HomeMy WebLinkAbout12-219RESOLUTION NO. 12-219
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 UTILITY
SERVICE AND 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 ("Board") 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 Utility Service and Extension Policies for the utility
services furnished to the customers of the District; and
WHEREAS, on October 23, 2012, in Resolution No. 12-173, the Board, sitting as
the Commission of the St. Lucie County Water and Sewer District ("Commission")
adopted the amended Uniform Utility Service and Extension Policies for the utility
services furnished to the customers of the District with an effective date of January 1,
2013; and
WHEREAS, the Board, on the advise and recommendation of its utility staff and
technical advisors has established the revised Utility Service Policy (Exhibit "1") and
Uniform Extension Policy (E~chibit "2") for customers within the District and finds that
such revisions are just and equitable and in the public interest.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3784499 12/28/2012 a10428 PM
W&S DisVict USP & UEP Resolution 12-219 OR BOOK 3468 PAGE 1210 - 1355 Doc Type: RESO
RECORDING: $1242.50
NOW THEREFORE, BE IT RESOLVED by the Board 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 UTILITY SERVICE AND LTNIFORM
EXTENSION POLICIES FOR THE DISTRICT. The 2012 Utility Service and
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
February 1, 2013 (the "Effective Date")
Section 4. ADOPTION. After motion and second, the vote on this Resolution
was as follows:
Chairman Tod Mowery
AYE
Vice Chair Frannie Hutchinson AYE
Commissioner Chris Dzadovsky A~
Commissioner Paula A. Lewis A~
Commissioner Kim Johnson
AYE
PASSED AND DULY ENACTED this 18~' day of December, 2012.
W&S District USP & UEP Resolution 12-219
BOARD OF COUNTY COMMISSIONER
ST. LUCIE COUNTY, FLORIDA
BY: ~ D ~
Chairman
APPROVE S TO FORM AND
CORRECTN SS:
BY: ~
County Attorney
EXHIBIT "1"
UTILIT'Y SERVICE POLICY
EFFECTIVE FEBRUARY 1, 2013
EXHIBIT "2"
UNIFORM EXTENSION POLICY
EFFECTIVE FEBRUARY 1, 2013
W&S DisVict USP & UEP Resolution 12-219
ST. LUCIE COUNTY WATER AND SEWER UTILITY DISTRICT
UTILITY SERVICE POLICY
EXHIBIT
~~ 1 ~~
District Utility Service Policy Page 1
February 1, 2013
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 (District). The USP is part of the District Uniform
Policies and Prooedures ("UPAP"), which includes the Utility Extension Policy ("UEP"), the rate
tariff, and other policies and procedures adopted by the Boazd of County Commissioners ("Boazd")
sitting 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 are incorporated in this USP by reference.
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 the District. Currently St. Lucie County has a bulk service agreement with
Fort Pierce Utiliti~es Authority ("FPUA"). This agreement is incorporated in the UPAP by reference
and made a part of the UPAP along with any subsequent bulk service agreements. To the extent that
this and any other bulk service agreements entered into by the 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.
VALIDITY
The policies and the procedures specified herein supersede and replace any prior policies, procedures,
regulations, fees, etc., governing provision of utility service by the District. In the event that a portion
of this USP document is declazed 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 approved and permitted, but not yet completed, development projects must include any and all
changes as adopt~d in the USP. Notwithstanding anything in the UPAP to the contrary, all rights and
privileges afforded a utility district pursuant to Chapter 153, Part II, Florida Statutes, shall be
available to and may be exercised by the District at any time and from time to time, in addition to any
rights and privileges provided in the UPAP.
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 Boazd prior to implementation and dissemination except
as may be authorized as a ministerial responsibility:
MINISTERIAL RESPONSIBILITIES AUTHORIZED
The District Boarid hereby delegates and authorizes the District Utility Director and his/her designees,
to perform those functions necessary to properly conduct the business of the District in conformance
with the policies, procedures and regulations set forth in this USP, as well as under applicable law
and regulation. Such functions include, but aze not limited to, the ability to execute and record
Standard Potable Water Development Agreements, Standard Wastewater Development Agreements,
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February 1, 2013
Standard Reclaimed Water Development Agreements, indemnity agreements, easements, deeds,
liens, permits and such other documents as aze necessary and ordinary for carrying out the day-to-day
activities of the District. Such functions further include interpretation of applicability and the ability
to implement corrections to the USP and accompanying documents when minor in nature and not
otherwise legally requiring an action of the District Board for implementation. Consistent
implementing procedures may also be adopted by the District Utility Director, without further
approval by the District Board.
SECTION 2 - GENERAL DEFINITIONS/PROCEDURES
The following definitions aze used in or useful in interpreting and understanding the USP, UEP and
the UPAP. Technical terms will be defined in accordance with standazd references if not defined
herein to the contrary. Such reference sources include, but are not limited to, the American Water
Works Association, the Florida Water Management Districts, the Florida Health Departments and the
Florida Department of Environmental Protection.
The UPAP, USP and UEP aze gender neutral. Masculine gender shall include the feminine and vice
versa. Shall is mandatory. May is permissive or discretionary. The use of the singular shall be
construed to include the plural and the plural shall include the singular as indicated by the content of
its use.
Accountv Denosit. A deposit required from a Customer as security for payment of District
utility bills, in amounts as provided in the Rate Tariff.
Account Service Fee. A fee designed to recover the expenses incurred by the District in
establishing an account for billing purposes and also in lieu of premise visit.
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.
Adminstr~tive Hearin~ Board ("AHB"). A three (3) member board established to hear and
review disputes relating to the correctness of utility bills, the imposition of utility fees, and
challenges to termination of service.
Annlicant. A person or entity that applies for utility service from the District and
executes a Contract for Service with the District.
Auxiliarv Water Sunnlv. Any water supply on or available to the premises other than
District 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.
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February 1, 2013
Backflow Preventer. A device and/or method of construction, accepted and approved by
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 Facilitv Chaz~e/Fee. A charge/fee paid on a monthly basis by all Customers to
recover a portion of the Customer's shaze of the utility's fixed or non-variable costs.
Business Hours.
Administration / Customer Service / Project Management - 8:00 a.m. to 5:00 p.m.
Lobby Hours - 8:00 a.m. to 4:30 p.m.
24 Hour Emergency Services
All hours shown are Monday through Friday, excluding holidays, and may be amended by
County Administration.
Commoditv or Consumntion Chazee/Fee (Gallonage Chareel. A chazge/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 shaze of the 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 District for the connection of existing or proposed
development to the District Utility Facilities. The amount of such fee, as amended from
time to time, represents the proportionate share, per Equivalent Residential Connection
("ERC"), of the reasonably anticipated capital cost of expanding, oversizing, acquiring, or
constructing the District's planned and existing facilities within the District's service azea
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
from any Meter Fees or any charge/fee to recover the cost to connect a Customer's
plumbing to the District's Utility Facilities.
Communitv 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 disposaUreclaimed water reuse facilities, and sludge treatment
and disposal facilities pending connection to the District's Utility Facilities.
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.
Countv. A political subdivision of the State of Florida, known as St. Lucie County, as
governed by the Board of County Commissioners (Board).
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February 1, 2013
Customer. An Applicant which has contracted to receive utility services from the District
and is financially responsible for the payment of all charges legally assessed by the District
with respect to that particular connection to the District's Utility Facilities. Customer also
refers to the actual user of these utility services if different from the Applicant.
Customer, Bulk. A customer of the District which redistributes utility services through its
own utility facilities.
Customer. New. A Customer that has not previously contracted for service with the
District.
Develoner. A Property Owner, or an agent of the Property Owner, of land proposed for
Development.
Develonment, Existins. A single family residence, a multi-family structure, or a single
pazcel of property with one or more existing structures used for residential, commercial,
commercial residential, industrial, or manufacturing purposes that produces water from a
private well and/or generates wastewater flow to On-Site Wastewater Treatment Disposal
System or a Private Wastewater Treatment Facility within the District Service Area.
Develonment, Pronosed. 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 Chapter 153, Part
II, Florida Statutes, utility district.
District Board. The St. Lucie County Boazd of County Commissioners sitting as the
Governing Board of the St. Lucie County Water and Wastewater Utility District.
District Standard Develonment Asreement. The Standazd Development Agreement, as
adopted and amended from time to time by the Boazd, setting forth specific requirements of
a Developer in connection with a reservation of capacity in the District Utility Facilities.
District Utilitv 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.
Eauivalent Residential Connection ("ERC"l. 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
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February 1, 2013
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 assigns.
Individual On-Site Wastewater Disnosal Facilities. On-Site Wastewater Disposal Facilities
that provide Wastewater services to a single housing unit.
Individual On-Site Water Sunnlv Facilitv. A water well serving a single housing unit.
Line Extension. Any utility conveyance system improvements needed to provide service to
an existing or proposed development.
Low Pressure Sewer Facilities. _ See Wastewater Facilities, Low Pressure.
Off-Site Facilities. Utility facilities that are located between the Developer's or Customer's
property boundaries and any and all Point of Connections.
On-Site Facilities. Utility facilities that are located within a Developer's or Customer's
property boundaries.
On-Site Wastewater Dis~osal 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 aze sized beyond the Minimum size of
facilities needed by the Development for which the facilities were initially installed to
provide service.
Oversizine. Constructing utility facilities to provide capacity for ~existing and/or future
developments which are sized beyond the minimum size of facilities needed by the
Development for which the facilities were initially installed to provide service.
Point of Connection ("POC"l. A point of entry into the District Utility Facilities, as
designated by the District to a Customer; the point at which the Customer receives utility
service.
Potable Water. Water that meets the United States Environmental Protection Agency
standazds for human consumption.
Potable Water Facilities. All facilities required for the production, treatment, storage,
transmission, distribution, and delivery of potable water.
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February 1, 2013
Potable Water Facilities, Common. Potable water supply facilities supplied from an on-site
well with more than one connection serving more than one dwelling unit. Common potable
water supply facilities shall meet State requirements for a private water supply.
Potable Water Facilities, Distribution. Those pipes, fire hydrants, valves, fittings, service
connections, and appurtenances, sized in accordance with District engineering standazds,
used to convey potable water from the District's transmission system to individual
Customers, as designated by the District Utility Director.
Potable Water Facilities. Municinal. Public potable water facilities which are provided by a
City, County or other governmental agency which meet State requirements for a public
water supply.
Potable Water Facilities, Private. Potable water facilities that are not Municipal Potable
Water Facilities.
Potable Water Sunnlv Facilities. 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.
Potable Water Transmission Facilities. Those pipes, fire hydrants, valves, fittings, and
appurtenances, sized in accordance with District design criteria and construction standazds,
used to convey Potable Water Supply Facilites to Potable Water Distribution Systems. The
District Utility Director will determine which facilities are part of the Potable Water
Transmission Facilities and which are part of the Potable Water Distribution Facilities.
Pronertv 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 pazcel of land, and who can bind
the title holder of record to all legal obligations related to utility services to the pazcel of
land.
Rate Tariff. The schedule of rates, fees and chazges for utility service established by the
District Boazd and amended from time to time.
Reclaimed Water. Domestic wastewater that has received at least secondary treatment, as
defined by Florida Department of Environmental Protection (FDEP), and treatment as
required by policy of the Sanitary Sewer 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 secondary effluent standards to Reclaimed Water standazds.
Reclaimed Water Distribution Facilities. Those pipes, valves, fittings, service connections,
and appurtenances, sized in accordance with District utility design criteria and construction
,
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February 1, 2013
standards, used to convey reclaimed water from Reclaimed Water Transmission to an
individual Customers, as designated by the District Utility Director.
Reclaimed Water Service Connection. The Reclaimed Water connection from a Reclaimed
Water Distribution Facility to the point of connection for a customer. For a residential
Customer, this point of delivery is the downstream side of the meter at the Customer's
property line. For a non-residential customer, the actual point of delivery may be at a
location other than the property line, to be determined by the District Utility Director in
coordination with the Customer.
Reclaimed Water Transmission Facilities. Those pipes, valves, fittings, and appurtances
identified and sized in accordance with the reclaimed water master plans, constructed in
accordance with District utility design crtieria and construction standards, used to convey
reclaimed water from a wastewater treatment plant or pumping station to Reclaimed Water
Distribution Facilities. The District Utility Director will determine which facilities aze part
of the Reclaimed Water Transmission Facilities and which aze part of the Reclaimed Water
Distribution Facilities.
Reuse. The deliberate application of Reclaimed Water for irrigation purpose .
Service Area. The pazcel(s) of land to which the District is legally entitled to provide utility
services.
Service Area, Municinal. The area within which a county, municipality, or other
governmental agency by law or agreement is allowed to provide utility services.
Service Availabilitv (Availabilitv of Servicel. The results of detertnining, through
engineering analysis and of cost and operational feasibility studies, if utility service is
available for existing development or proposed development.
Service Lines. The smaller diameter pipes that branch from lazger diameter pipes in the
Potable Water Distribution System, Recla~imed Water Distribution System or Wastewater
Collection System to a Customer's Potable Water meter, Reclaimed Water meter, or
wastewater cleanout on the Customer's property line thereby providing a point of delivery
of Potable Water or Reclaimed Water to a Cusomer or point of collection of Wastewater
from a Customer.
Sewaee. Domestic or Sanitarv. See Wastewater, Domestic or Sanitary
Surcharge. A pass-through cost shall be added to all charges for services provided to those
customers receiving Water, Wastewater and Reclaimed Water service from the District
that reside within a city.
UPAP. The Utility Policies and Procedures of the District, which include the Utility
Service Policy ("USP"), the Utility Extension Policy ("UEP"), the utility rate tariff, and
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other utility policies and procedures adopted and revised from time to time by the District
and/or District Board.
Utilitv. 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 utility transportation systems, stormwater management
systems, wastewater treatment and disposal systems, etc. In the UEP 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.
Utilitv Facilities. All the facilities controlled by a Utility required to provide customers
with potable water, reclaimed water, and/or wastewater products and/or services.
Utilitv Service. The act by a Utility of providing Potable Water and/or Reclaimed Water to
a customer, and/or providing for the removal of Wastewater from 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 Sanitarv. 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
secondary effluent standards as defined by FDEP, 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, Pumn (Liftl 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.
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February 1, 2013
Wastewater Facilities, Service Lateral. In wastewater collection facilities a service lateral is
a small pipe that branches from a larger pipe to a customer's property line thereby
providing a point of collection into the collection facility. A lateral is normally sized four
inches in diameter or lazger.
Wastewater Treatment Plant. Those facilities used to treat wastewater and dispose of
effluent and biosolids including, but not limited to clarifiers, aerators, digesters, filters,
storage tanks, percolation-evaporation ponds, spray irrigation fields, direct dischazge pipes,
injection wells, 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 azea containing one or more wells contributing water to a public potable
water system as defined by applicable environmental regulation.
SECTION 3 - CUSTOMER SERVICE
APPLICATION
Written and signed applications for service aze required to receive utility service from the District.
Utility service will be furnished upon acceptance by the District of a written application for utility
service, as evidenced by written acknowledgement by the District. Submittal of an application for
service by a Customer represents the Customer's agreement that it is bound by the provisions of the
UPAP, and each Customer acknowledges and agrees that the UPAP applies to each Customer as a
condition to Customers initially receiving and continuing to receive utility service from the District,
notwithstanding anything in the application or any representations, oral or written, by the District to
the contrary.
Applications for utility service submitted by entities (firms, corporations, partnerships, associations,
companies and others) (collectively, "Principals"), shall be tendered only by duly authorized
representatives of the Principals ("Agents"). Submittal of an application for service by an Agent shall
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 the District.
Extensions of utility service to a property shall be governed by the UPAP.
No oral or written communications by the District shall vary, alter, supercede or negate the provisions
or application of the UPAP, as amended from 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. Amendments to the UPAP shall apply to all Customers, and no Customer shall
have a vested right in any provision of a prior version of the UPAP.
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MANDATORY UTILITY SERVICE/SERVICE INITIATION - NEW CUSTOMER
1. Mandatorv Connection:
All properties within the District shall be required to obtain Potable Water, Wastewater and
Reclaimed Water service from the District or other Utility as approved by the District Board. No
Utility may construct utility facilities within the District without the prior approval of the District
Boazd.
2. Ezistin~ Installations:
Applicant requesting Potable Water service, Reclaimed Water service, and/or Wastewater service to a
property previously having the service should proceed as follows:
a. Complete an application, required prior to receiving service.
b. Contact the District's Customer Service representatives at least three (3) 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 property who
establish a Customer relationship with the District, a Customer is responsible for any
outstanding fees associated with any previous Customer for the same service address. A
current or previous Customer owing any outstanding amounts to the District and attempting
to open a new Customer account with the District shall pay the outstanding amounts in full
before the District will provide utility service to the new service initiation.
c. Pay the Customer Deposit and Account Service Fee, with initiation of service. (See Chapter
1, Section 4 for deposit information.)
3. New InstaIIations:
Applicants desiring the provision of Potable Water service, Reclaimed Water service, and/or
Wastewater service to a property not previously receiving 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 Potable Water service, Reclaimed Water service
and/or Wastewater service available within a reasonable distance to their properiy.
b. Apply in person to the District for Potable Water, Reclaimed Water and/or Wastewater
service, and pay applicable Administrative Fee, Meter Fees, Connection Fees, Guaranteed
Revernxe Fees, and other required fees/chazges. As applicable, submit a set of plans and
proposed utility demand; sign a Development Agreement with the District. When an
Applicant wishes to have a single master meter to serve multiple dwelling units or buildings
located on multiple parcels, a Unity of Title document must be properly executed and
recorded against the property prior to receiving service from the District.
c. Meter(s) and Service Lines will be installed at a point(s) determined by the District.
d. In the case where a meter needs to be installed, installation will generally occur within five
(5) business days from the time of application. Depending upon construction or pernutting
requirements, other installations may take four (4) weeks or longer from time of application.
e. The Customer is responsible to obtain a County Building Division permit, connect his
plumbing to the Point of Service at his cost and to disconnect any well from his potable
water system with an air gap between the two (2) systems (well may be retained for
irrigation purposes as long as there is no physical connection to the District's potable water
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February 1, 2013
system). The District must receive a copy of the County Building Division clearance prior
to approving Potable Water service. A copy of the County Building Division pernut to
abandon an on-site Wastewater disposal system must be provided to the District prior to
service initiation.
f. The Customer is responsible for connecting his irrigation system and back flow prevention
device to the District's Reclaimed Water service connection at the Point of Service at his
cost and to disconnect his current urigation source. The District approval of the installation
is required prior to commencement of Reclaimed Water service.
