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HomeMy WebLinkAboutWater agreement paperworkPrepared by and Return to: Fort Pierce Utilities Authority Atte: R. K Koblegard, III Cotirthousa r",ox 14S Revised 11-02-2017 AV n Si A3''. C4bA1. C9 J 1114.E THIS AGREEMENT A941iEPii<, _�E��T (h" ii referred to as '`Asn---ndiie€nt is made and ei N, entered into this / day of _ ;') 1-C- , 2017, by and between FORT PIERCE U iL9 i ILS AUT-HOR iT (hereinafter referred to as "TPUN"), and FiENAR HOrWES (iJac:rF;NINGSiDEi, LLC, (hereinafter referred to as "Customer"), and Culpepper 8: Terrerring, Inc. hereinafter referred to as "Project Engineer"), The Project name is [VIORNiNGSIDt hereinafter referred to as the "Project") WITNESSETH: 1131€lEREAS, FPUA is the governing body authorized to enter into agreements relating to the use of wafer and wastewater supply to the City of Fort Pierce; and WHEREAS, the Customer owns property located in St. Lucia County, Florida, through a Quitclaim Assignment as more fully described in Eithibit A attached hereto @nd made a part hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating continued development of the Project; and WHEREAS, FPUA has determined that it is in the best interests of FPUA, Its customers and the City of Fort Pierce to modify the tennis and conditions of the original water and was'tewa'ter supply agreement described in Exhlbi-u B; and 11 HIEREAS, the Customer has opted to utilize the Capacity Peduction Option whereby the c_ present Guaranteed Revenue Charge .0 '% will debt be CItiSeE b)' the I'i11tIaCapacity credits allocated to the project pursuant to the provisions of Exhlubit B, described In EAlf©Ut D and fully described below. Remaining capacity allocations will be addressed be!t�vv. 'WHERFAS, the customer agrees that upon execution of I is Arnetfdrrley{L, a99 terms and conditions of Exhlbl!: B, n+i11 be superseded by this Amendment ant<rlew supply agreements will be required for future phases of the Project. MOW, THERE FO !Rff, for and in consideration of these premises; the mutual, undertakings and agreements herein contained and assumed, the Customer, -Engineer, and FPLIA hereby covenant and agree as follows: The foregoing statements are true and correct. Project CanwrUy - (Filly described in Exhibit DJ Page 1 of 11 Water - The customer requires an allocation of 126 'Nater Equivalent Residential Connections (hereinafter ERCs) to complete Phase 2A of the Project at 300 gallons per day and the customer has 49.71 water ERC°s currently entitled with the development (based on payment of outstanding GRCs by the Capacity Reduction Option'). Therefore, ihe customer has a water ERC deficit of 76.29 water ERCs to complete this phase. !YVar, elafa,-� Y -'r- cus,. ,.-nme requi e5 I _ A 6 vin Pn :.,. 2nn- B 1 u'1i ..i li Lli.d Lioii Ui � L?"f�c' 1Lc. �f/a, i I:.1" 3 ciL 41iu sal iiliiJ per day and the customer has .195,94' wastewater ER('c currently entitled with the development (based on payment of outstanding GRCs by the Capacity Reduction Option). Therefore, the customer has a wastewater surplus of 69.94 wastewater ERCs that maybe allocated to future phases of the project. m The customer Inas elected to pay for deficit ERCs, at present day rage, on an as needed basis (upon request to connect homes to FPIUA's facilities), in the event these allocations are found to be insufficient at any time, Customer will be liable for any and all fees, including, but not limited to, Capital improvement Charges required for the additional demand. System - The Customer, FPUA and the Project Engineer have determined that the following facilities (hereinafter "the System") are required to serve Phase 2A of the Project, onsite water distribution and wastewater collection system, in accordance with the approved plans for the System prepared by Culpepper & Terpening, Inc. and submitted and accepted by FPUA. a, Permits - FPUA will sign FDEP general permits for the Phase 2A of the Project when the utility construction plans are reviewed and approved by FPUA and when all applicable terms and obligations of this Amendment have been met by the Customer, Title - Upon execution of this Amendment, the Customer, at its expense, agrees to furnish FPUA 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 will be required to execute a Consent and Joinder of Mortgagee%Lienholder in a