HomeMy WebLinkAbout18-239JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4511 715 12/1712018 09:42:29 AM
OR BOOK 4213 PAGE 2190 - 2216 Doc Type: RESO
RECORDING: $231.00
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT UNIT
INITIAL ASSESSMENT RESOLUTION
ADOPTED NOVEMBER 27, 2018
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TABLE OF CONTENTS
PAGE
ARTICLE I
INTRODUCTION
SECTION 1.01. AUTHORITY..................................................................................................1
SECTION 1.02. DEFINITIONS................................................................................................ 2
SECTION 1.03. INTERPRETATION.......................................................................................4
SECTION1.04. FINDINGS....................................................................................................... 4
ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED PROJECT COST..................................................................... 7
SECTION 2.02. AUTHORITY AND DIRECTION................................................................ 7
SECTION 2.03. PUBLIC HEARING........................................................................................ 9
ARTICLE III
ASSESSMENTS
SECTION 3.01. RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT UNIT .............10
SECTION 3.02. UTILITY SERVICE PROVIDER.................................................................10
SECTION 3.03. IMPOSITION OF ASSESSMENTS............................................................11
SECTION 3.04. APPORTIONMENT METHODOLOGY...................................................11
SECTION 3.05. APPLICATION OF ASSESSMENT PROCEEDS.....................................14
SECTION 3.06. COLLECTION OF ASSESSMENTS...........................................................14
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. CONFLICTS...................................................................................................15
SECTION 4.02. SEVERABILITY.............................................................................................15
SECTION 4.03. EFFECTIVE DATE........................................................................................16
APPENDIX A RIVER HAMMOCK MSBU LEGAL DESCRIPTION
APPENDIX B INTERLOCAL AGREEMENT
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RESOLUTION NO. 2018-239
A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS RELATING TO THE IMPOSITION AND
COLLECTION OF SPECIAL ASSESSMENTS TO FUND POTABLE
WATER AND FIRE PROTECTION IMPROVEMENTS TO PROPERTIES
WITHIN THE PROPOSED RIVER HAMMOCK MUNICIPAL SERVICE
BENEFIT UNIT; DESCRIBING THE PROPERTY TO BE LOCATED
WITHIN THE RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT
UNIT; PROVIDING FOR THE IMPOSITION OF SPECIAL
ASSESSMENTS THEREIN; ESTIMATING THE PROJECT COST TO BE
FUNDED THROUGH SPECIAL ASSESSMENTS; ESTABLISHING THE
METHOD OF APPORTIONING THE SPECIAL ASSESSMENTS AMONG
AFFECTED REAL PROPERTY; DIRECTING THE ASSESSMENT
COORDINATOR TO PREPARE A PRELIMINARY ASSESSMENT ROLL;
APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF
PORT ST. LUCIE RELATED TO THE PROVISION OF WATER SERVICE
IN THE RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT UNIT,
AUTHORIZING AND DIRECTING STAFF TO TAKE SUCH ACTIONS
AS MAY BE NECESSARY IN FURTHERANCE OF SUCH PROJECT AND
THE FUNDING OF THE COST THEREOF THROUGH SPECIAL
ASSESSMENTS; ESTABLISHING A PUBLIC HEARING TO CONSIDER
IMPOSITION OF THE PROPOSED ASSESSMENTS; AND PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF ST. LUCIE
COUNTY AS FOLLOWS:
ARTICLE I
INTRODUCTION
SECTION 1.01. AUTHORITY. This Resolution of the St. Lucie County Board of
County Commissioners (the 'Board") is adopted pursuant to the provisions of Chapter 40,
Article IV of the County Code of Ordinances (the "Assessment Ordinance"), sections 125.66,
197.3632, and 197.3635 of the Florida Statutes, and other applicable provisions of law.
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SECTION 1.02. DEFINITIONS. This Resolution constitutes an Initial
Assessment Resolution within the meaning of the Assessment Ordinance. All capitalized
words and terms not otherwise defined herein shall have the meaning set forth in the
Assessment Ordinance. As used in this Resolution, the following terms shall have the
following meanings, unless the context hereof otherwise requires.
"Assessed Cost" means the costs of the Project to be funded through the imposition
of Assessments against Assessed Property, an estimate of which is included in Section 2.01
hereof.
"Assessed Property" means all parcels of real property included in the Assessment
Roll that receive a special benefit from the Project.
"Assessment" means a special assessment (sometimes characterized as a non -ad
valorem assessment) levied by the Board to fund the Assessed Cost.
