include any single person or thing.
Shall. Mav. The word 'shall" is mandatory; "may" is permissive.
Tense. Words used in the past or present tense include the future as well as the past
or present.
Week. The word week shall be construed to mean seven calendar days.
Written Or In Writing. The term "w-ritten" or "in writing" shall be construed to
include any representation of words, letters or figures whether by printing or other
form or method of writing.
Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated
or 365 calendar days is indicated.
Abbreviations.
AGRF: Accrued Guaranteed Revenue Fees
l~EL3:~ar~1: Board of County Commissioners
BOD: Biochemical Oxygen Demand
CAU: Community Assessment Unit
CIP: Capital Improvement Program
CO: Certificate of Occupancy
CWWTP: Community Wastewater Treatment Plant
FDEP: Fl_~rid_a_Department of Environmental Protection
DRI: Development of Regional Impact
r' D!~' Tr cnttrl~~-rvcccnvrrcoim~rrrssrori
ERC: Equivalent Residential Connection
FAC: Florida Administrative Code
rui-PcSJ: T:l •a T,o .,..r,,, .,. ~,l'uo~lr4, „~1 T?oT,~T.:l•. .• co,.. ,.,ems
isuu`re v~.i r
T~x7\1'TD• T • ~l' r -.,+o,- T,-o~r.Y.o.,t Dl.,.,•
n
L: Liter
mg: Milligrams
mg/1 Milligrams Per Liter
POC: Point of Connection
SFWMD: South Florida Water Management District
TN: Total Nitrogen
TP: Total Phosphorous
TSS: Total Suspended Solids
District Utility Extension Policy Page 15
October 23, 201?
C. DEFINITIONS.
Act or The Act. The Federal Water Pollution Control Act, also known as
the Clean Water Act, as amended from time to time, 33 U.S.C. 1251, et
seq.
Bacl:tlc~« Pr~~~znt~r: .-~ dc~~ice anchor mztho~l of construction. accei~tz~i
an~~ ai~i,ro~ e~i b~ District. usc~i to ~rc~ ent hachtlo~~ into a__~ ota~lc ~~ a~ r
_ _
~~•t~m. Thy type of a,~cm
,. _ _. hl~ tis~d should hz rased on t}le dz~~rcc c~f~
__ _ _
hazard. either elistin~_~ or potential.
Connection Fee. The impact fee assessed by the Eea-n~District for the
b provision of
utility F°^~'~~~service to new customers. The amount of such fee, as
amended from time to time, represents the proportionate share, per ERC,
of the reasonably anticipated capital cost of expanding, oversizing,
acquiring, or constructing the f-e~rt}District's planned and existing
facilities~~^it-1~n,--~~re--~e~-rte---se~iee--area where such expansion,
oversizing, acquisition, or construction is necessitated by the connection
of new customers (or additional use by existing customers) to the existing
utility facilities, for the benefit of new and not-yet-served customers.
Community Wastewater Treatment Plant. A community wastewater
treatment plant is defined to mean a temporary wastewater treatment plant
for a development, its collection system, appurtenant effluent
disposal/reclaimed water reuse facilities, and sludge treatment and
disposal facilities_p~rld_in~a connection to the L)istr~~t~s C_~tilit~ I=acilities.
Contract For Service. The document by which a customer's financial
responsibility is established for the charges legally assessed against the
service address(es) specified therein.
County. Apolitical subdivision of the State of Florida, known as St. Lucie
County, as governed by the Board of County Commissioners
(~~Board).
e~-~-ree~r°~,.~-T- =e-~~d-a-rd-Dev-ele-per
~~aran.mrant n~ ••~1~.,t^a ., .a a a f •' + ~' ti •l, R!1!"!`
• -b. ............~ ., »...,. [' ..... »..... »u........,.. as v.u auaa a, av suua, v
`-----a '-"-- "C--"-"- "-'1"" _u.~..w ... « L~...av t~a,a u• a.vuu~a.savu ~~-rcii zc
i a,~a.i ~ uaiv" ,
Customer. A person or entity which
_is connected to and receiving utility s~e~iees-
t*pies-f,Aei-}i-rtes-Apse--tie-~^~'-~~~-e~t# *'''*- 'cesservice
from the District.
District Utility Extension Policy Page 16
October 23, 2012
Customer, Bulk. A customer of ^ ' T~--~-*~Tthe District which redistributes
utility services through its own utility facilities.
Customer, New. An ~ - ~ b
annlicant to receive
utility service from the District..
Developer. Property 8~~owner, or an agent of the 9wtrer ro e
owner, of-kltnEl proposed ~'^'- "^~~^'^r,,,°~develonment.
Development, Existing. A single family residence, a multi-family
structure, or a single parcel of property with one or more existing
structures used for residential, commercial, commercial residential,
industrial, or manufacturing purposes that hr~~duce~ ~~: iter lr~n1~ a_h~-i~ a1z
~:-ell all~l or generates wastewater flow to On-Site Wastewater Treatment
Disposal System or a Private Wastewater Treatment Facility. ~~i?hin the
~eI~~ lie .~r:'.`i '+1,' ti. C+ i !` +., [x1.,~~.~....,~^~. C^...-;..., A,.^ --
Development. Proposed. Any change in land use which alters or creates
the demands for utility services; any manmade change to improved or
unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling
operations, or permanent storage of materials; the act of building,
engineering. mining, or other operations in, on, over, or under land; and/or
the making of any material change in the use of any building or other land.
District. The St. Lucie County Water and Wastewater Utility District._a
~~
C-i~a~t~r 1_~ ~. Part II. Fl~~ri.~,l_Statllt<< utllit< <jlstei~t.
District Board. Tl,e SI. Lucie Cot:nt~~ }3oara ~~f Cuunt~~ Cummis~i~~ner
sitrin_ a~_~Ihe Governing Board of the St. Lucie County Water and
Wastewater Utility District.
Ui~tl I~t Stan~iar~l De~~zl~~~I~lent _-~~~r~~mellt. ~Th~ Stand ud Uzi elu~m~nt
_~~_'I'CeRlelli. ~l~ ~1d~~r~te~I ZI1~~ ~I21eI1C~e~ troni I1n1C t0 III11e h~ II1C ~(~Lll'l~.
S~II111'_' li)ith SL1eC1r1C I'cCjttll'en1c;I~I~ ~lI ~1 DZ~ CIO ~cl- 111 Ct~I1IleCtl~~l7 ~~ It}1 ~1
reJel~ati~~n rf cah~~Lt~_In the Dl~uict L tilit~ S~;tem,
District Utility Director. The District Utility Director or the District
Utility Director's designee.
fir- ~e Faces-1' ->-t-yes-Ali-t=;~~r~~ "~*-«e-P~~Rt~~l~ut'~u °
bee~i~S~eEI-13~-ar- >,I *:I ~,i,o,. ~~~;I;*;o
~-rcvr-cry rrrcz--Pcrirrmi°c-cry c.rr~c~ uie
., ;1., 1.1 o
ir`v-m-rccv~
Effluent. Water, after some degree of treatment, flowing out of any
treatment device or facility.
District Utility Extension Policy Page 17
October 23, 201?
Equivalent Residential Connection. A unit of pPotable wit"ater,
rPeclaimed w~~"ater, or w~~•astewater capacity ; *'~° °~~~~~°~~~ n~~*-~'
_~*~'~*~" °~-°*°--~ which is equivalent to the average number of gallons per
day of service attributable to a single family detached residence as such
number is established from time to time by the District Utility Director for
the applicable service.
Force Mains. See Wastewater Facilities, Pressure.
Individual On-Site Wastewater Disposal Facilities. On-Site Wastewater
Disposal Facilities that provide Wastewater services to a single housing
unit.
Individual On-Site Water Supply Facility. A water well serving a single
housing unit.
Industrial ~~•aste~~ atzr. The tip uid alld eater-carried ~~ rite from
industrial _faciliti~~. cunlmercial huildln<_~ and in .titution~ ~tihlch requirz
_....
~l'e-trcdtillent ~it'10l' tll Cl)I1TI'I~IITInL' tt~ Or ~leln]ltted t~~ enter any ~~astl~~3te1'
taCIIITIeS.
Line Extension. Any utility conveyance system improvements needed to
provide service to an existing or €t~~enronosed development.
Low Pressure Sewer Facilities. See Wastewater Facilities, Low Pressure.
Off-Site Facilities. Utility facilities that are located between the
Deg el~~ ~er~s ~~r C>_Iaumzr~s_ property ~s
h~~ulld ~rie~ and any and all Pent Ot:C~~nn~ctigns.
On-Site Facilities. Utility facilities that are located within Deg el~~~er~s or
L~Ut~lnler~s ~ ~ property ~i~-~sboundaries.
On-Site Wastewater Disposal Facilities. The facilities used for the
treatment of wastewater in septic tanks and the disposal of the effluent by
absorption fields.
Oversized Facilities. Any utility facilities which are sized beyond the
need-~ minimum size of facilities needed e€~~ the dl~evelopment for
which the facilities were initially installed tc~ ~r~~~ ide sel~ ite.
Oversizin~. Utility ~,,,,;I;.;o~ ..~>,:,.~, ., „~~,-,.,..oa *~ ., -;,~o ,. •, . ~
t#e-art-it-it~~• c~ppnc~o~eq-tri-re~e~~t~e-~e~ert~wn°~~e~~
~~Ilsti"lletlll~~ Lltl~lt~ jaclllticS t~~ hr(~~~lde cahaclt~ rill' cAl~tln'_ aIld O1' fLItLII"e
~{e~;e,lOpment~~~hlCfl al'e ~IZeil he~~Ond the I111111ITllltil S1Ze (lr rael~itleJ
_... _ _ __
needed b~ the De~el~~t~ment ror ~~~hich the facilities ~ti~ere initially installed
t~~ provide ser~~ice.
District Utility Extension Policy Page 18
October 23, 201?
Point of Connections-~POC" ). A point of entry into uthe District's
u~__tility-~n__ F_~iciltics, g~enas designated by the Ut~i-ti*~~to~
~!rp-~ie~~District to the customer; the point at which the prep°~
eict~~l;,~r receives utility service.
Potable Water. Water that meets the United States Environmental
Protection Agency standards for human consumption.
Potable Water Facilities. All facilities required for the production.
treatment, storage, transmission, distribution, and delivery of pPotable
w«-ater an~1 til-e 110~~.
Potable Water Facilities, Common. Potable water supply facilities #e~red
~y--su ,~~1iz,l t~r~~rn_an on-site well with more than one connection serving
more than one dwelling unit. Common potable water supply facilities shall
meet ~-S-~t:~te requirements for a pr~t~~te~nrivate water
su 1 -.
Potable Water Facilities, Distribution. Those pipes, fire hydrants, valves,
fittings, service connections, and appurtenances, sized in accordance with
District engineering standards, used to convey potable water from
the Di~tl-ict~s__transmission system to amdi} ~i~u~_l customer>. a
~esi~rrate~~ ht the I~i~trict Ctilit~ Director.
Potable Water Facilities, Municipal. Public pPotable w`~-ater ~?-acilities
which are provided by a City, e~County. or other ~ro~ernmcntal a~renc~
~~hi~1~ ~~ meet ~tat~ requirements for a gi~ublic ~r~~ater
~`.upply•
Potable Water Facilities, Private. Potable w~~ ater ~~=acilities -ror-=vvi=ticn
~~ ee~~Etie~--a~-ep e~ti-x~e~~t~--ar-e--i~s~e~e e~ke~t~a~---a
.,.,,,.,;,.;r.,la.- ,,,. ^^"^*~-that are not ~lunicihal Potable ~t Ater Facilitic~.
D~7 1 fix' te~C~-ITCi D l,l' D t l,l tcriacn-rcrcTrv~vv~irc z- ci'ic
t t' t' ;rte orl t„ ~l;t. ~,nt~
~ ,moo o y ._
Potable Water Facilities, Supply. Those facilities used to develop a source
of potable water and its treatment including, but not limited to wells, raw
water mains, treatment facilities, storage tanks, pumping stations, etc.
~ a b.~ :to oil .;tt, o mot; .. cl~
'r T .T; :rl, .,l .,ro oll~ ~L,.,11 or LIDO .,tom 4„ D - +
r-iii usa.
Potable Water Facilities, Transmission. Those pipes, fire hydrants, valves,
fittings, and appurtenances, sized in accordance with District
e~ a~~i,=n criteria ~.,zc? cun~n-uction standards, used to convey
District Utility Extension Policy Page 19
October 23, 201?
pPotable w~~-ater from pPotable w~~-ater sSupply facilities to Potable
~~~~?<<~ ~ ~ ~ dDistribution Facilities. The
I~I~ut~t L-tllit~ Dlrect~?r «ill d~tel-Inine «hich_ ta~Ilitl~~ art ~~11-t_ of the
Potahlt ~~~ater ~I-Iansmi~~ion }-acilitl~s al;d «-hich arm hart <~f the Potahlc
«-ater Distribution Facilities.
Property Owner. The title holder of record for a parcel of land, or its duly
authorized representative or agent, ~, who
applies, either voluntarily or through the mandatory connections
procedures, for utility service to and for said ~epe#~=parcel of land, and
who can bind the itle holder of record to all legal
obligations related to utility services_to the parcel of land.
Pate 1aI'lt~t. 1110 schedule of I'atc~. tees alid char~_es tOr lltlilt~~ ScI'~1Ce
~stahlished b the District Board and amended fi~om Hinz to time.
Reclaimed Water. Domestic W~~astewater -that has received at least
secondary treatment, as defined by FDEP, and treatment as required by
policy of the Sanitary Sewerage Element of the St. Lucie County
Comprehensive Plan, and is reused after flowing out of a wastewater
treatment facility~~e~tsc-W-~e~"-). Reclaimed water shall also include
other irrigation quality water ::,;;: t;, ;up~f,;c'< ~* v~..~~ ~x'~*~--
Reclaimed Water Facilities. All facilities required for the storage,
transmission, and distribution of reclaimed water. lhese facilities «ill
also include treatement facilities as needed to treat secndar~~ effluent
standards to Keclaimed l~ titer standards.
Reclaimed Water Facilities, Distribution. Those pipes, valves, fittings,
service con~n^eYc`'tions, and appurtenances, sized in accordance with District
Ut111ty~tY~S~E~~~E~~rC~=-fEticZ~-r-v vu~c~-rrvnrz-cc itrrrrr2~
~~6i3--fEtEl~-t@-i~El~.r~Bii~E'~ d~~l~ I1 CrlT~rla a11C1 Cl)n~trLlCti(~Il
_ _- ' __
standards_ used to com~e~ reclaimed «at;,I- from Reclaimed «~ater
Transmission to an ir,di~ ideal Customer. as desi«nated b~~ the District
L~tilit~ Director
~cEt~E'~~'~f-1~1-25~$Hjrl~.i-ivn- r~'r6~2-~3i~S-rcn7~~cT-irR-~I•~.r.
t`Hid-~peEeS--~~~tii}cc'~t-carEl--S~Z~~-~racc6~'vnn ~~vcrrii-ttri~'cC~crirrrcQ
tii'~ci--iirirlcf~-p-la~S. cvirrcr'cicccE~r-ii-~crcc6~Elu:rc~vrrt~l--1/lrst~'~f~tiircr
„~
Reclaimed Water Service Connection. The reclaimed water connection
from a reclaimed water distribution facility to the ~~~* ^~' a°'~-~°-°~POC
for a E customer. For a residential Ecustomer, this point of delivery is the
downstream side of the meter at the customer's property line. For a
non-residential Ecustomer, the actual point of delivery may be at a
District Utility Extension Policy Page 20
October 23, 2012
location other than the property line, to be determined by the District
Utility Director in coordination with the Customer.
Reuse. The deliberate application of reclaimed water for a~,1 b°^
i~I~i_:ttiol~ purpose i-• ~, ,a .~, + - + ~ >1•`~°,. ^ „i;.`.-
a
~D ~ 1-he Standard Development a«reement, as adopted and
amended from tune to time by tfie District, setting forth specific
recauirement; of a Deti~eloper in connection ~~~ith a reservation of
ripaciri in the Ctiliri S~~stem.
Service Area. The parcel(s) of land to which ~~ t1~_~_vi~t_r-i~t_is
legally entitled
c-rr~r-~ l b" :'iris
+'' '*- b ,-'',- ~ b * ' " `' to provide utility
services.
Service Availability (Availabilit~of Service). The results of determining,
through engineering analysis and of cost and operational feasibility
studies. if utility service is available
#a-sfor existing development or i~-proposed~e-r development.
`,er\ iCe I.lIle~. ThZ ~nlallef _~llaliletei ~ihe~ that ht'anCh tl't~lll Ial~~el'
diameter pipes in the P~~tahlc l~ atel- I~istribtltion S~ item. 1Zeclaime~l
~~dteC Dl~ti'ihlltl~)n ~~Stenl (~i' «a~te~~alcC COllectl~~n ~~~~Ie111 tii a
Cu~t:~n~er' ~ P~~tahlz ~~-ater nlzter. Reclaimed «-atzr m~ter_ car ~~ a~te~~ ater
__ _
~l~an~~ia Dui the ~~ Io~Idin~r ~ point ~~f
C'u>t~~I7~c'I-~S l~rc~~~ert~ line thzr~t~ ~
deli~cl'~~ of POtahle «~at~l" l~r ~ZClalIllcd «-atzr t~? a LtIJI_)iT1C'I' hl' ~~~llllt ilt
c~~lltctic~n of ~t-apt: eater ti~um a Cu~t~~ttier
Sewage, Domestic or Sanitary. See Wastewater, Domestic or Sanitary.
~uI-char~~e. ~~a;s-tiu~~~u_h cc~~t_shall be added t~~ all char~~e~ tier sere icy
~ro~ ided to thoz cust~~n,ees recei~~in~~ ~~-ater. «-astz~~~at; r and Reclaimed
~~-atet~ service trout the District that aside ~~ithin a city.
Utility. A publicly or privately owned company or legal entity that
provides to its customers utility products and/or services. Such products
may be gas, electricity, water, etc.; and such services may be utilit~_
transportation systems, stormwater management systems, wastewater
treatment and disposal systems, etc. In *'~°~° r°g~~'^'~^~° the [_~_l=P_the__use
of this word will be restricted to an entity that supplies potable water,
reclaimed water, and wastewater products and services to its customers.
District Utility Extension Policy Page 21
October 23, 201?
Utility Facilities. All the facilities controlled by a Utility required to
provide customers with potable water, reclaimed water, and/or wastewater
products and/or services.
Utility Facilities, Private. Utility facilities for which the construction or
operating permits are issued to other than a county or municipality.
Utility Facilities, Public. Utility facilities for which the construction or
operating permits are issued to a county or municipality.
Utility Service. The act T ' ' ,- of providing to a customer for its use
pPotable w~~ ater and/or rl:eclaimed w~~ ater, and/or providing te--a
"~f:c~1-_the removal of ~~~-astewater from the cust~~mer.
Wastewater. The liquid and water-carried domestic or industrial wastes
from dwellings, commercial buildings, industrial facilities, and institutions
together with any ground water, surface water, and storm water that may
be present, whether treated or untreated, which is contributed into or
permitted to enter any wastewater facilities.
Wastewater. Domestic or Sanitary. Wastewater derived principally from
dwellings, commercial buildings, industries, institutions, and the like;
originating as wastes from kitchens, water closets, lavatories, bathrooms.
and showers; the strength of which shall normally fall below the following
parameters: BOD (300 mg/1); TSS (300 mg/1);TN (40 mg/1), and TP (12
mg/1).
Wastewater Facilities. All facilities required for the collection,
transmission, treatment, t~~ seeun~al ~ effluent stan~lard~ and disposal of
__ .
wastewater.
Wastewater Facilities. Collection. A system of laterals, pipes, and
manholes used to collect wastewater and convey it by gravity to a
pumping station.
Wastewater Facilities, Low Pressure. A network of small diameter
pipelines which convey wastewater, under low pressure, to a central
collection facility. The low pressure is produced by small pumps located at
the individual wastewater sources.
Wastewater Facilities, Pressure. A system of pipes, valves, fittings, and
appurtenances used to convey wastewater under pressure from a pump
station to a point of discharge.
Wastewater Facilities. Private. Wastewater facilities for which the
construction or operating permits are issued to other than a county or
municipality.
District Utility Extension Policy Page 22
October 23, 2012
Wastewater Facilities, Public. Wastewater ~tacilities for which the
construction or operating permits are issued to a county or municipality.
Wastewater Facilities. Pump (Lift Station. An above or below ground
structure containing pumps and appurtenances which pumps untreated
wastewater through a wastewater pressure facility to another wastewater
pressure facility, a wastewater collection facility or directly to a
wastewater treatment plant.
Wastewater Facilities, Service Lateral. In wastewater collection facilities
a service lateral is a small pipe that branches from a larger pipe to a
Ccustomer's property line thereby providing a point of collection into the
collection facility. A lateral is normally sized four inches in diameter or
larger.
Wastewater Treatment Plant. Those facilities used to treat wastewater and
dispose of effluent and serge-hi~~~~~ldsincluding, but not limited to
clarifiers, aerators, digesters, filters, storage tanks, percolation-evaporation
ponds, spray irrigation fields, direct discharge pipes, illjzction ~~~11~. etc.
Well. The physical structure, facility or device at and below the land
surface from or through which groundwater flows or is pumped from
subsurface, water-bearing formations.
Wellfield. An area containing one or more wells contributing water to a
public ~~otable water system as defined by applicable environmental
regulation.
SECTION 7 -CAPACITY ASSESSMENT UNIT PROGRAM
A. PROPOSED DEVELOPMENT
Property eOwners that enter into an SDA with the District may request the
District initiate a Capacity Assessment Unit ("CAU") to finance the payment of
connection fees, guaranteed revenues fees and such ~P~backbone facilities
required to be funded by the Property Owner pursuant to the terms of the SDA. If the
District determines to permit the Property Owner to enter the CAU Program, the District
shall bring the proposed improvement project for public hearing in accordance with legal
requirements.
All costs relating to the CAU, including, but not limited to program administrative
fees and financing costs at 5% of total assessment amount, and, where ~as~e~
~n-n-e~backbone facilities are included in the CAU, surveying, drafting, engineering,
permitting, construction. inspection, administration and obtaining and verifying
easements, shall be included in the improvement project. Inspection fees shall be
District Utility Extension Policy Page 23
October 23, 2012
assessed at 2% of construction costs. Construction project administration fees shall be
assessed at 5% of construction costs. All other costs will be based upon actual costs
incurred. A construction contingency of 10% of construction costs shall be provided
under the assessment established at the public hearing, with unused contingencies and
construction under-runs to be credited by amending resolution.
At least twenty (20) days prior to the public hearing, the District shall notice the
public hearing by mail and by publication in a newspaper generally circulated within the
~p~-x-b-~e County. The notice by mail shall be sent to each person owning property
subject to the assessment and shall include the following information:
(1) the purpose of the assessment;
(2) the total amount to be levied against each parcel;
(3) the unit of measurement to be applied against each parcel to determine the
assessment:
(4) the number of units contained within each parcel;
(5) the total revenue the District will collect by the assessment:
(6) a statement that failure to pay the assessment will cause a tax certificate to
be issued against the property which may result in loss of title;
(7) a statement that all affected property owners have a right to appear at the ';
hearing and to file written objections with the District Board prior to or ',
during the public hearing; and ''
(8) the date, time, and place of the public hearing.
The published notice shall contain at least the following information:
(1) a reference to the District Board;
(2) a geographic depiction of the properties subject to the assessment;
(3) the proposed schedule of the assessment;
(4) the fact that the assessment will be collected by the tax collector; and
(5) a statement that all affected property owners have the right to appear at the
public hearing and the right to file written objections prior to or during the
public hearing.
District Utility Extension Policy Page 2d
October 23. 2012
Upon confirmation of the assessment resolution by the District Board, a lien shall
be placed on each benefited property. The assessment resolution and roll shall be
recorded by the oun ~ Clerk and the same shall constitute a lien against the assessed
property. The Coun ~ Clerk shall notify each Property Owner of the lien.
The payment period for special assessments shall be ?9_l_0 to ~?Q years. as
determined by the District Board. Special assessments shall bear interest at the rate of
6'/2 % per annum, or such other interest rate as determined by the District Board from
time to time, from the date of notification by the Clerk following completion of
construction and shall be payable in equal annual payments with the first installment
billed on the first property tax bill following the date of notification or billed directly to
the Property Owner. Assessments may be paid in full without interest within 30 days of
notification of final completion of the special assessment project by the Coun ~ Clerk.
B. EXISTING DEVELOPED AREAS
Property Owners in existing developed areas desiring pPotable w«_ater,
Reclaimed w\~ ater or w~~ astewater service may request from the District petition forms
for the initiation of a CAU to finance the capital improvements necessary to provide such
service. The petition form shall include:
(1) a description of the proposed improvement;
(2) a statement from the petitioners requesting that the improvement be
constructed:
(3) a statement recognizing that the District Board will make the
determination of special assessments at a public hearing;
(4) an estimated cost of the assessment based on the average cost of similar
improvements and the method of assessment; and
(5) a statement that the petitioners agree to be assessed for the actual costs of
construction of the improvements, including other allowable incidental
costs.
The petitioning process is solely used to gauge the interest of Property Owners in
receiving pi'otable w~~ ater, w:«~astewater and/or rReclaimed w~~~ater service. Petition
forms are for general informational purposes only and shall not preclude the District from
modifying the geographic boundaries of an improvement project prior to providing the
required notices of the public hearing.
Upon receipt of petition forms from a majority of the Property Owners in favor of
the requested improvements, the District shall determine if sufficient right-of--way and/or
easements exist for the proposed improvements. If sufficient right-of--way and/or
easements do not exist, the District ~lma~. endeavor to obtain the required right-of--way
District Utility Extension Policy Page 25
October 23. 201?
and/or easements to accommodate the proposed improvements. The District may verify
signatures on the petition forms with information in the public records. ',
The District may bring the proposed improvement project for public hearing in
accordance with legal requirements upon receipt of petition forms from a majority of the
Property Owners in favor of the requested improvements and if sufficient right-of--way or
easements exist or can be can be reasonably obtained. The District may proceed with
surveying, drafting, engineering, obtaining and verifying easements, permitting and
obtaining construction bids for the improvements prior the public hearing. The District
may bid each project separately or may utilize a continuing unit price construction
contract established for this purpose. Notwithstanding the petition process, the District
shall retain the authority to undertake an improvement projects with less than a majority
of the Property Owners in favor of the improvements. In addition, the District may
undertake an improvement project in the absence of a landowner petition.