form approved by FPUA counsel, subordinating its mortgage or lien to the utility easements contemplated in the foregoing Amendment. The Customer must either submit •a title policy or a letter from an attorney licensed to do business in Florida confirming that elther'there is no mortgage or lien on the prciaerty or that any mortgage or lien holder has properly executed a Consent and Joinder of iviortgageejLienholder. The title policy or letter must be issued within thirty (30) days of the execution of this Amendment by FPUA- 6. V roject Engineer - The Customer shall retain a registered professional engineer ("Project Engineer") to perforin all duties defined by this Amendment, The Project Engineer shall adhere to all -FPUA Standards and Specifications provic.-d to the public by FPUA in reference to construction of utilities and connection to =FDA's water and wastewater systems. Page 2 of '1_1 n 7. Easements e The Customer hereby grants and gives to FPUA the exclusive right and privilege to own, maintain, operate and expand the po�able water and wastewater facilities in, under, upon, over and across the prese,it aiid 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 Amendment, dedications or grants made otherwise and independent of said record plats. Customer hereby further agrees that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which FPUA reasonably requests for the maintenance, operation or expansion Of the r�nfo �;ln ��iataf ?nrI tinl�cio�nlatar fa^ijii-jpsthat in rE�c event FP is reryi�irn� or desires to install any of its potable water and wastewater facilities in lands within the Property lying outside the streets and easement areas described above, then Customer or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the necessary easements) for such installation, which easerrent(s) shall be recorded in the Public Records of St. Lucie County, Florida; provided, all such instaliations.by Utility shall be made in such a manner as not to interfere with the then primary use of the Property. Customer or the successor owner(s) shall obtain writter: approval from FPUA prior to installing any structure or object, including, but not limited tc, fences, gates, signs, trees or poles, within an easement area. In consideration of FPUA's consent to an encroachment, Customer or the successor owner(s) shall agree to indemnify and hold FPUA harmless from and against all liabilities or damages .which may be imposed upon or asserted against FPUA as a result of or in any way connected to an encroachment approved by FPUA. In the event FPUA determines that it is necessary to construct, maintain, repair, remove or replace any of its -facilities located under, over or upon an easement, the Customer or successor owner(s) of the portion of the Property affected shall immediately remove the encroachment from the Easement upon the request of FPUA at CLIStOrmer's or successor owner(s)' sole cost and expense. If Customer or successor owner(s) fail to remove the encroachment, FPUA shall have the right to remove the encroachment from the easement. Customer shall pay all costs incurred by FPUA related to removing the encroachment from the easement, All easements shall be prepared and recorded by FPUA's attorney. All preparation, recording fees, etc. for Easements that are for the benefit of the Customer shall be paid for by the Customer directly to FPUA's attornev at the time of execution. Canstructuow e The Customer and Project Engineer shall furnish a complete set of design documents, plans and specifications of the System for review ,and acceptance by FPUA. Approval of the design documents, plans ands ecificatiors is valid rot one year arro:m the date of approval. FPUA reserves the right to require the resubri,ittal of the design documents, plans and specifications if construction of the project has not commenced within six months. The accepted design documents will sewe as a basis for construction of the System. The Customer will solicit bids and negotiate a contract for construction, subject to evaluation, review and approval by FPUA. FPUA will also have the right to review and approve the acquisition and installation of materials. If FPUA determines there are deficiencies in the contract documents, materials or installation of materials, Page 3 of 11 the Customer and the Project Engineer agree to take