"Assessment Coordinator" means the chief administrative officer of the County, or
such person's designee responsible for coordinating calculation and collection of
Assessments as provided herein.
"Assessment Ordinance" means Chapter 40, Article IV of the County Code of
Ordinances as may be amended from time to time, or its successor in function.
"Assessment Roll" means the special assessment roll created pursuant to Section 40-
100(c) of the Assessment Ordinance and described in Section 2.02 (A) hereof.
"Board" means the Board of County Commissioners of St. Lucie County, Florida.
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"City" means the City of Port St. Lucie, Florida.
"Clerk" means the clerk of St. Lucie County.
"Collection Costs" means costs incurred by the Board in the annual collection and
administration of the Assessments, including but not limited to fees imposed by the
Property Appraiser and Tax Collector and amounts necessary to account for statutory
discounts for the early payment of property taxes and non -ad valorem assessments.
"County" means St. Lucie County, Florida.
"Equivalent Residential Connection" or "ERC' means the equivalency unit
attributed to Parcels comprising the River Hammock MSBU to measure and allocate the
relative benefit conveyed to such Parcels by provision of the potable water and fire
protection improvements comprising the Project.
"Fiscal Year" means the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may be
prescribed by law as the fiscal year for the County.
"Obligations" means a loan, note, bond or other debt obligation issued or incurred
by the County to finance the Project and secured by the Assessments. The term Obligation
shall include any interfund or intrafund loan made by the County for such purposes.
"Parcel" means a parcel of real property to which the St. Lucie County Property
Appraiser has assigned a distinct ad valorem property tax identification number.
"Petitions" means written petitions or straw ballots summited to the Board by
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affected parcel owners pursuant to Section 40.99 of the Assessment Ordinance.
"Project" means the potable water and fire protection improvements contemplated
hereunder which will specially benefit Assessed Property within the River Hammock
MSBU.
"Project Cost" means all or any portion of the costs and expenses that are properly
attributable to the planning, acquisition, design, engineering, construction, installation,
reconstruction, renewal or replacement (including demolition, environmental mitigation
and relocation) of the Project and the imposition of the Assessments under generally
accepted accounting principles; and including reimbursement to the County for any funds
advanced in furtherance of the Project.
"River Hammock MSBU" means the proposed River Hammock Municipal Service
benefit Unit, as described in Section 3.01 hereof.
"Tax Roll" means the real property ad valorem tax roll maintained by the Property
Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635,
Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem
assessments on the same bill as ad valorem taxes, and any applicable regulations
promulgated thereunder.
SECTION 1.03. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the terms
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"hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution;
and the term "hereafter" means after, and the term "heretofore" means before, the effective
date of this Resolution. Words of any gender include the correlative words of the other
gender, unless the sense indicates otherwise.
that:
SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared
(A) The County and the City have collaborated in providing for the design,
construction, and acquisition of the potable water and fire protection improvements
comprising the Project, including but not limited to preliminary planning and developing a
cost estimate, plan of finance, and project schedule.
(B) The plan of finance for the Project involves the levy and collection of
Assessments on developed or developable Parcels within the River Hammock MSBU
pursuant to the Assessment Ordinance and the Uniform Assessment Collection Act.
(C) Preliminary Petitions submitted to the County indicate that 83% of affected
property owners support the imposition of Assessments to fund the Project.
(D) The Board is authorized by the Uniform Assessment Collection Act to.levy
and collect Assessments, and the Assessment Ordinance established a procedure for the
levy and collection of Assessments by the Board for the purpose of providing essential
facilities and services such as the Project.
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(E) The Project will convey special benefits to Parcels within the River Hammock
MSBU including but not limited to: access to a centralized, publicly owned and operated
water utility system which will provide an increase in market valuation, enhanced
development/re-development potential, availability of water treated to comply with
regulatory drinking water standards, safety benefits associated with installation of fire
hydrants, and heightened use, marketability, enjoyment and value of the real property
specially benefitted by the Project. The improvements comprising the Project are designed
to meet the capacity requirements of the specially benefiting properties within the River
Hammock MSBU; hence, 100% of the costs are associated with providing special benefit.
(F) The apportionment of Assessments based upon Equivalent Residential
Connections as described in Section 3.04 hereof is a fair and reasonable method for
apportioning the costs of the Project and the special benefit conveyed thereby among
Assessed Property, and bears a reasonable relationship to the cost of providing the Project.
(G) The Board hereby finds and determines that the Assessments to be imposed
in accordance with this Initial Assessment Resolution provide a proper and equitable
method of funding the Project by fairly and reasonably apportioning the costs thereof
among specially benefitted property.