All costs relating to the CAU, including, but not limited to program administrative
fees and financing costs at 5% of total assessment amount, and, where master planned
facilities are included in the CAU, surveying, drafting, engineering, permitting,
construction, inspection, administration and obtaining and verifying easements, shall be
included in the improvement project. Inspection fees shall be assessed at 2% of
construction costs. Construction project administration fees shall be assessed at 5% of
construction costs. All other costs will be based upon actual costs incurred. A
construction contingency of 10% of construction costs shall be provided under the
assessment established at the public hearing, with unused contingencies and construction
under-runs to be credited by amending resolution. All facilities to be constructed shall be
designed in accordance with the District standards and shall meet all other applicable
standards, including provision for fire protection.
The District may hold an informational meeting prior to the public hearing. At
the informational meeting, the District staff will explain the proposed improvements,
tentative assessment to each property, and the applicable procedures to be followed.
Notice for the informational meeting shall be mailed by regular mail to each Property
Owner no less than ten (10) days prior to the informational meeting date.
In lieu of an informational meeting, the District may provide a comprehensive and
detailed explanation of the proposed improvements and tentative assessments to all
owners of property to be specially benefited. The information shall be mailed by regular
mail to each of the Property Owners no less than ten (10) days prior to the public hearing.
At least twenty (20) days prior to the public hearing, the District shall notice the
public hearing by mail and by publication in a newspaper generally circulated within the
a-p~k~a-fie County. The notice by mail shall be sent to each person owning property
subject to the assessment and shall include the following information:
(1) the purpose of the assessment;
District Utility Extension Policy Paoe 26
October 23, 2012
(2) the total amount to be levied against each parcel;
(3) the unit of measurement to be applied against each parcel to determine the
assessment:
(4) the number of units contained within each parcel;
(7) the total revenue the District will collect by the assessment;
(S) a statement that failure to pay the assessment will cause a tax certificate to
be issued against the property which may result in loss of title;
(7) a statement that all affected property owners have a right to appear at the
hearing and to file written objections with the District Board prior to or
during the public hearing: and
(8) the date, time, and place of the public hearing.
The published notice shall contain at least the following information:
(1) a reference to the District Board;
(2) a geographic depiction of the properties subject to the assessment;
(3) the proposed schedule of the assessment;
(4) the fact that the assessment will be collected by the tax collector; and
(~) a statement that all affected property owners have the right to appear at the
public hearing and the right to file written objections prior to or during the
public hearing.
Upon confirmation of the assessment resolution by the District Board, a lien shall
be placed on each benefited property. The assessment resolution and roll shall be
recorded by the Coun Clerk and the same shall constitute a lien against the assessed
property. The Coun Clerk shall notify each Property Owner of the lien.
Property Owners are responsible for all improvements on their side of the Point of
Service, including all permits and fees. When connecting to the District's potable water
system, the Property Owner shall permanently disconnect all wells from the plumbing
leading to or inside the house or building. The wells may be used for landscape irrigation
only, except where prohibited herein. When connecting to the wastewater system, the
Property Owner shall abandon existing septic tanks in accordance with all Federal, State
and local laws, rules and regulations.
District Utility Extension Policy Page 27
October 23, 2012
The payment period for special assessments shall be X910 to X91 ~ years, as
determined by the District Board. Special assessments shall bear interest at the rate of
6`/z % per annum, or such other interest rate as determined by the District Board from
time to time, from the date of notification by the pun Clerk following completion of
construction and shall be payable in equal annual payments with the first installment
billed on the first property tax bill following the date of notification. Assessments may
be paid in full without interest within 30 days of notification of final completion of the
special assessment project by the Coun ~ Clerk.
SECTION 8 -DEFERRED PAYMENT PLAN SERVICE INITIATION FEES
Property Owners desiring to convert existing wells and/or septic tanks to the District
PPotable w«rater and/or w«=astewater €iacilities and/or connect existing developments
to the District's Reclaimed Water Distribution System, may make application for a
Deferred Payment Plan (_Plan_), subject to the District's approval. This Plan may be
selected if the service is readily available to service the property. The Property Owner
participating in the Plan shall agree to the terms as set forth in the Certificate of
Indebtedness, the Plan Application, and *'~° n;°*~:°* c°...-;°° °~a ~°*°~_;°~ n°':°:°°
,"
the UPAP. A Certificate of Indebtedness shall be recorded by the
Clerk and shall become a lien upon the property superior to all liens, titles, and claims
except Federal and State taxes.
The payment period for the Service Initiation Fees under the Plan shall be as follows:
• Potable water and reclaimed water service - fig,- years
• Multiple services concurrently requested, including potable water, wastewater, ~~~-
reclaimed water. ~ ~g. °r a...,;„~g° -?9~ years
• Wastewater services -?9~ years
• "~c^~erol~K~te~-e~~ef~i-t~ed~~er-~e~riEe;-~3a•-;^~ ^"' '~"";"^~° ""ear-~pe~iAl
~.,,.,,.°.~., .a°r° °~ l,. rt,° il;~rr ,.r R~, r.a ..r; .;tl, rt,° >1° ~,-r,,-, ,,r
~ -
The Service Initiation Fees ~ _-~GRF_ Connection Fees. Seri-ice .-~«reemznt Fee. latzral
cost. ztc.l may be paid m full without interest within 30 days from the date of the
Deferred Payment Application. All Deferred Payment Plans shall bear interest at a rate
of 6'/z% per annum, or such other interest rate as determined by the District Board from
time to time, from the date of Service Initiation and shall be payable in equal monthly
payments over the payment period. All Deferred Payment monthly installments shall be
included in the Property Owner's monthly utility bill. Failure to pay any portion of the
utility bill, including the Deferred Payment installment of principal or interest, when due
shall result in a late fee; including interest. The District s#allmav discontinue pPotable
w:`t-ater, rReclaimed w« ater, and wl~-astewater service to the property benefiting from
the Plan if any portion of the monthly utility bill, including Deferred Payment Fees.
b
-is not maid when due as provided in the USP.
District Utility Extension Policy Page 28
October 23, 2012
SECTION 9 -SERVICE TEMPORARILY PROVIDED BY ANOTHER UTILITY
Circumstances occasionally may arise that merit consideration of temporary provision of
utility service to a property by the Property Owner or a utility other than the District
which will be the permanent or future purveyor of service. The following policy
statements shall govern consideration and implementation of such requests by the
District subiect to District annroval:
1. The length of time proposed for temporary service shall be mutually agreed upon by
the parties.
2. There shall be an agreement executed by the utilities involved and the benefiting
Property Owner outlining the terms of the temporary service arrangement.
3. The design and construction standards ~~1~_the District shall govern the quality of
~tacilities installed. However, specific requests of the temporary purveyor for
variations in these standards may be considered.
4. The approved construction plans shall facilitate eventual transfer of service. The
plans shall be ~l~~i~an_~~i h~_an erl~in,:crn~a til-~1} in t11~ 1)itrict C~mtract l.iht~ar~ anal
approved by both purveyors. l~h~ Prc~~rt~ (~~~ncr shall be responsible for all
di~l~~ledb~~ enL'ltleerln~'. Sllt'\ ~~ Ind`. plan l'e~ lei\. anal li1~t~~CTli?n leeC.
5. The benefiting Property Owner shall pay all appropriate fees for inspection, plan
revision and meter installation to both purveyors as may be specified. The benefiting
Property Owner shall also pay the District all appropriate connection fees and other
contractually required fees or charges as necessary in addition to any such fees or
charges justified and mandated by the temporary purveyor. The benefiting Property
Owner shall pay additional fees/charges to the extent that duplicate services would
have been provided. There shall be no credits granted to the Property Owner for any
such duplication.
6. The Agreement shall provide the basis for concluding the temporary service
arrangement at the designated time.
7. No temporary service agreement shall be approved if it would serve the purpose of
delaying the extension of the District ~tacilities to an area, but rather shall only be
approved if no original provision of service was specified, or if such temporary
service speeds initiation of service to a project pending delivery of service. Once the
District has made service available to the Property Owner, the Property Owner shall
disconnect from the temnorarv service nrovider and connect to the District.
SECTION 10 - ON-SITE RECLAIMED WATER REQUIREMENT
District Utility Extension Policy Page 29
October 23, 2012
The District requires the use of rReclaimed w`~-ater for new development ^° °~~n
belew~and strongly recommends Reclaimed w«rater service for existing utility
customers that do not currently utilize rKeclaimed w:~~ ater service. Reclaimed w~~ ater
- ---- ---
service promotes water conservation and avoids the use of potable water for irrigation
purposes. Reclainl«l ~~-atzr currently i~ n~~t a. ailahl~ f~i~r ~in~_~1~ tamil~ h~nnz,.
1. Mandatorv Use of Reclaimed Water:
The use of rReclaimed w~~ ater for irrigation is mandatory for all new D~ievelopment.
The Property Owner of su-i~new ~~levelopment shall design and construct an on-site
reclaimed water irrigation system as set forth in m-is~S-1', the ~£~UPAP, and
t#epursuant to a Standard Reclaimed Water Development Agreement ("SRWDA").
Such design shall be based upon the delivery by the District of rReclaimed w~~~ater to a
Property Owner on-site water storage facility (lake, pond, contained canal or bermed
area) at which will be located a reclaimed water metering facility which shall be the
customer point of connection, and from which Property Owner will distribute and dispose
of the reclaimed water throughout its Property. Such design shall incorporate w-et-
w-eather receipt and discharge of the reclaimed water on the Property.
Each Property Owner shall be required to purchase and use, at such time and in such
quantities as determined by the District a volume of rReclaimed w\~ ater equal to ei~~ht~
~~crccnt (~~)° ~~) c~fthe volume of w~~"astewater d~~delivered to the District
wastewater facilities from the Property on an equivalent average basis as determined by
the Utility Director. If the District reclaimed water facilities are available at the time the
Property connects to the District water and wastewater system, then the Property Owner
shall connect the on-site reclaimed water system to the District reclaimed water system.
If reclaimed water is not available to the Property at the time the new Ddevelopment
connects its on-site water and wastewater systems to the District, then the Property
Owner shall provide required stub-out facilities sufficient to connect the on-site
reclaimed water system with the District reclaimed water system when the District
reclaimed water system is extended to the Property. The District shall connect the on-site
reclaimed water system to the District reclaimed water system when available and shall
notify the Property Owner that such connection has been made and that the Property
Owner's obligation to use rKeclaimed w:~~~ater has commenced.
2. Commitment to Provide Reclaimed Water:
The District shall use its best efforts to obtain a supply of rReclaimed w«rater to provide
for the rReclaimed w~~ ater demands of each Property, provided, however, that the
District makes no representation or guarantee that adequate supplies of rReclaimed
w:~t-ater will be available to any given Property at any given time, and further provided
such efforts are financially and technically feasible. The District reserves the right to
allocate available capacity among the several Property Owners to the end that a fair
distribution of such capacity is accomplished and that no Property Owner shall preempt
others from the reasonable opportunity to obtain such capacity when the same is required
by such Property Owners in the near-term future. To the extent that the District cannot
District Utility Extension Policy Page 30
October 23, 2012
provide sufficient reclaimed water supply to meet the full requirements of a Property
Owner, the Property Owner may supplement the reclaimed water supply with other
available water supplies, provided that such use does not interfere with the obligation of
Property Owner to use and dispose of the volume of reclaimed water equal to the volume
of wastewater discharged from the Property.
3. Reclaimed Water System Requirements:
a. Property Owner Facilities. The Property Owner s«-ill install and maintain
an underground rt~eclaimed w_~~=.ater irrigation system of low-trajectory spray heads
that is controlled by electrical timers and valves and rain ~au~es. Such irrigation
system may be designed for dual application of alternative water supplies, with
appropriate back-flow prevention and cross-connection protection devices as
approved by the Utility Director. The r.~eclaimed w~~~ater supply shall not enter any
building containing a dwelling unit, except in accordance with f DEP rules and
regulations. No above ground hose bibbs will be allowed on the rP eclaimed
w`~~~ater system. All ~i<eclaimed w~~rater hose bibbs must be installed in locked
boxes located below grade and must be colored and marked in accordance with
I-DEP rules and regulations.
b. Standards. The following standards shall be strictly adhered to in the design,
construction and operation of all rl:eclaimed «~at::r_ irrigation systems: UEP,
Di~n-ict~~ ~ on~trl~ctiun Stand ird~ a~ amzndea ti"o1n time t~~ timz. Rule 62-610,
Florida Administrative Code, as amended from time to time, l~ DEP rules,
regulations and policies, Plumbing Code of the Southern Standard Building Code
Congress International, Inc., latest edition as amended from time to time.
c. Public Notification and Signage. Adequate signs in compliance with I-~DEP
rules and regulations shall be posted throughout the rReclaimed wtt"ater irrigation
system to inform the public that nonpotable Reclaimed w~~ ater is being used for
irrigation. These signs must be routinely visible to residents and guests of the
Property. A minimum of one sign per Property or one sign per irrigated acre,
whichever is greater, shall be posted. The signs, to be posted at the entrances to
irrigated areas and at appropriate intervals, shall state, at a minimum, "Reclaimed
Water Irrigation Area", "Landscaping Irrigated with Reclaimed Water',
"Reclaimed Water - Do Not Drink" or similar text. Minimum height of lettering on
the signs shall be one inch. Lettering shall be purple on a contrasting background.
For hose bibbs, the sign shall be on the cover of the below grade box in letters at
least 0.5 inch high or a purple plastic bag containing the warning language in
contrasting letters that are at least 0.25 inch high shall be permanently attached to
the bibb inside the box. All piping, valve boxes, hose bibb boxes, and above
ground fittings and valves shall be purple.
d. Cr~~s; ~'~~ni:ectic~n. Pr~~rert~ O~~ner~ utilizin~_ Re~lainl«l «~ater shall n~~t
dir~ctl~ ~~r indir~~tl~ c~,nu~ct th~il- Re~laimzcl ~~~ater stst~m to their I'~,tabl~ ~t~at~r
S~ ste11~. -- -
District Utility Extension Policy Page 31
October 23, 201?
t_.__Compliance. Failure to comply with the Reclaimed Water System
Requirements and all I DEP reclaimed water rules and regulations shall be grounds
for the District to discontinue w«~ater, w~l astewater and rReclaimed w:~t-ater
service to the Property, until the Property Owner comes into compliance. Property
Owners that do not use the minimum volume of Reclaimed w~~ ater during a
monthly billing cycle may be assessed ache minimum charge for each thousand
gallons of rReclaimed ~« ater use below the minimum as provided in the USP.
~main~izr ~~f ~~~,r~ int~nti~~nall~ left hlanl:~
District Utility Extension Policy Page 32
October 23, 2012
~TILITI~ E~TF.~SIO\ POLICI~
~PPRO~`ED ~\D ~DOPTEll
E~HII3lTS .a\I) ST'.~\D.~Rll FORMS
(a~ mug he anaende~I from tin3e to tinie>
District Utility Extension Policy Pa°e >;
October 23, 201?
DEVELOPMENT AGREEMENT DOCUMENTS
EXHIBIT "A" Tracking Sheet and A~;ailability Status Letter
EXHIBIT "B" Instructions for Standard Potable b'e'ater Wastewater and Reclaimed Water
Development Agreements
EXHIBIT "C" Data sheet for ERC/ERIC Determination
EXHIBIT "D" _ Corporate Resolution,
EXHIBIT "E° Consent and Joinder of Mortgage/Lienholder
EXHIBIT "F" Standard Potable b~Jater, Wastewater and Reclaimed Water De
agreement
EXHIBIT "G" Standard Reclaimed b~iater Development A. rr; Bement
EXHIBIT "H" Assignment and Acknowledgement of Operation and Maintenance for ',
On-site Reclaimed bVater Irrigation S~~~stem
EXHIBIT "I" Acknowledgement and Assignment of Reserved (Excludes Pre-Paid ',
Connections) Equi_~~alent Rzsidential Connections and Corresponding Terms ',
of the Standard Development Agreement
EXHIBIT "J" A.ckno~wledgement and Assignment of Pre-Paid Connections and
Corresponding Terms of the Standard Water, Wastewater and Reclaimed
bVater Development Agreement
EXHIBIT "K" Notice of Termination and Partial Release of Standard (Potable Water,
Wastewater and Reclaimed bVater) Development Agreement Due to Non-
Renewal ~'
EXHIBIT "L" Amendment to Standard (Potable Water, Wastewater and Reclaimed bVater)
Development_Agreement Due to Increase in Ca _acit _Eq_ual to or Less Than
__ _ ----- - -------- - --- -p Y - ------
Ten_Percent _~10!)__of_ the__Ori~ir~l_ Ca.pacity.. Rese.rv_ation__or Ten__(101
fERCs/ERICsI. Whichever is Greater
EXHIBIT "1~;1" Termination and Release of Standard (Potable Water, Wastewater and
Reclaimed bVater) Development Due to Zoning Denial/Withdrawal
EXHIBIT "N" Protect Close Out_Documents ',
EXHIBIT "O" Bill of Sale
EXHIBIT "P° Attachment to Bill of Sale
District Utility Extension Policy Page 3d
October 23, 2012
EXHIBIT "Q" Property Owner's No Lien Affidavit
EXHIBIT "R"~ Instructions _and ~,rlinimum Requirements for Preparing Easement
Dccuments, Leal Descriptions and Sketches
EXHIBIT "S° Uti!ity.Easements and Consent and Joinder of Mort~aQee
EXHIBIT "T" Instructions for Indemnity A~reemen
EXHIBIT "U" Indemnit~~ A.~reement
EXHIBIT "V" Claim of Lien for Utility Service
EXHIBIT "bV" Public ~~later Supply Wellsite Easemen
;<" Standard Potable Water and Waste.+.~ater Rene:val A~reeme~~t
EXHIBIT "Y" Standard Reclaimed Water Renel~y~al Agreement
~ r~~?la~n~!~r ~,+ t~a_~ intri~tirnall~ lci~t hl~:nl:l
District Utility Extension Policy Page 35
October 23, 201?
E\HII3IT ".a•-
St. Lucie Counri L tilities Project Tracking Document ',
application for \e~~ tier~~iceiSingle Famil~~/~Iulti Famil~~/Commercial ~I
Please complete this form and supply- all applicable requested information: ~!
Project dame _ ',
tPlease contact SLCC should the name of the project change prior to completion of the project) ~'~
Location (physical address) '~
Plat Lot Block
Title Holder of Property:
Tie of usar;e:
Sinr_le Famit.~: ~~ titer Seder Reuse Potahle water irri«ation Humber of Lots Commo~
area,
Multi Farnil~: 1~ater Sep+er Reuse Potable water irrigation tiumber of Lots Gxnmo~l
areas
Cornrnercial: ~1~ater Sewer Reuse Potable water irrirration ~iumher of Lots Comrno
areas
T~~pe of Commercial establishment: ~~
~1 ill this project he completed in phases" V'O IES If 1ES..Aumber of Phases
Phase 1 ~~o. l-nits Date ser~~ice required: ~i~ater Sewer irri«ation ~~~
Phase 2 V'o. Cnits Date service regnired: eater Sewer irri«ation ~I
Phase 3 \o. l~nits Date service regnired: ~~~ater Sewer irri~r•ation ~',
Phase -t \o. L nits Date service required: «~ater Sewer irriQatiou
Project contact information:
tiame: Title:
'~
E-mail address:
Company: Phone: Fay
.address: ~'~
Submit to St. Lucie County l tilities. 2300 ~~irr~inia .a~ enue. Fort Pierce. FL 3~9t3? alonr~ with the
fullo~rin~:
529~.f10 Processing Fee• Legal Description of Property. Four (-t) sets of p
roposed utility plans ~I
identifying all onsite and offsite waterse~~er-reuse utilit~~ infrastructure. Engineer's certified ii
cnnctrnr•tinn nna rctimntN anri Prnivr•t I nr•„rinn tl•,n IrrirT•,Nnn Ilnci,in PI•,n •, ,.i u~.,.,.-+
Water Meter Sizes %" 1" 1-1 2" 2" 4" 6" 8" Other
Potable Water Meters Required
Reuse Water Meters Required
a title search or title commitment ~~ill be required from the Property Owner prior to the prep•u•ation
of an agreement from St. Lucie Count. l~tilities to prop ide the requested utilit~~ sen ice.
District Utility Extension Policy Page 36
October 23, 2012
EIFIIBIT ••.~" CO\TI\TED
UTILITY SERVICE AVAILABILITY STATUS LETTER (example)
You have requested >Ih~St. Lucie County {~#e ''Water and Wastewater Utility District (the
"District"), to provide you a utility service availability status letter regarding the
Qis~i~.t's water and wastewater utility system. You own or control property as generally
described on Attachment A to this letter (the '`Property'). Your Property lies within the areas of
St. Lucie County that may be served by the I?1sLCiC~. Please note that the provision and
availability of utility service by the rDistrict is governed by the ~
i~^~~~District's Utility Policies and Procedures. including the Utility Service and
Extension Policies and Rate Resolutions, (the "Utility Governing Documents"). The Utility
Governing Documents are incorporated in and made a part of this letter and shall control any
inconsistencies between this letter and the Utility Governing Documents. Please read the Utility
Governing Documents carefully with your legal adviser to understand the process for obtaining a
utility service commitment from the TrDistrict.
This utility service availability letter is intended to provide anon-binding statement of
the current status of utility service availability in the areas of St. Lucie County that may be
served by the L~-t~li~y~. [lt~_ahhli~~ihl~;The Lt~District currently has a Bulk Service
Agreement with the Ft,,rt: Pierce Utility Authority (the "FPUA") to provide water supply and
treatment and wastewater treatment and disposal utility capacity to the rDistrict, as
available as determined by the FPUA. The terms of the Bulk Service Agreement are
incorporated in and made a part of this letter. FPUA has represented to the LtyDistrict that it
currently has in excess of ~-t~-i~e~= gallons per day of water and wastewater capacity available
in its utility system for new customers.1
The rDistrict currently has utility lines in the vicinity of your Property as generally
described on Attachment B to this letter. At the current time, these utility lines have available
capacity.
This letter is not a reservation of utility capacity and may not be relied un_ on b~vou as a
~nresentation from the District to you as to the availability of utility service to your
Pri' In order to reserve capacity to serve your Property, you will need to execute a
standard developer agreement with the iTDistrict in accordance with the Utility Governing
Documents. The ~~District makes no representation to you that utility plant or line capacity
will be available for your Property at the time you request a reservation of utility capacity for
your Property or request utility service to your Property. This letter does not bind the
r r~yDistrict to provide utility service to your Property.
St. Lucie County
By: x;r;i.,, u,... ~..~
Its: gUtility Director, or designee
District Utility Extension Policy Page 37
October 23, 2012
E-.XHIBIT "OE3"
INSTRUCTIONS FOR STANDARD POTABLE WATER. ~P-WASTEWATER.:-I_~D
RECI_. t LtIF_~D it _-] TI'R DL~ t "T_ L OP.tIC ~-T _-I GRF_ F..tIE.~-TS
.~tter__the c,mE,let«i Data sheet i, received by the Di~u-ict. int~7rtuati~7n reviewed. and ERC`;
__ _
__
C~~nt11~11eC1. a ~D ~ \\111 he_~71'~~\l~ied I~~ the h1'~~17ZCI\ ~)\\ne['.
- __ _ _ -
All of the following instructions must be accurately satisfied to allow Spa ~ ~
District to accept your- ~ -~~SDA for approval. The applicant does not have a service
commitment until the '- b;-~rt~D~ is approved~nd executed by the Dictrict and all
fees and cha ec are naid by th annli an .
SUBMIT THREE (3) ORIGINAL REDLINES OF THE AGREEMENT, EACH WITH
ORIGINAL SIGNATURES ONLY.
1. Leave the date blank. It will be filled in upon execution by the District.
2. The contracting party MUST be the owner of the property included in the SDA.
SIGNATURE PAGE
THIS IS THE MOST IMPORTANT PAGE. IT INDICATES THAT THE
CONTRACTING PARTY AGREES WITH ALL THE PROVISIONS OF THE
AGREEMENT.
1. Two different people must witness the Property Owner's signature.
2. If a corporation, please provide the full corporate name and state of incorporation, i.e.,
SUNSHINE STATE CORPORATION, a Florida corporation.
3. If a corporation, the President or Vice President signing on behalf of the corporation is
preferred.
4. If the entity is a Partnership; all partners must sign unless the Partnership Agreement
submitted to the Dictrict and indicates otherwise.
5. When signing as an officer of the Partnership, please indicate your title after your name, i.e.,
Larry Snow, General Partner.
6. The Corporate Seal must also be affixed to the Agreement.
7. In completing the Notary acknowledgment, please make sure your title also appears after
your name. If an individual, please strike through any inapplicable language in the
acknowledgment. Please indicate if individual is personally known or has furnished
identification.
8. Please make certain the Notary affixes their seal and indicates the expiration date of their
Commission.
District Utility Extension Policy Page 38
October 23, 2012
9. Provide a COMPLETE legal description of the property to be encumbered by the SDA as
Exhibit "A".
ADDITIONALLY, THE FOLLOWING DOCUMENTS MUST ALSO BE PROVIDED:
1. 9ne-T~~~~_(-)-,) copyi~~ of the legal description and survey which must have been previously
certified by a Registered Land Surveyor, in addition to the legal description required for
Exhibit "A".
2. For a Corporation, enet~~ ~~ ~ - ~ -copyie~ of (a) and t b) ~~t the following items is required:
(a) a corporate resolution authorizing the appropriate officer or agent to sign the SDA (one
original).
(b) a corporate seal must be affixed near the authorized signature on the resolution, described
above, as well as on the Agreement.
(c) a current officer listing from the Florida Secretary of State (one copy).
3. 9neT~~_~i (~') originals of a properly executed mortgagee consent and joinder and form or a
letter from an attorney licensed to do business in Florida confirming clear title for any
property without a mortgage or lien.