WITHHOLDING OF SERVICE
Except as may be otherwise provided by law, the District may withhold or discontinue any or all
Utility Services until all past-due amounts for any Utility Service which are owed and unpaid to the
District have been paid in full. In the event District discovers private facilities adversely affecting the
District facilities, cross-connections, or unauthorized re-distribution of utility service, utility service
may also be withheld until such situation is corrected.
SERVICE REACTIVATION
Reactivation of service to a Customer will generally be completed within three (3) business day after
request and satisfaction of all past-due amounts which aze owing and unpaid to the District from the
Customer at all service addresses of the Customer and payment of an Account Service Fee. The
District will attempt, but does not guarantee, to turn-on a Customer's water if full past due payment is
received by 2 pm on a business day. Customer Service representatives perform scheduled turn-ons
unti14:30 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 aze
identified as a Base Facility Chazge and Customer Account fee. Once Utility Service to a property is
initiated, the minimum monthly fees will continue to accrue against the property, notwithstanding
intermittent service termination(s) of Customer(s) on the property. The Customer will also be billed
and is obligated to pay monthly Commodity fees or Consumption Chazges for the amount of utility
service consumed.
TAX CLAUSE
Rates and chazges 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 ineters, or
customers, or volume of utility 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 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 the District. In no case
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shall Customer, except with the written consent of 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 Potable Water service from the District:
• sha11 restrict the use of a private well to irrigation only
• shall not interconnect or cross-connect the Potable Water plumbing system with any other
water supply system
In case of such unauthorized extension, re-metering, re-distribution, sale or disposition of service or,
interconnection or cross-connection, said Customer's service is subject to immediate discontinuance
until said service is properly authorized by the District and full payment is made for prior service
calculated using the proper classification and rate schedules.
CONTINUITY OF SERVICE/NO DAMAGES
The District shall not be liable to the Customer for damages, whether direct, ind'uect, consequential,
or special, for failure or interruption of continuous Potable Water, Reclaimed Water and/or
Wastewater service. The District shall further not be liable for damages, whether direct, indirect,
consequential, or special, for any act or omission caused directly or indirectly by District's
negligence, acts, or omissions, labor troubles, accidents, litigation, breakdowns, shutdowns, repairs,
adjustments, acts of sabotage, wazs, Federal, State, Municipal or other Governmental legislation,
regulation or other interference, acts of God or causes beyond its control.
CHANGE OF CUSTOMER'S INSTALLATION
Changes to the Customer's service installation will be made when deemed necessary by District. If
requested by the Customer, or if a Customer's service installation needs to be moved due to
Customer's construction (i.e., driveway), or if a Customer's service usage increases, 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, District 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, structures,
landscaping and/or other encroachments over, upon or across utility easements, rights-of-way or other
access facilities or to seek a modification from the District's standazd easement requirements. In
consideration of a Customer's encroachment existing or continuing within a utility easement and to
induce the District to allow such encroachment or to modify standard easement requirements, the
Customer agrees to indemnify and hold the District harmless from any and all damage, including but
not limited to, total destruction of such encroachment that may result from the District's use of any
utility easement or right-of-way. Such indemnification shall not require additional documentation,
but District may require Customer enter into an Indemnity Agreement, in form approved by the
District which will be recorded in the Public Records of the County.
District Utility Service Policy Page 13
February 1, 2013
INSPECTION/ACCESS TO CUSTOMER'S PREMISES & INSTALLATIONS
1. All Customer's service installations or changes may be inspected by the District, at the District's
sole option, upon completion of the work to insure that Customer's piping and equipment have
been installed in accordance with accepted standazd utility practices. Where other
governmental inspection is required by local rules or codes, the District cannot render service
until such inspection has been made and a formal notice of approval from the inspecting
authority has been received by the District.
2. The duly authorized agents of the District shall have access at all reasonable hours to the
premises of the Customer for the purpose of installing, maintaining, repairing and inspecting or
removing the District's property, reading meters and other purposes incident to performance
under or termination of the District's agreement with the Customer, and in such performance
shall not be liable for trespass or other claims related to such access and activities.
LIABILITIES
The Customer is responsible to properly protect the District's facilities serving the Customer's
premises, and will permit no one but the District's personnel or agents, or person(s) authorized by
law, to have access to or tamper with these facilities. In the event of any loss, or damage to property
of District caused by carelessness, neglect, abuse or misuse on the part of the Customer, the cost of
making good such loss or repairing such damage, and any charges for utility service so impacted, will
be assessed to the Customer.
POTABLE WATER, RECLAIMED WATER AND/OR WASTEWATER SERVICE
AVAILABILITY
Whenever Potable Water, Reclaimed Water, and/or Wastewater 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 Svstem Reauirements:
a. Property Owner Facilities. As provided in the UEP, a Property Owner will install and
maintain an underground Reclaimed Water irrigation system of low-trajectory spray heads that
is controlled by electrical timers and valves. The Reclaimed Water 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 Reclaimed Water system. All Reclaimed
Water 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 standazds shall be strictly adhered to in the design, construction
and operation of all Reclaimed Water systems: the UEP, the District's Construction Standards,
as amended from 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.
District Utility Service Policy Page 14
February 1, 2013
c. Public Notification and Signage. Adequate signs in compliance with FDEP rules and
regulations shall be posted throughout the Reclaimed Water urigation system to inform the
public that nonpotable Reclaimed Water 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 azeas and at appropriate intervals, shall state, at a minimum,
"Reclaimed Water Imgation 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. Cross Connection. Property Owners utilizing Reclaimed Water shall not directly or
indirectly connect their Reclaimed Water system to the Potable Water system.
e. CompGance. Failure to comply with the Reclaimed Water System Requirements and all
FDEP reclaimed water rules and regulations shall be grounds for the District to discontinue
Water, Wastewater and Reclaimed Water service to the Property, until the Property Owner
comes into compliance. Property Owners that do not use the minimum volume of Reclaimed
Water during a monthly billing cycle may be assessed the minimum chazge per thousand
gallons for each thousand gallons of reclaimed water use below the minimum. All Wastewater
Customers shall be required to accept back Reclaimed Water to their property in amounts at
least equal to eighty percent (80%) of the amount of Wastewater delivered to the District,
provided the District shall not be obligated to so provide Reclaimed Water to the Customer.
RECORDING
By adoption of this Utility Service Policy, the District Boazd specifically authorizes the Utility
Director to record, and the Clerk of Courts, to accept for recording, all easements, rights, indemnities,
deeds, liens, development agreements, maintenance agreements, Unity of Title or permits granted,
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 acceptance of utility service from
the District, the Customer will be deemed to have granted to the District all rights, easements,
licenses or permits to enter onto Customer's property, and to conshuct, repair, maintain, replace,
remove, reconstruct, enlarge and place utility facilities on, under, through, and over Customer's
property for the purpose of providing utility service to Customer's property or for the purpose of
enhancing the provision of utility services to all Customers (collectively, "Easement Rights"), which
Easement Rights may be exercised by the District without further grant, approval or consent of the
Customer. The Easement Rights shall be binding on the Customer and its successors and assigns and
shall run with the land. Notwithstanding the existence of such Easement Rights, in addition at the
District's request, the Customer shall grant or cause to be granted to District and without cost to the
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February 1, 2013
District, any recordable rights or easements or permits to the District to further evidence the District's
Easement Rights. Failure to grant or obtain required recordable easements shall be grounds for
discontinuance of service by the District until such required easements are provided to the District.
WASTEWATER BACKUP
Most Wastewater backups aze caused by plugging of the lines on the Customer's side of the point of
connection by deleterious objects such as tree roots which have grown into the Customer's facilities.
Another common cause of overflows is wastewater pipes blocked by grease. Grease gets into the
Wastewater from household drains as well as from poorly maintained grease traps in restaurants and
other businesses. The following procedures will apply to Wastewater backups:
1. If contacted by a Customer, the District will respond and investigate the cause of the backup,
clearing the District's Wastewater Service Line obstructions, if any, up to the Point of Service.
2. If District's Wastewater Service Line 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 will be charged the appropriate service fees.
3. The Customer will be responsible for all plumbing costs associated with this work if they hired a
plumber before contacting the District and/or if the blockage is found to be on the Customer's
side of the point of service.
4. The District shall not be responsible for any damages relating to or resulting from a Wastewater
backup. Customers are urged to check their property insurance to assure coverage for Wastewater
backup damages.
UNAUTHORIZED CONNECTION (TAMPERING~
Unauthorized or fraudulent use of, connection to, or tampering with District facilities is a violation of
State Law and this USP and violators will be prosecuted. Connection to District's facilities without
specific approval in writing, receiving service without legal payment for same and otherwise
circumventing specifications herein for provision of service aze prohibited.
Florida Statues, Section 812.14, which may be amended from time to time, states:
812.14 Trespass and larceny with relation to utility fixtures.-
(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 appazatus or
device belonging to a utility line service in such a manner as to cause loss or damage or to
District Utility Service Policy Page 16
February 1, 2013
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
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 appazatus 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.
District Utility Service Policy Page 17
February 1, 2013
(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.
(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
standazds.
As set forth above, the District will prosecute violations of Section 812.14, Florida Statutes, 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 the District, and will subject violators to breach of contract
enforcement actions by 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
chazges for repair to the District's facilities and for utility service unlawfully appropriated, including
base chazges and commodity or consumption charges, have been paid in full and proper connection is
accomplished and chazges 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 final and binding on the Customer.
Administrative fees will also be assessed to the violator for the costs incurred by the 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
1. Account Denosit Policv
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 final fees, as stated herein. T'he Account Deposit will be paid upon Service Application.
Payment of a Deposit does not prevent District from discontinuing service for non-payment of a
past due balance even though the Account Deposit would cover the indebtedness. The District
will not be required to draw down an Account Deposit as a condition to bringing an action to
recover past due balances from a Customer, but the District may draw down an Account Deposit
during any action to recover past due balances from a Customer.
2. Residential Deaosit Reauirement:
An Account Deposit shall be required for each dwelling unit. Multi-family units utilizing a
master meter shall pay the account deposit for a 5/8" x 3/4" meter times the number of dwelling
units. Single residential Customers utilizing an over-size meter shall be required to place an
Account Deposit based upon meter size.
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February 1, 2013
3. Non-residential Denosit Reauirement:
The amount of the Account Deposit shall be based upon meter size as provided in the Rate Tariff.
4. ExistinE Account Deaosits:
In the event of an increase in the Account Deposit requirements, existing Customers shall not be
required to increase their account deposit unless the account has been finaled and the account
deposit used, in part or in full, for the satisfaction of outstanding amounts due.
5 Additional Denosits:
The District can impose a new Account Deposit from an existing customer if that customer
establishes bad credit with their utility account, or their account payment history reflects an issue
with their utility account.
6. Excentions:
Agencies of the federal, state or local government aze exempt from Account Deposits. Charitable
and quasi-governmental agencies aze required to have an Account Deposit.
7. Denosit Refund:
The District may, at the end of twenty-four (24) months of good account history, and at the
request of a Customer, credit the Account Deposit to the respective account or issue a refund
check when the account is deactivated, whichever comes first. Good account history is defined
as:
a. Not more than one (1) past due notice in any twenty-four (24) month period.
b. No involuntary discontinuance of service in any twenty-four (24) month period.
c. No uncollectible items in any twenty-four (24) month period.
8. Account Denosit Transfer:
An Account Deposit will not be transferred for the same Customer to a new service address but
will be applied to the final bill, and a refund check issued for the balance of the deposit. In the
event a Customer, for at least twenty-four (24) months, with good account history, as defined
above, moves from one service location to another within the District's service azea, a new
Customer Deposit will not be required.
9. Transfer of Service:
Utility Service may be transferred from one Customer to another upon written request and
approval by both parties, the outgoing and 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 aze the responsibility
of and be billed to the Property Owner. An Account Service Fee will be billed when said service
is reactivated.
The District reserves the right to obtain owner information from either the Property ArY~~xiser's
file or other reliable sources for the purpose of complying with the billing requirements of the
District Utility Service Policy Page 19
February 1, 2013
USP. The date of account transfer will be the date the District confirms ownership pursuant to
the provisions of this pazagraph.
10. Rental Pronertv:
As a condition for the District to enter into a direct Customer relationship with renters of rental
properties, rental property Property Owners agree and acknowledge that the Property Owners
shall be responsible for all Customer billings accruing during 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 the District and certifying the date when a renter vacates a
rental property or all past due charges become the Properly Owners responsibility.
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 if the former renter was a direct Customer of
District, and any unpaid service charges incurred by such former renter shall not be the basis for
any lien against the rental property. Nothing in the UPAP shall require the District to enter into
direct Customer relationships with renters. The District may require a rental property Property
Owner to be the District's customer, in which event the Property Owner shall be responsible for
all unpaid District invoices accrued during the tenancy of a renter which shall be a lien against the
rental property.
The District requires at least a six (6) month lease in order to put the Utility service in the renter's
name, otherwise. the Utility Account will be in the Property Owner's name and the monthly bills
will be the responsibility of the Property Owner.
Properties that will be wastewater only customers of the District will have the Utility Account in
the Property Owner's name and the monthly bills will be the responsibility of the Property
Owner.
11. Mobile Homes:
Where service is being provided to a leased lot in a mobile home park, the District shall require
the property owner of the mobile home to be the District's Customer and be responsible for the
monthly billing, including all Fees and charges if not served by a master meter.
BILLING CYCLE
A billing cycle shall consist of approximately one month dependent upon weather, holidays, access to
meters, work force availability, etc. All meters will be read on a monthly basis with billing
performed on a monthly basis.
A utility bill will be mailed to the Customer approximately every month. The District must receive
payment by the bill due date to insure proper credit to the account prior to the next bill. Non-payment
prior to the beginning of the next billing period shall result in the unpaid amount being carried
forwazd as a past~ue balance. Bills will be rendered monthly and shall be considered as received by
District Utility Service Policy Page 20
February 1, 2013
the Customer when mailed to their service or mailing address, as requested by the Customer. Non-
receipt of bills by the Customer does not release nor diminish the obligation of the Customer with
respect to payment thereof. Transactions received after 4:30 p.m. aze considered 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 a
disaster or technical issues. True up with a Customer's account will occur when actual meter
reading/usage is obtained.
All accounts shall be billed a Customer Account Chazge and Base Facility Fee on a monthly basis,
irrespective of actual usage, to compensate the District for the fixed and non-variable costs of
operating the Utility and maintaining readiness to serve the Customer.
DELINOUENT ACCOUNTS
A Customer who has not paid a prior month's bill and whose subsequent month's bill shows a past-
due balance is considered delinquent and will incur past-due fees. The District may administratively
waive one past-due fee during any twelve-month period for any one Customer Account. A past-due
balance consists of the previous bill balance less credit adjustments and payments. Payment of the
past-due balance must be received at the District's office within ten (10) days of the date shown on the
Customer's Utility Late Notice or service will be terminated. Restoration of service to a Customer
following service termination may be completed within three business days after satisfaction of the
past-due balance, including late fees, which is o~ving and unpaid to the District at that service address
by that Customer. An Account Service Fee will be applied to the Customer's next bill.
The District may also delay shut-off of service on a"Promise to Pay" basis up to two (2) times in any
twelve month period on a case by case basis, such as with a verified leak. If the Customer fails to
deliver funds on ~"Promise to Pay" within five (5) business days, said service will be discontinued
and the Customer will not be eligible for an additional "Promise to Pay" for twenty (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 cndit 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 Wastewater 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. The District shall, after the expiration of such ten (10) day period,
make such termination on the 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 the District under applicable law.
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
District Utility Service Policy Page 21
February 1, 2013
every twelve (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 Customer's current chazges. The
customer will sigp a Payment Arrangement 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 aze paid in full. The Customer shall also not be eligible for additional
payment plans for a twenty-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 cleaz the drawer's bank for any
reason, it is considered a non-payment as of the date of receipt of the check 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 the District receives notice of a
dishonored check or bank draft, the transaction will be reversed and a returned check fee will be
applied to the Customer's account. If a Customer pays with 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, credit cazd, or certified funds for a period not less than
twenty-four (24) months at which time check privileges will be reinstated.
PARTIAL PAYMENTS
When payment has not been received in full, service may be refused and/or terminated. Service
will not be reactivated on the basis of partial payment when service has been terminated unless
payment arrangements have been made with District in advance.
TERMINATION LIABILITY
There shall be no liability of any kind against the District for service termination due to the
Customer's failure to pay any bill in full and on time.
ADMINISTRATIVE HEARINGS
1. Administrative Hearing Board ("AHB"). The AHB has the power to heaz and review
disputes relating to the correctness of utility bills, the imposition of utility fees, and challenges to
termination of service.
2. Composition. The AHB shall be composed of three (3) members to be appointed by the
District, one of whom shall be designated as Chair of the AHB. The Director may designate or
appoint a District staff inember to serve as an alternate member of the AHB. 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 providing
evidence that he or she is entitled to relief. The AHB shall have no authority to alter or waive the
utility fees approved by the District.
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February 1, 2013
4. Procedure to Request Hearings.
a. A Customer/applicant may request a hearing before the AHB by submitting a request for
hearing on a form provided by the District within five (5) business days of termination of
service or within six (6) months of the due date of the contested bill. The request for
hearing shall be accompanied by the appropriate Administrative Hearing Fee.
b. Upon receipt of the request for hearing, the District shall set a time, date, and place for
the hearing. The District will schedule the hearings during the normal Business Hours of the
District. The District shall provide the Customer/applicant written notice of the time, date
and place of the hearing by certified mail, return receipt requested, no later than ten (10)
days prior to the date of the hearing. Failure of the Customer/applicant to appear at a duly
noticed hearing shall be deemed a waiver of the right to a hearing and the case shall be
dismissed by the AHB. In the event the Customer/applicant is unable to attend the hearing
in person, the Customer/applicant may: A) Request that his case be heazd by telephone; or
B) Submit a written statement in the form of an affidavit and provide documentary evidence
prior to the hearing which shall be submitted into evidence by District staff at the hearing
and shall be considered by the AHB in reaching its decision. The Customer/applicant shall
also be entitled to one (1) hearing postponement if the Customer/applicant submits a request
for postponement in writing to the District 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 heazd 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
backgound 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.
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February 1, 2013
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 the 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 District staff shall also be permitted to
inquire of or question any witness present at the hearing.
e. Decision of the AHB. The AHB shall orally render its decision based on the
testimony and evidence presented at the hearing at the conclusion of the hearing.