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ARTICLE II
NOTICE AND PUBLIC HEARING
SECTION 2.01. ESTIMATED PROJECT COST.
(A) The estimated maximum Assessed Cost of the Project is $258,852.
(B) Unless determined otherwise by subsequent resolution of the Board, the
Assessed Cost will be collected, together with Collection Costs, pursuant to the Uniform
Assessment Collection Act in not more than twenty (20) annual installments.
(C) The Assessment rates established in this Initial Assessment Resolution shall
be the maximum rates applied by the Assessment Coordinator in the preparation of the
preliminary Assessment Roll as provided in Section 2.02(A) of this Initial Assessment
Resolution.
SECTION 2.02. AUTHORITY AND DIRECTION. The Assessment
Coordinator and other members of County staff are hereby authorized and directed to take
such actions as maybe necessary or desirable in furtherance of the Project, including but not
limited to the following:
(A) Prepare, or cause to be prepared, a preliminary Assessment Roll for the Fiscal
Year commencing October 1, 2019, in the manner provided in Section 40-100(c) of the
Assessment Ordinance. The Assessment Roll shall include all Parcels within the River
Hammock MSBU. The Assessment Coordinator shall apportion the estimated Assessed
Cost to be funded through Assessments in the manner set forth in this Initial Assessment
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Resolution. A copy of this Initial Assessment Resolution and the preliminary Assessment
Roll shall be maintained on file in the office of the Assessment Coordinator and open to
public inspection. The foregoing shall not be construed to require that the preliminary
Assessment Roll be in printed form if the amount of the Assessment for each parcel of
property can be determined by the use of a computer terminal or internet access available
to the public.
(B) Finalize plans and specifications necessary for construction of the Project.
(C) Prepare such additional resolutions as may be necessary or desirable in order
to impose and collect Assessments and to provide for financing of the Project through the
issuance of an Obligation.
(D) Prepare such agreements by and between the Board and the St. Lucie County
Tax Collector and the St. Lucie County Property Appraiser as may be required by the
Uniform Assessment Collection Act.
(E) Implement procurement processes pertaining to construction of the Project.
(F) Mail and publish any notices required by the Assessment Ordinance,
including mailed and published notice of the public hearing established by Section 2.03
hereof.
(G) Take such other action as may be required by the Assessment Ordinance.
SECTION 2.03. PUBLIC HEARING. There is hereby established a public
hearing to be held at 6:00 p.m. on February 5, 2019 in Commission Chambers, 2300 Virginia
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Avenue, Fort Pierce Florida, at which time the Board will receive and consider any
comments on the Assessments from the public and affected property owners and consider
adoption of a Final Assessment Resolution in accordance with Section 40.99(f) of the
Assessment Ordinance creating the River Hammock MSBU, imposing Assessments on the
Parcels therein to fund the Project, and authorizing collection of the Assessments pursuant
to the Uniform Assessment Collection Act.
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ARTICLE III
ASSESSMENTS
SECTION 3.01. RIVER HAMMOCK MSBU; PROJECT DESCRIPTION. The
proposed River Hammock MSBU is described in Appendix A attached hereto. The Project
entails the installation of approximately 1,350 linear feet of potable water mains, fire
hydrants, and individual water services to benefit parcels on River Hammock Lane.
SECTION 3.02. UTILITY SERVICE PROVIDER. The proposed River
Hammock MSBU is located within the utility service area of the City. Upon creation of the
River Hammock MSBU, the County and the City will enter into an agreement (the
"Interlocal Agreement") setting forth the terms by which the City will provide potable
water service to the Parcels comprising the River Hammock MSBU. The Interlocal
Agreement shall be in substantially the form attached hereto as Appendix B, with such
changes as may be approved by the County Attorney.
SECTION 3.03. IMPOSITION OF ASSESSMENTS. Assessments shall be
imposed against Assessed Property located within the River Hammock MSBU, the annual
amount of which shall be computed for each Parcel in accordance with this Article III.
When imposed, the Assessment for each Fiscal Year shall constitute a lien upon Assessed
Property as provided in the Assessment Ordinance. Such lien shall be equal in rank and
dignity with the liens of all state, county or municipal taxes and other non -ad valorem
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assessments, and except as otherwise provided by law, shall be superior in dignity to all
other liens, titles and claims, until paid.
SECTION 3.04. APPORTIONMENT APPROACH.