4. Partnership, joint venture, and/or trust agreements, as applicable (enet« ~~ copy~~~).
5. The Mandatory Agreement Payment must accompany the Agreement.
6. A-I-~~_~,~ (, ~ copyi~> of the owner's recorded warranty deed to the property.
7. A Title Policy for the benefit of the District should be delivered to the District upon
conveyance of an easement, where applicable.
FOR USE IN EXECUTION OF CONSENT OF MORTGAGEE/LIENHOLDER
Fill in exact name(s) of party executing, exactly as on original mortgage, i.e., full corporate
name, both husband and wife.
2. Name of parties of mortgage.
3. Date of mortgage.
4. Filing date of mortgage.
5. Book and page of mortgage.
6. Any modification agreements.
7. All parties of mortgagee. (Same as # 1)
8. All parties signatures and/or corporate seals. Need two separate witnesses.
9. Acknowledgment -Fill in date of execution and all names and/or title. Notary's name, affix
seal and expiration date of commission.
District Utility Extension Policy Page 39
October 23, 2012
10. Cross out any inapplicable language in notary acknowledgment.
F:AHIBIT~ ••13" cont.
PLEASE CALL TO MAKE AN APPOINTMENT OR RETURN COMPLETED
PACKAGE TO:
ST. Li~CIE COI-NTH- ~~~_~TER .A\D ~~~_~STE«~_~TER t TILITI~ DISTRICT
l TILL"1~1 DIRECTOR
2300 ~"irainia _a~~enue ~!
Eort fierce, EL 3-1942 ~'
(??2) 462-11?~ ~,
District Utility Extension Policy Page 40
October 23, 2012
F.~HIBIT "BC..
DATA SHEET FOR ERC/ERIC DETERMINATION
Project N
Developer:
Owner's Name (Must be exactly as on recorded warranty deed):
(Must submit a copy of recorded warranty deed)
Owner's Mailing Address:
nevP ner's Mailing Addrecc•
Project Location: (Not Street Address):
Section
Township
Range
ATTACH A LISTING OF PROPERTY CONTROL NUMBERS (PCN) FOR ALL
PROPERTY TO BE COVERED BY THE STANDARD DEVELOPMENT AGREEMENT.
Please check the appropriate spaces and fill in the applicable blanks for your particular project.
The information required below is to determine the number of Equivalent Residential
Connections (ERCs) for use in the Standard Development Agreement and to correspond with
information provided on your plans.
A SITE PLAN MUST BE SUBMITTED SHOWING Al'1'-ROP-Ri-~=1~APPROtI~IA"I~I~:
BUILDING AREAS AND FEATURES.
The above project is: Non-Residential Residential Mixed t-se
Type of service: Potable Water Wastewater Reclaimed Water
I. If Non-Residential: Total square footage is
Below, please check applicable non-residential uses for your project:
Beauty/Barber Shops Sq. footage Meter size
Laundromat Sq. footage Meter size
Gas/Service Station Sq. footage Meter size
Car Wash Yes No
Hospital # of beds Sq. footage Meter size
HoteUMotel # of rooms Sq. footage Meter size
District Utility Extension Policy Page 41
October 23, 201?
Nursing Home # of beds Sq. footage Meter size
Office Building Sq. footage Meter size
Food Service Sq. footage Meter size
(i.e., bars, restaurants, etc.)
Boarding School Sq. footage Meter size
Day School Sq. footage Meter size
Factory Sq. footage Meter size
(process water requirements)
General Commercial Sq. footage Meter size
Movie Theater/Auditorium Sq. footage Meter size
Religious Institution Sq. footage Meter size
Warehouse Sq. footage Meter size
(mini-warehouse, dead storage)
Warehouse Sq
(bulk inventory, supply)
Warehouse Sq
(office-commercial, subdivision)
II. If Residential:
2
Number of dwelling units:-
individual or master meters:
Clubhouse: Yes
If more than 1, how many?_
3. Restaurant (banquet hall) Sq. footage
4. Guardhouse: Yec No Si a of met r•
If more than 1, how manv?
5. Restroom facilities: Yec No i e of meter•
If more than L how manv?
III. It Reclaimed ~~ ater ~~r Crnu»er~ial frri,~ati~~n deter:
1. _ 1 ar~d~~ 1 ~in~ end ~~ it~i inter Plan
IV. Other uses or comments:
(Title) of
footage Meter size
footage
size
Sizes of meter(s):
No Size of meter:
the undersign
__
(Developer/Owner/Agent)
hereby affirm the truth to the above statement and calculations to the best of my knowledge.
District Utility Extension Policy Page 42
October 23, 201?
Signed:
Address:
OFFICE USE ONLY
ERC Calculation by the District:
Area # or GI
Bv: Date:
District Utility Extension Policy Page 43
October 23, 201?
E_l"HIBIT ••D"
CORPORATE RESOLUTION
The undersigned
OFFICER'S NAME
as
of
TITLE OF OFFICER CORPORATION NAME
,a
corporation, hereby certifies that at a special meeting of the
Board of Directors of said corporation, which was duly called and held on the day of
with a quorum present and voting, the following resolution was enacted and
is still in full force and effect:
"RESOLVED that , as , of said
Corporation is authorized, empowered and directed to execute the Standard
ater. Wastewater and R laim d Wat r Development Agreement(s) and all
necessary related document(s), easement(s), assignment(s), transfer(s),
amendment(s), or indemnity agreement(s) thereto pertaining to potable water,
wastewater and/or reclaimed water between
and th.~St. Lucie County Water and
I further certify that the foregoing resolution is in conformity with the Articles of
Incorporation and the By-laws of the corporation and that there are no provisions in said Articles
of Incorporation or By-laws which limit the power of the Board of Directors to enact the
foregoing resolution or grant the authority expressed therein.
I further certify that this corporation is in good standing with all license, income and
franchise taxes paid, and no proceeding for the dissolution or liquidation of this corporation is in
effect.
Executed this day of , 20 (SEAL)
Bv:
Signature
Corporate Title
Typed or Printed Name
District Utility Extension Policy Page 44
October 23, 2012 `~
EXHIBIT "FE"
CONSENT AND JOINDER OF MORTGAGEE/LIENHOLDER
existing under the laws of the State of
Corporation,
and authorized to do business in the
State of Florida, hereby certifies that it is the mortgage / lienholder under a mortgage from
a
corporation, dated .filed
and recorded in Official Record Book ,Page, as modified by Mortgage Modification
Agreement dated .filed and recorded in Official Record Book
Page ,all in the Public Records of St. Lucie County. Florida, and hereby consents to and
joins in the execution of the Standard Water Wastewater and Reclaime Water Agreement
between St. Lucie County Water and Wastewater Utility District and._
for the provision of potable water, wastewater, ands reclaimed water
service to the property described in Exhibit "A" to the Agreement (the "SDA"1 and further
consents to and joins in the granting of utility easements to th.~St. Lucie County Water and
Wastewater Utility District as provided for in the aforesaid;rtSDA with St. Lucie
Count} Water and Wastewater Utiliri~ Distric .
as mortgagee aforesaid, consents to the recording
ti.. c*, i ••~:~ r-„•,..+.~ in the Public Records of St Lucie County, Florida; of the ~~t~A.
IN WITNESS WHEREOF, the undersigned has executed this instrument on this day of
~0
WITNESSES:
a
Print Name: authorized to do
business in the State of Florida.
Print Nam
By:
D.. :.7....f
~n
ItS
Typed or Printed Name
District Utility Extension Policy Page 45
October 23, 2012
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_,
by of
a __
c-e~e~ie~, on behalf of the ~e~t}tie+~ He/she is personally known to me or has
produced as identification.
Signature of Notary
Typed, Printed, or Stamped Name of Notary
Serial Number
District Utility Extension Policy Page 46
October 23, 201?
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EXHIBIT "~F"
Prepared by and Return to
St Lucie County Water and Wastewater tility District
Attn: District t Tility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
STANDARD POTABLE WATER~#B3 WASTEWATER AND R_FCi.AIMED WATER
DEVELOPMENT AGREEMENT rc
THIS AGREEMENT made and entered into this day of , 20 , by
and bet,veen St. Lucie County Water and Wastewater Utility District, hereinafter referred to as
'`Utility-'', and [ADD ENTITY DATA], hereinafter referred to as "Property
Owner-'.
WITNESSETH
WHEREAS, t#e-Property Owner owns property located in St. Lucie County, Florida, and as
more fully described in Exhibit "A", attached hereto and made a part hereof and hereinafter
referred to as "Property", whereupon Property Owner has or is about to develop the Property by
erecting thereon residential an~Lor non-residential improvements and desires to secure the
provision of Ovate ,wastewater and/mar reclaimed water utility service to the Property; and
, b
• r f '1'+' 77+'1't.- ~l • • *~ •1,:~ A ^ ^*• ^~ WHEREAS,
Property Owner acknowledges that execution of this Agreement by Utility does not confer nor
grant any land use-era zoning or site p1z approvals for the Property, nor does it assure or
guarantee Property Owner that Property Owner has or will be able to obtain land use~r3 zoning
or site plan approvals for or be able to construct on the Property the number of ~sERCs for
which Property Owner has voluntarily elected to reserve utility capacity under this Agreement.
NOW THEREFORE, for and in consideration of these premises, the mutual undertakings
and agreements herein contained and assumed, Property Owner and Utility hereby covenant and
agree as follows:
The foregoing statements are true and correct.
District Utility Extension Policy Page 47
October 23, 2012
The following definitions and references are given for the purpose of interpreting the terms
as used in this Agreement and apply unless the context indicates a different meaning:
(a) '`USP'' -the Utility Service Policy for water, wastewater and reclaimed water service by
the Utility, as may be amended from time to time, which is incorporated herein by
reference;
(b) "UEP'' -the Utility Extension Policy for water, wastewater and reclaimed water service
by Utility, as may be amended from time to time, which is incorporated herein by
reference.
(c) "UPAP" -the Utility Extension Policy, Utility Service Policy, the C-tilin Rat:
-- - ____
I <irtf:"*~'~*~ ~'~~~~~*' -~ ' ~' and other policies and procedures adopted by the
St. Lucie County- (Utility), as may be amended from time to time, which is incorporated
herein by reference.
(d) "Service" -the readiness and ability on the part of Utility to furnish potable water ,~
reclaimed water to and to collect wastewater from the Property;
(e) "Point of Service" -generally, the point where the pipes or meters of Utility are
connected with pipes of the Property Owner as further defined in the UPAP;
(f) "Equivalent Residential Connection (ERC)" - a system capacity equivalency unit which
corresponds to the peak demand of the single-family residential category of Customer
usage. This system capacity equivalency unit is utilized to establish the system demand
for various sized connections for the purpose of assessing fees;
(g) "Equivalent Re id ntial Irrigation C'nnnectinn lFRif Y~ _ ~ worn.., ^ana^:•-..
encv unit whi h Corr ponds to the peak d manri for r c1a;mP wat
'a ~ v a in 1 -family r idential ~ r Thic cv tem cana iri ea rival nc~
unit is utilized to establish the vctem demand for various cued cnnnectinnc for the
purpose of assessing feet
~"Service Initiation" -the date a potable water meter is set or a wastewater connection is
made for a customer;
(#i) "Guaranteed Revenue Fee" or "Guaranteed Revenues" -the mandatory fee paid by all
customers designed to recover the carrying costs of system capacity which has been or is
being constructed in anticipation of future service requests. Carrying costs include
R~Ciion of the fixed operating and renewal and replacement expenses necessary to
maintain excess system capacity for future use.
(i~) "Total Accrued Amount (TAA)'' - A TAA represents accrued Guaranteed Revenue Fees
payable ~ ~°~~~~* ~~~~~ ~ at the time of execution of this Agreement for all ERC's
reserved. -
(fk) "Standard Development Renewal Agreement (SDRA)" - an agreement between Utility
and the Property Owner extending the capacity reservation for unused ERCs in a
Standard Development Agreement for an additional five (5) years,
District Utility Extension Policy Page 48
October 23, 201?
including.
d water facilities
l
i
d
"
i ml "Utility Facilitie ,
me
rec
a
water wastewater an
s
but not limited to mains nines lines rtump stations, lift stations. hydrants.
late meters valves storage tanks meter bores telemetry equipment. well,
signs}a nd SC D A svstems~whether ahnv urn end. below ground or at grade leve .
-Property Owner hereby y ~ ~:` ~° a~lau~~~ 1<c1_c~ thou 1~uruaiTt to t~haht~r I ~ ~,_Part IL
Fl~~r ~+.~ ~t;tn.tt~.__Utility ~ha~_exclusive right and privilege to construct, own, maintain,
operate. replace. and expand the
€iesUtilitv's Utility Facilities in, under, upon, over and across the present and future
streets, roads, easements, reserved utility sites and public places as provided and dedicated to
public use in the record plats, or as provided for in agreement, dedications or grants made
otherwise and independent of said record plats. Utility covenants that it ~'~' - ~°~''"°
~'~~ ~~~~~~~^ ~" att~mt~t t~~ ~~~~rtain easement locations; however, should Utility
install any of its fae+l~ties tili ~ Facilities outside a dedicated easement area, Property
Owner covenants and agrees that Utility will not be required to move or relocate any facilities
lying outside a dedicated easement area as long as the facilities do not unreasonably
interfere with the then or proposed use of the area in which the facilities have been installed.
Property Owner hereby further agrees-a~1:Ti~~~~ l~dg~~_that the foregoing grants include the
necessary rights of ingress and egress to any part of the Property which Utility ~easetm-l~F
requests for the maintenance, operation, repair. replacement, dd~o or expansion of
the tilj~Facilities; that in the event Utility is
required or desires to install any of its
Facilities in lands within the Property lying outside the streets and easement areas described
above, then Property Owner or the successor owner(s), as applicable, shall grant to Utility,
without cost or expense to Utility, the necessary easement or easements for such installation;
provided, all such installations by Utility shall be made in such a manner as not to
~~nreaconably interfere with the then primary use of such Property. Property Owner or the
successor owner(s), as applicable, shall obtain written approval from Utility prior to installing
any structure or object, including, but not limited to, fences, gates, signs, trees, foundations.
or poles, within an easement area. In consideration of Utility's consent to an
encroachment, Property Owner or the successor owner(s), as applicable, shall agree to
indemnify and hold Utility harmless from and against all liabilities, damages, penalties,
claims costs and expenses, including attorney's fees at all levels, which may be imposed upon
or asserted against Utilit}' as a result of or in any way connected to an encroachment
approved by Utility nr the removal or destruction of such encroachment as required by
In the event Utility determines that it is necessary to construct, mamtam, repair,
remove or replace any of its facilities located under, over or upon an easement, Property
Owner or the successor owner(s) of the portion of the Property affected shall immediately
remove the encroachment from the easement upon the request of Utility at Property Owner's
or the successor(s), as applicable, sole cost and expense. If Property Owner or the
successor(s), as applicable, fails to remove the encroachment, Utility shall have the right to
remove the encroachment from the easement. Property Owner or the successor(s), as
applicable, shall pay all costs related to removing the encroachment from the easement
incurred by Utility.
Property Owner, as further consideration a€t~~ _~ tilit~ _f~~r this Agreement, and in order to
effectuate the foregoing grants to Utility, hereby places the following covenant, as a covenant
running with the land, upon the Property' and thereby subjecting it to a reservation, condition,
limitation or restriction in favor of Utility, as follows:
District Utility Extension Policy Page 49
October 23, 2012
Pur,u~nt to C ha~t~r 1 ~ ~. P,lrt IL Fl~~rid t Statute~_Utility, or its successors, has
_ _ _ _. __ _
the sole and exclusive right to provide all potable water, wastewater and
reclaimed water services to the Property described in Exhibit "A". All
occupants of any residence or non-residential improvement erected or located on
the Property and all subsequent or future owners or purchasers of the Property, or
any portion thereof; shall exclusively receive their potable water and wastewater
service from the aforesaid Utility and shall pay for the same and shall abide by
the terms and intent of this Agreement, and the UPAP, for as long as the
aforesaid Utility provides such services to the Property. Further, all occupants of
any residence or non-residential improvement erected or located on the Property
and all subsequent or future owners or purchasers of the Property, or any portion
thereof, agree, by occupying any premises on the Property or by recording any
deed of conveyance with respect to the Property, that they will not construct or
otherwise make available or use potable water, wastewater and reclaimed water
service from any source other than that provided by Utility. Further, all
occupants of any residence or non-residential improvement erected or located on
the Property and all subsequent or future owners or purchasers of the Property, or
any portion thereof; agree that Utility may require them to purchase and use a
volume of reclaimed water equal to ei~~ht~ ~~r~cnt_~ii°;;~of_ the volume of
wastewater discharged from the Property on an equivalent average basis as
determined by the Utility.
Any water well or water source used solely to supplement irrigation water supply for the
Property is excluded from this restriction except to the extent the Property is required to
utilize reclaimed water from Utiliri~ equal to ei~ht~ ~~zrcent (Si)°,~1 _~~f_the volume of
wastewater discharged from the Property.
Further, in order to give an additional and supplementary notice to all the future Property
Owners of any of the Property of the rights of Utility to provide the Property with potable
water, wastewater and reclaimed water facilities and services, the Property Owner hereby
covenants and agrees to have the above restrictive covenant or its equivalent included in the
general subdivision restrictions and nv plats of the Pron rh• and to place the same of
record in the Public Records of St. Lucie County, Florida.
4. Upon the continued accomplishment of all the prerequisites contained in this Agreement to
be performed by the Property Owner, and subject to completion of the
°`' "'"' '' ° '''+' till Facilities necessary to serve the Property, Utility
covenants and agrees that it will allow the connection of the p,~t°~'~ -_~~*~~ a. * '~- ~' ,
tili Fac~~~tiPs
installed by Property Owner to the ~et~~Ee~v-~ter~i~sTe~=a-t a ' a
F"" ~ of Utility in accordance with the terms and intent of this
Agreement and the UPAP. Such connection shall be in accordance with rules, and
regulations of the t!eulth ~~nStat~, the UPAP, and other governmental agencies
having jurisdiction over the utility operations of Utility. Property Owner shall connect the
Property to the Utility reclaimed water distribution system in accordance with the reclaimed
water requirements set forth in the UPAP.
5. Property Owner is required to pay the TAA in order to support t tilit~' investment in utility
facilities, as well as the fixed costs of maintaining such facilities and the unused capacity ~
~~ ~ t~,r_thc ben~tit ~~t~ Pr~~~,ert~ (~~~ner a, ,r~~~i~ed in the
- -- -- ---
l _P_1_P,_ The initial and continuing payment of T~ 1s is •in e~~ential component of the
District Utility Extension Policy Page 50
October 2.i, 2012
eon.ider•rtion to L tility for providing utility se-~~ice to the Property. Property Owner
aarPPC and a~kn~wleduec that the TAA is not an impact fee.
6, l h: Tzrm ~~f this .~~_rzz-~~znt i~ fi~~ f > > ~~ar~. Upon receipt of payment of the
Connection Fees and the TAA due upon execution of this Agreement, Utility agrees to
initiate the provision of water and wastewater utility service for ERGS ~
EIZiCs for Property Owner F - ~ ~ ', -,` _ "~ "'°""" "' • -'° `•+°
•• during the Term of
the agreement Property Owner may eytend the Term of this Agreement for
additional fire (~) year terms. by execution of a Term Extension Agreement to be
recorded avainst the Property payment of a TAA meeting the then current
rcpuirement~ of the L 1'~P curing; any then evicting def•iults by Prot~erty (h~ ner under
the thEn eyi~tin~ lareement •ind p•-yment of •-ny •uiditional fees required under
uPAP. This :~Ureement shall terminate automatically at the end of a Ternt. if not
extended in accordance with the TP P and Pronertv Owner agrees that Utility may
record a termination of this Agreement in the event Pronerty Owner has not renewed
the Agreement The termin~~tion shill eytin~uish all duties and obligations of Ctility to
ro ~ert~ O~~ ne-• under this Agreement, includin6 but not limited to the rese-~ at-on of
cup•lcity or obii~ation to provide utility se-l-ice to any ERCs and ERICs_not connected
to the Utiliri f~-cilities at the time of termination, but shall not affect utihh~ sery-ce to
any customers ~yho have connected to the utility facilities and established a custome--
agreement with Ctility as of the date of termination of this Agreement. whose utility
service shill be ~soyerned by the C tiP The duties, obligations and acknowled e~ments of
roperh. Owner as set forth in Paragraphs 3. 5. 7. 8,2~14,~.;; to and 16 of this
Agreement shall survive termination of this Agreement > T ^~ `^-'-"'°^*°^° "~' `'''°
A,~ ,.t 4F,., ,~l,s~ .,f .. ~+.. ..+.. •.. •4... iT+;t:~-.. 1r ., :1:*; _ _ a • •1,'
• ....,.,~ ....,...., ,: =:-^i.-rte...,..
.., .. .~
.,^..m^ __ _ _ _ _______ _ __ __ ___ ____. _. _____ ~____ c._ .Fo'al'['[-['O-R[70'
A,. • + + minim+i-ia~nf this l~.arPPAlent-Sh$l~be ~9i ^`1 1"' *t`^ 7TCD
7. Property Owner " ~°"~ °`r°°° '^ ~~ ll_ construct ~ ' ~ "~~ ""`' ^""*"^' up to
--- --
the Point of Service to Utility, at no cost_t,~ ~ tilit~, the on-site potable water distribution, on-
site wastewater collection, and on-site reclaimed water distribution systems up to Property
Owners reclaimed water storage facilities (not including on-site water reclaimed water
distribution facilities on the consumer side of the discharge to the reclaimed water storage
facilities) referred to herein and such off-site °;~„ems till Facilities as determined
necessary by District to be constructed by Pronerty Owner to connect Property Owner's
on-site systems tili Facilities to Utility's tili • Facilities (all
such on-site and off-site facilities referred to in this paragraph collectively as "Property
Owner Facilities:'' ~. Upon aka-~e~mpliance of said Property Owner ILt' ' Facilities
with the requirements of this Agreement and the LTPA_P for turnover of facilities, Utility
#ereby-agrees to accept ownership of the Property Owner Facil-t-es for operat-on-a-nd
. Property Owner shall cause to be prepared engineering plans and
specifications prepared by an~1 in;~ted b~ an en~_ineerin« firm in thz l~i~trict C~~ntra~t
Lih!-~li~~_and sealed by a professional engineer registered in the State of Florida, showing the
Property Owner Facilities. Utility will advise Property Owner's engineer of any facili and
sizing requirements as mandated by the UPAP. Such detailed plans may be limited to a
phase of the Property, and subsequent phases may be furnished from time to time. However,
each such phase shall conform to a master plan for the development of the Property and such
master plan shall be submitted to Utility concurrent with or prior to submission of plans for
the first phase. All such plans and specifications, including hard copy and electronic media,
submitted to Utility's engineer shall be subject to the approval of Utility and shall conform to
District Utility Extension Policy Page 51
October 23, 2012
Utility's standards as set forth in the UPAP, and no construction shall commence until
Utility has approved such plans and specifications in writing. After approval, Property
Owner shall cause to be constructed, at Property Owner's expense, the Property Owner
Facilities as shown on the plans and specifications. Fees, as set forth in the UPAP, shall be
levied by Utility to cover the cost of plan review and inspection._A~~ c~~nnecti<~ns ~~f EIZC~ ~~r
rRIC~_~~ill be afl~~~~«! until Pr~~hert~ (h~n~r ha c~~l~tplie~i ~~ttll the re~~uir~ment~ ~~t this
Serti~~n. _ __ _
The Property Owner shall also be required to pay the fees on Exhibit B to this Agreement.
During the construction of the Pri~hcr~
Utility may from time to time inspect such installation; to determine compliance with the
plans and specifications, adequacy of the quality of the installation, and further, shall be
entitled t,~ ~iir~ct the P_r~~~~ert~_( h~tl~r. at the Pr~~E~ert~ O~~n~r'. e~~en,~•_to perform standard
tests for pressure, infiltration, line and grade, and all other normal engineering tests to
determine that the system has been installed in accordance with the approved plans and
specifications and the UPAP. Inspection by Utility shall in no way relieve the Property
Owner of his responsibility to install the facilities in accordance with the approved plans and
specifications and the UPAP. Complete as-built plans, including hard copy and electronic
media ~~'~°~ "*~'~~°~', shall be submitted to Utility upon completion of construction.
ronerri• Owner chall hP rennirPtl to rP_;„Mail ~„ ~ti~i#property Owner Facilities
• ich do not meet th rea lirementc of th P P or appro~-ed Mans and specification,
Property Owner hereby agrees to transfer or cause the transfer to Utility title to all flats-ble
takle~~~P Property Owner'° ~°* faeilitie, at n~~
Cl~~t`l Irs'4}apt r rl, Frl.' n rT`~ ~ tlllt\
. Such conveyance is to take effect
r ~ •._.___ __.__
without further action upon the written acceptance by Utility of the said installation. As
further evidence of said transfer of title, upon the completion of the installation and prior to
the rendering of service by Utility, Property Owner shall convey or cause to be conveyed to
Utility by Bill of Sale in a form flratied~ in the UEP the complete °° °~*° °--a ,.rr
ee~str~+Fted--l~-Properiy Owner a+~--F~iciliti~_,_i~__approved by Utility, along with
documentation of Property Owner's costs of construction and Property Owner's No Lien
Affidavit, in form provided in the UEP. Subsequent to construction of the €aeifitiesu
Facilities and prior to receiving a meter(s) from Utility, Property Owner shall convey to
Utility all easements and/or rights-of--way covering areas in which fle~e~
;ti-Sletr~avntar °~eclnrm ca rraic-r~lrnc~zarc--rrrstrriiri tility Facilities are lneatP Ij~,' g
recordable document in a form supplied by Utility. All conveyance ofnon-platted easements
or rights-of--way shall be accompanied by a paid title policy for the benefit of Utility in a
minimum amount of:
• $50.00 per linear foot of any granted utility easement (based on the centerline of the
easement); and
• $50,000.00 for aUtility-owned numn stations. wastewater lift station or other non-
Iine facilities (if not constructed within an existing utility easement).