appropriate action to correct the deficiencies, The review and evaluation of bids or contract documents by FPUA will not relieve the Customer or Project Engineer of any responsibilities and liabilities for defects in said contract documents, materials or installation of materials. In the event that the Project is to be construe -ted in phi the i ! tome an P ro eci Engineer shall sir• furnish - _ 4. �e�, _l:_, ...a5 _ -r and rf •J__ � f �� ni�� complete sef or' phasing plans for review and acceptance by FPUA. FPUA may not allow phasing o'r may require modification to the subi-nitted phasing pian to ensure that no negoative effect: are piar,_e'vva N' on the FPUA water or wast '`ey s sms to ---•-- - � iwkill. 91 SubrwMals - Customer and Project Engineer will furnish to FPUA accepted shop drawings; change orders, Project certifications, record drawings and reports of construction inspection by a FPUA-approved inspector. FPUA reserves the right to withhold connection or certification of any facility if any item is found to be in nonconformance with FPUA Standards and Specifications. 10. Record Drawiings - Preparation of accurate record drawings, including all items set forth Irl PPI 'A St � i iii? s'pea � ii"' i_ !.._ iznL r cin lr;S; o ti e Pro; -C+ Lnroncc r. 41.. __an a_a_i.s and _r_: fi ca'io .�, Ll � _ .+l...v. hnisi., v n 'vJ- S 115E Record drawings, signed and sealed by the Project Engineer, must be provided in accordance with FPUA Standards and Specifications. Should major discrepancies or deficiencies be discovered at any time during record drawing process (as defined in FPUA Standards and Specifications), FPUA may, at its discretion, kvithhold services and/or file a notice with the Florida Board of Professional Engineers, FPUA Inspections - During construction of the Systems, FPUA may from time to time inspect such installation to determine compliance with the pians and specifications, adequacy of the quality of the Installation, and further shall be entitled to perform standard tests for pressure, infiltration, line and grade, anc all other normal engineering tests to determine that the system has been installed in accordance with the approved plans and specifications. Completed record drawings, including hard copy and electronic media when utilized, will be submitted to FPU181 upon completion of construction. ��. project Englineer Inspecci lens - In addition to FPUA inspections, the Project Engineer shall provide a qualified utility inspector to ensure that the approved design is adhered to and FPUA Standards and Specifications are met curing construction, Inspectors must meet rnir113riLIM qualiitications as defined in FPUA Standards and Specifications. 1 yraVIISfrer Graf Sy_,te.[M to ,Cp1� m Customer and Project Engineer L"11p1 prGu'Id? final CCSt and quantities to FPUA prior to FPUA's acceptance of the Systern. Upon acceptance of the System by FPUA, FPUA hereby agrees to accept ownership of the Systema for operation and maintenance purposes. Such conveyance is to taste ef`act upon the acceptance by FPUA of the installation, without further action by FPUA or the Customer, As further evidence of the transfer of title, upon the completion of th, installation and prior to the rendering of service by FPUA, the Customer shall convey to ;FPUA by Bill of Sale, in form approved by FPUA's counsel, the complete on-site and off-site potable water distribution Page 4 of 11 and wastewater collection system as constructed by Customer and approved by FPUA. along with documentation of' Customer's costs of constru_tion and Customer's No Lien Affidavit, in form approved by FPUA's counsel, Subsequent to the construction of the Systern and prior to receiving a meter(s)`from FPUA, the Custorner shall convey to FPUA ail easements and/or rights -of -inlay covering areas in 'fvI nich putable water and wastewater lines are installed by a recordable document in a Form supplied by FPUA. The Customer shall not have any present or future right, title, claim or interest in and to the potable water and wastewater facilities transferred to or ovrneci by FPUA. The Customer, through its counsel, will certify that the Customer has the right to convey such easements nv riaMic_nf_nn1-1 and f,irther certifying FPl lA's right to the continuous enjoyment of such easements or rights-of-way for those purposes as set forth in this