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HomeMy WebLinkAbout15-088JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4075346 05/29/2015 at 09:36 AM OR BOOK 3751 PAGE 1053 - 1067 Doc Type: RESO RECORDING: $129.00 RESOLUTION 15-088 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 EXTENSION POLICY 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 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, on December 18, 2012, in Resolution No. 12-219, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") adopted the amended sections of the Uniform Extension Policy for the utility services furnished to the customers of the District with an effective date of February 1, 2013; and WHEREAS, on August 6, 2013, in Resolution No. 13-133, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") adopted the amended sections of the Uniform Extension Policy for the utility services furnished to the customers of the District with an effective date of August 6, 2013; and WHEREAS, the Board, on the advise and recommendation of its utility staff and technical advisors has established the revision to the Uniform Extension Policy (Exhibit 1111 W&S District Revised UE -13 Resolution for customers within the District and finds that such revisions are just and equitable and in the public interest. NOW THEREFORE, BE IT RESOLVED by the 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 2015 REVISION TO THE UNIFORM EXTENSION POLICY FOR THE DISTRICT. The 2015 revision to the Uniform Extension Policy 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 May 19, 2015 (the "Effective Date") follows: Section 4. ADOPTION. After motion and second, the vote on this Resolution was as Chair Paula A. Lewis AYE Vice Chair Kim Johnson AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ENACTED this 19th day of May, 2015. W&S District Revised UEP Resolution BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA TTES : BY: uty Clerk Chair APPROVES TO FORM CORRECTNE S!1 A y A BY: W&S District Revised UEP Resolution County Atto FXI-ttRIT `•l" St. Lucie County Water and Sewer Utility District Uniform Extension Policy New Section LAA: Advance Infrastructure Agreement Property Owner(s) of a proposed development that is anticipated to require central water and wastewater, may submit a request to the District to enter into an Advance Infrastructure Agreement (AIA) prior to the Property Owner(s) entering into an SDA/SRWDA/NSDA in accordance with Section I. General, to provide for the advance design, construction and turn over of Off -Site Facilities necessary to provide water and wastewater service to the proposed development to -the District. An AIA request is voluntary and subject to approval of the District in its sole discretion. An AIA, if approved, does not constitute a reservation of water or wastewater capacity for the proposed development, does not obviate the necessity for the Property Owner(s) to enter into an SDA or NSDA to obtain a commitment from the District to provide utility service for the proposed development, and does not guaranty that the District will subsequently enter into an SDA or NSDA for the proposed project. Property Owner(s) that enter into an AIA assume the risk that water and wastewater capacity will be available at such time as the Property Owner(s) subsequently request to enter into an SDA or NSDA. Property Owner(s) requesting an AIA acknowledge that entering into an AIA may not be used to evidence water and wastewater utility service availability to the proposed development for purposes of any growth management concurrence, development plan approvals, or land use or zoning applications for the proposed development. The execution of an AIA does not preclude the District from requiring additional Off -Site or On -Site Facilities for the proposed development at the time of entering into an SDA or NSDA. If approved by the District, the use of an AIA may allow phasing of reservation of capacity for a proposed development while accommodating utility infrastructure requirements for the total proposed development. Sections 2 - CONNECTION FEES and Section 3 - FACILITIES TO BE PROVIDED BY PROPERTY OWNER, plus all other applicable terms and conditions of the UEP remain applicable. All appropriate fees, as noted on Exhibit B of the attached Standard Advanced Infrastructure Agreement (new Exhibit "Z" to the UEP) are to be paid before execution of the agreement by the District. An AIA will be recorded by the District against the proposed development. AIAs 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 AIA. The District will not execute an AIA until all payments required to be paid at execution of an AIA under the provisions of the UPAP have been submitted to the District. Payments due upon submission of an AIA must clear into the District's bank account as a condition to the District's performance of its obligations under an AIA. An AIA 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 Add New Section LAA. District Uniform Extension Policy 1 of 2 5/19/2015 EXHIBIT "1" District. No assignments will be considered by the District until an estimated administrative review fee is paid to the District. The Property Owner shall 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 AIA shall not extend the term of the original AIA. Without exception, no Property Owner may assign or transfer an AIA 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. Note: • SDA = Standard (Potable Water, Wastewater and Reclaimed Water) Development Agreement • SRWDA = Standard Reclaimed Water Development Agreement • NSDA = Non -Standard Development Agreement Add New Section 1.A.4. District Uniform Extension Policy 2 of 2 5/19/2015 EXHIBIT "Z" Prepared by and Return to: St. Lucie County Water and Wastewater Utility District Attn: District Utility Director 2300 Virginia Avenue Fort Pierce, FL 34982 POTABLE WATER, WASTEWATER AND RECLAIMED WATER ADVANCED INFRASTRUCTURE AGREEMENT (AIA) THIS AGREEMENT made and entered into this day of and between St. Lucie County Water and Wastewater Utility District, "Utility", and [ADD ENTITY DATA], hereinafter Owner". WITNESSETH , 20_, by hereinafter referred to as referred to as "Property 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 referred to as "Property", whereupon Property Owner plans to develop the Property by erecting thereon residential and/or non-residential improvements. Property Owner desires to provide for the advance design, construction of Off -Site Facilities (as defined below) necessary to eventually provide water, wastewater and/or reclaimed water utility service to the Property in advance of such time as Property Owner determines to reserve 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 reserve any water, wastewater and/or reclaimed water utility service to the Property, nor 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 with the completion of the Utility infrastructure under this Agreement. NOW THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, Property Owner and Utility hereby covenant and agree as follows: 1. 