Said title policy shall confirm the 6_Trantor's rights to convey such easements or rights-of-
way, and further, evidencing Utility's right to the continuous enjoyment of such easements or
District Utility Extension Policy Page 52
October 23, 2012 '"
rights-of--way for those purposes set forth in this Agreement. T~ ` '``` "'""*°`~
-
Utility's acceptance of the ~ ~ .~
~~}' -1'ro~~ert~ O.~ per Facilities installed by Property Owner shall be in accordance with
the provisions as set forth in the UPAP___hi~nid<<i i~ck~tin~~_b~__.l_tillt~ ~h;tll n~~t__i~li~~_
- -
Pr:~he+•t~__(h~ ne_r tr~~m_it, rhli ~,~ti~~a~ url.i~r this ~~~r-«ment. All installations by Property
Owner or its contractor shall be warranted for one + 1) -year (or five (.~_i_years in the case of
lift station pumps and motor assemblies) from date of €)1na1 '-`~T' ~' ~~~ '• _acccnt.;i~cr'
~`. the Diarist of the tact component of the T1r~lity Facilities to he installed. Mortgagees
holding liens on such properties shall be required to release such liens, subordinate their
position, or join in the grantinng of the easements or rights-of--way. All ~e~kble-~~k-ter
r,zascc~~'urc~ e6il ~~, •1'f: ~iT•:l:*. z'., :I:*:
v-rra.~vi.-.~~ . + * ccck9 a--crf3a-reFl&kki~ed--r~fkte-r-rcrckrkr c^ ,•c
~~"*^'-Pro~eCly Owner Fa~iliti~~ shall be located within an easement if not located
within platted or dedicated rights-of way.
The timely and-,;~~ntiniic~l -payment by Property Owner of all fees in accordance with the
terms set forth herein shall be considered essential to the continued performance by Utility
of the terms and conditions of this Agreement. The construction and transfer of ownership
of the
s}stekn till ~ Facilities does not and will not result in Utility waiving or offsetting any of its
fees, rules or regulations. Property Owner shall not have any present or future right, title,
claim, or interest in and to the till Facilities
transferred to or owned by Utility.
Upon submission of this Agreement, Property Owner, at his expense, agrees to furnish
Utility with a copy of the recorded Warranty Deed for the purpose of establishing ownership
of the Property. Any mortgagee or lien holder having an interest in the Property shall be
required to execute a Consent and Joinder of Mortgagee/Lienholder in the form as provided
in the UEP. A Property Owner must submit either a title policy or a letter from an attorney
licensed to do business in Florida confirming that either there is no mortgage or lien on the
property or any mortgage or lien holder has properly executed a Consent and Joiner of
Mortgagee/Lienholder. The title policy or letter must be issued within thirty (30) days of
submittal of the SDA_~~r else L tilit~ nri~ t~rminat~ thi> :~~rrezn~~nt.
Property Owner a-grees~i~l.il~?~~ l~d~~~ with Utility that all ,
___~_~~..a __.~..... r,...:~:.:,." tility Facilities conveyed to Utility for use in connection with
providing potable water, wastewater and reclaimed water service to the Property, shall at all
times remain in the complete and exclusive ownership of Utility, and akk~arn~ entity owning
any part of the Property or any residence or building constructed or located thereon, s~a14
~~,~ it l have iJteai~~_ right, title, claim or interest in and to such facilities, or any part of them,
for any purpose....-' •.• r,.•t• ~ ~~ ~ *,, ~ ,,. ,..,a ....;.,;~°rt°.,..._,...;,a°
e~ ' 'a• '' •ia•
10. Notwithstanding any provision in this Agreement, lnu~~uant n~ ~haht~r 1 ~ ~.__i'~irt I1. 1 I~~+~ic{:~
~tan+t~~.__Utility may establish, revise, modify and enforce rules, regulations and fees
covering the provision of potable water-a-nE13 wastewater and reclaimed water service to the
Property. ~ ~ .. ..
District Utility Extension Policy Page 53
October 23, 2012
~~ :ao~*;,.,,1 •,, ~ ~~ ,.>,,,.-..~a r '''~~te-c~sinc-atien e~~-i~e-~} E~Ti~~. A11 rules,
regulations and fees as set forth in the UPAP, shall be binding upon Property Owner, upon
any other entity holding by, through or under Property Owner, and upon any Customer of the
potable water~3 wastewater and reclaimed wat r service provided to the Property by
Utility. Said rules and regulations include, but are not limited to, Service Initiation,
oversizing of facilities, use of previously oversized facilities or extension of facilities.
11. Property Owner or its assignee shall not have the right to and shall not connect an\ Pr~~p~rt\
. ___ .
l~)nnzr Flcilities ~~r ERC ~~ -.-~*,,.. a u "~
_ ~ ~ ~ r E.R1C; to the r~°~~ f ~ + ~~ ,
Faces of Utility until approval for such connection has been granted by Utility. The
parties hereto further agree that the expense of construction, operation and maintenance of
all improvements beyond the Point of Service shall be the sole cost and expense of the
Property Owner-~f :~~ ~~- o ~ *I *~ ~ 1*•,~ ut~~~n am~c~tflzr entity h~~ldill~r h~.
T}1rC~lILTil ~%C Llll~{~l- PI-~~j`~[-tV ~~\\IlZt'. 311} Llll~lll £IIlV ~Ll>I(~IllZl- ~~t T}l~ ~l~[3~~~Z \A~ii~i-- A\~I~t~AA3IZI'
__ _ _ - -
~Itllj re~~;lllllt~~ R:1T~t- ~lI'\ I~~ jil-i~\ II~~Cj T~~ T~l~__PI-i~j~ii-T\ _ _ _.
12.
• ~ -
~~ ~ ~~ ~ . I~hi~ .~~~reenlent rung vv ith the
~lllhj t11]Cj I~ 1i 111ij.U~ T~?_th<_PI"~?~~I't\__~~ii>_~~TC.~tTl~tit-Illa\ ilizt_~~~ I~~_I!TTI~~j \\Itht~UT T~lz itli~l-
VAI-1CTL 11 Ct~Il~.'ilt Uf j tljlh. dill{ II11\ OTI~\ ~1C 3?~1LTIlCCj T(~ :1 ~11~~~~~01- 1(1 IlltclY~t O1 Pi'~~~~1 t
~~VA RAC T~!_ 1}lZ P.r~~j~~l"T\ ~ ~~ ;1 C~111~~~jL1~17Ct= Uj Ihz UlllljTt~ 11;It111-~ hj ~7t-~~\ 1(11.11" j~~l- UTlht\
~~t'~ l~Z T~1 ChC PC~~1v~I"TV~ 11~~ 1F31't ~i} Tfll~ °~~?1-tcilTCIi( IiiQ\ } ~ _l~~l ~IlC.li ~c 131=: ~ ~~
r ~._ -1- _ ~ ITC.~\ tfC tll T}lZ
Rh~1~e Oj t}lam .~,~t'ZcR1~Ri. ~t~tvvItE1~t~ll1~j1I1'? tale ~}~.~v~. ~ tl~ity 111v ~21'n1lt P1'O~~elty ~vvIl:t' [~~
d~~OCIIt~ The FR~~~ ~~1- E.R~~ ~ C~1 j~Q(-TiCll~.l!" j)ili'Cc~~ (~C lllliT~ till Thz PI'Oj~l:I-tv ~~iT j~li'111~ SeT ji~t't~l
Iil T~iz 1- PAP. _ _ _ _ _
] 3. All notices provided for herein shall be in writing and transmitted by mail or by courier and,
if to Property Owner shall be mailed or delivered to Property Owner at:
With a copy to:
and if to Utility, shall be mailed to Utility at:
St. Lucie County Water and Wastewater tility District
Utilih+es Director
2300 Virginia Ave., Annex
Fort Pierce, Florida 34982
With a copy to:
District Utility Extension Policy Page 54
October 23, 2012
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
14. T43eD~iri>> tht=l~un_~~i. this ,~_ltzulent_ the rights, privileges, obligations and covenants of
Property Owner and Utility shall si-~e~t~~t be tel-I11in3te~i h~ the
~hturn~~~~r of an}_~~~~rtion of the Property Owner F.~~i!itie~ to L~tilit~ with respect to
_- ...
Pr,~n~rt. (h~ nor completing the - - -
. .
~an T~~~remainin~ ~x~rtions of the Property- O~~ ner Facilities and provision of utility
services to any phased area and to the Property as a whole.
15. Unless Property Owner is requesting additional capacity for the property described in
Exhibit "A", this Agreement shall supersede, null and void, all previous agreements or
representations, either verbal or written, heretofore in effect between Property Owner and
Utility, made with respect to the matter herein contained, and when duly executed,
constitutes the entire agreement between the Property Owner and Utility. No additions,
alterations or variations of terms of this Agreement shall be valid, nor can provisions of this
Agreement be waived by either party, unless such additions, alterations, variations or waiver
are expressed in writing and duly signed by the parties hereto. ('r~~~t~~rt~_O~~ncr
a~hno~~le~l«e~ _that •t.lft an~i e_iili~l~~~ cep ~~t i_'tilit~ _ha~ z n~ aut(t~~i-it~ t,,_bin~l t ti_lit~ ~,r~_~i~_r~c t~~
• ~ i
al]A t1C~~j1IlUl1~. dit~r3t1011~ li- ~~1Cl~ltllll~ ~'f tet~lll~ OL t~ll~ _~~_Tr~CIIi~Rt t`r tl]Z L 1'~1P- ~~11L~11 Lall
_ _. _ - -- -
onl~ be a~iclc~i to alt~r;;d_o~_ ~ari~d b~ _the ~tI u~ie._Count~_ C~ommi,~i~~n_ ~itti~is a• the
_ _.. _- -
hi~nict «o~ernin_ board. This Agreement shall be governed by the laws of the State of
Florida and shall become effective upon execution by the parties hereto. The venue for
actions arising out of this Agreement isshall Belie in St. Lucie County, Florida.
16. Special Conditions:
a u °* ~"^-'*°. Utility shall ° ~+°''°°' °~r°~'°.at~i_npt to provide- water-a-n~3 wastewater
or reclaimed water capacity for the Property by , 208, in accordance with
Property Owner's development time schedule. Property Owner acknowledges that due to
environmental permitting, securing of plant and line siting rights, public procurement
processes financing requirements budget constraints, force maieure events and
construction schedules, the timing of provision of capacity to the Property is an estimate only
and cannot be guaranteed by Utility. Property Owner represents to Utility that Property
Owner is not relying upon the estimate of time set forth above, and that Utility shall not be
responsible for any damages, whether direct, indirect e~ial or consequential, incurred as a
result of, arising out of or related to Utility's inability to provide capacity to the Property in
accordance with Property Owner's development time schedule.
b ~ b
T
• ~
h lOntional Provisionl Utility does not currently have any reclaimed water capacity
available for service to the Pronertv Until such time as Utility is able to nrovide
reclaim d water capacity to the Property Property owner may secure an alternative
irrigation source for the Property At sucti *:.,,P ac TTtility has rPClaim rl water S ~fflClent
to serv the Prooerri~ tility shall nrovide Property Owner written notice of such
availability, and within nineri~ (901 davs thereafter Property Owner shall connect to
Utilitv'~ reclaimed water facilities and discontinue utilizing the alternative irrigation
wat r source to the extent of the reclaimed wat r capacity nrnvided by Utility.
District Utility Extension Policy Page 5~
October 23, 2012
c. IOntional Provicionl (i) As a substitute for Property Owner's payment of Connection
Fees and the TAA due upon execution of this Agreement, and/or conctr~ction of Property
Owner Utility Faciliti obli anon. Pron rtv Own r rPnnPC* Utiliri to
levy against the Property a voluntary capital project assessment ("Capital Project
Assessment") as defined in Section 197.3632, Florida Statutes, as amended from time to time
("Assessment Statute") for the purpose of constructing utility infrastructure necessary to
provide utility service to the Property, to be levied by Utility against the Property upon
execution of this Agreement.
The total Capital Project
Assessment amount to be levied shall initially equal $ ("Estimated
Assessment Amount'). The Estimated Assessment Amount includes the costs to be incurred
by Utility to create and administer the Capital Project Assessment program and secure project
finance (the "Assessment Administrative Costs"). Property Owner acknowledges and agrees
that the Capital Project Assessment provides a special benefit to the Property, and that the
value of such special benefit exceeds the amount of the Estimated Assessment Amount.
(ii) Property Owner acknowledges that Utility intends to utilize the uniform method of
collecting the Capital Project Assessment as provided in the Assessment Statute ("Uniform
Method") and that failure to pay the Capital Project Assessment will cause a tax certificate to
be issued against the Property which may result in a loss of title. Property Owner
understands that it has the right to notice of a public hearing on the Capital Project
Assessment, the right appear at a hearing before the County Commission and to file written
objections, and other notice and due process rights as a property owner prior to final levy and
adoption of a Capital Project Assessment, as provided by the Assessment Statute
("Assessment Rights"). Property Owner knowingly, and with full knowledge of such rights,
and after consultation with legal counsel, waives such Assessment Rights, provided, however,
Property Owner retains all rights as a property owner provided in Chapter 197, Florida
Statutes, with respect to the payment and collection of a Capital Project Assessment. Utility
retains the right to collect the Capital Project Assessment by means other than the Uniform
Method. Property Owner further acknowledges and agrees that Utility may record a Capital
Project Assessment lien against the Property. Pronertv Owner a Iznnwler~apc aid ~Rreec
that the CaDlta)( Proi ct AccaccmPnt mw ho ..a ~,. ,.n.,,.. aL~ . _ __~ _ ___ ___ _
aortal Project if m xcec of th tima ed ost
(iii) The Capital Project Assessment and Utility's obligation to construct or have
constructed the utility infrastructure needed to provide utility service to Developer's Property
is conditioned upon the ability of Utility to borrow the Estimated Assessment Amount in a
non-recourse financing secured solely by the Capital Project Assessment with no other pledge
of security by Utility, with an interest rate, payment terms, and other conditions satisfactory
to a lender ("Lender") and Utility (the "Assessment Financing").
(iv) In the event that Utility is not able to secure and close an Assessment Financing within
s>uli1 (H92Q) days of execution of this Agreement, then Utility shall not levy the
Capital Project Assessment and Property Owner shall have the option of paying Utility the
Estimated Assessment Amount as a condition to Utility constructing the required utility
infrastructure and providing utility service to the Property or delaying the provision of utility
service to the Property until funding for the utility infrastructure has been obtained. nr
--
tc!~nin tin~r_ thi~__~ rizem_~nt. Utility's best efforts estimate of the time required to construct
District Utility Extension Policy Page 56
October 23, 2012
the utility infrastructure and provide utility service to the Property as set forth in subsection a.
above, shall be extended by such additional time that it may take for Property Owner to pay
the Estimated Assessment Amount to Utility.
(d) lOntional Provision) (i) As a substitute for Property Owner's cash payment of
Connection Fees and TAA due upon execution of this Agreement, Property Owner
~yr~gLests to enter into the following term cash payment program ~ - a '' -^°~°" iT'"`~-
(ii) Property Owner has provided Utility the schedule set forth below of its best estimate of
the number of ERC=s that it anticipates will be constructed on the Property and the timing for
their connection to the Utility System. Utility has structured a financing of the construction of
its Utility ~''' ^~i~sFacilities necessary to provide service to the Property based upon the
receipt of the required Connection Fees, TAA and financing charges when these ERGS
connect to the Utility System. To guarantee to Utility that the ERGS set forth on the
schedule below meet the connection schedule and that Property Owner makes payment to
Utility of the required Connection Fees, TAA and financing charges Property Owner hereby
agrees to provide Utility a backup funding source a.;~ct~tablz t~~ i~tilit~_in the event that the
minimum number of connections of ERC=s to Utility's facilities per quarter (Minimum
Quarterly Requirement) set forth in the schedule below and the payment of Connection Fees,
TAA and financing charges for such ERC=s do not occur:
Minimum Number
of ERC=s Amount of Connection
Fees and TAA and
Financing Costs Due Date by Which Connection
Required
Total ERC=s Total Amount
Any connections made to the Utility System shall be credited towards the Minimum
Quarterly Requirements. Any connections made to the Utility System in excess of a given
Minimum Quarterly Requirement shall be carried over and applied to the next Minimum
Quarterly Requirement.
In the event that Utility reasonably determines that a given Minimum Quarterly Requirement
will not be met by the Date of Required Connection, Utility shall provide Property Owner
with written notice of the ERC shortfall anticipated (an "ERC Shortfall"). Upon receipt of
the written notice, Property Owner shall pay Utility Connection Fees and TAA for the
number of ERC=s in the ERC Shortfall written notice (a "Shortfall Payment'). Shortfall
Payments shall be payable by Property Owner to Utility on or before the Date of Required
Connection for the given Minimum Quarterly Requirement.
To secure the payment of Shortfall Payments above, upon execution of this Agreement by
Utility, Property Owner shall deliver to Utility, a Letter of Credit in the aggregate amount of
Dollars and Cents ($ ). "Letter of
Credit" means an irrevocable standby letter of credit in form and substance satisfactory to
Utility, that is delivered to and issued for the benefit of Utility by a United States financial
institution acceptable to Utility to secure the obligations of Property Owner under this Section
16(d), and that provides for indefinite annual automatic renewals, unless Utility receives
written notice from the issuer of the Letter of Credit no less than sixty (60) days prior to the
District Utility Extension Policy Page 57
October 2~, 201?
Letter of Credit's then applicable expiration date of issuer's election not to renew the Letter of
Credit. Property Owner, Utility and the issuer may, from time to time, agree to cancel the
letter of credit, provided that another United States financial institution acceptable to Utility
is irrevocably committed to issue another irrevocable standby letter of credit in form and
substance satisfactory to Utility in its sole and absolute discretion or some other form of
credit enhancement ("Credit Enhancement") is delivered to Utility. Notwithstanding
anything in this Section 16(d) to the contrary, Utility may draw fully on any Letter of Credit
on its expiration date unless such Letter of Credit has been extended or replaced by another
Credit Enhancement as set forth above. The Letters of Credit, and any subsequent Credit
Enhancements securing the obligations of Property Owner to Utility shall at all times be in an
amount greater than or equal to the outstanding Connection Fees and TAA owed by Property
Owner to Utility under this Agreement.
In the event that Property Owner does not make a Shortfall Payment as required above on or
before the Date of Required Connection, then the Utility, or Utility's trust designee, is
authorized, without notice, to draw on the Letter of Credit or substitute Credit Enhancement
(a "Shortfall Withdrawal"), an amount equal to the Shortfall Payment. :1 ~i~fault in the
__
r.ctii~t ~~f i,a~ m<iit •h~~ll he ~~reuui~i~ fi,r [ tilit~ t,~ t~rminat~ th< .-~_reernent.
Upon payment by Property Owner to Utility of a Minimum Monthly Requirement, Property
Owner may, with the written acknowledgement of Utility that said payment was received.
request the issuer of the Letter of Credit reduce the aggregate amount of the Letter of Credit
by the amount of the payment of the Minimum Monthly Requirement acknowledged by
Utility. Upon satisfaction by Property Owner of all of its Minimum Quarterly Requirements.
Utility shall cancel and return the Letter of Credit to Property Owner.
(iii) Utility's obligation to construct or have constructed the utility infrastructure needed to
provide utility service to Property Owner's Property is conditioned upon the ability of Utility
to borrow the total amount of $ in anon-recourse financing secured solely
by Property Owner's obligation under this Section 16(d) and Letter of Credit with no other
pledge of security by Utility, with an interest rate, payment terms, and other conditions
satisfactory to a lender ("Lender") and Utility (the '`LOC Financing").
(iv) In the event that Utility is not able to secure and close an LOC Financing within sixty
(60) days of execution of this Agreement, then Property Owner shall have the option of
paying Utility the total amount of $ as a condition to Utility constructing the
required utility infrastructure and providing utility service to the Property, or delaying the
provision of utility service to the Property until funding for the utility infrastructure has been
obtained. Utility's best efforts estimate of the time required to construct the utility
infrastructure and provide utility service to the Property as set forth in Section 16(a) above,
shall be extended by such additional time that it may take for Property Owner to pay the total
amount of $ to Utility.
[remainder of page intentionally left blank]
District Utility Extension Policy Page ~8
October 23, 2012 "
IN WITNESS WHEREOF, Property Owner and Utility have executed or have caused this
Agreement, with the named Exhibits attached, to be duly executed in several counterparts,
each of which counterpart shall be considered an original executed copy of this Agreement.
ST. LUCIE COUNTY, rr~.-~~ WATER AND W ~c-rFwe~rFU TTTTi.iTY DISTRICT:
By:
Approved as to Form and Correctness:
County Attorney
WITNESSES:
Print Name:
By:
County Administrator
PROPERTY OWNER:
Print Name:
Print Name
Its:
District Utility Extension Policy Page 59
October 23, 2012
STATE OF FLORIDA
COUNTY
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of
20 by , on behalf of the-Fem-~~-s~
He/she is personally known to me or has produced as
identification.
Signature of Notary
Typed, Printed, or Stamped Name of
-~~ Notary Public
Serial Number
JOINDER AND CONSENT OF MORTGAGEE
. being the holder of that certain mortgage
dated the day of ,20 and recorded the day of
20 , in Official Record Book , at Page , of the
Public Records of St. Lucie County, Florida, hereby consents and subordinates its mortgage to the
utility easements contemplated in the forgoing Standard Potable Water~l3 Wastewater and
Reclaimed Water Development Agreement.
WITNESSES: MORTGAGE HOLDER:
Print Name:
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY
The foregoing instrument was acknowledged before me this day of
20 by , of , , on behalf of ,
the ~~ . He/she is personally known to me or has produced
as identification.
Bv:
Title:
Signature of Notary
Typed, Printed, or Stamped Name of
- Notary Public
Serial Number
District Utility Extension Policy Paee 60
October 23, 2012
E~II-~T.~l~n~t ~~a„
PROPERTY DESCRIPTION
nI~ICICt I ll.!?\ [Sl~[l~!~)11 Pi`1~~ Page 61
October 23, 2012
E~~-~~hibit B
SCHEDULE OF FEES
CONNECTION CHARGES
ERC' s x $§4A-9:-~8 - . 00 per ERC
(AMOUNT DUE UPON EXECUTION OF AGREEMENT=
GUARANTEED REVENUE FEES:
TAA ERC's x $81~~o per ERC
(AMOUNT DUE UPON EXECUTION OF AGREEMENT=
~~~~TIE~t 1CTe~--A$9VIS)
DOCUMENT RECORDING FEE: (3~_ PAGES)
($10.00 first page/$8.50 additional)
(AMOUNT DUE UPON EXECUTION OF AGREEMENT)
$
PLAN REVIEW FEE ~8~$$TBD
(MINIMUM OF $-1-,-08-9-82 ~ CONSTRUCTION COSTS
DUE UPON EXECUTION OF AGREEMENT, WITH ACTUAL
ADDITIONAL COST PAYABLE PRIOR TO REGULATORY SIGN-OFF)
INSPECTION FEES TBD
(b!INII~!LTLI OF 1=-~~ ~$-OF THE ENGINEER' S CERTIFIED
CONSTRUCTION COST ESTIMATE) DUE UPON E}~ECUTIODi
OF AGREEi~NT WITH ACTUAL, A.DDITION_~L
AMOUNT DUE PRIOR TO REGULATORY SIGN-OFF}
ADMINISTRATION FEE: $~
(MINIMUM OF $~4,9-88892.00 DUE UPON EXECUTION $4,892.00
OF AGREEMENT, WITH ACTUAL COST PAYABLE
PRIOR TO ~$s'£$R 8$T FE1}?~-~~ °mmz--car^c REGLT?~A'I'ORY SIGN-OFF)
WATER METER/BACKFLOW CHARGE: TBD
(TO BE PAID PRIOR TO METER SET FOR EACH USER:
UTILITY WILL REQUIRE RADIO-READ WATER METERS
FOR ALL METER SETS WITHIN THE PROPERTY)
WATER SECURITY DEPOSIT: TBD
(TO BE PAID PRIOR TO METER SET FOR EACH USER)
WASTEWATER SECURITY DEPOSIT:
(TO BE PAID PRIOR TO METER SET FOR EACH USER) _ TBD
£9'£A=b SUPS ~3i9:"'~i~^~T-~Tii9PT AE' ~~EF~P~'£i' ~`
RECLAIMED WASTER SECURITY DEPOSIT: TBD
(TO BE PAID PRIOR TO METER SET)
TOTAL DUE UPON EXECUTION OF AGREEMENT* $
~u7~" ~'t'~'~ 171c1i' ~~c' ~lCj111.51t'CI Ji'!)i)1 ~ll)Jl' !O 11137 E' {~U.~~L'C~l>i7 Clli'i'C')lt 1'C'~l)h/IlUll.~.
District Utility Extension Policy Page 62
October 23, 2012
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_ ..__
._
Oct>bzr 23. ,~)~
EXHII~IT "G"
p~g• armored Lzy and Return to
St Lucie Counri~ Water and SeweY Utility District
Attn• 'District L tility Director
230_0 Virginia Avenue
Fort Piero Fi. 34982
STANDARD RECLAIMED WATER DEVELOPMENT AGREEMENT (S$A~SRL)A
THIS AGREEMENT made and entered into this day of
20 , by and between St. Lucie County Water and Wastewater Utility District, hereinafter
referred to as "Utility", and ,hereinafter
referred to as '`Property Owner'.
WITNESSETH
WHEREAS, t#e-Property Owner owns property located in St. Lucie County, Florida, and as
more fully described in Exhibit "A", attached hereto and made a part hereof and hereinafter
referred to as ""Property'-"_', whereupon Property Owner has
the Property by erecting thereon residential ~polor non-residential improvements and desires to
cecure the rJro~icion of reclaimed water utility service *~ +''~ ~""~""+"for di,char«e to one or
_morc ponds loc•ited un the Property (the "Pond" or "Ponds"). as more fulh~ described ~n
Elhihit '•.~"; and
• ~, ,
and
~ +~' ~ ~*• ~~~~ WHEREAS, Property Owner acknowledges that
execution of this Agreement by Utility does not confer nor grant any land use-era zoning or site
l~ approvals for the Property, nor does it assure or guarantee Property Owner that Property
Owner has or will be able to obtain land use~r3 zoning or site elan approvals for or be able to
construct on the Property the number of ERC's for which Property Owner has voluntarily elected
to ~~~~~<< r~~la~m~cl. ~<<~t~r capacity under this Agreement.