(A) The traditional unit employed by the County for apportioning the cost of
potable water systems is the assignment of ERCs as described below. Such ERC -based
apportionment methodology is in widespread use throughout the state and is hereby
approved and adopted as the apportionment method for the River Hammock MSBU
Assessments.
(B) The River Hammock MSBU is substantially composed of similarly sized
platted single family residential lots which allows for a relatively high level of certainty in
the design and sizing of the potable water and fire protection improvements required to
serve the Parcels therein, regardless of the size of single family dwelling units located on or
built thereon. Accordingly, it is fair and reasonable to use an ERC method for computing
the River Hammock MSBU Assessments based upon assigning one (1) Equivalent
Residential Connection for each single family dwelling unit or subdivided residential
building lot capable of development with a single family dwelling, regardless of the size of
the dwelling unit or lot.
(C) Because of the predominantly residential nature of the River Hammock
MSBU, the ERC system described herein does not include commercial use as an
apportionment factor.
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(D) There are currently twenty-three (23) Parcels within the River Hammock
MSBU, all of which, are currently developed or capable of being developed with at least
one (1) single family dwelling unit.
(E) The estimated Assessment amount per ERC is $11,245. This amount
represents the maximum estimated Project Cost. The estimated annual assessment amount
per ERC is $904, which includes interest at an assumed rate of 5%, tax collector fees, and
amounts as necessary to account for statutory early payment discounts. The annual
installments are computed to be sufficient to pay the annual debt service on obligations
issued to finance the Project including any interfund loan provided by the County for
purposes of financing the Project.
(F) It is hereby ascertained, determined, and declared that the method of
determining the Assessments as set forth in this Initial Assessment Resolution is a fair and
reasonable method of apportioning the Assessed Cost among Assessed Property.
SECTION 3.05. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds
derived by the County from the Assessments shall be utilized solely to pay for costs
associated with the Project which may include repayment of any Obligation issued or
incurred for the purpose of financing the Project.
SECTION 3.06. COLLECTION OF ASSESSMENTS. Assessments shall be
collected, together with Collection Costs, pursuant to the Uniform Assessment Collection
Act unless otherwise determined by subsequent resolution of the Board.
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ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4.02. SEVERABILITY. If any provision of this Resolution or the
application thereof to any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of this Resolution that can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution are
declared to be severable.
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SECTION 4.03. EFFECTIVE DATE. This Initial Assessment Resolution shall
take effect immediately upon its passage and adoption.
AFTER MOTION AND SECOND, the vote on this Resolution was as follows:
Chair Linda Bartz AYE
Vice Chair Cathy Townsend ABSENT
Commissioner Chris Dzadovsky AYE
Commissioner Sean Mitchell AYE
Commissioner Frannie Hutchinson AYE
PASSED AND DULY ADOPTED this 27th day of November, 2018.
ATTEST:
Deputy4�
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chair
APPROVED AS TO FORM AND
CORRECTNESS:
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APPENDIX A
DESCRIPTION OF
RIVER HAMMOCK MUNICIPAL SERVICE BENEFIT UNIT
A parcel of land lying in Section 4, T -36-S, R -40-E, St. Lucie County, Florida and also being a portion
of River Hammock Subdivision as recorded in Plat Book 23 at page 2 of the public records of St.
Lucie County, Florida and a portion of River Hammock Addition an unrecorded subdivision. Said
parcel being more particularly described as follows:
Commence at the northwest corner of the SW 1/4 of the SW 1/4 of Section 4, T -36-S, R -40-E; thence
S 00° 09'38" E along the west line of said Section 4 a distance of 300.00'; thence N 89° 50'56" E a
distance of 173.12' to the southwest corner of Lot 2 of River Hammock Addition (unrecorded
subdivision) as described within ORB 1305, Pages 1526-1527 of the public records of St. Lucie
County Florida and the Point of Beginning; thence N 00° 09'38" W a distance of 400.0' to the
northwest corner of Lot 2 of River Hammock Subdivision as recorded in Plat Book 23, page 2 of the
public records of St. Lucie County, Florida; thence N 89° 50'56" E along the north line of said River
Hammock Subdivision and easterly extension thereof a distance of 1950' more or less to the mean
high water line of the St. Lucie River; thence meander southerly along said mean high water line a
distance of 420' more or less to a point on a line lying 400.00' south (as measured at right angles) of
the north line of River Hammock Subdivision; thence S 89° 50'56" W parallel with the north line of
River Hammock Subdivision a distance of 1690' more or less to the Point of Beginning.
Less and except right of ways of record.