Amendrnent, 14. Warranty— All parties understand that: substantial portions of the Systern were installed and not properly certified for operation Through FIDEP between 2005 and 2030 and therefore the useful life of said System may be reduced. The Customer agrees to assign to FPUA a three-year warranty for the System, warranting that the System is free of defects including deficiencies in or"failure to the design, rnateriais or iosLaiiation or any other failures That may be attributed to the System sitting dormant. The warranty will begin on the date of final acceptance by FPUA. The warranty will provide, among other things, that the Customer will, upon notification by FPUA, correct any deficiencies as soon as possible or reimburse FPUA for any work performed by FPUA to correct the deficiencies. 1s. Ownership of SVstam - The Customer agrees with FPUA. that all potable water and wastewater facilities conveyed to FPUA for use in connection with providing potable water and `,rJastetuvater service to 'the Property shall at all "tunes remain in the complete and exclusive ownership of FPUA, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have any right, title, claim or interest in and to such facilities, or any part of them, for any purpose. In addition, FPUA shall have the exclusive right and privilege to provide potable water and wastewater services to the Property and to the occupants of each resilience or building constructed thereon. 16. Matters - The Customer or its successors in title will be assessed the meter charges and deposits at the time the Custorner is connected to the facilites. Custorner agrees to notify purchaser of lots, if applicable, of the provisions of thiis paragraph. 37. GuamntQed Revenue Charges - Annual Guaranteed Revenue Charges (CRCs), as described in the current FPUA Resolution, will be assessed to all units not connected to waterjwasteviater services within one (1) year from the date of execution of this Amendment signed by FPUA. Failure to promptly pay FPUA invoiced GRCs is cause for Termination. Customer agrees to notify purchaser o'f lots, F applicable, of the provisions of this paragraph. Page 5 or 11 18. Anaeuafti Agreement of Evidence Therreof - The Customer shall, simultaneous with the execution of this Agreement, execute an Annexation Agreement in the form attached hereto as Exhibit 'T' providing that the Property will be annexed into the city limits of the City of Fort Pierce, Florida, whenever" Such arinexaIlon. may legally occur. The Customer further agrees, t G'`i Itself, its SUcreSSorS affil assigris, that it. will -s!'n tiny wuid ail necessary documents to effectuate the annexation upon request of the City of Fort Pierce or FFUA. Tile Customer waives any and all objections to such annexation by the City of I or L r ic11-caieu dgrccS iiidt i.iI1J iavcuineiit, along with the iknllexalloll iigreellleltll in tie form attached hereto as Exhibit `F", shall be construed to sa tisfy requirements of law for consent or approval of such annexation now or hereafter required. In the event that individual lots are sold, the CUS$orner shall be responsible "GrInforming the purchasers of such lots, in writing, that these lots are subject to the terms of annexation into the City of Fort Pierce as defined in this Amendment. All Annexation Agreements shall be prepared and recorded by FPUA's attorney. All preparation fees, recording" fees, etc. for Annexation Agreements shall be paid for by the Customer directly to FPUA's attorney at the time of execution. 19. Ter minauion - The Customer can terminate this Amendment by written request at any time. With a minimum 30 -day written notification, FPUA may terminate this Amendment due to Customer's failure to pay GRC invoices. In the event of termination by the Customer or FPUA, the Customer shall be entitled to a refund of an amount equivalent to one hundred percent (100%) of the Capital Improvement Charges that were allocated to the Project at the time of execution of this Amendment, without interest, minus an amount equivalent to five years Guaranteed Revenue Chanes. The refund calculation applies only to Capital Improvement Charges for u*nconniected units at the time of termination. The Customer shall be entitled credit for any � uaranteed Revenue Charges already paid at the date of termination. Termination will also result in the forfeiture of reserved capacity and may result in cancellation of the Florida Department of E=nvironmental Protection Permit. If construction of the Project has not commenced within five years of the date of execution of this A.Tieridment by the parties, the Amendment will be automatically terminated, the provisions of this Amendment shall be null and void and funds shall be disbursed based upon the formula stated previously in this section. 