NOW THEREFORE, for and in consideration of these premises, the mutual undertakings
and agreements herein contained and assumed, Property Owner and Utility hereby covenant and
agree as follows:
The foregoing statements are true and correct.
The following definitions and references are given for the purpose of interpreting the terms
as used in this Agreement and apply unless the context indicates a different meaning:
~t~iCiCt 1_ IIIII~ F\t~II~tOI'. P~~~1C'~ ~'~~~` ~~
C)~Ti~h~C ~~. _~. I _
. - ~
°~`°"r-14-1"-I~~C
(ea)"UPAP" - crllccti~ eft ____the Utility Extension Policy, Utility Service Policy,
., . ~ ...
`,"""°"''"" ° ' :~Tthe _I_ tilit~ _ Rate _Tarit~t and other policies and procedures
- _ __
adopted by the St. Lucie County (Utility), as may be amended from time to time, which
is incorporated herein by reference.
(db) "Service" -the readiness and ability on the part of Utility to €~;li:ehar~re n~~n-
~~re"urile~( reclaimed water to the ~Pund(~ ~;
(ec)"Point(y) of Service" -generally, the point ~~n_the dischar,re ,i~ie of the reclaimed 1~ater
I1~t.~~I,1__Where the 1'C~alnl~d \L~1teC CII~C~I,lt'~?c~ IIIiO._t~l~ P~.lildl~~ (t~[- lj1~C}13CTC._Illt~l t~lc
p p of the Property Owner ~~
amain ~~hich_~1i,r_h~lr~~~ int~~ the ~gP~,n~l~(~)?;
(€~i) " auivalent R cadential Irri atinn onne~t'o ( Ri('Y' a cyst m canaeit~•
encv unit whi h orr cnnndc to th Weak d mand fnr reclaim wat r
use by a can 1 -family r cad ntial ~s r Thic sect m ana itv a ~i~al n ~•
umt is utilized to a tablich the system demand for vari_a_ uc ci~Pd rnnnPrtinnc fnr rho
Durnose of assessing fee
~"Service Initiation" -the date a reclaimed water meter is set for ~ ,..,~~~~he Pr,~hel ~~
_._.... _.__.........
~fl"Guaranteed RPVVnnP Fna~~ nr «(.'. ..+°°a D° ,.ee ~_
tL manriain rv iaa
by all CustnmPrc dPC14nPd to rarnVo.- ti'C Cari viii CoctS ~1 -V'lem Ca Da 1tV wh1C
as been or ~ been con trlL~tPd in anti inatinn of f rt ~rP servi a rea pest.
arrvin co tc in 1 ~dP a portion of the fixed oo ratinv and rep wal and
acemen exn nc c n scary to maintain x s sy t m ana itv for f t
~~~ "Total Accrued Amn~~nt (TA Al°7 _ A TAA renrvcvnts accrued ('narantaPrl Rp~,o..
° _ _ at the time of execution of this A re ment for al
ERC's reserved-a..d--~.~ ^!~.P-f-i-fh~nnr_ar-=~ ~-no(,-~_c; ,.1. L'r~r~ c,.
r... - -- -- - - - - -
'hl"Utility Fa ilitiPC" - r laim d water farilitiPC :n~l,.`l' ti ~ r •. a .
D1De3, lines. DUmD stations, laterals meters valves ctorau tanks meter hnrPc
t~lemetrv eaUlDm nt_ wells ci_an_c, ~nrl Q/~AnA ..s° .L..aL_ „~,~ _a
elow ground or at rude level
fi) '•Irriaation System" - a net~york cif pipes puntpina facilities storage f•~cilities.
sprinkler heads, 1'ondsls). and ~~ppurten•mees on Property O~yner's cidt of the
Pont of Se--~ ue deslaned for l~~ndsc•3pe irria~ition purposes
(i)_ '-Reel_aimed 11 at~r" - ~~~iter that:_(i) ha> r~cei~ed at__lea~t ~ec~,ndar~ n-eatment and hi«h
_ _ _
__
level di,infecti~~n~_ (iii that com~lie~_«it11 al f=DhP Ie~_ulat.~r~ ~tandard~ Y~~r reclaimed eater
tl;ed tt~r_~anl{~Ca~e nI-I'~ailhll_~?11I~~i~Ce_'~nC{_I_III)_I~ r~tl~el~_atTtl- t~i~l~lIl~_ C~Lit lit a v1a>I.~=aTZI'
Di~~rict C-n!it~ Fit r~i~>I; Pulic~ Page 68
_ ____
Orr,~h~r 23. ~i)1
h~atm~:nt ftcilit~ th~,ctll~r ~~~it.h am •urhle-n~~nt.31_~~.It~r th.lt n-a. be ~~~rmittcd b~ FD~P t~
hz_t~lzn~l~d «ith•th~ r~~laime~l «ater_.
-Property Owner hereby ~a#s~t~Ia~r~~1~~;~T~, that hur•uan: t,, Chat~t~r__1 :...Part (l _f l~~ri~'.a
Utility t~eha~ exclusive right and privilege to construct, own, maintain,
o erate, replace. replace- add to and expand the
Facilities in, under, upon, over and across the present and future streets, roads, easements,
reserved utility sites and public places as provided and dedicated to public use in the record
plats, or as provided for in agreement, dedications or grants made otherwise and independent
of said record plats. Utility covenants that it will ~, ,-
t~~_a~~ertair easement locations; however, should Utility install any of its ~il~ieslT~ili
Facilities outside a dedicated easement area, Property Owner covenants and agrees that
Utility will not be required to move or relocate any facilities lying outside a dedicated
easement area as long as the facilities do not nnreac~nably interfere with the then or
proposed use of the area in which the facilities have been installed. IP-~e{~e+~
Aw-nerPrQR~-fi' Owner hereby further •3cl:nowledUes that the foregoin~~rants
include the necessary rich s of ingress an egress to any Dart of the Property which
ILtilj_ty requests for the maintenance operatiop, repair, replacement addition to or
expansion of the Utility Facilities: that in the event Utility is reawred or desires to
install any of its Utility Facilities in lands within *ho PrnnP.-rte lvina ~»tside the streets
and easement areas described above then Pron.~rtr, Owner or the successor owner(_s1~
applicable shall grant to Utility without cost or expense to Utility the nee~s~arv
eacPmPnt nr easements for t>< i
shall be made in c~~ch a manner as not to unreacnnably interfere with the then prlmarv
use of such Pro_pe Property Owner or the successor owner(sl, as a~ohcable. shall
obtain written approval from Utility prior to installing any structure or object, including, but
not limited to, fences, gates, signs, trees. foundations, patio or poles, within an easement
area. In consideration of Utility's consent to an encroachment, Property Owner or the
successor owner(sl. as applicable. shall agree to indemnify and hold Utility harmless from
and against all liabilities, damages, penalties, claims costs and expenses, including attorney's
fees at all levels, which may be imposed upon or asserted against Utility as a result of or in
any way connected to an encroachment approved by Utility or the removal or destruction
of such encroachment as required by Utility. In the event-~lte Utility determines that it is
necessary to construct, maintain, repair, remove or replace any of its facilities located under,
over or upon an easement, Property Owner or the successor nw•nPrlcl of the portion of the
Property affected shall immediately remove the encroachment from the easement upon the
request of Utility at Property Owner's or the successor(sl as applicable• sole cost and
expense. If Property Owner or the cuccessor(sl a applicable. fails to remove the
encroachment, Utility shall have the right to remove the encroachment from the easement.
Property Owner or the successor(cl_ as applicable. shall pay all costs related to removing
the encroachment from the easement incurred by fie-Utility.
Y b b b b `
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7
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"~Y'_':'
District l- tilit~ E~t~ns.~~~~ Po'ic~ Pa~>~ 69
__ _ - __ _ _
Oct~,1.~~r 23_ ~~) i
Property Owner, as further consideration e€t;~ L tilit~ t~~r this Agreement, and in order to
effectuate the foregoing grants to Utility, hereby places the following covenant, as a covenant
running with the land, upon the Property and thereby subjecting it to a reservation, condition.
limitation or restriction in favor of Utility, as follows:
hUl ~tla11l to_C 11a1J1t1' t ~ ~. halt 11. I' l;~l'l~l.l ~tattlt~~- UtllltV, Or ItS SUCCeSSOrS, haS
the sole and exclusive right to provide-a~N reclaimed water ' ' ' services
to the Property described in Exhibit "A". All occupants of any
~~~ or non-residential improvement erected or located on the
Property; and all subsequent or future owners or purchasers of the Property, or
any portion thereof, shall exclusively receive their reclaimed water service from
the aforesaid Utility; and shall pay for Ih.~same and shall abide by the terms and
intent of this Agreement; and the UPAP3 for as long as the aforesaid Utility
provides such services to the Property. Further, all occupants of any
~-~t:ia~r cidenc or non-residential improvement erected or located on the
Property; and all subsequent or future owners or purchasers of the Property, or
any portion thereof, agree; by occupying any premises on the Property or by
recording any deed of conveyance with respect to the Property, that they will not
construct or otherwise make available or use h~~table «ater. ~~a~te~t-titer and
reclaimed water service from any source other than that provided by Utility.
OCCU Dant. Of tiny reCIdPO(`P Or non r ~~~Pntial :mnrm
ated on the Pron rtv and all c ~bc au nt or f ~tnrP own r
Tlurchacers of the Property or tiny portion therPnf an +ti + tility may
to ourchace anr~ use a vol ~mP of reclaimed Wgt r ea ~aL_I Into
Elaht~ percent (8U°/,0 of a vol ~mP of Wastewater dis harae
on an ea rival nt av ra a basic ac d termin d b~ th tiliri
~~' water well nr water o ~r ~c d olely to cunnl m nt irrl atinn Water ennnl~
_ excluded from this r tri tion x nt to th xt nt th Prnnert~ ~
rec acme water from tilit5~ a gal to the v~lnme of waetewot
~schar ed from h Pron rri'.
Further, in order to give an additional and supplementary notice to all the future Property
Owners of any of the Property of the rights of Utility to provide the Property with p;~taLle
~~-titer. ~~ a~te~~-titer an_d reclaimed water facilities and services, the Property Owner hereby
covenants and agrees to have the above restrictive covenant or its equivalent included in the
general subdivision restrictions and a~~~ _Qlatc of the Pron rtv and to place the same of
record in the Public Records of St. Lucie County, Florida.
4. Upon the continued accomplishment of all the prerequisites contained in this Agreement to
be performed by the Property Owner, end subject to completion of the Titilit.~ Fan'1't'
ecessarv to serve th Pron rtv_ Utility covenants and agrees that it will allow the
connection of the rer~•~~---ea „,,;~, u«~.,ii~i tility Fa iliti installed by Property Owner to
the reap^~,.,,.,, ~ c <i'~~Utility Faciliti~c of Utility in accordance with the terms and
intent of this Agreement and the UPAP. Such connection
~'~ opei ~~ ~~~. shall be in accordance with rules; and regulations of the #ea~tk
n°...,..~ *~tate the .
~~,. ~ T
IZPAP, and other ~OVern men tal `a aen n:nc
having i ~ricdi tion over th utility o~ rations of tility. Properiv Owner shall rnnnp..t
Di~~ trt [_-tilit~ E~tcmioi~ Police
Octo(~r 23_ _i _ Ps_~. 70
h Proq ~ a + ~l'ctrihntinn c~ctpm in accordance with the
reclaimed wa+ ~:rnmantc set forth In the UYAY.
5. Property Owner is required to pay " - ~ `- _ ' D " """ ~°°`~~ in order to support
ti!ir~__s investment in t>~ facilities, as well as the fixed costs of maintaining such
-- for the hene[it of
facilities and the unused capacity i~re}~r
Property Owner •» pro. ided in the L~P ~P. I"he_il~tnal_and cc~ntinuin~~ Pa` ilie-)fit ~,1 1_:~ ~~ is
an t~~entla~ ~~~nl~~~~n:nt Of t~l: C~~n~Idei"~3[I~~il t~~ ~ Il~lt~ t~~l' ~)t'O~_1Cjt11`3_Utl~li~ ~~1`~ICt_1~~ T~l~
-- _ ,
- T'- +'~--~ Property Owner agrees ~ - '
+~ .
c,,...";,.~ i.,:+:~+:~~and acl ~o.t..PC that the T A is not an impact fee.
6. The Term of this .~~reerttent is fi. e (~) years. Upon receipt of~-z-
the ('nnnection Fees and the TAA due ~mnn execution of thi A reement, Utility agrees
- ~ "initiate t~~icion of
to ~ -
water and wastewater utility service for egui~":ilent_ redisdential irri~~ation
connections (•`EBL~..i for Property Owner r,~-R-*«°T.ndurin~~ the Term of tl~e ~ ~r'een~ent-
Pr~~t~ert~ (~~~ner_ma~ extend the Term ~~f t1u~ 1 ~r~eluent_t~~~ addin~~nal_five 5)
_- . _ _ _ ( .. aoa
--t~aa_:~_ ear t.riu~_ h~ e~~~uti~,r,_~~t a _l~ttn L~t~~l,~rn ~~~~)'ee~Tle~rt t~~ be ~~~n
~ "'+ti`:J.c~l"C{e~~ lvll-ll~t the_hC~`~~~1-t~. ~i[L\Illeili Qr a T.1~ nleellnL the then_~~I1"C~ni
rtgt ir"emc nt, ~~f the UPAP, ~t_n m~_ any then e~i~tin~s d~fault~ h~ Pr~~~~ert. O«ner under th~-
thu~ etii~tina a~~re~ment. ,and try~etr-payment of
.. - __
~bkean~ additinn~~l fees rec aired under UP.-~I?. This ,~reement shall terminate
automaticalh ~r not PYtPiI(~P(~ in accordance with the iTPAP. and Property Owner
b b
a~reeS t'' + iT+ l r. mnv rP~nr~ a termination of *h;c l1aYPPmPnt in the event
Propprri Owner has not renewed the Agreement. l he term~natton shall e~t~n6uttin .ut
duties and obligations of Utility to Property O~~~ner under this AQrecmcnt, ~ncludu~,
but not limited to the resen anon of ca ricit~~ or obligation to ~royide utiliri service to
any ERICs ^ot connected to the l: tilit~ facilities at the time of termination. but shall
not affect utilit~~ service to a-» customers ~~~ho have connected to the l~tility facilities
and established a customer agreement ~~~ith Ctilit~ as of the dote of termination of this
~~refmtnt ~~ho~c utility sE~~~i~e shall be ao~e-•ned b~ the L ~P The duties, obligations
and ackn
~~14 and 16 of this A~ '- " tnrm~natlnn of this A~reemenr t~emt
r + +1,' A --- + + +„ +' F Chic ~rPPlilefFE-SHfl"
ui
7 Property Owner 1---~~~ ill Conctrnct nnd-t~ tr; °°~'~" ^`°°""c`''~• "°`' ""°+"~
,., t.. the Point of Cer'~'icP to Utility, at no cost, to C t~lit~~ eon-s-te reclaimed water
distribution systems ~p to Proner+.' (lwnerc reclaimed water storage facilities (not
a
includtilP on site + reclaimed water dictribLtion facilities on the cons~~mer ,~~,C ~~l
the ~lic~harae to the reclaimed water storage fac~htiesl referred to herein and such off
~__ n_~_....+_,
is to iTtGlity Facilities as determined nece,___c ___sarv 12w District to be constrncie~ ~-v r~~~.~~
Owner to connect Property Owner's on sit Utility Facilities to Utility's Utility
~L TTY ~ ti.
as "Property Owner Facilities-"1 ~Inon compliance of card rron~rr~~~w~~c~ ~4~~~~z
Facilities with the requirements of this Agreement and the UPAP foi tu_~ no. e- of
ft~iht~c, tility agrees to accep ownership the Property ~wner ' • '
operation. Property Owner shall cause to be prepared engineering plans and spec~ficattons
P.ice 71
n~~trr t i ulit~ L~t~r~~:,m Pi~~~ _
(t~ ~1~~ ~~ _~ ,
prepared by an_en ~ii~«rii~~_ tjrm in_th~ D~~tri..t C~~nn-a~t L_i~r;tr~_ and sealed by a professional
engineer registered in the State of Florida3 showing the '+ a sr '+ "'"`"`"'' "~"+""
* --•~ ~'"" *"" Property Owner Facilities. Utility will advise Property Owner's engineer
of any facili and sizing requirements as mandated by the UPAP. Such detailed plans may
be limited to a phase of the Property, and subsequent phases may be furnished from time to
time. However, each such phase shall conform to a master plan for the development of the
Property and such master plan shall be submitted to Utility concurrent with or prior to
submission of plans for the first phase. All such plans and specifications, including hard
copy and electronic media, submitted to Utility's engineer shall be subject to the approval of
Utility and shall conform to--the Utility's standards as set forth in the UPAP, and no
construction shall commence until Utility has approved such plans and specifications in
writing. After approval, Property Owner shall cause to be constructed, at Property Owner's
expense, the ' '-~"`' " "'"" °"°'""'property Owner Facilities as shown on the plans and
specifications. Fees, as set forth in the UPAP, shall be levied bv~to cover the cost of
t#e-plan review and inspection.
r i n .• c . r .ti .~ rro ~v s"" " "~, ~~. ti~~ ~onnecti~~n~
~~f ERC~ ~~r ER(C~ ~~ill be all~~~~«i_until P_r~~h~irt~ t~~~n~r ha, ~~~m}~li«i__~~ith_th~ rc~ltii_rem~nt,
~~f thi~ Se~ti~~n.
__
During the construction of the E'r~~~~~rt~__ ' a ~ " °;'°+""'Utility Facilities i~
Utility may from time to time inspect such installation to determine
compliance with the plans and specifications, adequacy of the quality of the installation, and
further, shall be entitled to perform standard tests for pressure, infiltration, line and grade,
and all other normal engineering tests to determine that the system has been installed in
accordance with the approved plans and specifications and the UPAP. Inspection by the
Utility shall in no way relieve the Property Owner of his responsibility to install the facilities
in accordance with the approved plans and specifications and the UPAP. Complete as-built
plans, including hard copy and electronic media when utilized, shall be submitted to Utility
upon completion of construction. ~ T ~ ~ . ." b
b b
'b ) 7
. ~ .b b
+~' a +'-" *'-"" "• ""°* Prouty Owner shall be required to re-install _anv
rr+~Property O« per Facilities which do not meet the requirements of the UPAP.
~-Property Owner hereby agrees to transfer or cause the transfer to Utility title to all
Property Owner
' ~~' ~-Facilities at n~~ c~~~t to *~ ^~^..:°;^"" ^f't"`
nt_ tilts . Such conveyance is to take effect without further action upon the written
acceptance by Utility of~hc said installation. As further evidence of said transfer of title,
upon the completion of the installation and prior to the rendering of service by Utility,
Property Owner shall convey or cause to be conveyed to Utility by Bill of Sale in a form
shied-~;-~.~rovided in the i3~ifi~IlEP the complete ^ °~+" "°`' "r'' °6+" """'"`"'"'' ` "`""
• ' ' ' ' ' ~ Property Owner a~Facilities___;1~
approved by Utility, along with documentation of
p~R~i}• Owner's costs of construction and Property Owner's No Lien Affidavit
provided in the UEP. Subsequent to construction of the faFil-i-~ies ltili Facilities and prior
District l tilit~ F~t~n~ion P~~}icy P,a~e_72
-_ _- - _ _ -
t r~t~~hzi 23 .i)1
to receiving a meter(s) from Utility, Property Owner shall convey to Utility all easements
and/or rights-of--way covering areas in which r ~'~•~,.,na ~«~-- ~' ~ ~~ a
Facilities are located by a recordable document in a form supplied by Utility. All
conveyance of non-platted easements or rights-of--way shall be accompanied by a paid title
policy for the benefit of Utility in a minimum amount of
$50.00 per linear foot of any granted utility easement (based on the centerline of the
easements-• ~~
• $50.000.00 fora Ttility-owned nnm tationc wactewatPr lift ctat;nn nr nthPr
- ine facilitie (if not con trLCted within an exictina utility ea emend
Said title policy shall confirm the f _rantor'sr~ ' li_t~ to convey such easements or
rights-of--way, and further, evidencing Utility-~ right to the continuous enjoyment of such
easements or rights-of--way for those purposes set forth in this Agreement. T-r,~~°~"^-~~
~r~ ~ r
~~ „toy{ t-.. n ,.... n ~ a i, ,t- .'t':' t
st~rese-is-~p~eked-l~r=the'-tt-l-it~. Utility's acceptance of the '- ~'°'m~~' ~•~~
iT,~°nProt~ert~ O« per installed by Property Owner shall be in accordance with
the provisions as set forth in the UPAP-_hr~~~ide~i a~ce~~tance_h~ Ltilit~ ;hall n~~t relieve
- __
Pr,~pert~___t~~~ner f--~~n~ its ~~h1i_ati~~ns under thi.:~~~reement. All installations by Property
Owner or its contractor shall be warranted for one~year (or five (5) years in the case of
}i€tt~ump station puma and motor accembliecl from date of Final 13€1?
~o.~;~:,..,.:,..,,
ae~e~~tanez h~ the District the last component of the tility Fa ilities to he
installed. Mortgagees holding liens on such properties shall be required to release such
liens, subordinate their position, or join in the granting of the e~~neasements or rights-
of-way. All Property Ow°ner
Facilities shall be located within an easement if not located within platted or dedicated
rights-of--way.
- b ~
~~'~ C,,,.,-:"" t..°~~~ro„-~ ees-~n~ethee--€ees-as set-Earth-in~lte-1='1~4P * +'` +''
e~en~t~
The timely ant{ c~~ntinuc~i payment by Property Owner of all fees in accordance with the
__
terms set forth herein; shall be considered essential to the continued performance by Utility
of the terms and conditions of this Agreement. The construction and transfer of ownership
of the ' a r '''*' Utili Facilities does not and will not result in Utility
waiving or offsetting any of its fees, rules or regulations. Property Owner shall not have any
present or future right, title, claim, or interest in and to the r~~'.,c...,,a °- r '''*' ~T' '
Facilities transferred to or owned by Utility.
~$ Upon submission of this Agreement, Property Owner, at his expense, agrees to furnish
Utility with a copy of the recorded Warranty Deed for the purpose of establishing ownership
of the Property. Any mortgagee or lien holder having an interest in the Property shall be
required to execute a Consent and Joinder of Mortgagee/Lienholder in the form as su-pPlied
provided in the iTUEP. A Property Owner must submit either a title policy or a
letter from an attorney licensed to do business in Florida confirming that either there is no
mortgage or lien on the property or any mort a e or lien holder has properly ex ~t d a
onsent and Toiner of Mort a eP/T,ieohnldP The title policy or letter must be issued
within thirty (30) days of submittal of the SDA._ ~~r else Utility may terminate thi;
.-~~_rcemeut. - --- -- -_
_~. _ ___
P ~t'iCt L Ti~.t~ F~tcn~i,~n Po!ic~
_ _ _ _ _ Pa ~~ 73
~,
~'ct~~hcr 2~_ ~~) ; _
~Q, Property Owner ~g~°-<<i~l:n~~« lei{~e~ with Utility that all ' `' - r •'~'~"°~
Facilities conveyed to Utility ~ef~ use in connection with providing reclaimed water
service to the Property, shall at all times remain in the complete and exclusive ownership of
Utility, and a-~ry_n~~ entity owning any part of the Property or any residence or building
constructed or located thereon, ~~~ ili have t~eam_ right, title, claim or interest in and
to such facilities, or any part of them, for any purpose. ' aa'*' r r+•t•+. ~t,.,tt r.,,. o +t,
c7IQ'c'frGC~'VLCfICTiir" coir, r
tc}the-c~eu-bra-rats-e~-eaet~--r~ ''' '' :r''• + +t `' + •"' .+•1•~`-
- n ~.. •1.:...1 ...~..*;..~ .. *:1:-.:.... +i.., TT+;1:4~rFUC.ia"~. `T'a t ~:
X14-. Notwithstanding any provision in this Agreement, pursuant t~~_ Chapter 1 ~3_ Part_ Il_.
Flt~rida Stlnit~~_Utility may establish, revise, modify and enforce rules, regulations and fees
covering the provision of T•~~~-•+E~te the--PreP~rtr c"^~ "''°
far xhe-see--c~ssi#+e~tiert of--serr iFe-l~:-t# .. P~~tahle__~~ ~t~r, ~~ a~tz~~ at~r an:3
- _ -
r~~laim«1 ~~~at~r ~~r~i,;z t~~ t_li~ Pr~~~ert~All rules, regulations and fees as set forth in the
UPAP, shall be binding upon Property Owner, upon any other entity holding by, through or
under Property Owner, and upon any Customer of the reclaimed water service provided to
the Property by Utility. Said rules and regulations include, but are not limited to, Service
Initiation, oversizing of facilities, use of previously oversized facilities or extension of
facilities.
b
X11_. Property Owner or #isi~ assignee shall not have the right to and shall not connect any
Prohert~_O~~itzr Fa~tlute~ of 1 f~C~, ur_FI~IC~ to the
Facllrties of Utility until approval for such connection has been granted byte Utility. The
parties hereto further agree that the expense of construction, operation; and maintenance of
all improvements beyond the Point of Service shall be the sole cost and expense of the
Property Owner ~ ' ~___uh~~n_an~ ether ei~tit~ holdingh~.
thr~~u~~h car un~lcr Pr~~errt~ O~~ner. anti u~t any Cust~~mer ~~f the reclainteti ~~atcr ~er~ie~
pr~~~ itled, t~~ the_ Pr~~~~~rt~_.. ' ' - .~ b
b
b
~~_ D •- _
.~ fll~ .~~TreenlenC rlln~
~~ ith the lan~l_an~l i, _uni~lue_ tt~ the_P~ ~,hert~ . 1 hi, .~~rr~eement__rtri~ nr,~t be a~•i~mzd_ ~~ itht~ut
the hl-I~ll- 1v rlTtcn ltln~ent ~lt_~ tlhty, anal nlav ~>n~v he a»I~net~_ t~~ a ~U~Ce~~l~r In Intel'Z~t_~lf
PCO}»rTV ~ ~~~ Ilel- Th the Pr~~pel"I~ _~~ a C~111~etllteRCe OL~ the lllllQtle nattll'e (~t ~~t-h~ ldll]`_ T~~1-
Ullht~ ~CI'~ lee tt~ tflt PrC~I)~["t\. n(' }~a1"t cif thl, ~LTreeltlent tllaA h~_3~~1~ Iletj ~ePal-atel~ lrorlt CElt
_ _ _ ~ ~ '
~~~hole t~f the A~~reement. ~rr`~ ith~tanilin« the ab.~~~e. ~tilit~ may permit Propert~~ O~~ner t~~
a~~OCa[c t~lc FR~(_~ to_pal'tl~ll~at' pat~e~~ ~~C UnItS ~~il the Pr~~~~el"t~ ~~n t~~l'm~ ~~I t~~l-th In the
l_ P.~P.