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APPENDIX B
INTERLOCAL AGREEMENT
POTABLE WATER SERVICE
RIVER HAMMOCK MUNICIPAL SERVICES BENEFIT UNIT
THIS INTERLOCAL AGREEMENT is made and entered into this _ day of
, 2018, by and between ST. LUCIE COUNTY, a political
subdivision of the State of Florida (the "County") and the CITY OF PORT ST. LUCIE, a Florida
municipal corporation (the "City").
WHEREAS, on June 28, 1994, the City and the County entered into an Agreement of
Transfer whereby the County transferred ownership of a County water, wastewater, and propane
utility system to the City (hereinafter referred to as the "City Utility System"); and
WHEREAS, the Agreement of Transfer provides that the County has the right to create
special assessment districts to construct line extensions to the City Utility System to provide utility
services to residents in unincorporated portions of the City Service Area and the City has agreed to
cooperate with the County to provide utility services to these special assessment districts by entering
into separate agreements for each such district in accordance with the Agreement of Transfer and the
City Uniform Extension Policy; and
WHEREAS, the County has created a special assessment district in the nature of a municipal
services benefit unit to fund the cost of providing potable water service, to be provided by the City
Utility System to the River Hammock Municipal Service Benefit Unit in unincorporated St. Lucie
County (the "River Hammock MSBU").
NOW THEREFORE, for and in consideration of these premises, the parties hereto agree as
follows:
1. Definitions. The definitions set forth in the chapter entitled "Public Utilities" found
in the Port St. Lucie City Code shall apply in this Agreement unless otherwise specified below;
provided, however, that for purposes of this Agreement the County shall be considered a
"Developer" or "Customer" thereunder except that pursuant to Section 5.4(b)(iii) of the Transfer
Agreement, the County is not required to pay Guaranteed Revenues. 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) "Service" - The readiness and ability by the City to furnish water to the River
Hammock MSBU.
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(B) "Point of Delivery Collection" - The point where the pipes of the utility are
connected with the pipes of the Property Owners. Unless otherwise indicated, the point of delivery
shall be at a point on the Property Owner's lot or property line.
(C) "Property Owners" - The owners of record of the real property within the
River Hammock MSBU and their respective successors or assigns.
(D) "Contribution—in-Aid-of-Construction" - The sum of money, and/or
property, represented by the City Charges and the water distribution system constructed by the
County, which the County covenants and agrees to pay or deliver to the City (the "MSBU
Facilities"), as a contribution -in aid -of -construction, to induce the City to continuously provide water
service to the Property.
2. Pay-ment.. In accordance with the Agreement of Transfer and the City Uniform
Extension Policy, the County agrees to pay the water capital charges, inspection fees, review fees,
and processing fees (collectively "City Charges") from the proceeds of a financing supported by
special non -ad valorem assessments to be levied on the properties within the River Hammock MSBU
(the "MSBU Financing"). The Property Owners shall be responsible for the payment of all other
applicable fees in accordance with the Agreement of Transfer and the City Uniform Extension
Policy.
3. Easement and Rights of Access. The parties agree that all facilities necessary to
provide water service to the River Hammock MSBU will be located in County's rights-of-way. The
County agrees that the County's rights-of-way include the necessary right of ingress and egress to the
property lines of the lots in the River Hammock MSBU. If necessary, the County agrees to assist the
City in obtaining any easements rights of access necessary to provide water service from the Property
Owner's lot lines to the customer service connections. The County further agrees that the City will be
under no obligation to provide water service to any customer who fails to give the City such access
easements, if any. The City hereby agrees that they will use all County right-of-way in accordance
with the County's standard right-of-way regulations.
4. Provision of Service Upon the accomplishment of all the prerequisites contained in
this Agreement to be performed by the County, including but not limited to the payment in full of all
City Charges, the City covenants and agrees that it will allow the connection of the MSBU Facilities,
as defined below, installed by the County to the central water facilities of the City in accordance with
the terms and intent of the Agreement. Such connection shall be in accordance with rules and
regulations of the Department of Health and the Florida Department of Environmental Protection.
The City agrees that once it provides water service to the River Hammock MSBU and has connected
customer installations to its system, that thereafter, the City will continuously provide, in return for
payment of all applicable rates, fees, and charges by the Property Owners and in accordance with and
subject to the other provisions of this Agreement, and of applicable laws, including rules and
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regulations and rate schedules, water service to the River Hammock MSBU in a manner to conform
with all requirements of all governmental agencies having jurisdiction over the water distribution
operation of the City.