The Boazd's objective is to resolve each dispute by rendering a decision which is
just and equitable to both the Customer/applicant and the District. In addition, an
inability or unwillingness to pay as a consequence of permanent or temporary
financial hazdship of the Customer/applicant shall not be considered grounds for the
raduction of a utility bill or fee; however, the AHB may establish a payment plan
which provides for required payments on an interest free basis for a period up to
twelve (12) months in addition to Customer's current chazges. The written
decision of the AHB shall be mailed to the Customer/applicant within thirty (30)
calendar days of the hearing.
£ Final Action. The decision of the AHB shall constitute the final decision of the
District. There shall be no right of appeal to the County.
6. Open Deliberations. Hearings before the AHB are public meetings and shall be open
to the public at all times. The AHB shall conduct its deliberations and vote on all matters before it
at the public meeting.
7. Ex Parte Communications. An ex parte communication is any written or oral
communication with an AHB member other than one made on the record at the time of the hearing.
AHB members should not engage in ex parte communications regarding any issue which may be
heard by the AHB. If a written communication is received by an AHB member concerning an
application or a pending case, the communication shall be disclosed and made part of the record
prior to the final action on the matter.
District Utility Service Policy Page 24
February 1, 2013
8. Appeal. Any aggrieved party may appeal a decision of the AHB within thirty (30) days
of the execution pf the written order/decision of the AHB by filing a petition for Writ of Certiorari
in the Circuit Court.
ADJUSTMENT OF BILL FOR METER ERROR
A Customer may request a meter test subject to applicable fees. In meter tests made by the District,
the accuracy of the meter and its performance in service shall be judged by its average error rate. The
average meter error shall be considered to be the average of the errors at the 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, the 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 three (3) months except that if it can be
shown that error was due to some cause, the date of which can be fixed. The over charge shall be
computed back to but not beyond such date. The credit shall be based on the customer's average
consumption over twelve (12) months and 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 District will back bill the Customer for the lost revenue. The back bill
shall be based on the customer's average consumption over the prior twelve (12) months. In the
event of tampering with a meter, the District may back bill based on the customer's average
consumption befi~re the tampering for the period of the tampering.
Non-Re~isterin~ Meter - In the event of a non-registering meter, the Custorner will be billed on an
estimated basis on the Customer's average consumption or similar customer's usage. In the case of a
new customer ~trith no usage history, the District will wait ninety (90) days to get an average
consumption to use in back billing. The District may back bill the Customer for the period of the
non-registering.
ACCOUNT AIaJUSTMENT FOR BILLING ERROR
The District will provide Customer account adjustments for the services which were billed but were
not provided to the Customer. Customers will be obligated to submit such billing discrepancy in
writing with si~.y (60) days of receipt of a disputed invoice, or such dispute is waived by the
Customer. Said account adjustments will not exceed sixty (60) days and will be further limited to the
current Customer's account.
The District will also provide Customer account adjustments for services which were provided but
were not billed t~ the Customer. Said account adjustments will be based on Section 95.11, Florida
Statutes, as may be amended from time to time except where the District deternunes that the account
adjustment was jointly or solely caused by the Customer. In instances where the District finds cause,
said account adjustments wiil 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.
DisU-ict Utility Service Policy Page 25
February I, 2013
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 the 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 (4) 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 appazent or deliberate act of the
Customer; and
4. The excessive usage credit is limited to a one (1) time conservation credit on a specific
account; and
5. Customers must provide proof to the District of why the excessive usage occurred; such as
a plumber's invoice for a leak repair.
The Excessive Usage Credit for residential Customers is calculated by multiplying the
residential Customer's excessive consumption (consumption which exceeds the Customer's
twelve month average with a 10,000 gallon minimum) by the lowest tiered rate per
thousand gallons.
TEMPORARY DISCONNECT
A temporary disc+~nnect will be honored if the Customer so requests, but said Customer will be billed
and must pay on a monthly basis Customer Account Charge and Base Facility Charges. In addition,
an Account Service Fee will be assessed when full service is restored.
LIEN FOR SERVICES
The District has a lien on all lands and premises served or to be served by The District's utility
system for all rates, fees, charges and costs attributable to service to such lands and premises or
arising out of a duty or liability imposed by the USP and UEP until paid. Such liens, when
delinquent for more than 20 days, may be foreclosed by the District in the manner provided by the
laws of Florida for the foreclosure of mortgages on real properly, and as provided below.
LIEN FORECLOSURE PROCEDURE
As provided above, the District has a lien for all rates, fees and charges until paid, including those of
FPUA, chazged as the District's bulk utility provider, which lien is co-equal with the lien of ad
valorem properiy taxes. The District's lien attaches to a Customer's property on the date of initiation
of utility services by the District, and all amounts due the District related back to the date of
attachment of the lien. All existing and subsequent parties in interest to Customer's property aze on
notice that the District has a continuing lien for payment of utility services. 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. Notwithstanding
whether the District has recorded a Claim of Lien, the District may foreclose its lien against a
Customer's prop~rty.
District Utiliry Service Policy Page 26
February 1, 2013
The District hereby delegates the County attorney or his designee the authority to execute and record
a Claim of Lien for Utility Service, execute related satisfactions, and releases of invalid or
inappropriately filed liens in the Office of the Clerk of the Circuit Court for the 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 properiy 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 of the current amount of utilities due the District under
its continuing utility lien against the Customer's property.
STATUS AND ~NFORCEMENT OF LIENS
The utility lien accruing against Customer's property shall be considered to the same extent and
character as a lien for a special assessment. Until fully paid and dischazged, 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, including mortgages.
Said liens may be enforced and satisfied by 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 the District by
action or suit in equity as for the foreclosure of a mortgage on real properiy and shall be considered to
the same extent and chazacter 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 the
District to obtain incorrect readings, the District will assume no liability for repaying or collecting
monies due from the affected parties. The District, however, reserves the right to adjust the bills of
the affected parties.
SECTION 5 - METERS
ALL POTABLE WATER AND RECLAIMED WATER THROUGH METERS
Meters are required on all Potable Water and Reclaimed Water service connections irrespective of the
size or nature of service. No property shall have access to or use of Potable or Reclaimed Water
without delivery through a meter.
Meter sizes aze 5/8" x 3/4", 1", 1 1/2", 2", 3", 4", 6" and lazger as necessary. Various rates and fees,
including user-fees, are dependent upon meter size. It is the responsibility of the Customer to select
the meter size that is appropriate for his expected demand. The District will advise Customers
regazding meter selection. However, the District reserves the right to over-rule the Customer's
District Utility Service Policy Page 27
February 1, 2013
selection if that selection is not compatible with reasonable expectations of service demand for the
connection. Duplex or similaz meter schemes (two one-inch meters in lieu of one two-inch meter)
will not be permitted. In general, differing types of uses (i.e., residential, commercial, multi-family)
shall require separate meters. A separate Potable Water meter, however, is not required for laundry
facilities serving only on-site multi-family tenants through a master-metered connection.
METERS - PRUPERTY OF THE DISTRICT
All meters shall be furnished and installed by and remain the property of the District and shall be
accessible to and subject to its control. The Customer shall provide meter space to the District at a
suitable and readily accessible location and when necessary, within or on the premises to be served,
with adequate space for installations; operation, maintenance and testing. The County right-of-way
will be used for meter placement whenever possible.
CONNECTIONS TO BE MADE BY THE DISTRICT
Connections to District's Utility Facilities for any purpose whatsoever are to be made only by
employees of or as authorized by the District. Unauthorized connections render the service subject to
immediate termination without notice and service will not be restored until such unauthorized
connections have been removed and payment is made in full for all service, including appropriate
service fees, and any applicable fees.
METER ACCURACY REOUIREMENTS
All meters used for measuring utility service aze to be in good mechanical condition and are to be
appropriate in si~e and design for the type of service which they measure. Before being installed for
the use of any Customer, every meter, whether new, repaired or removed from service for any cause,
shall be adjusted to register within the accuracy limits as specified in the AWWA standards for that
meter. The utility service rendered by the District, as measured by metering devices, shall be prima
facie evidence of the quantity of utility service used by the Customer.
INACCESSIBLE OR DAMAGED METERS
When a meter becomes inaccessible to read/maintain due to a Customer's actions, the District will
advise the Customer in writing (certified mail, return receipt requested) and provide not less than
thirty (30) days to allow the Customer to correct the situation. The District will take action to correct
the problem or discontinue service upon failure to comply. All costs accrued for work performed will
be chazged 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 Di$trict 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 y~azs. Construction meters may only be moved by District personnel. Construction
meters to be plac,ed on new fire hydrants will not be installed until a"construction only release" is
obtained from the District. 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
District Utility Service Policy Page 28
February I , 2013
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 aze required for construction meters.
POTABLE WATER IRRIGATION AND FOUNTAIN METERS
The use of Potable Water provided by the District for irrigation purposes is discouraged as being
wasteful of a quality resource. As a disincentive to such use, the District will not accept requests and
will not install residential meters intended solely for such use or when Reclaimed Water is available.
If the Customer chooses to irrigate with Potable Water, 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 Water shall not be used for imgation purposes when Reclaimed Water service is available
and when connection to the Reclaimed Water Distribution 5ystem 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 the District. Two situations may apply:
Temporary MeterlTemporary Use:
a. The applicant shall pay all applicable non-residential fees and charges (Account Service 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 the
service line deactivated, removed or abandoned in its place as directed by the District.
2. Permanent MeterlTemporary Use:
a. The applicant shall pay all applicable non-residential fees and chazges (Account Service Fee,
deposit, cannection fees, guaranteed revenue fees, and installation fees).
b. Prepaid connections shall be allowed and will be deducted according to anticipated future use.
The difference in costs between future use and temporary use shall be paid at service
initiation.
c. The Customer is responsible for notifying the District when the use has converted to
residential.
All temporary Service Lines shall be removed or abandoned at the discretion of the District.
The District may require that construction plans be prepared to reflect all necessary improvements.
Plan Review and lnspection fees may apply.
~ _,~~~
District Utility Serviae Policy ~ Page 29
February 1, 2013
UTILITY SERVICE POLICY
APPROVED AND ADOPTED
EXHIBITS AND STANDAR.D FORMS
[Remainder of page intentionally left blank]
District Utility Service Policy Page 30
February 1, 2013
ST. LUCIE COUNTY WATER AND SEWER DISTRICT
REQUEST FORM
FOR HEARING BEFORE THE
ADMINISTRATIVE HEARING BOARD
The undersigned customer/applicant hereby requests an administrative hearing before the St. Lucie
County Water and Sewer District Administrative Hearing Board regazding the following claimed
dispute relating to the correctness of utility bills, the imposition of utility fees, and challenges to
termination of service:
[Please Print Legibly or Type Claimed Dispute]
(Please attach copies of any utility bills, correspondence with the District staff or other information
relating to your Claimed Dispute]
Date:
Signature:
Name:
Service Address:
[Please include the $ Administrative Fee with request.]
ACCEPTED FOR FILING BY ST. LUCIE COUNTY WATER AND SEWER DISTRICT
Date:
Signature:
Name:
Position:
District Utility Service Policy
February 1, 2013
Page 31
ST. LUCIE COUNTY WATER AND SEWER UTILITY DISTRICT
UNIFORM EXTENSION POLICY
EXHIBtT
~ 'i,~ i~
s
District Uniform Extension Policy Page 1
January 1, 2013
SECTI4N 1- EXTENSION OF SERVICE
This Utility Extension Policy ("UEP") is part of the St. Lucie County Water and Sewer
Utility Disttict (the "District") Utility Policies and Procedures ("UPAP"), which includes
the Utility Service Policy ("USP"),the St. Lucie County Comprehensive Plan ("SLCCP"),
the Utility Rate Tariff and other policies and procedures adopted by the Board of County
Commissioners of St. Lucie County ("Board") sitting as the Boazd of the District Board
(District Board) and the Board 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 a non-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 and pay a non-refundable 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 andJor Wastewater Development Agreement (SDA)
• Standard Reclaimed Water Development Agreement (SRWDA)
• Non-~tandard Water, Wastewater or Reclaimed Water Development Agreement
(NSDA)
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 which may be amended from time to time by the District Director. The SDA and
SRWDA are hereby adopted as the Utility extension agreements of the District. The
County Administrator, County Attorney, and their designees are delegated authority to
execute SDAs without further approval of the District Board. NSDAs must be submitted
to the District Board for approval. (For purposes of the UEP set forth below, SDAs,
SRWDAs a~d NSDAs approved by the District are collectively referred to as SDAs
District Uniform Extension Policy Page 2
January 1, 2013
except where the context indicates otherwise.) The County Administrator, County
Attorney, 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.
l. General
A Property ~wner must initiate the SDA application process by submitting to the District
a written request to enter into an SDA or NSDA. The Property Owner shall reimburse
the District for all costs incurred by the District to prepare and process an SDA or NSDA.
The District may require a deposit in advance to cover its anticipated administrative
costs. The District may draw on the deposit to reimburse its administrative costs, and in
the event the District believes the deposit to be insufficient to cover the then anticipated
additional administrative costs, the District may require an additional deposit from
Property Owner. Upon execution of an SDA, or written statement from the Property
Owner withdrawing its application, the District shall refund any portion of the deposit not
required to cover the District's administrative costs to that point in time.
By applying 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. Property Owners may
not rely upon any oral or written communications from the District regarding utility
capacity 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 does it assure or guarantee a Property Owner that the Property Owner has or will be
able to obtain land use or zoning approvals for or be able to construct on the Property the
number of equivalent residential connections (ERCs) or equivalent residential irrigation
connections (ERICs) for which a Property Owner has elected to reserve utility capacity
under an SDA.
Payments due upon submission of an SDA must clear into the District's bank account as
a condition bo the District's performance of its obligations under an SDA. T'he 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
District Uniforna Extension Policy Page 3
January 1, 2013
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. No assignments will be considered by the District until
an estimated administrative review fee is paid to the District. The Property Owner sha11
reimburse the District for all costs incurred by the District to prepare and process 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.
ERCsfERICs within an SDA may not be transfened to properties not described in the
SDA under any circumstances. ERCs1ERICs within an SDA may be assigned by the
Property 4wner to subsequent owners of the same praperty upon acknowledgement of
the District. The terms of said assignment shall govern the transfer of ERCs/ERICs in
addition to the rights and obligations of the corresponding agreement. Prior to
acknowledgement of an assignment of ERCs by the District, the assignor shall provide
the District reasonable assurances that the assignor retains the legal right to assign the
ERCs/ERICs. If at any time during the development phase of a Property subject to an
SDA, the Property Owner (or its approved successor or assign) ceases to maintain an
ownership interest in the Property, the SDA shall be nullified by the District and further
meter releases withheld until a new SDA is entered into by a new Property owner with
the District. In all cases, the District shall be notified in writing of any assignment of the
SDA or any ERCs/ERICs within an SDA and shall acknowledge same. The District shall
not administer any financial arrangements between a Property Owner and its assignee
regarding an assignment of ERCslERICs.
Without exception, no Property Owner may assign or transfer an SDA or ERCsJERICs
within an SDA without approval or acknowledgement of the District as set forth above.
The District shall not recognize any assignment or transfer in violation of this prohibition
and shall not be bound or obligated to provide utility service to any assignee or transferee
of such an assignment or transfer.
2. Snecific Canacitv Needs Identification
Concurrent with a Property Owner's request far 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. The District
does not require a Property Owner obtain an SDA as a condition for submittal of a
request for a Development Approval. A Property Owner may, however, voluntarily enter
into an SDA with the District at the time the Property Owner requests a Development
Approval for the number of ERCs/ER.ICs corresponding to the anticipated requirements
of the project. Prior to SDA submittal, the Properly Owner shall complete and provide
to the District an ERC/ERIC data determination sheet.
District Uniform Extension Policy Page 4
January 1, 2013
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 or
Condominium Association 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. A copy of such Assignment shall be provided to
the District. The District may require an administrative fee to process such Assignment.
3. Limited Refund Uoon Denial of Zonin~/Land Use Apnrovals
In the event that a Property Owner voluntarily requests to enter into an SDA with the
District pending a Development Approval, the District may enter into an SDA with an
effective date as of the receipt by Property Owner of the Devel„Y~~.ent Approval. If the
Developmerlt Approval request is withdrawn, or Development Approval has not been
granted within twelve (12) months after application, or Development Approval is denied
by the St. Lucie County Board of County Commissioners (after all appeals periods have
lapsed or if appealed all appeals have been denied), the SDA shall be terminated
automatically and of no force and effect, and all fees previously paid to the District by the
Property Owner pursuant to the SDA, except the recording fee and the administrative
review fees, shall be refunded within ninety (90) days of denial of the Development
Approval.
B. GUARANTEED REVENUES
In general, prior to connection of any customer to the District utility system, a total
accrued amount (TAA) of sixty (60) months' accrued guaranteed revenue fees (which
equals the monthly Base Facility Charge per ERClERIC for a connected customer times
60) shall be paid by or on behalf of the customer for all ERCs/ERICs for which utility
service is requested by the customer. For properties requiring an SDA, accrued
guaranteed revenue fees shall be paid in accordance with Section C herein below. For
properties not requiring an SDA, accrued guaranteed revenue fees shall be paid at the
time of Service Initiation by the customer.
Accrued guaranteed revenue fees represent an accumulation of certain fixed costs of the
system which is not used and useful to the on-line Customers but has been held for future
use by future users which have been cazried by the District on behalf of such future users.
Accrued guau'anteed revenue fees are collected from future users to offset the cost
incurred by t~e 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 ("~PUA") to provide water, wastewater and reclaimed water capacity to the
District Uniform Extension Policy Page 5
January ] , 2013
District. As a result, certain future users may additionally be subject to the payment of
guaranteed revenue fees chazged 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
Accrued guaranteed revenue fee payments for properties requiring an SDA
comprise:
l. District TAA: Upon execution of the SDA, payment of the TAA calculated at the
then current rate per each ERClERIC shall be due and payable.
2. FPUA Guaranteed Revenue Fee (FPGRI: At the time required by the FPUA
pursuant to the terms of the Bulk Service Agreement Between FPUA and St. Lucie
County, paytnent of an FPGR equal to the then current rate established by FPUA for each
ERC/ERIC agreed to be served by FPUA under the SDA.
In the event the customer fails to pay their annual Guaranteed Revenue Fees, the District
may reduce the Property Owner's water and/or wastewater ERCs by an amount
equivalent to the value of the Guaranteed Revenue Fees that are owed to the District.