}-~~, All notices provided for herein shall be in writing and transmitted by mail or by courier,
and, if to Property Owner shall be mailed or delivered to Property Owner at:
I>i~trict L iilit~ F~t~mi~m P~~IiC~ Pa>e 74
_~
(rrt~~het ~3_ ~~)1
and if to *"~r;~Utili. •, shall be mailed to t"~~~t at:
St. Lucie County ater and Wastewater tility District
Utilit\~es Director
2300 Virginia Ave., Annex
Fort Pierce, Florida 34982
~L$, TheD~,rin~ the T~rn~ cat t11i; ~~rr.~mcnt.__thr rights, privileges, obligations and
covenants of Property Owner and Utility shall st~ai-ven~~t he terntinat~d h~ the Eet~let-ier-
„~'.t,^ ., ,,..i..
~~,~~unl~?v er of and ~~~~rn~~n ~~f the_Property Owner F i~_i(_itl~. t~ t~nlit~ with respect to
_-
Pr~.~~,~rt\ (h\n,er completing the ' ' ' ' ' ~remainina ~r~rtinns
__
of the Property Owner - aciliitiies and provision of ~ ility services to any phased area
and~er to the Property as a whole.
~1_~., Unless Property Owner is requesting additional capacity for the property described in
Exhibit "A", this Agreement shall supersede, null and void; all previous agreements or
representations; either verbal or written; heretofore in effect between Property Owner and
Utility; made with respect to the matter herein contained-herei-e, and when duly executed,
constitutes the entire agreement between the Property Owner and Utility. No additions,
alterations or variations of terms of this Agreement shall be valid, nor can provisions of this
Agreement be waived by either party, unless such additions, alterations, variations or waiver
are expressed in writing and duly signed by the parties hereto. Pr~~p~rt~____O~vncr
ac!:n~wvlzd~e• that,tatf and zi~~~~l,vv~c~ ~~f l~tility havz n~~ authrrity t~~ hind ~.~tility nr acre t;~
all\ addltl~~n,, altcl'atl~~ll~ ~~l' ~a['G1I1.~R~ ~~I t~f'IIl~ lit th7~ _~~_TI'e~II1zIlC OC CI]Z ~ P:1P• AVhl~l~ 01111
~~III\ h~ addeCl ti'. alteCZd (~C \ al'l~d h\ til~ fit. )_ rlC(C ~ t~11nTV (_ (~IIlIIll~i(~ln ~Ittln~, a~ the
I)i~u~i~t ~T~~\~rnin~~ heard. _This Agreement shall be governed by the laws of the State of
Florida and shall become effective upon execution by the parties hereto. The venue for
actions arising out of this Agreement isshall lielie in St. Lucie County, Florida.
-t~l~.. Special Conditions:
a, ^°+ ~*'''^~'° Utility shall attemt~t_to provide -reclaimed water
or the Property by ce with Property Own r'
L)~~i iC? I .I1?\ F\.C[1~iJli P~?IfC\ t~a_. 7~
development time schedule Property Owner acknowled¢es that due to environmental
nvrmittina cecnrinu of plant and line siting rights. public procurement processes.
financin~~~iirements budget constraints force maie~~r events and construction
schedules,~he timing of nrnvicinn of canaClty t0 the Property is an estimate only and
cannot b~yuaranteed by tility. Property Owner represents to Utility that Propert~~
Owner .c not rvl-vino noon the estimate of time set forth ahnve_ and that iTtility shall not
e responsible for any damages whether direct indirect special or consequential.
incurred as a result of aricin~ out of or related to Utility's inabilityprovide capacity
to the ProRed~~ in accordance with Property Owner's development time schedule.
District t~tilit~ E~~ension P~~1i~~ Pazz_76
~ ~cn~her 23. ~i)1 ~ ~ -- _
IN WITNESS WHEREOF, Property Owner and Utility have executed or have caused this
Agreement, with the named i-TF.xhibitc attached, to be duly executed in several
counterparts, each of which counterpart shall be considered an original executed copy of this
Agreement,
`VITNESSI~s' ST. LUCIE COUNTY,, ~i~~ WATER
AND WASTFWATF.R TJTTT TTY nTCTRT('T;
By:
County Administrator
Approved as to Form and Correctnessi
WITNESSES:
OWNER:
County Attorney
PROPERTY
District ~ i~~,~_E~~:r,~i~~i~ Polio Pa~~ 77
October ~3. ~~) i , --
__ _ __-
Signature
By
Title•
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY
The foregoing instrument was acknowledged before me this - day of
20 by = •~&
~r~
*~~~ of , , on behalf of
. He/she is personally known to me or has produced
as identification.
Signature of Notary
~!~[CiCi ~ III[\ ~Si:Cl~l~)t? P011i~ ~1_'c ~g
__ _ _ _ ..
(1CG?h~t'2~ ~~~~-
Typed, Printed, or Stamped Name of Notary
'_`T ~ Public
Serial Number
~I'1CI ~ L!?\ [\ ~[l~lOli P~~liiA P11_~ ~(~
_ __ . .. _ _
O~A~,,~,~ 2~_ ~I) I
i ~~:+i PROPERTY DESCRIPTION
!T T D ~_ T 1 i "T1L' D nT: TLiiC D A (` C i~TTr'~TTi(1N A i i l~" 7 1;' CT i2i A 1V Y\ ~`
PONDfS) LOG~TIO~
Di;n-iet t~tilit~ E~trsiw~ Pulic~ i'.!_e 8b
_ _ ___ _ __
October 23, 201?
P,-,,...,..,„7 1
Cs i ., !
jinn v:„,~;
b ..- ., .. ,7 D
`,,....ti-
..:., ~
ie~~e' ~j -~~~'7~t.
~~~-Exhibit B
SCHEDULE OF FEES
CONNECTION CHARGES
ERC's x $ - 00 per ERIC $
(AMOUNT DUE UPON EXECUTION OF AGREEMENT)
GUARANTEED REVENUE FEES:
TAA ERC's x $ per ERIC $
(AMOUNT DUE UPON EXECUTION OF AGREEMENT)
DOCUMENT RECORDING FEE: ( PAGES)
{$10.00 first page/$8.50 additional) $
(AMOUNT DUE UPON EXECUTION OF AGREEMENT)
PLAN REVIEW FEE $~-~8$$9TisD
(MINIMUM OF S~-A$A--9$-2 ~ OF CO~iSTRUCTION COSTS
DUE UPON EXECUTION OF AGREEMENT, WITH ACTUAL
COST PAYABLE
PRIOR TO REGULATORY SIGN-OFF)
INSPECTION FEES TBD
(`'IINIMUM OF ~_ 1=-~ ~ OF THE ENGINEER'S CERTIFIED
CONSTRUCTION COST ESTIMATE DUB U?ON EX=.'CUTION
CF F_^RE~^.ENT , WITH ACTUAL ADDITICNAI.-}
AMOUNT DUE PRIOR TO REGULATORY SIGN-OFF)
ADMINISTRATION FEE : $5-; A-9-~A$
(MINIMUM OF $5--9-A-X984,892.00 DUE UPON EXECUTION $4,SG2.00
OF AGREEMENT, WITH ACTUAL COST PAYABLE
PRIOR TO RECLAIMED WATER METER SET)
RECLAIMED WATER METER/BACKFLOW CHARGE• TBD
(TO BE PAID PRIOR TO METER SET•
UTILITY WILL REQUIRE RADIO-READ RECLAIMED
WATER METERS FOR ALL METER SETS WITHIN THE PROPERTY)
RECLAIMED WATER SECURITY DEPOSIT: TBD
(TO BE PAID PRIOR TO METER SET FOR EACH USER)
TOTAL DUE UPON EXECUTION OF AGREEMENT $
. ,
UI~'. ~~l ~ ~P,cll' ~~t ~1C~/1(tile'li 1]'lliil //iilC' /II /;/ilC Pcl~C'(ll)i,7 CI177'e'11! 1'~'.~r)~ll!!tl/].~.
__ _ _ __
Di~ti-ict l tli~ F~ ~.n~i~~n Pnlic~_ Page 81
October 23. -0l
EXHIBIT "H"
Pre an red by and Return to
St Lucie County Water nd Wastewater Utility District
~*~^• ~^'•"'" ~~^""^"Di~trlct I tlllty D11'eCt()r
n a a u cvcrm~r--rccvrvcT
2300 Vic•~inia Avenue
Fort Pierce, FL 34982
ASSIGNMENT AND ACKNOWLEDGMENT OF OPERATION AND MAINTENANCE
FORS ON-SITE RECLAIMED WATER IRRIGATION SYSTEM
THIS ASSIGNMENT AND ACKNOWLEDGMENT OF OPERATION AND
MAINTENANCE FORS ON-SITE RECLAIMED WATER IRRIGATION SYSTEM is
made and entered into this day of 20 by and between
'` ~'*^~ -'^*^-'•-^a *^ •'`^ ~Assignor~ and
~ f 3
"Assignee, pursuant to that certain Standard Reclaimed Water Development Agreement by
and between Assignor and St. Lucie County Water and Wastewater Utility District
(("Dish, dated RLA"_1.
The Assignor ,for and in consideration of the sum of ten dollars ($10.00), the receipt of
which is hereby acknowledged, hereby assigns to Assignee the operation and maintenance
responsibilities for the on-site reclaimed water irrigation system located within the Pro~rty.
and Assignee hereby acknowledges and accepts the assignment of and responsibility for the
operation and maintenance of said system as required under the~l;oT~r-e=~~«Q
a~ee~tent~}ZDA and the District's Utility Policies and Procedures.
This Assignment and Acknowledgment is applicable to the property as set forth in the-~e}e
+' a rt °* °~' ~°Eshibit A to the SRDA ("Pro~t_ty"1 and as more fully
^b~
described won EYhibit A attached hereto.
ASSIGNOR EXECUTION:
WITNESSES: ASSIGNOR:
D«tr~:t I n(it~_C~t.n~~~n P~ 1„,__
- ~-- - ~ ic~_ P1_e 82
October 23, 201?
b
NOTARY CERTIFICATE
STATE OF
COUNTY OF
The foregoing
instrument was acknowledged
_, 20 by
behalf of
known to me or has produced
ea~e~-Eie~. He/she is personally
as identification.
Signature of Notary
Typed, Printed or Stamped Name of Notary
ASSIGNEE ACKNOWLEDGMENT:
WITNESSES• ASSIGNEE'D--'°* ~~m~`•
t. V . tJV~ A
.~ d d reps:
before me, this day of
on
~.
t~~~tnct [ ntlty E~t~~~~ior, Polio P:~~: 83
___ _ __
October 23, 2012
NOTARY CERTIFICATE
STATE OF _
COUNTY OF
The foregoing instrument was acknowledged before me, this day of
20 by on behalf of
produced
-ee~~e~iee. He/she is personally known to me or has
as identification.
Signature of Notary
Typed, Printed or Stamped Name of Notary
hi~trict ~ ~tilit~ F.~tz~~<i~~n Polio P~.:~e 84
October 23, 2012
c-r, r r~rr~ rnr~r-~-~~DISTIZiCT CONSENT:
sy:
Date:
Print Name
T#e District Utiliri~ Director
,.
hi~tnct [-utit~ F~t~~~ion P.~lic~ Pae: 85
__ - __ _._
October 23, 2012 _
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October 23, 2012
cTnTT~ nT: T:r nDrTln
r~nr TATTY nT;
-iz7@-~6~~0ii}~-}~S~i~C'-fib'b'ricer-c^cC-~~~vicc~r~~°Tcc'~raE'~Prc-irr° rT,;~ ~?
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I>~trict C~tility E~tcn~i~m P~~!ic~ Pae~ 90
_ _ _ _ __
October 23, 2012
jinn v:,.,,;
b ,,;., ~...,.,,.,,
rl~rrrTC~e' ~ ~~vc
~I~ICICI ~ I1~1(\ ESi~il~f~`Il P~)iIC~ Pa'!c 91
October 23, 201?
EXHIBIT "di"
Prepared by and Return to
t. Lucie County Water and Wastewater Utility Distric
Attr.: ~'^••^+-~ ""^~°~nistrict L tilii~ Director
2300 Virginia Avenue
ACKNOWLEDGMENT AND a1.1.OCaTIO` OF RESERVED
(EXCLUDES PRE-PAID CONNECTIONS) EQUIVALENT RESIDENTIAL
CONNECTIONS AND CORRESPONDING TERMS OF THE
Tn DDnDCDT7L'C T1f11C'tiTilCiL'lfl try? Tar nDi!`i\" ~ i STANDARD DEVELOPMENT
x v x xcv~x ixc x r~oTn~t_ rx a xtn xt .Tixt vzcrQZ=T'r~.
AGREEMENT
This ~reement is entered into between
~~~~18~j"A~i~-Tivi~P-•o~ern O« per") and ("Parcel O~cner~,
+.. A~~:...,.,., fl~Ht-ncS~2~t:•,l~cri-cvmicC~i6i~S~D!~~j-ii-vnr
t~l-&~-Fer~&In13i'C'ii9HS &~eet~eR-~b~~nd vetiFcc~r"r~~Fir'~iTnv~ any
dined ~ +
I}erei~€ter~~~ T~~' "~
$Propert. O~~ per has entered into--i-e that certain Standard Potable Water.
astewater and Reclaimed Water Development A reement ("SDA"1 dated
between ~;=n=~Propert. O~~ per the St. Lucie County Water and Wastewater tility
District ("Districtl~the "~Da"),-Parcel O~~ner has acrauired a portion of the Prop-•h
described in the SD_a (the "parcel") ~~ hich portion is more particularly described as:
The propert~~ recciyinQ this assignment is located in St. Lucie Count, Florida. and contains
the fullo~r~in ; legal description:
Lot ,Block
Propern Ot•~~ner hereb~~ allocates to Parcel O~~~ner ~Equi~~alent Residential
Connections (EKGs) / Epui~~alent Residential Irri~ntion Connections (ERICs)~ as reserved
b~~ Prope--t~ O~~ per iu the SD.a for use on the Parcel.
None of the ~ERCs/ERiCsI a~s~-netallocated by ~ss+~rProherty O~~ ner~4
Parcel O~~ per have been pre- a~~~ ~si=m,rPropert" O~. per to the District.
n~ ~ ~_, l at~~l O~~n~r a~r<<e~ t~~ a_;<um~ (rc~~ert~ O~~n~r s
^••~~~0~x-~„ beTduties and obligations __ • under the SDA related to c~~nnectinn. ~,~f~_those
~ERCs/ERICs~ being assigned t~~__the l:tilit~ S~.tzn~ an~i initiation of titiltt~ ~er~tc.e.._~~ith thr
District ^~a "ccr~-N>c>c ti^,-^~..- including. but not limited to the obligation to pay al
istrict fees and charges that may be owing with recpect to uch I .R i sl-a-ed
~,t C ul~t~ F~t~n~ion P~~lic~ Pa~~: 92
[~i~'r..~........ ___ _ _
October 23, 2012
,.1.,,,,.. lo,a,TO~ ~:4,:I:r.. F .. .,11 ..I.a~ .:1.,..,.~ rl„r:o~
^b`. -cirri
a ~-~' ~*~ ^~ ~av *~-^ ^ti^ ^f ^ '- T~ A Pursuant to the
SDA, the ~'crmina?i~~i~ date of said ~all__~~~attd jERCs/ERICsj is
I~he ahilit~ t~~ c~~nn~ct ai~~ ~~t tl~e all~~cated ERC~ FRIG ~~~>t
~ ~i~l~z~ted t~?_the t_tiiit~ L~}_ thz t~iminati~~n datehail be ~~tm~ui~lled. .a default h~ I_'rohert~
( ~~.~ tl<< u~~der the ~D.a >hall act a~ a det~iutt under this _A~icerlent and may result in a terminati~~n
•__
~ t Cll2'ia~~.:'.C:I]'t ~`1 PaI'~e~ ~)VAl1C1' ~ Il~ill,I~ li' ~~'tllieCt [~.R(~ F:RIL ~~ t~~_Tlle ~ T111~~.
BY EXECUTION HEREOF, ~-~~I6~8RPROPERTI O\\ \ER ACKNOWLEDGES AND
AGREES THAT THE NUMBER OF ERCs REMAINING FOR PROP;h:il7~l
O\1NER'S USE ON THE PROPERTY PiTRSilANT TO THE TERMS OF
THE SDA IS ~ERCs~BL~_ .
Both nartie~ a~irnnwlPdge that this Agreement is not ffective until submittal to the District
for an r~~navment of all administrative fees and cods related to such approval. and
written consent~~ the District. Both parties further acknowledge that the District has no
responsibility for administering an~~ financial arran~em etween the parties"°°~~^^ ^~a
~. ~
~CCT!`\Tl1D x'yr!`T1TTl1lT
wiv-_-. v~i~zri.
WITNESSES. t-,,...,,.,.^.;,,.,i"~~„ . rrr^....:;,.^:.;c~
"ccrPR01'ERTY 01\'NER:
m~~~
District t tiht~ F.~tcn~ioi~ Police P,a,~.; 93
October ~3, 2012 V
NOTARY CERTIFICATE
STATE OF ~9~BA
COUNTY OF
The foregoing 'b instrument was acknowledged before me, ^ ~^*^•~~ D••'~'~^
~•- ''^°°*~~ ~''^•-~a°, this day of
.+
20 ~v on behalf of
. He/she is personally known to me or has
produced as identification.
Diurict t~tilit~ F~t~~~si~~n P~~li~~ Pa~~ 9a
__
October ~~, 2012
WITNESSES: "cc~PARCFL O~~ \F: R:
e~~ires• c:,..,.,t,...,, „sue-~..,....
b
T.-„„a P.-;.,tea ~.- Ct.,.,,.,~a 1~'.,.,,., .,f
NOTARY CERTIFICATE
b
-1-YL'le
The fore~oina instrument was acknowledged before me. this da~~ of
^ 20 by on behalf of
He/she is nersonally known to me or has produced
as identification.
D'<;ric[ i uiit~ F~~~mi~~i; P,>lic~ P.i~:' 9~
__ _ __
October 23, 201?
~#e District Utility Director
Date:
c. r . „ r-,,,,,,~.-
jinn v:,.,.:.,:., ~..,,.,..,,v
b
r 9i'~ ~tC~i'~r i~s~~
Print Name
D.~trict_[ tilit~_F~t:n~i~~n Pulic~ Pa~=z 96
October 23, 2012
EXHIBIT "K.1"
Prepared by and Return to
t. Lucie County Water and Wastewater Utility Distric
Attn: ~#i' .Ar--~;-niTDistrict L tilit~ Directot•
2300 Virginia Avenue
Fort Pierce, FL 34982
ACKNOWLEDGMENT AND ASSIGNMENT OF PRE-PAH) CONNECTIONS AND
CORRESPONDING TERMS OF THE
Tns~--rT~T>: n r~T ~ru~- nDT~-T~-A T STANDARD WATER~WASTEWATER AND
RF.CL.AIMED WATER DEVELOPMENT AGREEMENT
This Agreement is entered into between `
A ecr~l"~rY ronertc Otivuer"1 and (" A~eYarcel O~~-ner~,
PI'~i~)el-tV ~)\~n~l- hay C'iltel'ed InI~` tllat ~CCtalll
.. _ __
Standar~t Putahle ~1 aier. ~~ a,t<<~at.:r and Reclaimed ~l-ater_I)e~el~~~ment_ 1~reement 1,'-~U ~~~-~
dated bet~~een_Pr,~f~err~ O«ner and the St. I u~ie ~uunt` \~_ater and ~1a~te~~atc_r
- - - - - _ -
- ~ -- _.SU~ 1. Pai'.:el L1lAn~f hay 8~~~1111-ed CI l)Ol'th~n cat the PI-h(lc'Ct\
~t~l~t~ L)I~U-leC (•'I~i~tnct ) fti~~
._ _ _ _ -
dt~~l-ll-ed 111 the ~f).~ (tlie Pat'eel ) ~lhleh (~~'I'TI~~n I~ mi~l'C (Y<1Ctl~ldal'1V dC~CI'lfled a~:
L~~t . fil~~cl~
Pr~~J~errt~ ~)v~ilel- hzreh~ all_~~~t*~~__ti~ Par~l O~,,_ner __~e--jEquivalent Residential
_ - --
Connections (EKGs b
#ey.ei-na-4•T~r A CCT!`N1: 1•.~uivalent Residential
IrCi~ation Connections (EB.L~~1.1 as reserved by "°°~ ^ '~^' ^^~-`^~° c.^..a^..`' D^`^'''°
.,°
VELA-t^.. zz~^~*^....,.,... ..a D,,,.t^:...,,a zz~^.,... n,,..,.t,,.~ .,* A ................ nccn A "~
F,^+.~-...,.. A~~:.....,.. .,a •t... C• T !` 4., UV •.... ..a tzl..~+.,....,*.,.. iT•:1:*.,
ll:~r.. t lccil:~+.. •1 1...7: t...t ~.r 1: :t°a +° •1.^ f 11,E :a F ..a ,. t, ,,„.~~
z~r~?-e«5- ~ -~~-~-TCric a-r:-iia~....a.ir~o- - - -
..,,1...,.a a., ~ .. L. fL`D!`~/L'DT!`.-t. !".......,..*:..,. >r°° Q_ -- .. fL'D!`/L'DT!`t. !`...,......a,.,.a
D.....,.,. ~...,..- C ---- ----- fL'Df'/L'DT!`l. !1•1,.... tr°°~ .I I•o ert~~
ZC{TIZiII~TlT7~ - - ~•l^--r-TT~r/ /'
O~~ner in the SD.a for use on the Parcel. The (ERC~%ERICsI allocated h~ Propert. O~~ner
to Parcel O~~ner have been pr_e~~aid b~~Yropertz~ O~~~ner to the District.
t,
;' Property O~~ ner a~arz, to ~~~ume Pr~~ ~~.rn (~«ncr• ~,~*~^~ ^°°:^^° "n
r~i~ileges; duties and obligations €er^*.~i~;.Qr-under the SDA related to c~~nn«ti~~n
~~t _those ~ '~ •fFR c i 1 being
assigned to the I-tilit~~ S~~stem and initiation of utility sel-~~ice ~~~ith the District. including.
but not limited to, the obligation to nav all District fees and char¢es that may be owing with
rgsnect to uch f ERCs/ERICsI. '~ -
• .b 1 7
Di~t,ict t tilit~ E~tzn~i~~r P~~lic~ Pc_e_97
___._ . _ _
October 23, 2012
b ~el3t~_rn~ination date of said
assedall~~rlted ~ERCs~$L~ is Thy ~bilit~ t~~ c~~nr~ect any of
the allrcated ERC~ERiC~ n~~t c~~nnecred tc~ the C~tilit~ h~ the terminati~in date shall be
z~tin_~ui•he~.__ ~ ~izfault _h~ Pn,pert~ C)~~ per _under _the ~[~-\ >hall apt 3> a default un~iel _.thi~
_~~r~el]1e11I 3110_1113~_I~ UII li] 3 Ielllllllatl~`Ll ~lr ~U1~31ililellt (~1 PaICe( ~)~A-ile[' ~ ahlllt~ t~~ ~01111e~T
-- ---- -
FRC; FRIG c t~~ the L tilit~.~'°~ *~~ „ „c .ti;~ ., ,. ..* ,.-, ~ r •~ . a n•
_. b ~ b b
b
:t >CD!`~
~s
BY EXECUTION HEREOF, ~~~~I6NARPROPERTI~ O« NER ACKNOWLEDGES AND
AGREES THAT THE NUMBER OF ~Ft-E >D-~~ERCs REMAINING FOR
' PROPER"Tl O1~\F.R'ti USE ON "hHF. PROPERTY
PURSUANT TO THE TERMS OF THE SDA IS z~~ ~x%iTU ~ ~ ru cr~vr-i r
L' A ~.ii7 ~' it\x'L'i i PU!` i "~'7T f'lIiTNTL'il A C l1NL' / 1 \ 1CD!` A 1\n lC ~ !`L7 1lTT'7 Ti lC A ~ iTT [,~
D~~zL1JIN~z'11~E~>=rNTLB-AS €RGs fERCc i 1.
oth parties acknowledge that thi ,preement is not effective until ubmittal to the Di trict
for approval, payment of all administrative fee and cost related to Inch annrnval_ and
v the District. Both parties further acknowlerlue that the i)istri t ha
• ility for administering any financial arran ement between "°°~~°~~ °°-' "°~:R~~~
~;*~, .. ,.,...,,.~:~ ,. .,. the Parties. ------- ----- ---------
WITNESSES: ~ ccr^;iPROPERTI" O« \ ER;.
.~uuwr b
Print Name•
y•
Print Name•
Print Nam
~i~le
Di~trlct [ [ilit~ F~tzn~ion Prlic~ Pa~_=c 98
--- - _
October 23, 2012
STATE OF ~A~BA
COUNTY OF
The foregoing 'b instrument was acknowledged before me, ^ `T^*^•-~~ °°'~'~^
~'^••°*~~, ~''^•-~~'^, this day of
20 by~ on behalf of
He/she is personally known to me or has
produced as identification.
e~fi}i~e~ Signature of Notary
Typed, Printed or Stamped Name of Notary
District [ tilit~ F~t:nsion P~)ii~~ Pi__ 99
. - - _.__
October 23, 201?
b
P.aRCFI. O~~ \ER:
CT i iT(`iL` !~lli7~iTV
A!"il'U!1\l,'i T:il!`L'A,iL'NT.