5. Desi n. Review. Construction. Inspection and Convevance Facilities
5.1 To induce the City to continuously provide the River Hammock MSBU with
water services, the County hereby covenants and agrees to pay for the construction and to transfer
ownership and control to the City, as a Contribution -in -Aid -of -Construction: (a) the on-site water
distribution system (the "On -Site Facilities"), and (b) the off-site water distribution system, together
with all appurtenances thereto from the River Hammock MSBU to a point of connection with
existing City mains (the "Off -Site Facilities") (collectively, the "On -Site Facilities and Off -Site
Facilities referred to as the "MSBU Facilities"), both as more particularly shown in the final
approved plans and specifications prepared by EDC, Inc (the "Plans").
5.2. All construction of the MSBU Facilities, whether conveyed to the City or not,
shall be in accordance with the Plans. The County shall be entitled to "third parry pay backs" for any
over sizing required by the City in accordance with the City Uniform Extension Policy. The County
shall cause to be constructed, at the County's expense, the MSBU Facilities as shown on the Plans.
5.3. During the construction of the MSBU Facilities by the County, the City shall
have the right to inspect such installation to determine compliance with the Plans, adequacy of the
quality of the installation, and further, shall be entitled to perform standard tests for pressure,
filtration, line and grade, and all other normal engineering tests required by specifications and good
engineering practices. Complete as -built plans shall be submitted to the City upon completion of
construction.
5.4 By these presents, the County hereby transfers to the City title to the MSBU
Facilities installed by the County's contractor, pursuant to the provisions of this Agreement. Such
conveyance is to take effect without further action upon the review and acceptance by the City of the
said installation. As further evidence of said transfer to title, and upon the completion of the
installation and prior to the rendering of service by the City, the County shall convey to the City, by
bill of sale, or other appropriate documents, in form satisfactory to the City's counsel, the MSBU
Facilities. The City agrees that the acceptance of the MSBU Facilities installed by the County, for
service, or acceptance of the bill of sale, shall constitute assumption of responsibility by the City for
the continuous operation and maintenance of such MSBU Facilities from that date forward.
5.5 Payment or transfer of the Contributions -in -Aid -of -Construction does not and
will not result in the City waiving any of its rates, rate schedules or rules and regulations, and their
enforcement shall not be affected in any manner whatever by the County making the contribution.
The City shall not be obligated for any reason at all nor shall the City pay any interest or rate of
interest upon the contribution. Neither the County nor the Property Owners shall have any present or
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future right, title, claim or interest in and to the contributions or to any of the water or wastewater
facilities and properties of the City, and all prohibitions applicable to the County and the Property
Owners with respect to no refund of contributions, no interest payment on said contributions and
otherwise, are applicable to all persons or entities. No user or customer of water and/or wastewater
services shall be entitled to offset any bill or bills rendered by the City for such service or services
against the contributions. The County shall not be entitled to offset the contributions against any
claim or claims of the City.
6. Ownership of Facilities The County agrees with the City that all MSBU Facilities
conveyed to the City for use in connection with providing water services to the River Hammock
MSBU, shall always remain in the complete and exclusive ownership of the City, and any entity
owning any part of the River Hammock MSBU or any residence or building constructed or located
thereon, shall not have the right, title, claim or interest in and to such facilities, or any part of them,
for any purpose, including the furnishing of water services to other persons or entities located within
or beyond the limits of the River Hammock MSBU.
7. Application of Rules, Rellulations and Rates. Notwithstanding any provision in
this Agreement and to the extent not in conflict with the Transfer Agreement, the City may establish,
revise, modify and enforce rules, regulations and rates covering the provision of water and/or
wastewater service to the River Hammock MSBU. If such rules are found in conflict with the
Transfer Agreement, the rule(s) shall not be enforced against the County or the Property Owners to
the extent of such conflict. Such rules, regulations and rates are subject to the approval of the City
Council of the City. Such rules and regulations shall always be reasonable and subject to regulation
as may be provided by law or under contract. Rates charged to the Property Owners shall be identical
to rates charged for the same classification of service. All rules, regulations and rates in effect, or
placed into effect in accordance with the preceding, shall be binding upon the County and Property
Owners, upon any other entity holding by, through or under the County or the Property Owners and
upon any customer of the water and/or wastewater service provided to the River Hammock MSBU
by the City provided, however, that the County shall be bound only by such rules, regulations and
rates which relate to the construction, installation, and conveyance of On -Site and Off -Site Facilities
to the City as described herein.