The District will advise the Property Owner of the Capacity Reduction due to
nonpayment of required fees. At the time of connection, the Property Owner would be
responsible for any increased cost per ERC or fraction thereof for the reduced capacity.
D. CAPACITY EXPIRATION
The capacity reservation provided for in SDAs shall have a term not to exceed sixty (60)
months frorn the effective date of such agreements. Property Owners may extend the
capacity reservation for unused ERCs/ERICs for an additional sixty (60) month term by
entering into a Standard Devel.,~,~~.ent Renewal Agreement (SDRA) or non-Standard
Development Renewal Agreement (NSDRA) with the District upon 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 rate in effect and payment of an
administrative processing fee. In the event that an SDRAINSDRA has not been applied
for by the Pz'operty Owner within ninety (90) days prior to the expiration date of the
initial SDA, or any approved renewal terms thereto, then the Property Owner must enter
into a new $DA upon expiration of the initial term of the SDA and pay a new TAA
including all applicable FPUA fees 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,
notwithstanding 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,
District Uniforrn Extension Policy Page 6
January 1, 2013
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 impositian of regulations restricting the
conduct of business herein; acts of sabotage; interference, restriction, limitation or
prevention by legislation, regulations, decree, permit, 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 regulatory agencies;
inability to obtain required property rights and easements, or any deiay or contingency
outside the reasonable control of the District.
SECTION 2 - CONNECTION FEES
Connection Fee shall be paid for each proposed ERCiERIC to be connected 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 connection fees paid for each
ERC for which service is denied. Connections Fees shall be indexed annually for cost of
living increases at an amount of 6% per year. In addition to payment of Connection Fees,
each future customer shall pay the then applicable fees to install the service meter, fees to
install a backflow preventer, fees for the cost of physically connecting the pipes 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 the backbone system off-site transmission, distribution,
collection and other potable water, reclaimed water and wastewater facilities. Off-site
transmission, distribution, collection and other potable water, reclaimed water and
wastewater facilities necessary to connect to the District's backbone system facilities, and
transmission, distribution and other potable water, reclaimed water and wastewater
facilities and easements within the boundaries of the Property 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 point of
connection ("POC") established by the District for service to the Property Owner shall
District Uniforrn Extension Policy Page ~
January l, 2013
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 for such
facilities, a no lien affidavit, perpetual rights-of-ways and easements for said facilities,
and completed as-built drawings for all such facilities prior to acceptance by the District
and the initiation of service thereto.
In the event that construction of certain off-site water, wastewater and reclaimed water
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 with the approval and
under the direction of the District, in compliance with District's Water, Vdastewater, and
Reclaimed Water Technical Specifications and Design Criteria, as may be amended from
time to time, subject to reimbursement as provided in this UEP. The Property Owner
may be required to submit to the District construction bonds in the amount equal to the
estimated construction cost plus a 10% contingency of all required off-site water,
wastewater and reclaimed water facilities that are necessary to provide service to a
project.
The Property Owner shall be required to construct all on-site water, wastewater and
reclaimed water facilities required to meet Property Owner's project service needs. The
design, construction and inspection of such on-site facilities shall be subject to the
approval of the District. In order to facilitate utility service, the Property Owner shall be
required to extend on-site potable water mains, reclaimed water mains, wastewater
gravity mains and wastewater force mains along the full length of the property boundary
or through the property to the property boundary at Property Owner's cost.
Property Owners intending to retrofit existing imgation systems with reclaimed water
service shall be required to extend reclaimed water mains up to the 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, safety or welfare require completion of such facilities
within a time frame sooner than being accomplished by the Property Owner, the District
may undertake the completion of such facilities by providing written notice to the
Property 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.
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January 1, 2013
B. CREDTT/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 of the Property Owner, the District may require that they be oversized and/or
constructed in such a manner to facilitate and to enable service to be provided to
additional areas.
The Property Owner shall be creditedlreimbursed for the difference in the actual cost of
construction of oversized facilities and the estimate of the cost of those facilities which
Property Owner would otherwise have been required to construct for service to the
property, which credit/reimbursement shall be without interest. It is the Property Owner's
responsibility to request creditJreimbursement from the District. The amount of the
creditJreimbursement shall be determined by the District based upon the data that is
supplied by the Property Owner's engineer, as verified by the District. T'he District will
make every effort to properly evaluate the "cost difference" for oversizing, but in the
event of a d~sagreement, the decision of the Director will be final.
There will be no creditlreimbursement for the construction of b" potable water mains, 6"
reclaimed w~ter mains, 4" force mains or 8" wastewater gravity mains, as these sizes are
the District's minimum standard sizes, even if these sized mains may have a hydraulic
capacity in excess of the Property Owner's capacity requirements.
The oversizing creditlreimbursement amount shall be applied as follows:
• For mains 20" and smaller, the entire amount shall be credited towazd Connection
Fees with any excess credits to be cash reimbursed by the District at development
project build-out.
• For mains 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 development project build-out.
• For pump stations and lift stations, the entire amount shall be credited toward
Conn~ection Fees with any excess credits to be cash reimbursed by the District at
development project build-out.
The District may connect any third party 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. REIMBTIRSEMENT FOR ADVANCE BACKBONE SYSTEM FUNDING
PROGRAM ~ .. ~
District Uniforrn Extension Policy Page 9
January 1, 2013
In order to expedite construction of 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 voluntarily request in
writing to participate in an advance backbone system funding program (an "AFP").
Upon receipt of a request to participate in an 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 pay to the District
("AFP Funding"), in advance, for District to initiate the expedited project. 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 system project unless sufficient funding is available from Property
Owner's electing to participate in the AFP to pay the total cost of the project.
The District shall reimburse a Property Owner's AFP Funding, without interest, 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 AFP funding (including
the County to the extent that the County has advanced the District monies to fund
construction of backbone utility facilities). Property Owners participating in the same
AFP shall have their 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 ma~cimum of a ten (10)
year period, with full reimbursement being made to the first Pool in time before
reimbursement begin on a second or subsequent Poals in time, unless the ten (10) years
have elapsed. Payment obligations to the Property Owner shall terminate on the ten (10)
year anniversary date of final acceptance by District of the last component part of the
facilities to be constructed by Property Owner.
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 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 within 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 the District to extend/expand the backbone off-
site facilities to serve the Property Owner's project. The District shall pay each AFP
Funding participant within the Pool a Pro Rata Share of the Net Water and Sewer
Connection Charges received by the District on an annual basis. The term "Pro Rata
Share" means the ratio of each AFP Funding participant's AFP Funding to the total
amount of AFP Funding within the Pool. For example, if the Pool had two participants,
one with an AFP Funding 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 two's Pro Rata 5hare
would be 2/3. The District shall continue making reimbursement until no further balance
District Unifornh Extension Policy Page 10
January 1, 2013
due to AFP Funding participants remains in the Pool or the ten (10) year period lapses,
whichever is first.
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 andlor wastewater facilities
installed by Property Owner and/or Property Owner's contractors, which facilities are
proposed to be transfened to the District for ownership 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 wastewater
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 aze 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 under the direct inspection of the District's
authorized representative and the Property Owner's engineer. The District may require
the re-installation by Property Owner of any facilities which do not meet the District's
criteria or satisfactorily pass a performance test. No connection to an existing District
facility shall be made except in the presence of the District's authorized representative.
The District shall charge a 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
the UPAP are designed to fully reimburse the cost of providing said services.
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 Department of Environmental Protection and other applicable
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.
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January 1, 2013
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 may 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 UEP.
A conditional final inspection or partial acceptance which will allow partial Service
Initiation dces 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
pump station or lift station pump and motor assemblies) from date of final acceptance by
the District of the last component part of the facilities to be constructed by Property
Owner.
SECTION 6- DEFINED MEANINGS, TERMS, AND RULES OF
CONSTRUCTION
A. GENERAL
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 Section 6 shall be
observed unless such construction would be inconsistent with the manifest intent of the
Board.
Generallv. All provisions, terms, phrases, and expressions contained in these
regulations shall be liberally construed in order that the true intent and meaning of
the Board 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.
District Uniform Extension Policy Page 12
January 1, 2013
Interoretation 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 ineaning or implication between text of these
regulations and any figure, the text shall control.
Comnutation 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.
Dav. 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
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 Writine. The term "written" 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 yeaz is indicated
or 365 calendar days is indicated.
District Uniform Extension Policy Page 13
January 1, 2013
Abbreviations.
AGRF: Accrued Guaranteed Revenue Fees
Board: 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: Florida Department of Environmental Protection
DRI: Development of Regional Impact
ERC: Equivalent Residential Connection
FAC: Florida Administrative Code
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
C. DEFI1vITIONS.
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.
Backflow Preventer: A device and/or method of construction, accepted
and approved by 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.
Connection Fee. The impact fee assessed by the District for the provision
of utility 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 District's planned and existing 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.
Communitv 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
District Uniform Extension Policy Page 14
January 1, 2013
disposal/reclaimed water reuse facilities, and sludge treatment and
disposal facilities pending connection to the District's Utility Facilities.
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.
Countv. A political subdivision of the State of Florida, known as St. Lucie
County, as governed by the Board of County Commissioners (Board).
Customer. A person or entity which is connected to and receiving utility
service from the District.
Customer, Bulk. A customer of the District which redistributes utility
services through its own utility facilities.
Customer, New. An applicant to receive utility service from the District.
Develoner. Property owner, or an agent of the property owner, of
proposed development.
Develonment. 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 produces water from a private
well and/or generates wastewater flow to On-Site Wastewater Treatment
Disposal System or a Private Wastewater Treatment Facility within the
Service Area.
Develonment, Pronosed. 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
Chapter 153, Part II, Florida Statutes utility district.
District Boazd. The St. Lucie County Board of County Commissioners
sitting as the Governing Board of the St. Lucie County Water and
Wastewater Utility District.
District Standard Develonment A~reement. The Standard Development
Agreement, as adopted and amended from time to time by the Boazd,
District Uniform Extension Policy Page 15
January 1, 2013
setting forth specific requirements of a Developer in connection with a
reservation of capacity in the District Utility System.
District Utilitv 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.
Eauivalent Residential Connection. A unit of Potable Water, Reclaimed
Water, or Wastewater capacity 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 Disuosal Facilities. On-Site Wastewater
Disposal Facilities that provide Wastewater services to a single housing
unit.
Individual On-Site Water Sunnlv Facilitv. A water well serving a single
housing unit.
Industrial Wastewater. The liquid and water-carried waste from
industrial facilities, commercial buildings and institutions which requires
pre-treatment prior to contributing to or permitted to enter any wastewater
facilities.
Line Extension. Any utility conveyance system improvements needed to
provide service to an existing or proposed development.
Low Pressure Sewer Facilities. See Wastewater Facilities, Low Pressure.
Off-Site Facilities. Utility facilities that are located between the
Developer's or Customer's property boundaries and any and all Point Of
Connections.
On-Site Facilities. Utility facilities that are located within Developer's or
Customer's property boundaries.
On-Site Wastewater Disnosal 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
minimum size of facilities needed by the Development for which the
facilities were initially installed to provide service.
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January l, 2013
Oversizin~. Constructing utility facilities to provide capacity for existing
and/or future developmentswhich are sized beyond the minimum size of
facilities needed by the Development for which the facilities were initially
installed to provide service.
Point of Connection ("POC"l. A point of entry into the District's Utility
Facilities, as designated by the District to the customer; the point at which
the customer 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 Potable
Water and fire flow.
Potable Water Facilities, Common. Potable water supply facilities
supplied from an on-site well with more than one connection serving more
than one dwelling unit. Common potable water supply facilities shall meet
State requirements for a private water supply.
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
District's transmission system to individual customers, as designated by
the District Utility Director.
Potable Water Facilities. Municival. Public Potable Water Facilities
which are provided by a City, County, or other governmental agency
which meet State requirements for a public water supply.
Potable Water Facilities. Private. Potable Water Facilities that are not
Municipal Potable Water Facilities.
Potable Water Facilities. Sunnlv. 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.
Potable Water Facilities. Transmission. Those pipes, fire hydrants, valves,
fittings, and appurtenances, sized in accordance with District design
criteria and construction standards, used to convey Potable Water from
Potable Water Supply facilities to Potable Water Distribution Facilities.
The District Utility Director will determine which facilities are part of the
Potable Water Transmission Facilities and which are part of the Potable
Water Distribution Facilities.
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January 1, 2013
Pronertv 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 parcel of land, and who can bind the title holder of record to all
legal obligations related to utility services to the parcel of land.
Rate Tariff. The schedule of rates, fees and charges for utility service
established b the District Board and amended from time to time.
Reclaimed Water. Domestic wastewater that has received at least
secondary treatment, as defined by FDEP, and treatment as required by
policy of the Sanitary Sewer Element of the St. Lucie County
Comprehensive Plan, and is reused after flowing out of a wastewater
treatment facility. Reclaimed water shall also include other irrigation
quality water.
Reclaimed Water Facilities. All facilities required for the storage,
transmission, and distribution of reclaimed water. These facilities will
also include treatement facilities as needed to treat secondary effluent
standards to Reclaimed Water standards.
Reclaimed Water Facilities. Distribution. Those pipes, valves, fittings,
service connections, and appurtenances, sized in accordance with District
utility design criteria and construction standards, used to convey reclaimed
water from Reclaimed Water Transmission to an individual Customer, as
designated by the District Utility Director.
Reclaimed Water Service Connection. The reclaimed water connection
from a reclaimed water distribution facility to the POC for a customer.
For a residential customer, this point of delivery is the downstream side of
the meter at the customer's property line. For a non-residential customer,
the actual point of delivery may be at a 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 an irrigation
purpose.
SDA. The Standard Development Agreement, as adopted and amended
from time to time by the District, setting forth specific requirements of a
Developer in connection with a reservation of capacity in the Utility
System.
Service Area. The parcel(s) of land to which the District is legally entitled
to provide utility services.
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January 1, 2013
Service Availabilitv (Availabilitv of Servicel. The results of determining,
through engineering analysis and of cost and operational feasibility
studies, if utility service is available for existing development or proposed
development.
Service Lines. The smaller diameter pipes that branch from larger
diameter pipes in the Potable Water Distribution System, Reclaimed
Water Distribution System or Wastewater Collection System to a
Customer's Potable Water meter, Reclaimed Water meter, or wastewater
cleanout on the Customer's property line thereby providing a point of
delivery of Potable Water or Reclaimed Water to a Cusomer or point of
collection of Wastewater from a Customer.
Sewa~e. Domestic or Sanitarv. See Wastewater, Domestic or Sanitary.
Surchar~e. A pass-through cost shall be added to all charges for services
provided to those customers receiving Water, Wastewater and Reclaimed
Water service from the District that reside within a city.
Utilitv. 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 utility
transportation systems, stormwater management systems, wastewater
treatment and disposal systems, etc. In the UEP 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.
Utilitv Facilities. All the facilities controlled by a Utility required to
provide customers with potable water, reclaimed water, andlor wastewater
products and/or services.
Utilitv Facilities, Private. Utility facilities for which the construction or
operating permits are issued to other than a county or municipality.
Utilitv Facilities, Public. Utility facilities for which the construction or
operating permits aze issued to a county or municipality.
Utilitv Service. The act of providing to a customer for its use Potable
Water and/or Reclaimed Water, and/or providing for the removal of
Wastewater from 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.
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January 1, 2013
Wastewater. Domestic or Sanitarv. 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 secondary effluent standards as defined by
FDEP, 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 aze issued to other than a county or
municipality.
Wastewater Facilities. Public. Wastewater facilities for which the
construction or operating permits are issued to a county or municipality.
Wastewater Facilities. Pumn (Liftl 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
customer'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 biosolids including, but not limited to clarifiers,
aerators, digesters, filters, storage tanks, percolation-evaporation ponds,
spray irrigation fields, direct discharge pipes, injection wells, etc.
District Uniform Extension Policy Page 20
January 1, 2013
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 potable water system as defined by applicable environmental
regulation.
SECTION 7- CAPACITY ASSESSMENT UNIT PROGRAM
A. PROPOSED DEVELOPMENT
Property Owners 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 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 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 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
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 ineasurement to be applied against each parcel to determine the
assessment;
(4) the number of units contained within each parcel;
District Uniform Extension Policy Page 21
January l, 2013
(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.
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 County Clerk and the same shall constitute a lien against the assessed
property. The County Clerk shall notify each Property Owner of the lien.
District Uniform Extension Policy Page 22
January l, 2013
The payment period for special assessments shall be 10 to 20 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 ta~{
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 County Clerk.
B. EXISTING DEVELOPED AREAS
Property Owners in existing developed areas desiring Potable Water, Reclaimed
Water or Wastewater 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 Potable Water, Wastewater and/or Reclaimed Water 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 may endeavor to obtain the required right-of-way
and/or easements to accommodate the proposed improvements. The District may verify
signatures on the petition forms with information in the public records.
District Uniform Extension Policy Page 23
January 1, 2013
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
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;
District Uniform Extension Policy Page 24
January 1, 2013
(3) the unit of ineasurement 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;
(8) a statement that failure to pay the assessment will cause a ta~~ 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.
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 County Clerk and the same shall constitute a lien against the assessed
property. The County 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.
The payment period for special assessments shall be 10 to 15 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 Boazd from time to time,
District Uniform Extension Policy Page 25
January l, 2013
from the date of notification by the County 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 County Clerk.
SECTION 8- DEFERRED PAYMENT PLAN SERVICE INITIATION FEES
Property Owners desiring to convert existing wells and/or septic tanks to the District
Potable Water and/or Wastewater facilities and/or connect existing developments to the
District's Reclaimed Water Distribution System, may make application for a Defened
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 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 - 5 years
• Multiple services concurrently requested, including potable water, wastewater, or
reclaimed water - 5 years
• Wastewater services - 5 years
The Service Initiation Fees (AGRF, Connection Fees, Service Agreement Fee, lateral
costs, etc.) may be paid in 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'/2% per annum, or such other interest rate as determined by the District Boazd 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 may discontinue Potable Water,
Reclaimed Water, and Wastewater service to the property benefiting from the Plan if any
portion of the monthly utility bill, including Deferred Payment Fees, is not paid when due
as provided in the USP.
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, subject to District approval:
District Uniforrn Extension Policy Page 26
January l, 2013
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 of the District shall govern the quality of
facilities 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 approved by both purveyors. The Property Owner shall be responsible
for all applicable engineering, surveying, plan review and inspection fees.
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 facilities 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 temporary service provider and connect to the District.