~i-tle
Print Name:
Print Name
L/~«T~i.~ t Ullt~ E\It fi>!~)II Pl)~il.~ P~I,C 1~~
October 23, 2012
~2nn ~-:..,.:,,:., .~..,,.,..~V
b
z~-"~7~~°~c~JTivc
District L tilit~ F~temion Polio Pa~_~ 101
October 23, 201?
EXHIBIT "LIB"
Prertared by and Return to:
t. Lucie County Water and Wastewater Utility Dictric
Attn: r'^°~ - "**^~~^-'District C~tility llirector
2300 Virginia Avenue
Fort Pierce, FL 34982
NOTICE OF TERMINATION AND PARTIAL RELEASE OF STANDARD
FPOTABLE WATER, WASTEWATER ANDS RECLAIMED WATER
DEVELOPMENT AGREEMENT DUE TO NON-RENEWAL
THIS TERMINATION AND PARTIAL RELEASE OF STANDARD FPOTABLE
WATER, WASTEWATER AND~9R RECLAIMED WATERS DEVELOPMENT
AGREEMENT DUE TO NON-RENEWAL is filed. this
day of , 20_• by °~a ~^*-• ^^~ St. Lucie County, '•^--^~~^r*,.° ..^r^....,.a .^ • ~ *"^
.~
7 ,
• l V AJ
r^:~e: rcu t^ "p•-^~^••*-° n.. ~^•-" Water and Wastewater Utiliri- District ("District"l.
WITNESSETH
WHEREAS, on 20 the District and
"Property Owners entered into a Standard f Potable Water, Wastewater ands Reclaimed
Watery Development Agreement, ~^•-^~~^r*^~ -•^* •--•^-' *^ ^~ *~^ •`SDA"~, for the provision of
f potable water, wastewater and~e~r reclaimed watery service to property owned by Propem~
Owner: which SDA was recorded in the official Records of Ct_ i,nriP ('nnnty_ Flnrirla_ at
Book and Pale ;and
WHEREAS, ~he~ePer~y--Bii-err---hRs~~id-te~Hist~i ~ ~ r
s ..^,a .. ,...,, *ti cn ~ . a
"a~usns ~ c •a cn ~
~.~~_~==~~a ~.n--= ..~as~-eeerded--the 8€~eiel wee-erds~t l~ee:~-~.-..ate
-, ~~--~":zu~S, in accordance with Paragraph 5 thereof, the term of the SDA is five
~5) years, which ...., he . ~tcnuc~' ..r ,.,,^ ;.-. *ti^ r +ti TT.•~•..- ~ .
p°'~~~~ ^r *~~ n'°*~~^'term ended on ;and
WHEREAS, the Propec-t}' Owner has °^*~f^-' ~~^ TM°*-•~~* ^r ti:~ a^ '•+
` ~ b
thenot renewed said SDA in accordance with the rT,~District's Utility Polices and
Procedures ("UPAP"1 as defined in the ~T)A; and
•p 1 7 •b b 7 7 7 f 7
•b f 1 7
•b 7 •
b b e 1 ) ) 1
D ~tnct [ tilit~ E~t~n~ion Polio Pa_e 102
_ _ -- -
_....
October 23, 2012
NOW THEREFORE, ;weeft~e-~t-ht~T~t~~ad-~b-ree»~ts
b .the District files this Notice of
Termination of the SDA in accordance with the terms of the SDA and the UPAP. Except
for the ~eri~iet~s Owner as set forth in
Paragraphs 3, ~,~ 7 8, 9, 10, '? ^^~' " '"^~^^'~'~, 14 and 16 of the SDA which survi~~e
termination, the SDA ^°^^••'^a ";~ and-~et»~eee the District-~-~'s obligations to Property
Owner dated , ~~-;-s-herebr~under the SDA are terminated.
~~nd- bi--~- rem ~i-~ tng-- rights--~'.~tT~~- e,--e~liga-tien~ e~isting--i~-t#~e-
------- -- - ---- -o- -r--- -- - -- -- -- -----
b b •
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4v ~~
,
Pa~~~ 1 ~
District ~~tilit~ Est~n~ion P~>lic~
October ~3, 2012
T
• 7 7 ~ b 1
~~'ITT'~1~$S€S• ST. LUCIE COUNTY~9~I-B,4 WATER
AND WASTEWAT .R UTTT.TTY T)TCTRTC'T•
By:
County Administrator
Approved as to Form and Correctness
County Attorney
T'tl
C' +
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e-i^
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vi ir-iff3}e
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~1li~e ~ ~ issle~
D ........ ....
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~ inn v:
e r-i-Eze .1 1~~.., ...1 Dom,*,..... a
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ree; ~II~9S~
C~i~ riot I ~tilit~ E~tznaion Polio Pa_e lOd
October 23, 2012
EXHIBIT "~4L"
Prepared by and Return to:
St Lucie County Water and Wastewater Utility District
Attn: 'llist-•ict Ltility Director
2 03 0 Virginia Avenue
Fort Pierce. FL 34982
AMENDMENT TO STANDARD (POTABLE WATER, WASTEWATER ANDS
RECLAIMED WATERS DEVELOPMENT AGREEMENT DUE TO INCREASE IN
CAPACITY EQUAL TO OR LESS THAN TEN PERCENT (10%) OF THE ORIGINAL
CAPACITY RESERVATION OR TEN (10) ~ERCs/ERICs~, WHICHEVER IS GREATER.
THIS AMENDMENT Tn cT ~ ~n iP~D-~TOT~BL-~~-ZV~~EP~ T' ToT~~',«' A TsD nD
m.~~'Lr1I->IEI4-Z~4~TT`Ff~-DE~iE~Pi1IE~f~-Av~~EE'~1~E-~.` ~HU~z-T v- ~NTf'D~ ~ C~' irti,"
C~4E;E~'~-EQ~>~TZ"~~- ~~~~ER~EE~1T-~1-9~~°~-9~ Tug nDir-iv A i
!` A D A!`iT[." DL'CL'Dt' ~ TinN !1D T~'l1I /1 Ll\ L'D!` /L'Di!`~ [xli7i!'i7L'[%L'~ ICS ~DL' ATL'D~ 1S
made and entered into this day of , 20 , by and between St. Lucie
County, " .,r`,... •'~r~•'-""' '" "° `"" Water and Wastewater Utility District (`District' and
hereinafter referred to
as "Property Owner".
WITNESSETH
WHEREAS, on ,the District, *" b" ~*° '~°'r°' `'"°'b°"", entered
into a Standard Potable Water, Wastewater erg Reclaimed Water Development Agreement;
" r*~-- ~~~ --~~'' *~ °c ~"SDA°'~, for the provision of potable water, wastewater e-r~d
reclaimed water service to certain property owned by Property Owner: and
WHEREAS, the SDA was recorded in the Official Records of St Lucie County, Florida.
at Book and Page ;and
WHEREAS, in accordance with Paragraph 5 therein, the Property Owner desires to amend
the SDA to increase the aflec-a-t-ie~reservation of jequivalent residential connections ("ERCs")
and/or equivalent residential irrigation connections ('`ERICs'' ~ for the subject
property to jERCs/ERICs~, which is less than or equal to ten percent (10%) of the
original reservation, or ten (1 O) ~ERCs/ERICs~, whichever is greater; and
WHEREAS, the parties desire to amend the SDA to provide for the increase of capacity
reservation.
NOW THEREFORE, in consideration of the mutual covenants and agreements expressed
herein, the parties hereby agree as follows:
The SDA is hereby amended by increasing the allocated ~ERCs/ERICs~ for the subject
property to ~ERCs/ERICs~ which is equal to or less than ten percent
(10%) of the original reservation of capacity, or ten (10) ~ERCs/ERICs~, whichever is
greater
District i-tilit~ Fst~~zi~~n Pole Pa~~_105
October 23, 2012
2. U2on execution of this amendment,~~a~-*~ property Owner ~sshall o~X to
the District a--Tet-a1lh~ amount of S ditional fees and char a for
said additional [ERCs/ERICs _ ~-'^°^^ - ~~*" *"^ -•^* ~ a r as set forth i-n--the
SBAon Exhibit "A" to this amendment.
2. xcent as modified in thi am ndment. ac and every other term of the SDA
shall remain in full force and effect and the SDA is hereby reaffirmed as modified
herein.
The District s#a-I-4-~iu1~1n~ record this r~-~en~I-r~e~rtamendment to the SDA.
IN WITNESS WHEREOF, the parties, by and through their fully authorized agents, have
hereunto set their hands and seals on the date first above written.
WiTT-N.TSS~S: ST. LUCIE COUNTYB:~ WATER
AND WASTEWATER TTTTT.TTY nTCTRTC'T;
Approved as to Form and Correctness
By:
County Administrator
County Attorney
WITNESSES: "v~~ PROP .RTY OWN .R•
er-Print Name•
Print Nam
I~~~~rict t_tilit~E.~tz~~~~~n Police Pa_z 106
____
October 23, 2012
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY ~-
The foregoing instrument was acknowledged before me this _ day of
_. ~0 _; by , on behalf of -
~e. He/she is personally known to me or ~k~has produced
as identification.
Signature of Notary
Typed, Printed or Stamped
Name of Notary Public
Serial Number
District I-tilit~ E~t~nsiou Polio ~a~~_107
October 23, 2012
12nn ~ A.~ •
Yb•
Fer~ieree~i--~°~
WITN . S MORT(:A(~F HOT nF12•
Di~tnct [ nl~t~ E~tz~~ion P~~lic~ Page 108
- - _-
October 2~, 2012
~~-~--Eshihit A
SCHEDULE OF FEES
CONNECTION CHARGES
ERC's x $ - 00 per ERC $
GUARANTEED REVENUE FEES:
TAA ERC's x $ per ERC $
DOCUMENT RECORDING FEE: ( PAGES)
($10 00 first page/$8 50 additional) $
(AMOUNT DUE UPON EXECUTION OF AGREEMENT)
ADMINISTRATION FEE• $~~94,8y2.00
(MINIMUM OF $~-A99:-A-~-4 , 892 . CCDUE UPON EXECUTION
OF AGREEMENT, WITH ACTUAL COST PAYABLE
PRIOR TO METER SET FOR FIRST USER)
TOTAL DUE UPON EXECUTION OF AMENDMENT $
~"t,te: Fees nnrr be rr~ljrr~7e~! fi•unr titfre to tiffre h~tserl oar crrrretrt resolr~tiuns.
Di~u-ut l tilit~ F~t~n~i~~n P~~lic~ Pa_~_109
October 23, 2012
EXHIBIT "~i~l"
renared by and Ret ern to
t. Lucie County Water and Wastewater iltility T1Gctrio
Allll•
"+`°' `~'^""'" "+'^~~^°District l tiliri- Director
2300 Virginia Aven~~e
Fort Pierce, FL. 33982
TERMINATION AND RELEASE OF STANDARD
(POTABLE WATER, WASTEWATER ARALYp RECLAIMED WATERS
DEVELOPMENT AGREEMENT DUE TO ZONING DENIAL/WITHDRAWAL
THIS TERMINATION AND RELEASE OF STANDARD FPOTABLE WATER,
WASTEWATER 9RALYp RECLAIMED WATERS DEVELOPMENT AGREEMENT DUE TO
ZONING DENIAL/WITHDRAWAL is made and entered into this day of
20 , by and beriveen St. Lucie County~erei~ter re€err~d teas t#e ` Water and Wa tewater
tiliri Di tri t (
District's and ~-~~^~aa^ ^ +• ~, f+ r a +
a-s-~"Property Owner'.
WITNESSETH
WHEREAS, on _, 20 ,the District and _ ("Property
Owners entered into a Standard f Potable Water, Wastewater erg Reclaimed Watery Development
Agreement, "^~°~°^r+^~ ~^*'^~~ .~ + +~- ~"SDA''~, for the provision of (potable water, wastewater
erg reclaimed water3 service to property owned by Property Owner as ~^~* ^r a^ n~^~^ +-• ~- -
. ;which SDA was recorded in
the Official Records of St Lucie ounty Florida at Ronk and Pa a ;and
WHEREAS, the SDA was recorded in the Official Records at Book and Page ;and
WHEREAS, the Property Owner did not receive zoning or site plan approval for the subject
property, or said zoning or site elan annroval petition was denied, and ~a:d P: o~^~+-• n---~^~ -• ^~
snbse~uen~l;=refunded t#e-fet~meen~e€Sz.em t#e~e~-::mod
' •b 1 •b
b , - ,
eauested to terminate the SDA and receive a refi~nri of cnc
amounts as permitted under the terms of the District's tility Policies and Proced~rec (" TPAP"l.
NOW THEREFORE, in consideration of the mutual covenants and agreements expressed
herein, the parties hereby agree as follows:
1 The SDA
,'0 is hereby terminated.
ht~n~ict i-ti,l.it~ L~ttn~i~~n Pu1ie` Pa~~e 110
__ _
October 23, 2012
2. The Property Owner hereby acknowledges receipt of the total amount of $ 1
terefunded by the District in fall and final settlement of all monies due to Pronertv Owner in
accordance with the terminated SDA and the UPAP.
3. The parties agree that the District and the Property Owner are no longer bound by any rights.
duties or obligations existing under the SDA and the parties are hereby released from any such rights,
duties or obligations.
4. The District ~y~ record this Termination and Release of Standard {Potable Water,
Wastewater e~a~ Reclaimed Waters Development Agreement Due to Zoning Denial/Withdrawal.
District t-tlitj E~tei,~i~~n_P~~ii~~ Pa~~~_111
October 23, 2012
IN WITNESS WHEREOF, the District. by and through its fully authorized agent, and the
Owner have hereunto set their hands and seals on the date first above written.
`~'iTN LEST S : ST.
LUCIE COUNTY~9R~~4 WATER AND
WASTEWATER TI ITY DI TRi T:
Bv:
County Administrator
Approved as to Form and Correctness;.
County Attorney
WITNESSES: 'ti ~ "T~` PROPERTY OWN .R•
N
c•
b
Print Nam
Di~u-ict t tiJit~ C~t.n~i~~n Pc~lic~ P1~~ 112
__
October 2~, 2012
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY 9~_
The foregoing instrument was acknowledged before me this - day of -, 20
_- by . on behalf of --~#e. He/she is personally
known to me or ~-he-has produced as identification.
Signature of Notary
Typed, Printed3 or Stamped Name of
Notary Public
Serial Number
Digit pct l~ti~!t~ F.~[emirn Pnlic~ Pa ~~ 113
October 23. 2012
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Di~u~i~t t~tilit~ F~ten<iun Poli~~ Paz 114
__ _
October 23, 2012
A •~' z-irc~rC~ ~ b &~H PC'-~~c^-Fc~
Di~t,ict L~rilit~ Estei:~i~~n P~~li~~ Pa~~e 115
__ _ __
October 23, 2012
F\HIRIT ••\"
PROJECT CLOSE OUT DOCUMENTS
REQUIRED DOCUMENTS
NOTE: THE PROPERTY ~Ia~SOWNER'S NO LIEN AFFIDAVIT, BILL OF SALE, COS
DOCUMENTATION, AND RECORD DRAWINGS SHALL APPLY TO THE SAM
PROPERTY.
Bill of Sale and Exhibit 1 -Cost Documentation -Conveying to St. Lucie County Water and
Wastewater Utility District all Pr:~h~rt~(~«n~r Facilitie, ipotable water, wastewater, and
reclaimed water facilities) up to the Point of Service.
Property 9~tet~Ow.ner,c No Lien Affidavit.
Recorded utility easements with an appropriate Title Insurance policy benefiting St. Lucie County
Water and Wastewater ltiliri~ District ($50.00 per linear foot of easement and/or $50,000.00
for Authority-owned lift station if the lift station was not constructed within a platted or existing
easement). The easement's sketch and grant documents must be reviewed and approved by the
"•~-~~ prior to recording.
THERE WILL BE NO RENDERING OF UTILITY SERVICE, INCLUDING RELEASE OF METERS,
UNTIL ALL OF THE ABOVE DOCUMENTATION IS RECEIVED AND APPROVED. IT IS
REQUIRED THAT THE ATTACHED STANDARD FORMS BE USED. ONE EXECUTED
ORIGINAL OF EACH FORM IS REQUIRED.
FOR QUESTIONS REGARDING THE ABOVE AND OTHER PERTINENT DOCUMENTATION
CONTACT THE DISTRICT AT (772) 462-11..,59.
District L~tilit~ E~t~n~i~~n Pulic~ Pa~~ 116
October 23, 2012 --
EXHIBIT "BO"
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Di~u~ict t ti!it~ E~t~n~<~n P~~li~~ h.=~_ 117
_ _ - _ __
October 23, 2012
E~~rT "n„
n--~~
BILL OF SALE
Know All Men by These Presents, that
e€ , 'tt t~e~e+tnti- e€ d Sta-te-e€
_ (insert addreccl. th Harty o the first part, for and in consideration of the sum c
tin dollars lawful money of the United States, .-,
other good an val ~abl conciderati ,the receipt whereof is hereby acknowledged, grantee
bargained, sold, transferred and delivered, and by these presents do grant, bargain, sell, transfer any
deliver unto ~°•~n~ t. Lucie County Water and Wa tewater tility Dictrict_ the na.~t~ of th
second part, °°~••* -' ' • and its successors and assigns, the following goods and chattels:
Potable Water, Wastewater, and/or Reclaimed Water Facilities consisting of those coml
set forth on "Attachment To Bill of Sale" attached hereto all °°'°, °-'-~~~ ' , a located
the property described as:
To Have and to Hold the same unto the said part of the second part,
successors and assigns forever.
AND do-per Viand ~_ heirs,
executors-a-nEl3 administrators. successors and accig~, covenant to and with the said part of the second
part. °~ ~ ' ~ its successors and assigns, that it is the lawful owner of the said goods
and chattels; that they are free from all encumbrances; that iLhas good right to sell the same aforesaid,
and thatit will warrant and defend the sale of the said property, goods and chattels hereby made, unto the
said part of the second part ~°~~• * ~ ' * ; its c ~ eccors and assigns3 against the lawful
claims and demands of all persons whomsoever.
In Witness Whereof, the first Harty has hereunto set hand and seal on this day o~
~~ ~#eas~nd~nd Zp
•b ~
WITN . .S: PROP RTY OWN R•
District 1 tilit~ E~t~n~i~~n Polio` Pa~=z 118
October 23, 2012
NOTARY CERTIFICATE
STATE OF
COUNTY A~
. -,
b ~
b b ~
a~l~aw~;~b ' ef(}r~f~te-cam
,~ rM + zcc~i~4kSr-n9~--t&IF fix':*•,,,°c ••,
^+'+;,. ,1 .,1 .1.^ ~-„ „+-~ ..a ~*^*^ 1^~* ^+'^ . ^~d-ohs-The foregoing instrument was
acknnwl died before me this day of , ~: 2-8--20 by
on behalf of He/she is personally known to me or
Iias produced as identification.
~ire~
Signature of Notary
Typed, Printed3 or Stamped Name of
Notary Public
Serial Number
I?i~zrict 1 ttiit~ F.t*:~lsi~~n Pnli~~ Pa~~~_119
October 23, 2012
EXHIBIT "R9P"
ATTACHMENT TO BILL OF SALE
COST DOCUMENTATION FOR FACILITIES DEDICATED TO
ST. LUCIE COUNTY WATER AND WA T WAT R iJTiT iTV 17TCTRT('T
PROJECT NAME
S.D.A. NUMBER
Parcel/Plat
Bill of Sale Date
Phase
Potable Water Distribution System
Including Mains, Valves, Fittings & Hydrants, and All Appurtenances, Water Services up to Meter. Fire
lines up to Double Detector Check Valve Assembly
Wastewater Collection Svstem
Including Utility Owned Force and/or Gravity Mains, Valves, Fittings, Air Release Valves, Manholes,
and All Appurtenances, Sewer Services including Clean Outs up to Limit of S,. L::c~~the
Districts Maintenance Responsibility.
Wastewater PumpinE Station
Complete, Including All Appurtenances; Installed per the District Standards
(If Owned and Operated by the District i.e., not private).
Reclaimed Water Distribution Svstem
Including Mains, Valves, Fittings and All Appurtenances, Reclaimed Water Services up to the meter.
y $
Othe
S
TOTAL VALUE OF CONTRIBUTED ASSETS $
Note: Prices must include all material and labor as installed, and shown on Accepted "Record
Drawings."
Certified By:
Date:
Contractor
Property Owner
Date:
Pea>e aTTacil 3 ~IJIl~l_ ht ~ al'li~~l> ~ U311TlttC~ t11aI C~~171 J1'l~c The ahO~e C~~171 ~t~IltIIt~. l.e.. S feel ht 1 C) P~
_ ~_ ~.
~~ater_m.iin._Fire Iii-dram camhlete_ etc.
Di~n-ict 1 tilit~ F~tcn~u~n P~~lir~_ Pa~ze 120
October 23, 2012
EXHIBIT "~~"
PROPERTY OWNER'S NO LIEN AFFH)AVIT
STATE OF FLORH)A
COUNTY OF
SS.
PERSONALLY APPEARED BEFORE ME, the undersigned authority, !DD(1DL'DTV niv>>v~D~
who, being by me first duly sworn, on oath deposes and says:
That ~eAffta.n_t is the ~ro~rty owner (NAME)
(PROJECT NAME)
of the
f 1 That (NAMEI is the property o wner of the (PROJECT NAME1
("Propert y Owner "l, and that Affiant is the
lf
f
h
t
b
i
d
of the Property Owner that A ffiant is a o
e
a
on
to ac
uthor
ze
the Pro~tx Owner and that Affirm^* has the hP t k nowled~ p to make the statements set
forth herein on behalf of the Property Owner.
2. That to the best of Affiant's knowledge and belief all labor and materials furnished and used in
connection with the construction of the Potable Water, Wastewater, and~er Reclaimed Water
Facilities for said Project which were installed within the--"dedicated roadways" and "utility
easements"~€gliired by the Standard Potable Water Wastewater and Reclaimed Water
DeyelOnment Agreement "~n' "~ ci^tcred ^*^ ti°*"'°Pn th° PrnnPrty Owner and the St
i ucie County Water and Wastewater Utility District. for the provision of notable water.
wastewater and reclaimed water service to property owned by the Property Owner have
been paid in full.
3. That Affiant, to the best of his knowledge and belief, does not know of any person or
corporation who has or claims to have any lien for said labor performed or materials furnished.
4. Affiant makes this Affidavit to induce St. Lucie County Water and Wastewater Utiliri~
District to accept a Bill of Sale for said water supply and e« t1~i~\t at~r disposal facilities.
5. Affiant has the lawful right to execute this Property Owner's No Lien Affidavit.
AFFIANT FURTHER SAITH NAUGHT.
SIGNED AND SEALED IN THE PRESENCE OF:
Witness
Property Owner (Type or Print)
L_`'____
Digit*tct t =tilit~ F~[eit~i~~n_P~~lic~ '~~~~ 121
October 23, 2012
Signature of Property Owner
STATE OF FLORIDA
COUNTY OF
NOTARY CERTIFICATE
The foregoing instrument vvas acknowledged before me this day of 20 by
of -a-ee~pe~a~e~, on behalf of
t"" "" "°"`'"° He/she is personally known to be or has produced as
identification and did (did not) take an oath.
My Commission
Expires:
Signature of Notary
Typed, Printed or Stamped Name of Notary
Di~t~~ic; t~tilit~ Elt~~l,i~~n P~~li~~_ Pa~~e 122
- __
October 23, 2012
EXHIBIT "~R"
INSTRUCTIONS AND MINIMUM REQUIREMENTS FOR PREPARING EASEMENT
DOCUMENTS, LEGAL DESCRIPTIONS AND SKETCHES
I. EXECUTION INSTRUCTIONS FOR EASEMENT DOCUMENTS
Note: A Title Policy for the benefit of the District should be delivered to the District upon
conveyance of an easement, where applicable.
A. SIGNING AND WITNESSING
1. For Individuals: Sign on the indicated lines in the presence of: (a) two (2) separate witnesses,
who sign on the lines to the left, and (b) a Notary Public who completes the acknowledgment
forms as described below.
2. For Corporations: The president or vice president and the secretary or an assistant secretary
sign on the indicated lines, filling in their title below, in the presence of: (a) two (2) separate
witnesses, who sign on the lines to the left, and (b) a Notary Public who completes the
acknowledgment forms as described below.
3. For Partnerships: All general partners sign on the indicated lines in the presence of: (a) two
(2) separate witnesses, who sign on the lines to the left, and (b) a Notary Public who
completes the acknowledgment forms as described below. The Notary Public may be one of
the witnesses. In the event the general partner is itself a corporation, then the instructions for
corporations as set forth above shall be completed in addition to the instructions for
partnerships.
B. MORTGAGEE JOINDER AND CONSENT
The Property Owner(s) shall have any and all mortgagees sign the Mortgagee Consent and
Joinder. The mortgagee shall sign as an individual, a corporation or a partnership as set forth
hereinabove.
C. ACKNOWLEDGMENTS
The Notary Public should fill in legibly all blanks, including state and county of execution, names
of individuals or officers signing and their titles, state or county where empowered to act,
expiration date of commission, fill in date, sign on line provided and affix seal adjacent to the
signature of the Notary Public.
D!_st! ict L tilit~ F~imi~~n_P~~lic~ Pa_~ 123
October 23. 2012
II. MINIMUM REQUIREMENTS FOR EASEMENT LEGAL DESCRIPTIONS AND SKETCHES
A. LEGAL DESCRIPTIONS
1. Legal Descriptions must be prepared by a Registered Surveyor and must bear a certificate
citing "Minimum Technical Standards pursuant to Florida Statutes, Chapter 472 and
defined in Florida Administrative Code 21-HH-8~" 6". as amended from time t~ temp
The description must bear the Registered Land Surveyor's name, certification number
company name, and must be signed and sealed.