Disclaimers. Limitations on Liability, County Obligations.
8.1 Status The parties deem each other to be independent contractors, and not
agents of the other.
8.2 Force Majeure Neither the City nor the County as to the Property Owners,
shall be liable or responsible to the other by reason of the failure or inability to take any action it is
required to take or to comply with the requirements imposed hereby or any injury to the other or to
those claiming by or through the other, which failure, inability or injury is caused directly or
25048/040/01411797.DOCv2 B-4
indirectly by force majeure as hereinafter set forth. The term "force majeure as employed herein shall
mean acts of God, strikes, lockouts, or other industrial disturbance: acts of public enemies, war,
blockades, riots, acts of armed forces, militia, or public authority, epidemics, breakdowns of or
damage to machinery, pumps, or pipe lines; landslides, earthquakes, hurricanes, fires, storms, floods,
or washouts; arrests; title disputes; or other litigation; governmental restraints of any nature whether
federal, state, county, municipal or otherwise, civil or military; civil disturbances; explosions, failure
or inability to obtain necessary materials, supplies, labor or permits or governmental approvals
whether resulting from or pursuant to existing or future rules, regulations, orders, laws or
proclamations whether federal, state, county, municipal or otherwise, civil or military; or by any
other causes, whether or not of the same kind as enumerated herein, not within the sole control of
either party that by exercise of due diligence the respective party is unable to, overcome.
8.3. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit
of and shall be binding upon the formal parties hereto and their respective authorized successors and
assigns. No right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any
third party not a party to this Agreement or an authorized successor or assignee thereof, except that,
the Property Owners and their successors or assigns shall be considered third party beneficiaries of
this Agreement.
8.4. Disclaimer of Securit ` . Notwithstanding any other provision of this Agreement,
the County expressly acknowledges (a) that it has no pledge of or liens upon any real property,
any personal property, or any existing or future revenue source of the City as security for any
amounts of money payable by the City under this Agreement; and (b) that its rights to any payments
or credits under this agreement are subordinate to the rights of all holders of any stocks, bonds, or
notes of the City, whether currently outstanding or hereafter issued.
8.5 County Obligations._The County's sole obligations under this Agreement are
to (a) construct the MSBU Facilities described above and convey of these facilities to the City in
accordance with the terms of this Agreement, and (b) pay all City Charges set forth Section 2. of this
Agreement. Following the fulfillment of these obligations, the County shall have no further
responsibilities under this Agreement.
9. Permission to Connect Required - Annexation/Surcharge. The Property Owners,
or any occupant of any residences or buildings located thereon, shall not have the right to and shall
not connect any customer installation to the water or wastewater facilities of the City until the City
has granted approval for such connection. Pursuant to the Transfer Agreement, the City has the right
to condition connection approval upon, at the option of the Property Owners, either (A) the payment
of a surcharge as authorized by Section 180.191, Florida Statutes, or (B) by agreement to be
voluntarily annexed into the City upon the determination to do so.
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10. Consent to River Hammock MSBU Upon Annexation. The parties
acknowledge that annexation of the River Hammock MSBU into the City will result in the existence
of a St. Lucie County municipal services benefit unit within the jurisdictional boundary of the City.
Accordingly, the City agrees that if it intends to annex the River Hammock MSBU (or any part
thereof), into the City it will include within the appropriate annexation ordinance a statement that the
City consents to the existence of the River Hammock MSBU within the boundaries of the City
pursuant to the provisions of Section 125.01(1)(q), Florida Statutes.
11. Covenant Not to Engage in Utility Business. To the extent not in conflict with the
Transfer Agreement and provided that the City has not defaulted under the terms of this Agreement,
the County, as a further consideration for this Agreement, agrees that it shall not (the words "shall
not" being used in a mandatory definition) engage in the business of providing water or wastewater
service to the River Hammock MSBU during the time the City, or its successors and assigns,
provides water and/or wastewater service to the River Hammock MSBU, it being the intention of the
parties hereto that the foregoing provision shall be a covenant running with the land. Under said
provision and also under other provisions of this Agreement, the City shall have the sole and
exclusive right and privilege to provide water service to the River Hammock MSBU and to the
occupants of each residence, building or unit constructed thereon.
12. Reservation of Capacity. The County, on behalf of the Property Owners, has
reserved 23 ERC's for water service (the "Reserved ERC's") for the 23 properties in the MSBU.
Provided the County (a) complies with all the terms and conditions set forth in this Agreement, and
(b) complies with all the provisions of the City's applicable Ordinances, as the same may be
modified or amended, each Property Owner shall have the right to utilize one of the Reserved ERC's
upon connection to the City's water systems without payment of additional charges to the City.