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 content indicates a different meaning: (a) "USP" - the Utility Service Policy for water, wastewater and reclaimed water service by the Utility, as may be amended from time to time, which is incorporated herein by reference; (b) "UEP" — the Utility Extension Policy for water, wastewater and reclaimed water service by Utility, as may be amended from time to time, which is incorporated herein by reference. (c) "UPAP" — the Utility Extension Policy, Utility Service Policy, the 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. (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; (f) "Equivalent Residential Connection (ERC)" - a system capacity equivalency unit which corresponds to the peak demand of the single-family residential category of Customer usage. This system capacity equivalency unit is utilized to establish the system demand for various sized connections for the purpose of assessing fees; (g) "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. (h) "Off -Site Facilities" - Utility facilities that are located between the Developer's or Customer's property boundaries and any and all Point Of Connections. (i) "On -Site Facilities" - Utility facilities that are located within Developer's or Customer's property boundaries. 3. Property Owner hereby acknowledges that pursuant to Chapter 153, Part 11, 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 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. District Advanced Infrastructure Agreement Page 2 May 19, 2015 4. Property Owner is required to pay the fees and charges as noted in Exhibit B to this Agreement and the cost of the infrastructure as listed in Section 14. Special Conditions. The Term of this Agreement is five (5) years. Upon receipt of payment of the fees, due upon execution of this Agreement, Utility agrees to either accept the funds and design, permit and build the advanced infrastructure or allow the property owner to design with review and approval by the Utility, permit, construct and turn -over the required advance infrastructure in the period noted in Section 14. Should the property owner choose to design, permit and build the advanced infrastructure, the construction must be completed within the time frame in the FDEP construction permit. Within five (5) years a SDA will be executed. 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. The duties, obligations and acknowledgements of Property Owner as set forth in Paragraphs 3, 4, 6, 7, 8, 10, 11, 12 and 14 of this Agreement shall survive termination of this Agreement. 6. Property Owner will construct up to the Point of Service to Utility, at no cost to Utility, the 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 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. 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. 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 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 District Advanced Infrastructure Agreement Page 3 May 19, 2015 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, 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. 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 FDEP permit to place the system in to service. 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 the 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. Property Owner acknowledges with Utility that all Utility Facilities conveyed to Utility 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. Notwithstanding any provision in this Agreement, pursuant to Chapter 153, Part 11, 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 potable water, wastewater and reclaimed water service provided to the Property by Utility. Said rules and regulations include, but are not limited to, oversizing of facilities, use of previously oversized facilities or extension of facilities. 9. 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. 10. 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. District Advanced Infrastructure Agreement Page 4 May 19, 2015 1 1. All notices provided for herein shall be in writing and transmitted by mail or by courier and, if to Property Owner shall be mailed or delivered to Property Owner at: With a copy to: and if to Utility, shall be mailed to Utility at: St. Lucie County Water and Wastewater 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 12. 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. 13. 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 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 effective upon execution by the parties hereto. The venue for actions arising out of this Agreement shall lie in St. Lucie County, Florida. 14. Special Conditions: District Advanced Infrastructure Agreement Page 5 May 19, 2015 IN WITNESS WHEREOF, Property Owner and Utility have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. ST. LUCIE COUNTY WATER AND WASTEWATER UTILITY DISTRICT: Approved as to Form and Correctness: County Attorney WITNESSES: Print Name: Print Name: County Administrator PROPERTY OWNER: Print Name: Its: District Advanced Infrastructure Agreement Page 6 May 19, 2015 NOTARY CERTIFICATE STATE OF FLORIDA COUNTY The foregoing instrument was acknowledged before me this 20 by , on behalf of personally known to me or has produced Signature of Notary day of _. He/she is as identification. 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: STATE OF FLORIDA COUNTY MORTGAGE HOLDER: By: Title: Print Name: NOTARY CERTIFICATE 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 Advanced Infrastructure Agreement Page 7 May 19, 2015 Exhibit A PROPERTY DESCRIPTION District Advanced Infrastructure Agreement Page 8 May 19, 2015 Exhibit B SCHEDULE OF FEES OFFSITE DESIGN/ENGINEERING AND CONSTRUCTION COSTS: (*AMOUNT DUE UPON EXECUTION OF AGREEMENT) DOCUMENT RECORDING FEE: (_PAGES) ($10.00 first page/$8.50 additional) (*AMOUNT DUE UPON EXECUTION OF AGREEMENT) PLAN REVIEW FEE: 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'/2% 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) TOTAL DUE UPON EXECUTION OF AGREEMENT* Note: Fees may be adjusted from time to time based on current resolution. District Advanced Infrastructure Agreement Page 9 May 19, 2015