SECTION 10 - ON-SITE RECLAIMED WATER REOUIREMENT
The District requires the use of Reclaimed Water for new development and strongly
recommends Reclaimed Water service for existing utility customers that do not currently
utilize Reclaimed Water service. Reclaimed Water service promotes water conservation
and avoids the use of potable water for irrigation purposes. Reclaimed Water currently is
not available for single family homes.
Mandatorv Use of Reclaimed Water:
The use of Reclaimed Water for irrigation is mandatory for all new development. The
Property Owner of new development shall design and construct an on-site reclaimed
District Uniforrn Extension Policy Page 27
January 1, 2013
water irrigation system as set forth in the UPAP, and pursuant to a Standard Reclaimed
Water Development Agreement ("SRWDA"). Such design shall be based upon the
delivery by the District of Reclaimed Water 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 wet-weather 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 Reclaimed Water equal to eighty
percent (80%) of the volume of Wastewater 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 development 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 Reclaimed
Water has commenced.
2. Commitment to Provide Reclaimed Water:
The District shall use its best efforts to obtain a supply of Reclaimed Water to provide for
the Reclaimed Water demands of each Property, provided, however, that the District
makes no representation or guarantee that adequate supplies of Reclaimed Water will be
available to any given Property at any given time, and further provided such efforts aze
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 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 Svstem Reauirements:
a. Property Owner Facilities. The Property Owner will install and maintain an
underground Reclaimed Water irrigation system of low-trajectory spray heads that is
District Uniforrn Extension Policy Page 28
January 1, 2013
controlled by electrical timers and valves and rain gauges. 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 Reclaimed Water 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 Reclaimed Water system. All Reclaimed
Water 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 Reclaimed Water irrigation systems: UEP,
District's Construction Standards as amended from time to time, Rule 62-610,
Florida Administrative Code, as amended from time to time, FDEP 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 FDEP
rules and regulations shall be posted throughout the Reclaimed Water irrigation
system to inform the public that nonpotable Reclaimed Water 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 Imgation 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. Cross Connection. Property Owners utilizing Reclaimed Water shall not
directly or indirectly connect their Reclaimed Water system to their Potable Water
System.
e. Compliance. Failure to comply with the Reclaimed Water System
Requirements and all FDEP reclaimed water rules and regulations shall be grounds
for the District to discontinue Water, Wastewater and Reclaimed Water service to
the Property, until the Property Owner comes into compliance. Property Owners
that do not use the minimum volume of Reclaimed Water during a monthly billing
cycle may be assessed the minimum charge for each thousand gallons of Reclaimed
Water use below the minimum as provided in the USP.
District Uniforrtt Extension Policy Page 29
January 1, 2013
[remainder of page intentionally left blank]
UNIFORM EXTENSION POLICY
APPROVED AND ADOPTED
EXHIBITS AND STANDARD FORMS
(as may be amended from Nme to time)
District Uniform Extension Policy Page 30
January 1, 2013
DEVELOPMENT AGREEMENT DOCUMENTS
EXHIBIT "A" Tracking Sheet and Availability Status Letter
EXHIBIT "B" Instructions for Standard Potable Water, 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 Water, Wastewater and Reclaimed Water Development
Agreement
EXHIBIT "G" Standard Reclaimed Water Development Agreement
EXHIBIT "H" Assignment and Acknowledgement of Operation and Maintenance for
On-site Reclaimed Water Irrigation System
EXHIBIT "I" Acknowledgement and Assignment of Reserved (Excludes Pre-Paid
Connections) Equivalent Residential Connections and Corresponding Terms
of the Standard Development Agreement
EXHIBIT "J" Acknowledgement and Assignment of Pre-Paid Connections and
Corresponding Terms of the Standard Water, Wastewater and Reclaimed
Water Development Agreement
EXHIBIT "K" Notice of Termination and Partial Release of Standard (Potable Water,
Wastewater and Reclaimed Water) Development Agreement Due to Non-
Renewal
EXHIBIT "L" Amendment to Standard (Potable Water, Wastewater and Reclaimed Water)
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
EXHIBIT "M" Termination and Release of Standard (Potable Water, Wastewater and
Reclaimed Water) Development Due to Zoning Denial/Withdrawal
EXHIBIT "N" Project Close Out Documents
EXHIBIT "O" Bill of Sale
EXHIBIT "P" Attachment to Bill of Sale
District Uniform Extension Policy Page 31
January 1, 2013
EXHIBIT "Q" Property Owner's No Lien Affidavit
EXHIBIT "R" Instructions and Minimum Requirements for Preparing Easement
Documents, Legal Descriptions and Sketches
EXHIBIT "S" Utility Easements and Consent and Joinder of Mortgagee
EXHIBIT "T" Instructions for Indemnity Agreement
EXHIBIT "U" Indemnity Agreement
EXHIBIT "V" Claim of Lien for Utility Service
EXHIBIT "W" Public Water Supply Wellsite Easement
EXHIBIT "X" Standard Potable Water and Wastewater Renewal Agreement
EXHIBIT "Y" Standard Reclaimed Water Renewal Agreement
[Remainder of page intentionally left blank)
District Uniform Extension Policy Page 32
January 1, 2013
EXHIBIT "A"
St. Lucie Countv Utilities Proiect Tracking Document
Annlication for New Service/Sin~le Familv/Multi Familv/Commercial
Please complete this form and supply all applicable requested information:
Project Name
(Please contact SLCU should the name of the project change prior to completion of the project)
Location (physical address)
Plat
Title Holder of Property:
Lot Block
Twe of usa~e:
Single Family: Water_ Sewer_ Reuse_ Potable water irrigation_ Number of Lots_ Common azeas
Multi Family: Water_ Sewer_ Reuse_ Potable water irrigation_ Number of Lots_ Common areas
Commercial: Water_ Sewer_ Reuse_ Potable water irrigation_ Number of Lots_ Common azeas_
Type of Commercial establishment:
Will this project be completed in phases? NO YES If YES, Number of Phases
Phase 1 No. Units Date service required: Water Sewer irrigation
Phase 2 No. Units Date service required: Water Sewer irrigation
Phase 3 No. Units Date service required: Water Sewer irrigation
Phase 4 No. Units_ Date service required: Water Sewer irrigation
Proiect contact information:
Name:
E-mail address:
Title:
Company: Phone: Fa~c
Address:
Submit to St. Lucie County Utilities, 2300 Virginia Avenue, Fort Pierce, FL 34982 along with the following:
$295.00 Processing Fee, Legal Description of Property, Four (4) sets of proposed utility plans identifying all
onsite and offsite water/sewedreuse utility infrastructure, Engineer's certified construction cost estimate and
Project Location Map
Imgation Desi~tt- Plan and Report
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 will be required from the Property Owner prior to the preparation of an
District Uniform Extension Policy Page 33
January 1, 2013
agreement from St. Lucie County Utilities to provide the requested utility service.
EXHIBIT "A" CON i udUED
VTILITY SERVICE AVAILABILII'Y STATUS LETTER (example)
You have requested the St. Lucie County Water and Wastewater Utility District (the "District"),
to provide you a utility service availability status letter regarding the District's water and
wastewater utility system. You own or control property as generally described on Attachment A
to this letter (the "Properly"). Your Property lies within the areas of St. Lucie County that may be
served by the District. Please note that the provision and availability of utility service by the
District is governed by the 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 District.
This utility service availability letter is intended to provide a non-binding generic statement of the
current status of utility service availability in the areas of St. Lucie County that may be served by
the District. [If applicable: The District currently has a Bulk Service Agreement with the Fort
Pierce Utility Authority (the "FPUA") to provide water supply and treatment and wastewater
treatment and disposal utility capacity to the District, 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 District that it currently has in excess of gallons per day of
water and wastewater capacity available in its utility system for new customers.]
The District 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 upon by you as a
representation from the District to you as to the availability of utility service to your Property. In
order to reserve capacity to serve your Property, you will need to execute a standard developer
agreement with the District 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 dces not bind the District to provide utility service to
your Property.
St. Lucie County Water and Wastewater Utility District
By:
Its: Utility Director, or designee
District Uniforrn Extension Policy Page 34
January 1, 2013
EXHIBIT "B"
INSTRUCTIONS FOR STANDARD POTABLE WATER, WASTEWATER, AND
RECLAIMED WATER DEVELOPMENTAGREEMENTS
After the completed Data Sheet is received by the District, the information reviewed, and ERCs
confirmed, a SDA will be provided to the Property Owner.
All of the following instructions must be accurately satisfied to allow the District to accept your
SDA for approval. The applicant does not have a service commitment until the SDA is approved
and executed by the District and all required fees and charges are paid by the applicant.
SUBMIT THREE (3) ORIGINAL REDLINES OF THE AGREEMENT, EACH W i i n
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 ~ nr;
CONTRACTING PARTY AGREES WITH ALL THE PROVISIONS OF i n~
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.,
SLINSHINE 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 as
submitted to the District 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.
District Uniform Extension Policy Page 35
January 1, 2013
8. Please make certain the Notary affixes their seal and indicates the expiration date of their
Commission.
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. Two (2) copies 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, two (2) copies of (a) and (b) of 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. Two (2) 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 (two copies).
5. The Mandatory Agreement Payment must accompany the Agreement.
6. Two (2) copies 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
1. 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)
District Uniform Extension Policy Page 36
January 1, 2013
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.
] 0. Cross out any inapplicable (anguage in notary acknowledgment.
EXHIBIT "B" cont.
PLEASE CALL TO MAKE AN APPOINTMENT OR RETURN COMPLETED
PACKAGE TO:
ST. LUCIE COUNTY WATER AND WASTEWATER UTILITY DISTRICT
UTILITY DIItECTOR
2300 Virginia Avenue
Fort Pierce, FL 34982
(772)462-1175
District Uniform Extension Policy Page 37
January 1, 2013
EXHIBIT "C"
DATA SHEET FOR ERC/ERIC DETERMINATION
Project Name:
Developer:
Owner's Name (Must be exactly as on recorded warranty deed):
(Must submit a copy of recorded warranty deed)
Owner's Mailing Address:
Developer's Mailing Address:
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 APPROXIMATE BUILDING AREAS
AND FEATURES.
The above project is: Non-Residential Residential Mixed Use
Type of service: Potable Water Wastewater Reclaimed Water
I. If Non-Residential: Total square footage is
Below, please ch eck 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
Nursing Home # of beds Sq. footage Meter size
Office Building Sq. footage Meter size
Food Service Sq. footage Meter size
District Uniform Extension Policy Page 38
January 1, 2013
(i.e., bars, restaurants, etc.)
Boarding School Sq. footage Meter size
Day School Sq. footage Meter size.
Factonr Sy. footage. Meter size
(process water requirements)
General Commercial Sq. footage Meter size
Movie TheatedAuditorium Sq. footage Meter size
Religious Institution Sq. footage Meter size
Warehouse Sq. footage Meter size
(mini-warehouse, dead storage)
Warehouse Sq. footage Meter size
(bulk inventory, supply)
Warehouse Sq. footage Meter size
(office-commercial, subdivision)
Other Sq.footage Meter size
II. If Residential:
1. Number of dwelling units:
individual or master meters: Sizes of ineter(s):
2. Clubhouse: Yes No Size of ineter:
If more than 1, how many?
3. Restaurant (banquet hall) Sq. footage
4. Guardhouse: Yes No Size of ineter:
If more than 1, how many?
5. Restroom facilities: Yes No Size of ineter:
If more than 1, how many?
III. If Reclaimed Water or Commercial Irrigation Meter:
1. Landscaping and Watering Plans
IV. Ot6er uses or comments:
yy .~ ~'c~., .R
~R~~ u ~~~ ~ ~ _:
. . ~S ` b, u'? ~ i~~ s ~-'~..i3Arc ~' ~~ ' ^R-
I. , the undersigned. (Title) of
(Developer/Owner/Agent)
hereby affirm the truth to the above statement and calculations to the best of my knowledge.
Signed: Date:
Address: Phone:
~ ~~, ,,:g ~ ~ . _ ~
; ~: ~~„
ERC Calculation by the District:_
By: Date:
ERCs Area # or GI
District Uniforrn Extension Policy
January 1, 2013
Page 39
EXHIBIT "D"
CORPORATE RESOLUTION
The undersigned ~
OFFICER'S NAME
as of , a
TITLE OF OFFICER CORPORATION NAME
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
Water, Wastewater and Reclaimed Water 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 the St. Lucie County Water and
Wastewater Utility District.
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)
By:
Signature
Corporate Title
District Uniform Extension Policy
January 1, 2013
Page 40
Typed or Printed Name
District Uniform Extension Policy Page 41
January l, 2013
EXHIBIT "E"
CONSENT AND JOINDER OF MORTGAGEE/LIENHOLDER
, a Corporation,
existing under the laws of the State of 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 Reclaimed Water=Agreement
between St. Lucie County Water and Wastewater Utility District and
, for the provision of potable water, wastewater, and reclaimed water service to the
property described in Exhibit "A" to the Agreement (the "SDA")_and further consents to and
joins in the granting of utility easements to the St. Lucie County Water and Wastewater Utility
District as provided for in the aforesaid SDA with St. Lucie County Water and Wastewater Utility
District.
. as mortgagee aforesaid, consents to the recording,
in the Public Records of St Lucie County, Florida3 of the SDA.
IN WIT'NESS WHEREOF, the undersigned has executed this instrument on this day of ,
, 20
WITNESSES:
a
Print Name:
Print Name:
authorized to do
business in the State of Florida.
By:
Its.
Typed or Printed Name
District Uniform Extension Po(icy Page 42
January 1, 2013
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20
by , of a
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 Uniform Extension Policy Page 43
January 1, 2013
EXHIBIT "F"
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
STANDARD POTABLE WATER, WASTEWATER AND RECLAIMED WATER
DEVELOPMENT AGREEMENT (SDA)
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 [ADD ENTITY DATA], hereinafter refened to as "Property
Owner".
WITNESSETH
WHEREAS, 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
refened to as "Property", whereupon Property Owner has or is about to develop the Property by
erecting thereon residential and/or non-residential improvements and desires to secure the
provision of water, wastewater and/or reclaimed water utility service to the Property; and
WHEREAS, Property Owner acknowledges that execution of this Agreement by Utility
does not confer nor grant any land use, zoning or site plan approvals for the Property, nor does it
assure or guarantee Property Owner that Property Owner has or will be able to obtain land use,
zoning or site plan approvals for or be able to construct on the Property the number of ERCs 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 undertalcings
and agreements herein contained and assumed, Property Owner and Utility hereby covenant and
agree as follows:
L The foregoing statements are true and correct.
2. 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.
District Uniform Extension Policy Page 44
January 1, 2013
(c) "UPAP" - the Utility Extension Policy, Utility Service Policy, the Utility Rate Taziff,
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 and
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;
( fl"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 Residential Irrigation Connection (ERIC)" - a system capacity equivalency
unit which corresponds to the peak demand for reclaimed water irrigation use by a
single-family residential user. This system capacity equivalency unit is utilized to
establish the system demand for various sized connections for the purpose of assessing
fees
(h) "Setvice 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 a
portion of the fixed operating and renewal and replacement expenses necessary to
maintain excess system capacity for future use.
(j) "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.
(k) "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.
(m) "Utility Facilities" - water, wastewater and reclaimed water facilities, including, but not
limited to, mains, pipes, lines, pump stations, lift stations, hydrants, laterals, meters,
valves, storage tanks, meter boxes, telemetry equipment, wells, signs, and SCADA
systems, whether above ground, below ground or at grade level.
3. Property Owner hereby acknowledges that pursuant to Chapter 153, Part II, Florida Statutes,
Utility has exclusive right and privilege to construct, own, maintain, operate, replace, add to
and expand the Utility'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 attempt
to ascertain easement locations; however, should Utility install any of its Utility Facilities
District Uniform Extension Policy Page 45
January 1, 2013
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 acknowledges that
the foregoing grants include the necessary rights of ingress and egress to any part of the
Property which Utility requests for the maintenance, operation, repair, replacement, addition
to or expansion of the Utility Facilities; that in the event Utility is required or desires to install
any of its Utility 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 unreasonably 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, patios 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 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 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 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 to Utility for 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:
Pursuant to Chapter 153, Part II, Florida Statutes, 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
District Uniform Extension Policy Page 46
January 1, 2013
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 eighty percent (80%) 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 Utility equal to eighty percent (80%) of 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 any plats of the Property 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 Utility Facilities
necessary to serve the Property, Utility covenants and agrees that it will allow the connection
of the Utility Facilities installed by Property Owner to the Utility Facilities 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 State, 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.
Property Owner is required to pay the TAA in order to support Utility's investment in utility
facilities, as well as the fixed costs of maintaining such facilities and the unused capacity for
the ben~t of Property Owner as provided in the UPAP. The initial and continuing payment
of TAAs is an essential component of the consideration to Utility for providing utility
service to the Property. Property Owner agrees and acknowledges that the TAA is not an
impact fee.
6. The Term of this Agreement is five (5) years. 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 ERCs and
ERICs for Property Owner during the Term of the Agreement. Property Owner may
extend the Term of this Agreement for additional five (5) year terms, by execution of a Term
Extension Agreement to be recorded against the Property, payment of a TAA meeting the
then current requirements of the UPAP, curing any then existing defaults by Property Owner
under the then existing Agreement, and payment of any additional fees required under
UPAP. This Agreement shall terminate automatically at the end of a Term, if not extended
in accordance with the UPAP, and Property Owner agrees that Utility may record a
termination of this Agreement in the event Property Owner has not renewed the Agreement.
The termination shall extinguish all duties and obligations of Utility to property Owner
under this Agreement, including but not limited to the reservation of capacity or obligation
to provide utility service to any ERCs and ERICs not connected to the Utility facilities at the
District Uniform Extension Policy Page 47
January 1, 2013
time of termination, but shall not affect utility service to any customers who have connected
to the Utility facilities and established a customer agreement with Utility as of the date of
termination of this Agreement, whose utility service shall be governed by the USP. The
duties, obligations and acknowledgements of Property Owner as set forth in Paragraphs 3, 5,
7, 8, 9, 10, 13, 14 and 16 of this Agreement shall survive termination of this Agreement.
7. Property Owner will construct up to the Point of Service to Utility, at no cost to Utility, 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 Utility Facilities as
determined necessary by District to be constructed by Property Owner to connect Property
Owner's on-site Utility Facilities to Utility's Utility Facilities (all such on-site and off-site
facilities referred to in this paragraph collectively as "Property Owner Facilities"). Upon
compliance of said Property Owner Utility Facilities with the requirements of this
Agreement and the UPAP for turnover of facilities, Utility agrees to accept ownership of the
Property Owner Facilities for operation. Property Owner shall cause to be prepared
engineering plans and specifications prepared by 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 facility and sizing requirements as mandated by the
UPAP. Such detailed plans may be limited to a phase of the Property, and subsequent
phases rnay 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 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. No connections of ERCs or ERICs will be allowed until
Property Owner has complied with the requirements of this Section.