13. Entire Agreement: Amendments: Applicable Law. This Agreement supersedes all
other previous agreements or representations in effect between the County and the City and made
with respect to the matters herein contained. No addition, alteration or variation of the terms of this
Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless
such additions, alterations, variations, or waivers are expressed in writing and duly executed by both
parties This Agreement shall be governed by the laws of the State of Florida.
14. Notices. Any notice, report, demand or other instrument authorized or required to be
given or furnished hereunder shall be deemed given or furnished (i) when addressed to the party
intended to receive the same, at the address of such party set forth below, on the date hand delivered
at such address, or (ii) three (3) business days after the same is deposited in the United States mail as
first class mail, postage paid, return receipt requested, whether or not the same is actually received by
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such party, or (iii) on the first business day following delivery of same to an overnight courier, as
evidenced by the sender's copy of the bill of lading issued by such overnight courier.
Any parry may change the address to be used for notification purposes hereunder by
providing written notice thereof in accordance with the terms hereto to the other parties.
If to County:
St. Lucie County Administrator
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
If to City:
City Manager
121 SW Port St. Lucie Blvd
Port St. Lucie, Florida 34952
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
St. Lucie County Engineer
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
With a copy to:
City Attorney
121 SW Port St. Lucie Blvd
Port St. Lucie, Florida 34952
15. RecordinEo of Agreement. The City, at the County's expense, shall cause this
Agreement to be recorded with the Clerk of the Circuit Court of St. Lucie County, Florida.
16. Effective Date. This Agreement shall be effective upon filing with the Clerk of the
Circuit Court of St. Lucie County, Florida, in accordance with Section 163.01 (11), Fla. Stat.
17. Venue. Venue of any action to enforce the terms of this Agreement shall be in St.
Lucie County if filed in state court, and in the Southern District of Florida if filed in federal court.
18. Aureement Not Waiver. No acknowledgment, recognition, operative term, or other
provision of this Agreement shall operate as a waiver by either party respecting the subject matter of
such provision generally and apart from water services to the Properties, nor shall any such prevision
be binding upon the parties or construed as precedential in any subsequent transaction between the
parties respecting water services to other real property.
19. Binding Aereement: Assignments by the Couniv This Agreement shall be binding
upon and shall inure to the benefit of the County, the City and their respective assigns and successors
by merger, consolidation or conveyance. The rights held by the County under this Agreement shall
not be sold, conveyed, assigned or otherwise disposed of by the County without the written consent
of the City first having been obtained. The City agrees not to unreasonably withhold such consent.
20. Survival of Covenants. The rights, privileges, obligations and covenants of the
County and the City shall survive the completion of the work by the County with respect to
completing the water facilities and services to any phase area and to the Property as a whole.
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21. Severability If any part of this Agreement is found invalid or unenforceable by any
court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the
rights and obligations of the parties contained therein are not materially prejudiced, and if the
intentions of the parties can continue to be effected. To that end, this Agreement is declared
severable.
22. FinancinjZ. The County's obligations under this Agreement are subject to and
conditioned upon the County successfully closing the MSBU Financing. In the event the County
does not successfully close the MSBU Financing, the County may terminate this Agreement by
written notice to the City.
IN WITNESS WHEREOF, the parties have caused the execution of this Agreement, with
the named exhibits attached, to be executed in several counterparts, each of which counterpart shall
be considered an original executed copy of the Agreement.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
DEPUTY CLERK CHAIR
APPROVED AS TO FORM AND
CORRECTNESS
COUNTY ATTORNEY
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ATTEST:
DEPUTY CLERK
APPROVED AS TO FORM AND
CORRECTNESS
CITY ATTORNEY
CITY OF PORT ST. LUCIE, FLORIDA
BY:
25048/040/01411797.DOCv2 B-9
MAYOR
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this day of ,
2018 by , as the Chairman of the Board of County Commissioners for
St. Lucie County, Florida, a political subdivision of the State of Florida who is personally known to
me.
Print Name:
Notary Public, State of Florida
Commission No:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me this day of ,
2018, by , as the Mayor of the City of Port St. Lucie, Florida, a
municipality organized under the laws of the State of Florida, who (check one) _ is personally
known to me, _ produced a driver's license (issued by a state of the United States within the last
five years) as identification, or _ produced other identification, to wit:
Print Name:
Notary Public, State of Florida
Commission No:
My Commission Expires:
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