3. The description must be prepared on an 8 1/2" x 11'' size sheet.
B. EASEMENT SKETCHES
The sketch must appear on an 8 1/2'' x 11" sheet, and must have the original Registered Land
Surveyor s signature and embossed seal imprint.
2. A location map must be included on the sketch showing the general location of the property
within which the easement lies.
3. Sketch must contain a North arrow.
I)i~tict l tilit~ L~t~r~i~~n ~„lice P:e~ 124
October 23, 2012 -`
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: r" '~~ ^,,,,.-„°"Di>uict l`tllit~ Du.~t~~r
2300 Virginia Avenue
Fort Pierce, FL 34982
EXHIBIT "L-~S"
UTILITY EASEMENT AND CONSENT AND JOINDER OF MORTGAGEE
THIS EASEMENT is made, granted and entered into this day of , 20
by (hereinafter referred to as "Grantor"), whose
address is , to St. Lucie County Water and
Wastewater Utility District. its successors and_assi~ns (hereinafter referred to as "Grantee"), whose
address is c/o the District t-tility Director. 1.300 Virginia Avenue. Fo fierce
Florida 34982.
WITNESSETH
That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the
Grantee and other good and valuable consideration, the receipt of which is hereby acknowledged, does
hereby grant to the Grantee, its successors and assigns, a perpetual utility easement which shall permit
Grantee authority to enter upon the property of the Grantor at any time to install, operate, maintain.
service, construct, reconstruct, remove, relocate, repair, replace, improve, expand, tie into, and inspect
Pew-b}e-water, reclaimed water and/or wastewater lines_ nines. mains, Damn stations. wells. meters.
meter boxes bacltllow prevention devices telemetry and communications eauinment. signs,
buffers,li~h~, Blahs, enclosures and appurtenant facilities and equipment in, on, over, under and across
the easement premises. This utility easement or portion thereof ' '' •~'~ ' ` "c+""'"'""
P~tien--~rnd may be fenced in or enclosed for access control purposes. The easement hereby
granted covers a strip of land lying, situate and being in St. Lucie County, Florida. and being more
particularly described as follows lthe "easement premises"l:
SEE EXHIBIT "W.a", ATTACHED HERETO AND MADE A PART HEREOF
Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real
property herein described and that it has good and lawful right to grant the aforesaid easement free and
clear of mortgages and other encumbrances unless specifically stated to the contrary.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date
first above written.
WITNESSES: GRANTOR:
Signed, sealed and delivered
in the presence of:
By:
Witness Signature
Di>ti fist L tilit~ E~trn~i~~n_ P~?li~~_ Page 125
October 23, 2012
Print Name
~~;:.,.,,~~ c:,.,,.,.,.,.,,
b
as identification.
Fri~t--aie D~
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF
The foregoing instrument ~~as acknowledged before me this day of
20 by
produced
My Commission
Expires:
Print Name
who is personally known to me or who has
Signature of Notary
Typed, Printed or Stamped Name of Notary
Di~n,,ict L t~l,(~ E~t~nsi~~n P~~lic~ P.1Z~ 126 ~~
____ __
October 23, 2012
~Vi77 Gc .r'~~
A rr !`
~2nn ~r•
• h~ Aar.,„.,,..-
~ ~.-,,...,,.V
b
r~r c'r~TC ~
~t ~ ~
C~ Y~ 2~r.
F\HII31"T "~S" cont.
CONSENT AND JOINDER OF MORTGAGEE FOR UTILITY EASEMENT
The undersigned mortgagee does hereby join in and consent to the granting of t#4sthe above Utility
Easement, across the lands beee+t~therein described, and agrees that its mortgage, which is recorded in
Official Record Book .Page , of the Public Records of St. Lucie County, Florida, shall
be subordinated to this Utility Easement.
I-oIL WITNESS WHEREOF, the b b mort~a~ee has hereunto set its hand and
affixed its seal as of the date first above written.
WITNESSES:
Signed, sealed and delivered
in the presence of:
Witness Signature
Print Name
W-rues `"
b
ORTGAGEE:
By:
Print Name
D!~tric[ L-tliu E~tcn,i~~n Pnlic~ Pa~_*e 127
October 23, 2012
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 b~~
~~
who ~r~~ ~;~y~personally known to me or who ~r=e:_
produced as identification.
My Commission
Expires:
Signature of Notary
Typed, Printed or Stamped Name of Notary
Di~ti~ict t tilit~ E~ten~i~~n P~,li_~~ Pa~~~ 128
October 23, 2012
EXHIBIT "W3~T"
INSTRUCTIONS FOR INDEMNITY AGREEMENT
Page 1
1. Leave the date blank, this will be completed upon execution by the St. Lucie County Water
and Wastewater District, or its designee.
2. Fill in the name of the owner of the property as it appears on the deed.
3. Fill in the address of the owner.
4. Fill in the legal description of the property or attach a copy of the legal description as Exhibit A.
If a description is attached, please indicate on the instrument.
5. Fill in what the encroachment is (i.e., fence, driveway, air conditioner, planter, etc.)
Page 2
6. Owner(s) must sign the agreement.
7. Two different witnesses must also sign the agreement.
8. A notary must execute the acknowledgment, sign and fill in expiration of commission.
9. Attach an original survey or sketch of the property indicating where the proposed encroachment
is in relation to the easement.
Please return the original, executed indemnity agreement to the St. Lucie County.
Di_~uiet i-t_lit~ F~t.n~i~~n_P~~lic~_ Pa~~_129
October 23, 2012
EXHIBIT "YL "
Prepared by and Return to
St. Lucie County ater and Wactewat r tility Dictric
Attn: Disn~i~t t__tilit~ Direct~~r
. __
2300 Virginia Avenue
Fort Pierce, FL 34982
EXIIIBI~-
INDEMNITY AGREEMENT
(Encroachment)
THIS INDEMNITY AGREEMENT made and entered into this day
of , 20 by and beriveen
"Owner") whose address is and St. Lucie Counri~
ater and Wactewat r tility District it cucePCCOr and acciunc, ('-"""~~"~'+"" ""+'""""a +" "~y+~"
"District"), whose address is _ .300 Virginia Avenue. Fnrt PiPrcp_ FT, 3d9f2'7
WITNESSETH
WHEREAS, Owner holds title to a certain parcel of real property more particularly described as
"'"""'~"``"" "`~""""a `" xhibit A attached to and mad a ~ar+
of thi A repmPnt (the
-"`Property'-"')
and
WHEREAS, the Property is encumbered by a certain utility easement recorded in OR Book
a e of hP Offi lal R cnrrlc of ~t .ucip oLnty FI (~ c* e a the
"Easement"), such Easement being for the benefit of the District "~a "`''"" ~~*~~~*~" ;and
WHEREAS, Owner desires to install within a portion of the
Easement ( "the "Encroachment") ac described on
Exhibit B attached to and made a Hart of this Agreement.
NOW THEREFORE, for and in consideration of the covenants set forth herein, Owner hereby
agrees as follows:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
The District hereby consents to the installation by Owner of the
"""''-~"~`Encroachment within the Easement, subject to the terms herein.
3. In consideration of the District's consent to the installation of the encroachment within the
Easement, Owner shall immediately remove said encroachment upon the request of the
District or, in the event that the District determines, in its sole and exclusive discretion that it
is necessary or desirable to ' ,
District L tilit~ ~~t; n~i~~n P~~lcy Pa~~z 130
_.. _ _
October 23, 2012
` b 1 7 ~
exercise its rights under the
Easement, and such ~-Ife?c rc~ iye of riab~ requires~the removal, replacement and/or
relocation of the Encroachment or the relocation of the District's facilities in
whole or in part, such removal, replacement and/or relocation shall be done by the
District or its assigns and any and all expenses or damages incurred as a result of the removal
of said ~ 'Encroachment shall be at the sole cost and expense of the Owner.
4. Owner. its sucfesse~-heirs- s„~~PSsors. legal renresentatives. ands assigns, hereby agrees
to indemnify and hold the District harmless from and against any and all liabilities, damages,
penalties, claims, costs and expenses whatsoever, including attorneys' fees at all levels, which
may be imposed upon or asserted against the District as a result of or in any way connected to
the '' ~'''~~° *'"' ~°°~"'~°`Fncroachment or its removah~nlacement and/or
relocation or any occurrence upon said Encroachment.
5. This Indemnity Agreement shall be binding upon the Owner, its heirs, successors, legal
representatives and assigns. This Agreement will run with the land and shall be recorded in
the Public Records of St. Lucie County, Florida.
Di,u:ct I-tilit~ Fsten~i~~n P~~lic~ Pa~:_li 1
October 23. 2012
IN WITNESS WHEREOF, the Owner has executed this Agreement as of the date first
written.
WITNESSES:
Signed, sealed and delivered
in the presence of:
Witness Signature
Print Name
Witness Signature
Print Name
STATE OF FLORIDA
COUNTY OF
OWNER:
Print Name
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of ,
20 by who is personally known to me or who has produced
as identification.
My Commission
Expires:
Signature of Notary
Typed, Printed or Stamped Name of Notary
I~i~u~i~t 1 tilit~ F~t<n~i~~n P~~lic~ p,.,=e 132
October 23,2012
ST.
LUCIE COUNTY~L9R~B:4 WATER AND
WASTEWATER IJTIL.ITY DISTRICT:
Bv:
County Administrator
Approved as to Form and Correctness_
County Attorney
D~su ~t l t~l~t~ E.~tei.~i~~n.P~,li~~ Pa~~~ 133
October 23, 2012
EXHIBIT "W~~-"
Prepared by and Return to
St. Lucie County ater and Wastewat r tility Dictric
Attn: Di,U-ict L tilit~ I)irect~~r
_ __
2300 Virginia Avenue
Fort Pierce, FL 34982
li Y-IIIn~' "1~-'
CLAIM OF LIEN FOR UTILITY SERVICE
(STATE OF FLORIDA)
(COUNTY OF ST. T I .)
NOTICE is hereby given that the St. Lucie County Water and Wastewatpr tility Dic riot, has
~esed-a Claim of Lien for Utility Service; against the following described real estate, situated
in St. Lucie County, ~a~e-e#=Florida, (the "Property"1 to wit:
in the amount of $ for unpaid utility service ;? :e:;:u:nb u.,~„ ~'~~~''*-- ~ ~ furnished by
the undersigned; to the Property. for
[ ] Potable Water Service[ ] Reclaimed Water Service[ ] Wastewater Service. and all utility
ees and char ec whi h may ac rpe cuhc nnPnt t the recordin of this ('lai.,, of T ;Pn
er with interest and all r a onabl ~o tc and attorney ' f incurrPrl by the il;~t.-~~t inr'
to the collection process.
This lien is hereby filed and recorded in the Official Records of the Office of the Clerk of the Circuit
Court of St. Lucie County, Florida, in the amount set forth hereinabove. ~[~hi~ lien accrued as ~~f and
- - _.. _ _
related back t~~ the time ot- t~rc~~ i~i~~n ~~t the unpaid utility ;erg ice furni~he~1 b_~ the un~l~r~i_rne~ to the
Pr~~p~rt~,__This lien is equal in character, dignity and rank with liens for special assessments and County
ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to
or against the r ~a' ~ ~~*-~ ~ ' ~ -'per.
~.'I~'la1-ESSES• ST.
LUCIE COUNTY~AR~Bz4 WATER AND
WA T .WAT R TI ITY DI TRi T:
Approved as to Form and Correctness
By:
County Administrator
County Attorney
Di~tr,ct l-til,it~ F~ten~i~~n P~~lic~ Pa_=z 134
October _3, _.____ _ __
~ 2012
F. HIBIT "~~~"
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
~,,,,.,h n f+,,....o..
Attn: , ~~u~ict L_tlht~ Ihreet~~r
2300 Virginia Avenue
Fort Pierce, FL 34982
~ ~u~~I-T~"~.,
PUBLIC WATER SUPPLY ~;gin WELLSITE EASEMENT
THIS EASEMENT is made, granted and entered into this day of
20 , by
(hereinafter referred to as "Grantor"), whose address is
to St. Lucie County Water and Wastewater tility District. its successors and assi~nc (hereinafter
referred to as the "Districf'}whose address is 2300 Virginia Avenue,~'~rt Piereg, Florida 34982.
WITNESSETH
That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the
Grantee and other good and valuable consideration, the receipt of which is hereby acknowledged, does
hereby grant to the Grantee, its successors and assigns, a public water supply well easement which
shall permit Grantee authority to enter upon the property of the Grantor (see Exhibit "A", attached hereto
and made a part hereof, hereinafter the "Easement'') at any time to install, operate, monitor, maintain.
service, construct, reconstruct, remove, relocate, repair, replace, improve, expand, tie into, and inspect
water well facilities and appurtenant facilities, pipelines. numns. telemetry and communications
ggui men ,~12.~, enrlncnre and other like structures and equipment in, on, over, under and across
the Easement, with full right to ingress thereto and egress therefrom the property.
This Easement area or portion thereof may be fenced in for access control purposes.
Grantor, its stteeesse~heirs. legal representatives. successors and/or assigns, hereby agrees to
indemnity and hold Grantee harmless from and against any and all liabilities, damages, penalties, claims,
costs and expenses whatsoever, including attorneys' fees at all levels, which may be imposed upon or
asserted against Grantee as a result of or in any way connected to the utilization of the wellsite, including
but not limited to, impacts to on-site irrigation wells, aesthetic lakes and wa rw~}~, water features and
surface water management systems. The eRSernentF.asement hereby granted covers a s~ del of land
lying, situate and being in St. Lucie County, Florida, and being more particularly described as follows:
ems i L'!-` A T nFC~uiPTi(lN ATTAf NFiI AFRF,Tn AS EXHIBIT "A"
Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real
property herein described and that it has good and lawful right to grant the aforesaid Easement free and
clear of mortgages and other encumbrances.
Di~t-ict t=Min E~ter~ivn_P~~lic~ Pa~~_135
October 23, 2012
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the
first above written.
WITNESSES:
Signed, sealed and delivered in the presence of:
By:
Witness Signature
Print Name
Witness Signature
Print Name
GRANTOR:
Print Name
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
20 , by
is personally know to me or who has produced
as identification.
My Commission
Expires:
day of
who
Signature of Notary
Typed, Printed or Stamped Name of Notary
Di>trict t~til_it~ F~ten;ron Pi~~ir~ Page 136
October 23, 2012
F.IHIBIT "~~" CO\1'I\t ED
CONSENT AND JOINDER OF MORTGAGEE TO EASEMENT
The undersigned mortgagee does hereby join in and consent to the granting of this Public Water
Supplye~ Well Easement, across the lands herein described, and agrees that its mortgage, which is
recorded in Official Record Book ,Page , of the Public Records of St. Lucie County,
Florida, shall be subordinated to this Easement.
IN WITNESS WHEREOF, the Grantor/Mortgagee has hereunto set its hand and affixed its seal as
of the date first above written.
WITNESSES:
Signed, sealed and delivered
in the presence of:
Witness Signature
Print Name
Witness Signature
Print Name
GRANTOR/MORTGAGEE:
Bv:
Print Name
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by of
who is personally known to me or who has produced
as identification.
My Commission
Expires:
Signature of Notary
Typed, Printed or Stamped Name of Notary
Di~u~ict l tilit~ Est.n~i~~n P~~lic~ Pa~~ 137
__ __- _
October 23, 2012
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October 23, ?012
EXHIBIT ~~~'-~"
Prepared by and Return to
St. Lucie County ater and Wactewat r tiliri~ Distric
Attn: r'^~~^*~~ ^**^~--~~~•District ~~tilit~ Dircct~r
__ -
2300 Virginia Avenue
Fort Pierce, FL 34982
E~~u1ZTmT `-`l~JB'-'
STANDARD POTABLE WATER & WASTEWATER DEVELOPMENT RENEWAL
AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20
by and between St. Lucie County Water and Wastewater tility District (the "District'), hereinafter
referred to as "Utility", and hereinafter referred to as "Property Owner".
WITNESSETH:
WHEREAS, the parties entered in to a fStandardf Potable Water-~3 Wastewater and Reclaimed
Water Development Agreement ~°~-l~ereina€~e~-xe€er-red te--ns~breernent~-; cr,~~n~
ated lthe "SDA"); and
WHEREAS, Utility agreed to reserve a certain number of water, wastewater and reclaim d
water equivalent residential connections/eauival nt r id ntial irrigation connections
("ERCs/F i s") of p~ ~~~~ ~~-' ~ * capacity for Property Owner for a
term of five (5) years ~ ~~Term'~ 1_from the effective date of the Agreement; and
WHEREAS, ~tii+ti~reed to re~eri-~-zzn Es~e~n~:.e a€€eFti~ a-d~*~~ ;~
",,,,,,,,,,,,,,,. "x~u~v~-"c the ~. ° ~:~ ~ ~ *~~.,, ~ ;a a ~' *~ " *T~rm has expired or will
b , ~ ~ r •.
expire on~:~~;- , 20_ ("Capacity Expiration Date"); and_~~r
«-HEREAS, the Term, as pre~~iousl. extended h~ Rene~~al a«reement dated ~0
has expired or will expire nn , 20 ~'•Capaciri- E~pi~ ations D•~te")• •~nd
WHEREAS, the five (5) year term may be extended in accordance with the Utility Extension
Policy ("UEP" ,
and
WHEREAS, flerHertscertai° of the ERCs
- ' ,~~BL~~ provided for i-sunder the "~ee:~-rn~ILA have not been used by Property
Owner; and
WHEREAS, Property Owner wishes to extend the Term ~~t~ tht SD.~ for th.~
unused ERCs~RICS provided in thert~I?~ in accordance with the terms and conditions of
this Standard Potable Water~d3 Wastewater and Reclaimed Water Development Renewal Agreement
("Renewal Agreement").
Di~n-ict t til,it~ F~.en~i~~n Polio` Paez 140
October 23, 2012
NOW THEREFORE, in consideration of the mutual covenants, promises and representations
contained herein, the parties agree as follows:
1. Recitals
The recitals set forth above are true and correct and form a part of this Renewal Agreement.
Terms not defined herein shall have the same meaning as ascribed to them in the SDA or the UEP as may
be amended from time to time.
2. Renewal of Capacity Reservation
A. Utility and o.[Lrt~. Owner agree that there are .RCs/ERICs remaining unused
under the SDA ("Remaining F.RCs/ERICs"l. Utilitvagrees to extend the
Term of
the SDA for the_ Remaining ER c ~. iCs for an additional five (5) years from the Capacity Expiration
Date a ''~- `~- TTry '' °`'^`' rr *` '^ `' ninon execution of this
~ ____~.._a n..,...,...a.., ll..,,..... X1,.,11 ..nv TTfilit~~ nn ~rlrlitinnal TA A Pm1a1 to ~ ner F.RC/ERIC and
applicable a;l•eement fee,
B. Property Owner acknowledges and agrees any and all future capacity reservations for the
Property shall be in accordance with the terms and conditions of the SDA and the UEP
C. Property Owner acknowledges and agrees Utility shall not refund or reimburse the TAA
payments made for angunused ERCsLEBL~~ upon expiration of this Renewal Agreement.
3. ~lies~le-dew
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Entirety of Agreement
This Renewal Agreement represents the entire understanding between the parties, and supersedes
all other negotiations, representations, or agreement, written or oral, relating to this Renewal Agreement.
District L~[ilit~ F~tzn~i~,n P~~lic~ ['a~z_141
- _ - - _ __
October 23, 2012
7. fi~eeesre~
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~4, Filing
Copy of this Renewal Agreement sh~Nma be E~recorded with the Clerk of the Circuit Court
in and for St. Lucie County, Florida.
~&~, Modification of Agreement and Standard Renewal Agreement
A. No additions, alterations, or variations from the terms of this Renewal Agreement shall be
valid, nor can the provisions of this Renewal Agreement be waived by either party, unless such addition,
alteration, variation or waiver is expressed in writing and signed by the parties hereto.
B. Except as set forth herein, the :ni~pA remains unmodified and in full force and
affect, and parties hereby ratify, confirm, and adopt the~~tSpA as amended hereby.
b
b'
~~, Effective Date
The provisions of this Renewal Agreement shall become effective upon execution by the parties
hereto.
(The remainder of this page intentionally left blank)
Di~u-ict l tilit~ F.~ten~ion Polio Pa~~~ 142
October 23, 2012 _-
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
Approved as to Form and Correctnessi
By:
County Administrator
County Attorney
WITNESSES: PROPERTY OWNER
By:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF
Title:
(Seal)
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of
20_by ~
~ who is/are personally known to me or who has produced
as identification.
My Commission Expires:
Notary Signature
Typed, Printed or Stamped Name of Notary
ST.
LUCIE COUNTY~9~BA WATER AND
WASTEWATER UTILITY DISTRICT:
Di;n-ict t~tilit~ Etren~i~m P~~li~~ Pay=~ 143
__ __ _ _
October 23. 2012
EXHIIIIT ~~~~"
Prepared by and Return to
St. Lucie County ater and Wactewat r tility Dic ric
Attn: ~^~~^*~~ ^**^~--~° -Di,tr-ict ~tiliT~ Dirc~t~~r
2300 Virginia Avenue
Fort Pierce, FL 34982
STANDARD RECLAIMED WATER DEVELOPMENT RENEWAL AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20
by and between St. Lucie County ater and Wa tewater tility Dictrict (th "Dictrict"), hereinafter
referred to as "Utility", and hereinafter referred to as "Property Owner".
WITNESSETH:
WHEREAS, the parties entered in to a fStandard~ Reclaimed Water Development Agreement-ert
~~ .,
b Gf !)TAf!\.
and LLWILL~ J,
WHEREAS, Utility agreed to reserve a certain number e€reclaimed water equivalent residential
irrigation connections (`ERICs'') of --^°'^~--~^a °-^*^~ ~-~~* capacity for Property Owner for a term of
five (5) years ~tht.. __Z en_n.~.~1 from the effective date of the Agreement; and
WHEREAS, the ~~.~° ~c` ~ _ ~ *°_~--~ ~~° :,,_a ~' ,~„ ^ ",,,,,,, ;-I erm has expired or will expire
on ~~e;-, 20_ ('Capacity Expiration Date"); and ~~r
~~~HERE~S_ tl~c Tern~~~: nre~i~~u~l~ ~~tzn~lc~1 h~ R~ne~~al :a~~re~n~ent dated
~~~ . ha, z~~~irecl_~~r~~ifl_e~~ire_i~,l . ~U 1"Capacity E~~~irati~~n Date"): incl.
WHEREAS, the five (5) year term may be extended in accordance with the Utility Extension
Policy ("UEP" , .
and
WHEREAS, Pe~ti~enscertain of the ERICs -provided for i-sunder
the~~;~;,T~RI2A have not been used by Property Owner; and
WHEREAS, Property Owner wishes to extend the capacity reservation for the unused
€-RIEsERICS provided in the "b=~-rn~RD~ in accordance with the terms and conditions of this
Standard Reclaimed Water Development Renewal Agreement (`Renewal Agreement').
NOW THEREFORE, in consideration of the mutual covenants, promises and representations
contained herein, the parties agree as follows:
1. Recitals
Di~n-ict t tilit~ F~ten~ion Polio p~}~,~ 144
October 23, 2012
The recitals set forth above are true and correct and form a part of this Renewal
Agreement. Terms not defined herein shall have the same meaning as ascribed to them in the RDA or
~UEP as may be amended from time to time.
2. Renewal of Capacity Reservation
A. Utility and ProRgi~3' Owner agree that there are ERiCs remaining unused under
the SRDA ("Remaining ERICs"1. Utility agrees to extend the Term of the
~RIZA for the tt~sedRemaining ERICs -for an additional five (5)
years from the Capacity Expiration Date-i~-u~erd~nee-~~iT
*~~=-~Tnon execution of this Agreement Proner~ Owner shall nay tility an additional TAA
em~al to ~ /ERIC and applicable agreement fee,
B. Property Owner acknowledges and agrees any and all future capacity reservations for the
Property shall be in accordance with the terms and conditions of the RDA and the UEP~
a a r..,,....;...,, .,, .;..,,,
C. Property Owner acknowledges and agrees Utility shall not refund or reimburse the TAA
payments made for unused ERICs upon expiration of this Renewal Agreement.
3. ~:~ mar:
•
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Entirety of Agreement
This Renewal Agreement represents the entire understanding between the parties, and supersedes
all other negotiations, representations, or agreement, written or oral, relating to this Renewal Agreement.
Th' D 1 A • L. 11 h h' .1' h 11 - • •L. h Pt ..F iir;l'+.• 1
u r-o rui r ~=[cn a
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,, `1, ,, M- .b ~ b f ~
V'CiICtT`i'J~.
Din-ict t`tilit~ Estzi;~irn P~~lic~ Pa~~e 145
October 23, 2012
b ~ b ,
~--Filing
of this Renewal Agreement sf~-11~ be recorded with the Clerk of
Circuit Court in and for St. Lucie County, Florida.
~&~, Modification of Agreement and Standard Renewal Agreement
A. No additions, alterations, or variations from the terms of this Renewal Agreement shall be
valid, nor can the provisions of this Renewal Agreement be waived by either party, unless such addition,
alteration, variation or waiver is expressed in writing and signed by the parties hereto.
B. Except as set forth herein, the "b ~nt~RpA remains unmodified and in full force and
effect, and parties hereby ratify, confirm, and adopt the~~RpA as amended hereby.
b
b'
~?~, Effective Date
The provisions of this Renewal Agreement shall become effective upon execution by the parties
hereto.
(The remainder of this page intentionally left blank)
D>>u_ict I~tilit~ Eaten,ion Police P:1L~ 146
October 23, 2012
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
ST.
LUCIE COUNTY:4 WATER AND
WASTEWATER UTIi ITY DISTRICT:
Approved as to Form and Correctness;.
WITNESSES:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF
sy:
County Administrator
County Attorney
PROPERTY OWNER
By:
Title:
(Seal)
OTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of ,
20 by --~ ~
who is/are personally known to me or who has produced
My Commission Expires:
as identification.
Notary Signature
Typed, Printed or Stamped Name of Notary
Di<u~i~t I-tilit~ F~t.n~ion Po!ic~ Page 147
__
October 23, 2012