The Property Owner shall also be required to pay the fees on Exhibit B to this Agreement.
During the construction of the Property Utility Facilities , Utility may from time to time
inspect such installations to determine compliance with the plans and specifications,
adequacy of the quality of the installation, and further, shall be entitled to direct the Property
Owner, at the Property Owner's expense, 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. Property Owner shall be required to re-install any
Property Owner Facilities which do not meet the requirements of the UPAP or approved
plans and specifications.
Property Owner hereby agrees to transfer or cause the transfer to Utility title to all Property
Owner Facilities at no cost to Utility. Such conveyance is to take effect without further
District Uniform Extension Policy Page 48
January 1, 2013
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 provided in the UEP the complete Property Owner Facilities as 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
Utility 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 Utility 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
easement); and
•$50,000.00 for a Utility-owned pump stations,_wastewater lift station or other non-line
facilities (if not constructed within an existing utility easement).
Said title policy shall confirm the grantor's rights to convey such easements or rights-of-
way, and further, evidencing Utility's right to the continuous enjoyment of such easements or
rights-of-way for those purposes set forth in this Agreement. Utility's acceptance of the
Property Owner Facilities installed by Property Owner shall be in accordance with the
provisions as set forth in the UPAP, provided acceptance by Utility shall not relieve Property
Owner from its obligations under this Agreement. All installations by Property Owner or its
contractor shall be warranted for one (1) year (or five (5) years in the case of lift station
pumps and motor assemblies) from date of final acceptance by the District of the last
component of the Utility Facilities to be installed. Mortgagees holding liens on such
properties shall be required to release such liens, subordinate their position, or join in the
granting of the easements or rights-of-way. All Property Owner Facilities shall be located
within an easement if not located within platted or dedicated rights-of-way.
The timely and continued 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 Utility Facilities dces 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 Utility 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/I,ienholder 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, or else Utility may terminate this Agreement.
9. Property Owner acknowledges with Utility that all Utility 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,
District Uniform Extension Policy Page 49
January 1, 2013
and no entity owning any part of the Property or any residence or building constructed or
located thereon, will have any right, title, claim or interest in and to such facilities, or any
part of them, for any purpose.
] 0. Notwithstanding any provision in this Agreement, pursuant to Chapter 153, Part II, Florida
Statutes, Uti(ity may establish, revise, modify and enforce rules, regulations and fees
covering the provision of potable water, wastewater and reclaimed water service to the
Property. 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 potable water, wastewater and 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.
11. Property Owner or its assignee shall not have the right to and shall not connect any Property
Owner Facilities or ERCs or ERICs to the Utility Facilities 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, upon any other entity holding by,
through or under Property Owner, and upon any Customer of the potable water, wastewater
and reclaimed water service provided to the Property.
12. This Agreement runs with the land and is unique to the Property. This Agreement may not
be assigned without the prior written consent of Utility, and may only be assigned to a
successor in interest of Property Owner to the Property. As a consequence of the unique
nature of providing for utility service to the Property, no part of this Agreement may be
assigned separately from the whole of the Agreement. Notwithstanding the above, Utility
may permit Property Owner to allocate the ERCs or ERICs to particular parcels or units on
the Property on forms set forth in the UPAP.
13. 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:
W ith a copy to:
and if to Utility, shall be mailed to Utility at:
St. Lucie County Water and Wastewater Utility District
Utility Director
2300 Virginia Ave., Annex
Fort Pierce, Florida 34982
With a copy to:
District Uniform Extension Policy Page 50
January 1, 2013
St. Lucie County Attorney
2300 V irginia Avenue
Fort Pierce, Florida 34982
14. During the Term of this Agreement, the rights, privileges, obligations and covenants of
Property Owner and Utility shall not be terminated by the turnover of any portion of the
Property Owner Facilities to Utility with respect to Property Owner completing the
remaining portions of the Property Owner 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
Ex6ibit "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. Property Owner
acknowledges that staff and employees of Utility have no authority to bind Utility or agree to
any add'rtions, alterations or variations of terms of this Agreement or the UPAP, which can
oniy be added to, altered or varied by the St. Lucie County Commission sitting as the
District governing 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 shall lie in St. Lucie County, Florida.
16. Special Conditions:
a. Utility shall attempt to provide water, wastewater or reclaimed water capacity for the
Property by , 20 , 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 majeure 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, special 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. [Optional Provision] Utility does not currently have any reclaimed water capacity
available for service to the Property. Until such time as Utility is able to provide reclaimed
water capacity to the Property, Property owner may secure an alternative irrigation source for
the Property. At such time as Utility has reclaimed water sufficient to serve the Property,
Utility shall provide Property Owner written notice of such availability, and within ninety
(90) days thereafter, Property Owner shall connect to Utility's reclaimed water facilities and
discontinue utilizing the alternative irrigation water source to the extent of the reclaimed
water capacity provided by Utility.
c. [Optional Provision]
District Uniform Extension Policy Page 51
January 1, 2013
(i) As a substitute for Property Owner's payment of Connection Fees and the TAA due upon
execution of this Agreement, and/or construction of Property Owner's Utility Facilities
obligation, Property Owner requests Utility 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 ta~c 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. Property Owner acknowledges and agrees that
the Capital Project Assessment may be increased to reflect the actual cost of the Capital
Project if in excess of the estimated cost.
(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
ninety (90) days of execution of this Agreement, then Utility shall not lery 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, or terminating this
Agreement. 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 subsection a. above,
District Uniform Extension Policy Page 52
January 1, 2013
shall be extended by such additional time that it may take for Property Owner to pay the
Estimated Assessment Amount to Utility.
(d) [Optional Provision]
(i) As a substitute for Property Owner's cash payment of Connection Fees and TAA due
upon execution of this Agreement, Property Owner request to enter into the following term
cash payment program.
(ii) Property Owner has provided Utility the schedule set forth below of its best estimate of
the number of ERCs 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 Facilities necessary to provide service to the Property based upon the receipt of the
required Connection Fees, TAA and financing charges when these ERCs connect to the
Utility System. To guarantee to Utility that the ERCs 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 acceptable to Utility in the event that the minimum number
of connections of ERCs 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 ERCs do not occur:
Minimum Number
of ERCs
Total ERCs
Amount of Connection Date by Which Connection
Fees and TAA and Required
Financing Costs Due
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 ERCs 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
District Uniform Extension Policy Page 53
January 1, 2013
written notice from the issuer of the Letter of Credit no less than sixty (60) days prior to the
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. A default in the
receipt of payment shall be grounds for Utility to terminate the Agreement.
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 shal( 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 a non-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 ab(e to secure and close an LOC Financing within sixty
(60) days of execution of this Agreement, then PropeRy 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 Properly 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,
shatl 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 Uniform Extension Policy Page 54
January 1, 2013
IN WITNESS WHEREOF, Property Owner and Utility have executed or have caused this
Agreement, with the named E~ibits 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 WATER AND WASTEWATER UTILITY DISTRICT:
By:
County Administrator
Approved as to Form and Correctness:
County Attomey
WITNESSES: PROPERTY OWNER:
Print Name:
Print Name:
By:
Print Name:
Its:
District Uniform Extension Policy Page 55
January 1, 2013
STATE OF FLORIDA
COUNTY
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this _ day of
2~ by , on behalf of . 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, Wastewater and
Reclaimed Water Development Agreement.
WITNESSES: MORTGAGE HOLDER:
By:
Title:
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.
Signature of Notary
Typed, Printed, or Stamped Name of Notary Public
Serial Number
District Uniform Extension Policy Page 56
January 1, 2013
Exhibit "A"
PROPERTY DESCRIPTION
District Utility Extension Policy Page 57
January 1, 2013
Exhibit B
SCHEDULE OF FEES
CONNECTION CHARGES:
ERC's x $ -.00 per ERC
(*AMOUNT DUE UPON EXECUTION OF AGREEMENT)
GUARANTEED REVENUE FEES:
TAA ERC's x$ per ERC
(*AMOUNT DUE UPON EXECUTION OF AGREEMENT)
DOCUMENT RECORDING FEE: (_PAGES)
($ fvst page/$_ additional)
(*AMOUNT DUE UPON EXECUTION OF AGREEMENT)
PLAN REVIEW FEE: TBD
(*MINIMUM OF 2% CONSTRUCTION COSTS
DUE UPON EXECUTION OF AGREEMENT, WITH ACTUAL
ADDITIONAL COST PAYABLE PRIOR TO REGULATORY SIGN-OFF)
INSPECTION FEES: TBD
(*MINIMUM OF 1'/z% OF THE ENGINEER'S CERTIFIED
CONSTRUCTION COST ESTIMATE DUE UPON EXECUTION
OF AGREEMENT WITH ACTUAL ADDITIONAL
AMOUNT DUE PRIOR TO REGULATORY SIGN-OFF)
ADMINISTRATION FEE:
(*MINIMUM OF $ DUE UPON EXECUTION
OF AGREEMENT, WITH ACTUAL COST PAYABLE
PRIOR TO REGULATORY 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
RECLAIMED WASTER SECURITY DEPOSIT: TBD
(TO BE PAID PRIOR TO METER SET)
TOTAL DUE UPON EXECUTION OF AGREEMENT*
District Utility Extension Policy Page 58
January 1, 2013
Note: Fees may be adjusted from time to time based on current resolutions.
District Utility Extension Policy Page 59
January l, 2013
EXHIBIT "G"
Prepared by and Return to
St. Lucie County Water and Sewer Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
STANDARD RECLAIMED WATER DEVELOPMENT AGREEMENT (SRDA)
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, Property Owner owns property located in St. Lucie County, Florida, and as more fully
described in Ex~ibit "A", attached hereto and made a part hereof and hereinafter refened to as
"Property", whereupon Property Owner has developed the Property by erecting thereon residential and/or
non-residential improvements and desires to secure the provision of reclaimed water utility service for
discharge to one or more ponds located an the Property (the "Pond" or "Ponds"), as more fully described
in Exhibit "A"; and
WHEREAS, Property Owner acknowledges that execution of this Agreement by Utility does not
confer nor grant any land use, zoning or site plan approvals for the Property, nor does it assure or
guarantee Property Owner that Property Owner has or will be able to obtain land use, zoning or site plan
approvals for or be able to construct on the Property the number of ERC's for which Property Owner has
voluntarily elected to receive reclaimed water 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 agee as
follows:
The foregoing statements are true and conect.
2. 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) "UPAP" - collectively, the Utility Extension Policy, Utility Service Policy, the Utility Rate
Tariff 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.
(b) "Service" - the readiness and ability on the part of Utility to discharge non-pressurized reclaimed
water to ifie Pond(s);
District Utility Extension Policy Page 60
January 1, 2013
(c) "Point(s) of Service" - generally, the point on the discharge side of the reclaimed water meter(s)
where the reclaimed water discharges into the Pond(s) (or discharge into the pipes of the
Properly Owner in which discharge into the Ponds(s));
(d) "Equivalent Residential Inigation Connection (ERIC)" - a system capacity equivalency unit
which corresponds to the peak demand for reclaimed water irrigation use by a single-family
residential user. This system capacity equivalency unit is utilized to establish the system demand
for various sized connections for the purpose of assessing fees
(e) "Service Initiation" - the date a reclaimed water meter is set for the Property Owner;
( fl"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 a portion of the fixed operating
and renewal and replacement expenses necessary to maintain excess system capacity for future
use.
(g) "Total Accrued Amount (TAA)" - A TAA represents accrued Guaranteed Revenue Fees payable
at the time of execution of this Agreement for all ERCs reserved.
(h) "Utility Facilities" - reclaimed water facilities, including, but not limited to, mains, pipes, lines,
pump stations, laterals, meters, valves, storage tanks, meter boxes, telemetry equipment, welis,
signs, and SCADA systems, whether above ground, below ground or at grade level.
(i) "Irrigation System" - a network of pipes, pumping facilities, storage facilities, sprinkler heads,
Ponds(s), and appurtenances on Property Owner's side of the Point of Service designed for
landscape irrigation purposes.
(j) "Reclaimed Water" - water that; (i) has received at least secondary treatment and high level
disinfections; (ii) that complies with al FDEP regulatory standards for reclaimed water used for
landscape irrigation purpose; and (iii) is reused after flowing out of a wastewater treatment facility
together with any supplemental water that may be permitted by FDEP to be blended with the
reclaimed water.
3. Property Owner hereby acknowledges that pursuant to Chapter 153, Part II, Florida Statutes, Utility
has exclusive right and privilege to construct, own, maintain, operate, replace, replace, add to and
expand the Utility'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 will attempt to ascertain easement
locations; however, should Utility install any of its Utility 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 acknowledges that the foregoing grants include the necessary rights of ingress and
egress to any part of the Property which Utility requests for the maintenance, operation, repair,
replacement, addition to or expansion of the Utility Facilities; that in the event Utility is required or
desires to install any of its Utility 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
District Utility Extension Policy Page 61
January 1, 2013
installation; provided, all such installations by Utility shall be made in such a manner as not to
unreasonably 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, patios 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 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 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
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 to Utility for 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:
Pursuant to Chapter 153, Part Il, Florida Statutes, Utility, or its successors, has the sole
and exclusive right to provide 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 reclaimed water 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 (ocated 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 tl~ 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 Utility equal to eighty percent (80%) of 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
District Utility Extension Policy Page 62
January 1, 2013
the above restrictive covenant or its equivalent included in the general subdivision restrictions and
any plats of the Property 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 Utility Facilities necessary to
serve the Property, Utility covenants and agrees that it will allow the connection of the Utility
Facilities installed by Property Owner to the Utility Facilities 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 State, 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.
Property Owner is required to pay the TAA in order to support Utility's investment in utility
facilities, as well as the fixed costs of maintaining such facilities and the unused capacity for the
benefit of Property Owner as provided in the UPAP. The initial and continuing payment of TAAs is
an essential component of the consideration to Utility for providing utility service to the Property.
Property Owner agrees and acknowledges that the TAA is not an impact fee.
6. The Term of this Agreement is five (5) years. 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 equivalent residential inigation connections ("ERICs") for
Property Owner during the Term of the Agreement. Property Owner may extend the Term of this
Agreement for additional five (5) year terms, by execution of a Term Extension Agreement to be
recorded against the Property, payment of a TAA meeting the then current requirements of the
UPAP, curing any then existing defaults by Property Owner under the then existing Agreement, and
payment of any additional fees required under UPAP. This Agreement shall terminate automatically
if not extended in accordance with the UPAP, and Property Owner agrees that Utility may record a
termination of this Agreement in the event Property Owner has not renewed the Agreement. The
termination shall extinguish all duties and obligations of Utility to Property Owner under this
Agreement, including but not limited to the reservation of capacity or obligation to provide utility
service to any ERICs not connected to the Utility facilities at the time of termination, but shall not
affect utility service to any customers who have connected to the Utility facilities and established a
customer agreement with Utility as of the date of termination of this Agreement, whose utility
service shall be governed by the USP. The duties, obligations and acknowledgements of Property
Owner as set forth in Paragraphs 3, 5, 7, 8, 9, 10, 13, 14 and 16 of this Agreement shall survive
termination of this Agreement.
7. Property Owner will construct up to the Point of Service to Utility, at no cost to Utility, the on-site
reclaimed water distribution systems up to Property Owners reclaimed water storage facilities (not
including on-site reclaimed water distribution facilities on the consumer side of the discharge to the
reclaimed water storage facilities) refened to herein and such off-site Utility Facilities as determined
necessary by District to be constructed by Property Owner to connect Property Owner's on-site
Utility Facilities to Utility's Utility Facilities (all such on-site and off-site facilities referred to in this
paragraph collectively as "Property Owner Facilities"). Upon compliance of said Property Owner
Utility Facilities with the requirements of this Agreement and the UPAP for turnover of facilities,
Utility agrees to accept ownership of the Property Owner Facilities for operation. Property Owner
shall cause to be prepared engineering plans and specifications prepared by and sealed by a
professional engineer registered in the State of Florida, showing the Property Owner Facilities.
District Utility Extension Policy Page 63
January 1, 2013
Utility will advise Property Owner's engineer of any facility 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 fumished 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 concunent 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 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. No connections of ERCs or ERICs will be
allowed unti( Property Owner has complied with the requirements of this Section.
The Property Owner shall also be required to pay the fees on Exhibit B to this Agreement.
During the construction of the Property Owner Facilities, 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 norrnal 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 when utilized, shall be submitted to Utility upon completion of construction.
Property Owner shall be required to re-install any Property Owner 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 no cost to Utility. Such conveyance is to take effect 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 provided in the UEP
the complete Property Owner Facilities as 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 Utility 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
Utility 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
easement); and
•$50,000.00 for a Utility-owned pump stations, wastewater lift station or other non-line
facilities (if not constructed within an existing utility easement).
Said title policy shall confirm the grantor's rights to convey such easements or rights-of-way, and
further, evidencing Utility's right to the continuous enjoyment of such easements or rights-of-way
for those putposes set forth in this Agreement. Utility's acceptance of the-Property Owner installed
by Property Owner shall be in accordance with the provisions as set forth in the UPAP, provided
acceptance by Utility shall not relieve Property Owner from its obligations under this Agreement.
District Utility Extension Policy Page 64
January 1, 2013
All installations by Property Owner or its contractor shall be warranted for one (1) year (or five (5)
years in the case of pump station pumps and motor assemblies} from date of Final acceptance by the
District of the last component of the Utility Facilities to be installed. Mortgagees holding liens on
such properties shall be required to release such liens, subordinate their position, or join in the
granting of the easements or rights-of-way. All Property Owner Facilities shall be located within an
easement if not located within platted or dedicated rights-of-way.
The timely and continued 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 Utility 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 Utility
Facilities transfened to or owned by Utility.
8. Upon submission of this Agreement, Property Owner, at his expense, agrees to furnish Utility with a
copy of the recorded Wananty 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 t6ere 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, or else Utility may terminate this Agreement.
9. Property Owner acknowledges with Utility that all Utility Facilities conveyed to Utility for 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 no entity owning any part of the Property or any
residence or building constructed or located thereon, will have any right, title, claim or interest in and
to such facilities, or any part of them, for any purpose.
10. Notwithstantiing any provision in this Agreement, pursuant to Chapter 153, Part II, Florida Statutes,
Utility may establish, revise, modify and enforce rules, regulations and fees covering the provision of
Potable water, wastewater and reclaimed water service to the Property. 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 ~-e 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 any Property Owner
Facilities or ERCs or ERICs to the Utility Facilities 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, upon any other entity holding by, through or under Property Owner, and
upon any Customer of the reclaimed water service provided to the Property.
12. This Agreement runs with the land and is unique to the PropeRy. This Agreement may not be
assigned without the prior written consent of Utility, and may only be assigned to a successor in
interest of Pmperty Owner to the Property. As a consequence of the unique nature of providing for
utility service to the Property, no part of this Agreement may be assigned separately from the whole
of the Agreement. Notwithstanding the above, Utility may permit Property Owner to allocate the
ERICs to particular parcels or units on the Property on forms set forth in the UPAP.
District Utility Extension Policy Page b5
January 1, 2013
13. 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, shali be mailed to Utility at:
St. Lucie County Water and Wastewater Utility District
Utility Director
2300 Virginia Ave., Annex
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
14. During the Term of this Agreement, the rights, privileges, obligations and covenants of Property
Owner and Utility shall not be terminated by the turnover of any portion of the Property Owner
Facilities to Utility with respect to Property Owner completing the remaining portions of the
Property Owner 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 Ezhibit "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.
Property Owner acknowledges that staffand employees of Utility have no authority to bind Utility or
agree to any additions, alterations or variations of terms of this Agreement or the UPAP, which can
only be added to, altered or varied by the St. Lucie County Commission sitting as the District
governing board. This Agreement shall be governed by the laws of the State of Florida and shall
become effedive upon execution by the parties hereto. The venue for actions arising out of this
Agreement shall lie in St. Lucie County, Florida.
16. Special Conditions:
a. Utility shall attempt to provide reclaimed water capacity for the Property by , 20 ,
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 majeure events and construction
schedules, the timing of provision of capacity to the Property is an estimate only and cannot be
District Utility Extension Policy Page 66
January 1, 2013
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, special 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.
District Utility Extension Policy Page 67
January 1, 2013
IN WITNESS WHEREOF, Property Owner and Utility have executed or have caused this
Agreement, with the named E~chibits 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 WATER AND WASTEWATER UTILITY DISTRICT:
By:
County Administrator
Approved as to Form and Correcmess:
County Attorney
WITNESSES:
Print Name:
PROPERTY OWNER:
Bv:
Print Name:
Print Name:
Its:
District Utility Extension Policy Page 68
January 1, 2013
STATE OF FLORIDA
COUNTY
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of , 20
by , on behalf of . 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 Reclaimed Water Development Agreement.
WITNESSES:
STATE OF FLORIDA
COUNTY
MORTGAGE HOLDER:
Bv:
Title:
Print Name:
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of , 20
by , of , on behalf of
. 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
District Utility Extension Policy Page 69
January 1, 2013
Exhibit "A"
PROPERTY DESCRIPTION
AND
POND(S) LOCATION
District Utility Extension Policy Page 70
lanuary 1, 2013
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 EXECUT[ON OF AGREEMENT)
DOCUMENT RECORDING FEE: (_ PAGES)
($ first page/$ additional)
(AMOUNT DUE UPON EXECUT[ON OF AGREEMENT)
PLAN REVIEW FEE: TBD
(MINIMUM OF 2% OF CONSTRUCTION COSTS
DUE UPON EXECUTION OF AGREEMENT, WITH ACTUAL
COST PAYABLE PRIOR TO REGULATORY SIGN-OFF)
INSPECTION FEES: TBD
(MINIMUM OF 1'/z % OF THE ENGINEER'S CERTIFIED
CONSTRUCTION COST ESTIMATE DUE UPON EXECUTION
OF AGREEMENT, WITH ACTUAL ADDITIONAL
AMOUNT DUE PRIOR TO REGULATORY SIGN-OFF)
ADMINISTRATION FEE:
(MINIMUM OF $ DUE UPON EXECUTION
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:
(TO BE PAID PRIOR TO METER SET FOR EACH USER)
TOTAL DUE UPON EXECUTION OF AGREEMENT: $
Note: Fees may be adjusted from time to time based on current resolutions.
TBD
District Utility Extension Policy Page 71
January 1, 2013
EXHIBIT ~~x~~
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
ASSIGNMENT AND ACKNOWLEDGMENT OF OPERATION AND MAINTENANCE
FOR ON-SITE RECLAIMED WATER IRRIGATION SYSTEM
THIS ASSIGNMENT AND ACKNOWLEDGMENT OF OPERATION AND
MAINTENANCE FOR ON-SITE RECLAIMED WATER II2RIGATION SYSTEM is made
and entered into this day of 20 , by and between
, ("Assignor") and
,("Assignee"), pursuant to that certain Standard Reclaimed
Water Development Agreement by and between Assignor and St. Lucie County Water and
Wastewater Utility District ("District"), dated ("SRDA").
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 Property,~and
Assignee hereby acknowledges and accepts the assignment of and_responsibility for the operation
and maintenance of said system as required under the SRDA and the District's Utility Policies
and Procedures.
This Assignment and Acknowledgment is applicable to the property as set forth in Exhibit A to
the SRDA ("Property") and as more fully described on Exhibit A attached hereto.
ASSIGNOR EXECUTION:
WITNESSES: ASSIGNOR:
Print Name:
Bv:
Print Name:
District Utility Extension Policy
January 1, 2013
Print Name
Its:
~
Page 72
NOTARY CERTIFICATE
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me, this day of
, 20 by on
behalf of . He/she is personally known to me or
has produced as identification.
Signature of Notary
Typed, Printed or Stamped Name of Notary
ASSIGNEE ACKNOWLEDGMENT:
WITNESSES: ASSIGNEE:
Print Name:
Print Name:
Print Name
By:
Its:
NOTARY CERTIFICATE
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me, this day of
, 20 by on behalf of
. He/she is personally known to me or has produced
as identification.
Signature of Notary
Typed, Printed or Stamped Name of Notary
DISTRICT CONSENT:
District Utility Extension Policy
January 1, 2013
By:
District Utility Director
Page 73
Date:
Print Name
District Utility Extension Policy Page 74
January l, 2013
EXHIBIT "I"
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
ACKNOWLEDGMENT AND ALLOCATION OF RESERVED (EXCLUDES PRE-PAID
CONNECTIONS) EQUIVALENT RESIDENTIAL CONNECTIONS AND
CORRESPONDING TERMS OF THE STANDARD DEVELOPMENT AGREEMENT
This Agreement is entered into between_ ,("Property
Owner") and ("Parcel Owner"). Property Owner has entered into that certain
Standard Potable Water, Wastewater and Reclaimed Water Development Agreement ("SDA")
dated , between Property Owner and the St. Lucie County Water and Wastewater
Utility District ("District) (the "SDA"). Parcel Owner has acquired a portion of the Property
described in the SDA (the "parcel") which portion is more particularly described as:
The property receiving this assignment is located in St. Lucie County, Florida, and contains the
following legal description:
Lot . Block
Property Owner hereby allocates to Parcel Owner [Equivalent Residential
Connections (ERCs) / Equivalent Residential Irrigation Connections (ERICs)] as reserved by
Property Owner in the SDA for use on the Parcel.
None of the [ERCs/ERICs] allocated by Property Owner to Parcel Owner have been pre-paid by
Property Owner to the District.
Parcel Owner agrees to assume Property Owner's duties and obligations under the SDA related to
connections of those [ERCs/ERICs] being assigned to the Utility System and initiation of utility
service with the District, including, but not limited to, the obligation to pay all District fees and
charges that may be owing with respect to such [ERCs/ERICs]. Pursuant to the SDA, the
termination date of said allocated [ERCs/ERICs] is . The ability to
connect any of the allocated [ERCs/ERICs] not connected to the Utility by the termination date
shall be extinguished. A default by Property Owner under the SDA shall act as a default under
this Agreement and may result in a termination or curtailment of Pazcel Owner's ability to
connect [ERCs/ERICs] to the Utility.
District Utility Extension Policy Page 75
January 1, 2013
BY EXECUTION HEREOF, PROPERTY OWNER ACKNOWLEDGES AND AGREES THAT
THE NUMBER OF ERCs REMAINING FOR PROPERTY OWNER'S USE ON THE
PROPERTY PURSUANT TO THE TERMS OF THE SDA IS [ERCs/ERICs].
Both parties acknowledge that this Agreement is not effective until submittal to the District for
approval, payment of all administrative fees and costs related to such approval, and written
consent by the District. Both parties further acknowledge that the District has no responsibility
for administering any financial arrangement between the parties.
WITNESSES: PROPERTY OWNER:
Print Name:
Print Name:
STATE OF
COUNTY OF
Bv:
Print Name
Its:
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me, this day of
, 20 by on
behalf of . He/she is personally known to me or
has produced as identification.
Signature of Notary
Typed, Printed or Stamped Name of Notary
District Utility Extension Policy Page 76
January l, 2013
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
PARCEL OWNER:
By:
Print Name
Its:
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me, this day of
, 20 by on behalf of
. He/she is personally known to me or has produced
as identification.
Signature of Notary
Typed, Printed or Stamped Name of Notary
DISTRICT CONSENT:
By:
District Utility Director
Date:
District Utility Extension Policy
January 1, 2013
Print Name
Page 77
EXHIBIT "J"
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
ACKNOWLEDGMENT AND ASSIGNMENT OF PRE-PAID CONNECTIONS AND
CORRESPONDING TERMS OF THE STANDARD WATER, WASTEWATER AND
RECLAIMED WATER DEVELOPMENT AGREEMENT
This Agreement is entered into between ,("Property
Owner") and ("Parcel Owner"). Property Owner has entered into that certain
Standard Potable Water, Wastewater and Reclaimed Water Development Agreement dated
, between Property Owner and the St. Lucie County Water and Wastewater Utility
District ("DistricY') (the "SDA"). Parcel Owner has acquired a portion of the Property described
in the SDA (the "Parcel") which portion is more particularly described as:
Lot . Block
Property Owner hereby allocates to Parcel Owner [Equivalent Residential
Connections (ERCs)/Equivalent Residential Irrigation Connections (ERICs)] as reserved by
Property Owner in the SDA for use on the Parcel. The [ERCs/ERICs] allocated by Property
Owner to Parcel Owner have been pre-paid by Property Owner to the District.
Property Owner agrees to assume Property Owner's duties and obligations under the SDA related
to connection of those [ERCs/ERICs] being assigned to the Utility System and initiation of utility
service with the District, including, but not limited to, the obligation to pay all District fees and
charges that may be owing with respect to such [ERCs/ERICs]. Pursuant to the SDA, the
termination date of said allocated [ERCs/ERICs] is . The ability to
connect any of the allocated ERCs/ERICs not connected to the Utility by the termination date
shall be extinguished. A default by Property Owner under the SDA shall act as a default under
this Agreement and may result in a termination or curtailment of Parcel Owner's ability to
connect ERCs/ERICs to the Utility.
BY EXECUTION HEREOF, PROPERTY OWNER ACKNOWLEDGES AND AGREES
THAT THE NUMBER OF ERCs REMAINING FOR PROPERTY OWNER'S USE ON
i t~: PROPERTY PURSUANT TO THE TERMS OF THE SDA IS
[ERCs/ERICs].
District Utility Extension Policy Page 78
January 1, 2013
Both parties acknowledge that this Agreement is not effective until submittal to the District for
approval, payment of all administrative fees and costs related to such approval, and written
consent by the District. Both parties further acknowiedge that the District has no responsibility
for administering any financial arrangement between the parties.
WITNESSES: PROPERTY OWNER:
Print Name:
Print Name:
By:
Print Name
Its:
NOTARY CERTIFICATE
STATE OF
COUNTY OF
The foregoing inst~vment was acknowledged before me, this day of
, 2Q by on
behalf of . He/she is personally known to me or
has produced as identification.
WITNESSES:
Print Name:
Print Name:
District Utility Extension Policy
January l, 2013
Signature of Notary
Typed, Printed or Stamped Name of Notary
PARCEL OWNER:
By:
Print Name
Its:
Page 79
NOTARY CERTIFICATE
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me, this day of
, 20 by on behalf of
. He/she is personally known to me or has produced
as identification.
Signature of Notary
DISTRICT CONSENT:
Typed, Printed or Stamped Name of Notary
By:
District Utility Director
Date:
District Utility Extension Policy
January 1, 2013
Print Name
Page 80
EXHIBIT "K"
Prepared by and Return to:
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
NOTICE OF TERMINATION AND PARTIAL RELEASE OF STANDARD
POTABLE WATER, WASTEWATER AND RECLAIMED WATER
DEVELOPMENT AGREEMENT DUE TO NON-RENEWAL
THIS TERMINATION AND PARTIAL RELEASE OF STANDARD POTABLE
WATER, WASTEWATER AND RECLAIMED WATER DEVELOPMENT
AGREEMENT DUE TO NON-RENEWAL is filed this day of ,
20_, by St. Lucie County Water and Wastewater Utility District ("District").
WITNESSETH
WHEREAS, on , 20 , the District and
("Property Owner"), entered into a Standard Potable Water, Wastewater and Reclaimed Water
Development Agreement ("SDA"), for the provision of potable water, wastewater and reclaimed
water service to property owned by Property Owner; which SDA was recorded in the Official
Records of St. Lucie County, Florida, at Book and Page ; and
WHEREAS, in accordance with Paragraph 5 thereof, the term of the SDA is five (5) years,
which term ended on ; and
WHEREAS, the Property Owner has not renewed said SDA in accordance with the
District's Utility Policies and Procedures ("UPAP") as defined in the SDA; and
NOW THEREFORE, the District files this Notice of Termination of the SDA in
accordance with the terms of the SDA and the UPAP. Except for the duties, obligations and
acknowledgements of Property Owner as set forth in Paragraphs 3, 5, 7, 8, 9, 10, 13, 14 and 16 of
the SDA which survive termination, the SDA and the District's obligations to Property Owner
under the SDA are terminated.
ST. LUCIE COUNTY WATER AND WASTEWATER UTILTTY DISTRICT:
By:
County Administrator
Approved as to Form and Correctness:
District Utility Extension Policy
January 1, 2013
Page 81
County Attorney
EXHIBIT "L"
Prepared by and Return to:
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
AMENDMENT TO STANDARD POTABLE WATER, WASTEWATER AND
RECLAIMED WATER DEVELOPMENT AGREEMENT DUE TO INCREASE IN
CAPACITY EQUAL TO OR LESS THAN TEN PERCENT (10%) OF in~. ORIGINAL
CAPACITY RESERVATION OR TEN (10) [ERCs/ERICsJ, WHICHEVER IS GREATER.
THIS AMENDMENT is made and entered into this day of ,
20_ , by and between St. Lucie County Water and Wastewater Utility District ("District" and
, hereinafter referred to as "Property Owner".
WITNESSETH
WHEREA5, on , the District, entered into a Standard Potable Water,
Wastewater and Reclaimed Water Development Agreement ("SDA"), for the provision of
potable water, wastewater and reclaimed water service to certain property owned by Property
Owner; and
W~IEREA5, the SDA was recorded in the Ofticial 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 reservation of [equivalent residential connections ("ERCs") and/or
equivalent residential irrigation connections ("ERICs")] for the subject property to
[ERCs/ERICs], which is less than or equal to ten percent (10%) of the original reservation, or ten
(] 0) [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 paRies hereby agree as follows:
l. The SDA is hereby amended by increasing the allocated [ERCslERICs) 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 Utility Extension Policy Page 82
January 1, 2013
2. Upon execution of this amendment, Property Owner shall pay to the District the amount
of additional fees and charges for said additional [ERCslERICs] as set forth on E~chibit
"A" to this amendment.
2. Except as modified in this amendment, each and every other term of the SDA shall
remain in full force and effect and the SDA is hereby reaffirmed as modified herein.
3. The District may record this amendment 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.
ST. LUCIE COUNTY WATER AND WASTEWATER UTILITY DISTRICT:
By:
Approved as to Form and Correctness:
County Attorney
County Administrator
WITNESSES: PROPERTY OWNER:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY
By:
Print Name
Its:
NOTARY CER i ir iCATE
The foregoing instrument was acknowledged before me this day of , 20
_ by , on behalf of . He/she is personally
known to me or has produced as identification.
Signature of Notary
Typed, Printed, or Stamped Name of Notary Public
District Utility Extension Policy Page 83
January 1, 2013
Serial Number
uismct Ut~l~ty Extension Policy Page 84
January 1, 2013
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, Wastewater and
Reclaimed Water Development Agreement.
WITNESSES: MORTGAGE HOLDER:
By:
Title:
Print Name:
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY
The foregoing instrument was acknowledged before me this day of
, 20 by , of
on behalf of . 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
District Utility Extension Policy Page 85
3anuary 1, 2013
Exhibit A
SCHEDULE OF FEES
CONNECTION CHARGES:
ERC's x $ per ERC $
GUARANTEED REVENUE FEES:
TAA ERC's x$ per ERC
DOCUMENT RECORDING FEE: (_ PAGES)
($_ first page/$_ additional)
(AMOUNT DUE UPON EXECUTION OF AGREEMENT)
ADMINISTRATION REVIEW FEE:
(MINIMUM OF $ DUE UPON EXECUTION
OF AGREEMENT, WITH ACTUAL COST PAYABLE
PRIOR TO METER SET FOR FIRST USER)
TOTAL DUE UPON EXECUTION OF AMENDMENT: $
Note: Fees may be adjusted from time to time based on current resolutions.
District Utility Extension Policy Page 86
January 1, 2013
EXHIBIT "M"
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
TERMINATION AND RELEASE OF STANDARD
POTABLE WATER, WASTEWATER AND RECLAIMED WATER
DEVELOPMENT AGREEMENT DUE TO ZONING DEP~IIAL/Wiin~RAWAL
THIS TERMINATION AND RELEASE OF STANDARD POTABLE WATER,
WASTEWATER AND RECLAIMED WATER DEVELOPMENT AGREEMENT DUE TO
ZONING DENIAL/WITHDRAWAL is filed this day of , 20 , by St.
Lucie County Water and Wastewater Utility District (District").
WITNESSETH
WHEREAS, on , 20 , the District and ("Property
Owner"), entered into a Standard Potable Water, Wastewater and Reclaimed Water Development
Agreement ("SDA"), for the provision of potable water, wastewater and reclaimed water service to
property owned by Property Owner ("Property") pending Development Approval for the Property; and
WHEREAS, the SDA was recorded in the Official Records at Book and Page ; and
WHEREAS, the Property Owner withdrew its application for Development Approval, or
Development Approval has not been granted within twelve (12) months after application, or Development
Approval was denied by the St. Lucie County Board of County Commissioners (after all appeals periods
have lapsed or if appealed all appeals have been denied) (collectively, "SDA Termination Trigger"), and
pursuant the SDA and under the terms of the District's Utility Policies and Procedures ("UPAP"), upon
the occurrence of an SDA Termination Trigger, the SDA is automatically terminated.
NOW THEREFORE, the District files this notice that the SDA was automatically terminated as of
, 20 , and is of no further force and effect.
ST. LUCIE COUNTY WATER AND WASTEWATER UTILITY DISTRICT:
By:
County Administrator
Approved as to Form and Correctness:
County Attorney
District Utility Extension Policy Page 87
January 1, 2013
EXHIBIT "N"
PROJECT CLOSE OUT DOCUMENTS
REOUIRED DOCUMENTS
NOTE: THE PROPERTY OWNER'S NO LIEN AFFIDAVIT, BILL OF SALE, COST
DOCUMENTATION, AND RECORD DRAWINGS SHALL APPLY TO THE SAME
PROPERTY.
Bill of Sale and E~ibit 1- Cost Documentation - Conveying to St. Lucie County Water and
Wastewater Utility District all Property Owner Facilities (potable water, wastewater, and
reclaimed water facilities) up to the Point of Service.
2. Property Owner's No Lien Affidavit.
Recorded utility easements with an appropriate Title Insurance policy benefiting St. Lucie County
Water and Wastewater Utility 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
District 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 i r~, 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) 462-1175.
District Utility Extension Policy P~e gg
January 1, 2013
EXHIBIT "O"
BILL OF SALE
Know All Men by T6ese Presents, that ,[insert address],
the party of the first part, for and in consideration of the sum of ten dollars lawful money of the United
States and other good and valuable consideration, the receipt whereof is hereby acknowledged, granted,
bargained, sold, transferred and delivered, and by these presents do grant, bazgain, sell, transfer and
deliver unto St. Lucie County Water and Wastewater Utility District, the party of the second part, and its
successors and assigns, the following goods and chattels:
Potable Water, Wastewater, and/or Reclaimed Water Facilities consisting of those components
set forth on "Attachment to Bill of Sale" attached hereto all located within t6e property
described as:
To Have and to Hold the same unto the said part of the second part, its successors and assigns
forever.
AND do, for itself and its heirs, executors, administrators, successors and
assigns, 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 it has good
right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and
chattels hereby rnade, unto the said part of the second part, its successors and assigns; against the lawful
claims and demands of all persons whomsoever.
In Witness W6ereof, the first party has hereunto set hand and seal on this day of
, 20 .
WITNESSES:
Print Name:
Print Name:
District Utility Extension Policy
January 1, 2013
PROPERTY OWNER:
By:
Print Name
Its:
Page 89
STATE OF FLORIDA
COUNTY
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of , 20
by , on behalf of . He/she is personally known
to me or has produced
District Utility Extension Policy
January 1, 2013
as identification.
Signature of Notary
Typed, Printed, or Stamped Name of Notary Public
Serial Number
Page 90
EXHIBIT "p"
ATTACHMENT TO BILL OF SALE
PROJECT NAME S.D.A. NUMBER
ParceUPlat
Potable Water Distribution Svstem
Including Mains, Valves, Fittings & Hydrants, and All Appurtenances, Water Services up to Meter, Fire
lines up to Double Detector Check Valve Assembly
$
Wastewater CoHection Svstem
Including Utility Owned Force andlor Gravity Mains, Valves, Fittings, Air Release Valves, Manholes,
and All Appurtenances, Sewer Services including Clean Outs up to Limit of the District Maintenance
Responsibility.
$
Wastewater Pumnin~ Station
Complete, Including All Appurtenances; Installed per the District Standards
(If Owned and Operated by the District i.e., not private).
$
COST DOCUMENTATION FOR FACILITIES DEDICATED TO
ST. LUCIE COUNTY WATER AND WASTEWATER UTILITY DISTRICT
Phase
Bill of Sale Date
Reclaimed Water Distribution 5vstem
Including Mains, Valves, Fittings and All Appurtenances, Reclaimed Water Services up to the meter.
$
Other $
TOTAL VALUE OF CONTRIBUTED ASSETS $
Note: Prices must include all material and labor as installed, and shown on Accepted "Record
Drawings."
Certified By:
Contractor
Property Owner
Date:
Date:
Please attach a listing of various quantities that comprise the above components, i.e., x feet of 16" PVC
water main, Fire Hydrant complete, etc.
District Utility Exteesion Policy
January l, 2013
Page 91
EXHIBIT "O"
PROPERTY OWNER'S NO LIEN Ar r uyAVIT
STATE OF FLORIDA )
) SS.
COUNTY OF )
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, being by me first duly sworn, on oath deposes and says:
That (NAME) is the property owner of the (PROJECT NAME)
("Property Owner"), and that Affiant is the
of the Property Owner, that Affiant is authorized to act on behalf of the
Property Owner and that Affiant has the best knowledge to make the statements set forth herein
on behalf of the Property Owner.
That to the best of AffianYs knowledge and belief all labor and materials furnished and used in
connection with the construction of the Potable Water, Wastewater, and Reclaimed Water
Facilities for said Project which were installed within "dedicated roadways" and "utility
easements" as required by the Standard Potable Water, Wastewater and Reclaimed Water
Development Agreement entered into between the Property Owner and the St. Lucie County
Water and Wastewater Utility District, for the provision of potable water, wastewater and
reclaimed water service to property owned by the Property Owner have been paid in full.
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 Utility District to
accept a Bill of Sale for said water supply and wastewater disposal facilities.
5. Affiant has the lawful right to execute this Prar~~ t~ Owner's No Lien Affidavit.
AFFIANT FURTHER SAITH NAUGHT.
SIGNED AND SEALED IN THE PRESENCE OF:
W itness
Witness
District Utility Extension Policy
January 1, 2013
Property Owner (Type or Print)
Signature of Property Owner
Page 92
STATE OF FLORIDA
COUNTY OF
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of , 20 by
, of , on behalf of
. 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
District Utility Extertsion Policy Page 93
January 1, 2013
EXHIBIT "R"
INSTRUCTIONS AND MINIMUM REQUIREMENTS FOR PREPARING EASEMENT
DOCUMENTS, LEGAL DESCRIPTIONS AND SKETCHES
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 wimesses,
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) sepatate
witnesses, who sign on the lines to the left, and (b) a Notary Public who completes the
acknowledgment forms as described below.
For Partnerships: Al( 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.
District Utility Extension Policy Page 94
January l, 2013
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 ceRification
citing "Minimum Technical Standards pursuant to Florida Statutes, Chapter 472 and as
defined in Florida Administrative Code 21-HH-06", as amended from time to time.
2. 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
1. 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.
District Utility Extension Policy Page 95
January 1, 2013
EXHIBIT "S"
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
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 assigns (hereinafter refened to as "Grantee"), whose
address is c/o the District Utility Director, 2300 Virginia Avenue, Fort Pierce, 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, dces
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
water, reclaimed water and/or wastewater lines, pipes, mains, pump stations, wells, meters, meter boxes,
backflow prevention devices, telemetry and communications equipment, signs, buffers, lights, slabs,
enclosures and appurtenant facilities and equipment in, on, over, under and across the easement
premises. This utility easement or portion thereof 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 particular(y described as follows (the "easement premises"):
SEE EXHIBIT "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 c.,,,~.ary.
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:
Witness Signature
By:
Print Name Print Name
District Utility Extension Policy
January 1, 2013
Page 96
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF
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
District Utility Extension Policy Page 97
January 1, 2013
EXHIBIT KS" cont.
CON5ENT AND JOINDER OF MORTGAGEE FOR UTILITY EASEMENT
The undersigned mortgagee does hereby join in and consent to the granting of the above Utility
Easement, across the lands 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.
IN WITNESS WHEREOF, the 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
STATE OF FLORIDA
COUNTY OF
MORTGAGEE:
By:
Print Name
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of ,
20 , by , who is 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
District Utility Extension Policy Page 98
January I , 2013
EXHIBIT "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 properiy as it appears on the deed.
3. Fill in the address ofthe owner.
4. Fill in the legal description of the property or attach a copy of the legal description as E~chibit 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.
District Utility Extension Policy Page 99
January 1, 2013
EXHIBIT "U"
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
INDEMNITY AGREEMENT
(Encroachment)
THIS INDEMNITY AGREEMENT made and entered into this day
of , 20 by and between
("Owner") whose address is
and St. Lucie County Water and Wastewater Utility
District, its successors and assigns, ("District"), whose address is 2300 Virginia Avenue, Fort Pierce, FL
34982.
WITNESSETH
WHEREAS, Owner holds title to a certain parcel of real property more particularly described on
E~chibit A attached to and made a part of this Agreement (the "Property"); and
WHEREAS, the Property is encumbered by a certain utility easement recorded in OR Book ,
Page of the Official Records of St. Lucie County, Florida (the "Easement"), such Easement being
for the benefit of the District; and
WHEREAS, Owner desires to install within a portion of the
Easement {the "Encroachment"), as described on E~chibit B attached to and made a part 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.
2. 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 exercise its rights under the Easement, and such exercise of rights
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 incuned as a result
of the removal of said Encroachment shall be at the sole cost and expense of the Owner.
District Utility Extension Policy Page 100
January 1, 2013
4. Owner, its heirs, successors, legal representatives3 and 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
Encroachment or its removal, replacement 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.
IN WITNESS WHEREOF, the Owner has executed this Agreement as of the date first above
written.
WITNESSES:
Signed, seaied 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
District Utility Extension Policy
January 1, 2013
Page 101
ST. LUCIE COUNTY WATER AND WASTEWATER UTILITY DISTRICT:
By:
Approved as to Farm and Correcmess:
County Attorney
County Administrator
District Utility Extension Policy Page 102
January 1, 2013
EXHIBIT «v~~
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
CLAIM OF LIEN FOR UTILITY SERVICE
(STATE OF FLORIDA)
(COUNTY OF ST. LUCIE)
NOTICE is hereby given that the St. Lucie County Water and Wastewater Utility District, has a
Claim of Lien for Utility Service against the following described real estate, situated in St. Lucie County,
Florida, (the "Properly") to wit:
in the amount of $ for unpaid utility service furnished by the undersigned to the Property,
for [] Potable Water Service, [] Reclaimed Water Service, [) Wastewater Service, and all utility
service fees and charges which may accrue subsequent to the recording of this Claim of Lien, together
with interest and all reasonable costs and attorneys' fees incurred by the District incident 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. This lien accrued as of and
related back to the time of provision of the unpaid utility service furnished by the undersigned to the
Property. This lien is equal in character, dignity and rank with liens for special assessments and County
ad valorem t~es and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to
or against the Property.
ST. LUCIE COUNTY WATER AND WASTEWATER UTILITY DISTRICT:
By:
County Administtator
Approved as to Form and Correcmess:
County Attorney
District Utility ExteAsion Policy Page 103
January l, 2013
EXHIBIT "W"
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
PUBLIC WATER SUPPLY 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 Utility District, its successors and assigns (hereinafter
referred to as the "District") whose address is 2300 Virginia Avenue, Fort Pierce, 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, dces
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, pumps, telemetry and communications equipment, slabs,
enclosures, 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 heirs, legal representatives, successors and/or assigns, hereby agrees to indemnity and
hold Grantee haimless from and against any and all liabilities, damages, penalties, claims, costs and
expenses whatsoever, i~cluding 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 waterways, water features and_surface
water management systems. The Easement hereby granted covers a parcel of land lying, situate and being
in St. Lucie County, Florida, and being more particularly described as follows:
SEE LEGAL DESCRIPTION ATTACHED HERETO 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.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date
first above written.
District Utility Extension Policy Page 104
January l, 2013
WITNESSES:
Signed, sealed and delivered in the presence of:
Witness Signatute
Print Name
Witness Signature
Print Name
STATE OF FLORIDA
COUNTY OF
GRANTOR:
By:
Print Name
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this
20 , by
is personally known to me or who has produced
as identification.
My Commission
Expires:
Signature of Notary
day of
Typed, Printed or Stamped Name of Notary
,
who
District Utility Extension Policy Page 105
January I, 2013
EXHIBIT ~W" CONTINUED
CONSENT AND JOINDER OF MORTGAGEE TO EASEMENT
The undersigned mortgagee does hereby join in and consent to the granting of this Public Water
Supply Well Easement, across the lands herein described, and agrees that its moRgage, which is recorded
in Official Recard 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: GRANTOR/MORTGAGEE:
Signed, sealed and delivered
in the presence of
Witness Signature
By:
Print Name Print Name
Witness Signature
Print Name
STATE OF FLORIDA
COUNTY OF
NOTARY CERTIFICATE
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
District Utility Extension Policy
January l, 2013
Page 106
EXHIBIT "X"
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
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 Utility District (the "District"), hereinafter
referred to as "Utility", and hereinafter refened to as "Property Owner".
WITNESSETH:
WHEREAS, the parties entered in to a Standard Potable Water, Wastewater and Reclaimed
Water Development Agreement, dated (the "SDA"); and
WHEREAS, Utility agreed to reserve a certain number of water, wastewater and reclaimed water
equivalent residential connections/equivalent residential irrigation connections ("ERCs/ERICs") of utility
capacity for Property Owner for a term of five (5) years ("Term") from the effective date of the
Agreement; and
WHEREAS, the Term has expired or will expire on , 20_ ("Capacity Expiration
Date"); and/or
WHEREAS, the Term, as previously eatended by Renewal Agreement dated , 20_,
has ezpired or will expire on , 20, ("Capacity Ezpiradoas Date"); and
WHEREAS, the five (5) year term may be extended in accordance with the Utility Extension
Policy ("UEP"); and
WHEREAS, certain of the ERCs/ERICs provided for under the SDA have not been used by
Property Owner; and
WHEREAS, Property Owner wishes to extend the Term of the SDA for the unused
ERCs/ERICS provided in the SDA in accordance with the terms and conditions of this Standard Potable
Water, Wastewater and 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:
District Utility Extension Policy Page 107
January 1, 2013
l. 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 Property Owner agree that there are ERCs/ERICs remaining unused under
the SDA ("Remaining ERCs/ERICs"). Utility agrees to extend the Term of the SDA for the Remaining
ERCs/ERICs for an additional five {5) years from the Capacity Expiration Date. Upon execution of this
Agreement, Property Owner shall pay Utility an additional TAA equal to $_ per ERC/ERIC and
applicable agreement fee.
B. Property Owner acknowledges and agrees any and all future capacity reservations for the
Property sha11 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 any unused ERCs/ERICs upon expiration of this Renewal Agreement.
3. 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.
4. Fiting
Copy of this Renewal Agreement may be recorded with the Clerk of the Circuit Court in and for
St. Lucie County, Florida.
5. 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 SDA remains unmodified and in full force and effect, and
parties hereby ratify, confirm, and adopt the SDA as amended hereby.
6. Effective Date
The provisions of this Renewal Agreement shall become effective upon execution by the parties
hereto.
District Utility Extension Policy Page 108
January 1, 2013
IN WITNE5S WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
ST. LUCIE COUNTY WATER AND WASTEWATER UTILITY DISTRICT:
By:
County Administrator
Approved as to Form and Correctness:
County Attorney
WITNESSES: PROPERTY OWNER
By:
Signature
Title:
Print Name (Seal)
Signature
Print Name
NOTARY CERTIFICATE
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_by of
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
District Utility Extension Policy Page 109
January 1, 2013
EXHIBIT "Y"
Prepared by and Return to
St. Lucie County Water and Wastewater Utility District
Attn: District Utility Director
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 Water and Wastewater Utility District (the "District"), hereinafter
referred to as "Utility", and hereinafter referred to as "Property Owner".
WITNESSETH:
WHEREAS, the parties entered in to a Standard Reclaimed Water Development Agreement,
dated (the "SRDA"); and
WHEREAS, Utility agreed to reserve a certain number reclaimed water equivalent residential
irrigation connections ("ERICs") of capacity for Property Owner for a term of five (5) years (the "Term")
from the effective date of the Agreement; and
WHERF.AS, the Term has expired or will expire on , 20_ ("Capacity Expiration
Date"); and/or
WHEREAS, the Term, as previously extended by Renewal Ageement dated ,
20^, has expired or will expire on , 20_ ("Capacity Expiration Date"); and
WHEREAS, the five (5) year term may be extended in accordance with the Utility Extension
Policy ("UEP"); and
WHEREAS, certain of the ERICs provided for under the SRDA have not been used by Property
Owner; and
WHEREAS, Property Owner wishes to extend the capacity reservation for the unused ERICS
provided in the SRDA 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
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.
District Utility Extension Policy ~ Page 110
January l, 2013
2. Renewal of Capacity Reservation
A. Utility and Property Owner agree that there are ERICs remaining unused under the
SRDA ("Remaining ERICs"). Utility agrees to extend the Term of the SRDA for the Remaining ERICs
for an additionai five (5) years from the Capacity Expiration Date. Upon execution of this Agreement,
Property Owner shall pay Utility an additional TAA equal 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 SRDA and the UEP.
C. Property Owner acknowledges and agrees Utility shall not refund or reimburse the TAA
payments made for any unused ERICs upon expiration of this Renewal Agreement.
3. 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.
4. Fiting
Copy of this Renewal Agreement may be recorded with the Clerk of the Circuit Court in and for
St. Lucie County, Florida.
5. 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 SRDA remains unmodified and in full force and effect, and
parties hereby ratify, confirm, and adopt the SRDA as amended hereby.
6. Effiective Date
hereto.
The provisions of this Renewal Agreement shall become effective upon execution by the parties
(The remainder of this page intentionally left blank)
District Utility Extension Policy Page 111
January 1, 2013
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and
year first written above.
ST. LUCIE COUNTY WATER AND WASTEWATER UTILITY DISTRICT:
By:
Approved as to Form and Correcmess:
County Attorney
WITNESSES:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF
County Administrator
PROPERTY OWNER
By:
Title:
(Seal)
NOTARY CERTIFICATE
The foregoing instrument was acknowledged before me this day of
20_ by of
is/are personally known to me or who has produced as identification.
My Commission Expires:
Notary Signature
Typed, Printed or Stamped Name of Notary
District Utility Extension Policy
January 1, 2013
,
who
Page 112