20. MUTA R'ogullaUan - Notwithstanding any provisions in this Ai(Y8endmeM, FPUA may establish, revise, rnodify and enforce rules, regulations anc fees covering the provision of Potable water and wastewater service to the Property. Such rules, regulations and fees are subject to the approval of FPUA, and will be reasonable and subject to regular ion as may be provided by law or contract. 21, HoNces - All notices provided for herein shall be in writing and transmitted by mail or by courier, to the parties as sell forth below: Page 6 of 11 FPUA: John K. Tompeck, P. E. Director of Utilities P.O. Box 3191 Fort Pierce, FL 34948-3191 Customer: Name: Renar Homes (Morningside), LLC Address: 3725 SE Ocean 'Blvd, Ste 101, Stuart, FL 34996-6715 Telephone: (772) 692-7800 Fax: (772) 692-9155 E-iMAH: rhondarowe@renarhomes.com Project Engineer: Name: Culpepper & Terpening, Inc. Address: 2980 S 25th St, Fort Pierce, FL 34981-5605 Telephone: (772) 464-3537 Fax: (772) 464-9497 E -Mail: pferland@ct-eng,com 22. Amendment - This Amendment constitutes the entire Amendment between the Customer, FPUA and the Project Engineer, No additions, alterations or variation of the terms of this Amendment shall be valid, nor can either party waive provisions of this Amendment, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties hereto, This Amendment 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 Amendment is in St. Lucie County, Florida, This Amendment shall run with the property in which it is proposed to serve and the terms of this Amendment shall be considered binding to any assigns or heirs, This Amendment shall be recorded by FPUA's attorney, All preparation and recording fees, etc., for the Amendment shall be paid for by the Customer directly to FPUA's attorney at the time of execution. Page 7 of 11 IN VVI-TMESS WHEREOF, the Customer, Project Engineer and FPUA have executed or have caused this Amendment to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Arnendrrib-lnt. Wltne-sq- Signature of Wltnes5-, z� Printed Name of WItness sr f Wltnez� 6.1, pit C"'61"m Printed Namo of Witness 0 Signature of Witness Printed Name orl Witless (FPUA) STATE OF F' QR& FOrt PIERCEU'I IVIIES AUT MURITY By: Chairman -Signature & -Print 'Name '\X Secretary -Signature 84 Printed Name of Clstorrer kb Cy gild 6, P -b. LfJ Printed Name of Customer Al. SIgnaturd of Project Engineer PrIntel MMe of Project Engineer The foregoing Instrument was acknowledged be_lbrz me this l day of 3I e3 IN by on behalf of Fort Pierce Litilitless Auth Ori"LY., 'Who UO persom"lly krIUMI to Me, Signature of lMotary (7tT 'F, I 0—t L1 MdTbfu 440mOoulq VAIVAOF& Page 9 of 19 I (customer) STATE OF FLORIDA 00UN TY OF Chi rJ v� Al1 ,HA fn-anlr- II.nstraUment ''.'.ate" sc1m.-mvied-ed before m 2 :F;Is _� � day of A_ ID i )r V_i 1 �qY_^ 1 `1 ♦, pn i ,C� ". before 1 'f tE, =_, 7T4F,VE.:31 ✓ v } x...95 :� , who ye oF`i� the i:llstorn-ar, on behaff of seld company. 14, DURY ulty at%of April 04, 2fl2i S'rATV. OF FLORIDA COUNTY OFVii- ..L1 He Lsiiaj Is,peity l;rQ V. is IME. SfbBi'. ur e of Nocer/ Pr .[iU4 V-A_ Plrfi ted Name of blotan: 'A H5, -LE Ar DU Y1A MYGtMMIntoN #GQa73i2 WIRE16'ALn V III l! 0„202i r'C The foregoing Instrt.Imen'c Wes acltivoW@edge�@/ beC©re rrie this 3 cIa}a of Er C tr i by t X { Cr:_� r_ a#G 3 `f�fii �l� _ , who Is the �fl'•C.}� G-1•a� L:7�°°:iCt�-��” o��'t�t�l'��j�1f1i'=1r �' ��?`i��/lir'C-i I•G`�r Project Engkieer, on behaff of said company,(He}Ihe `is personi?IIY RDMA)n to me. _) Signature of Noj Printed Name of fdo asy 4,0 !WyC sEMM158IM6' OGO-.348821. �,0ia:,,c^M�IS GCIoG3E 29, 2�2fl Page 10 of 11 List of Exhibits Attached NA ❑X ❑❑ A Quitclaim Assignment (including legal description) u B Palm Breezes and Sunnyland Farrns Original Supply Agreement ❑� ❑ C joint Notice Document Execution —ERC Credit Allocation: Centex [Homes and SUnnylai u Far I I Ise LLC ❑ ❑ D Capacity Reduction Option Worksheet L E Utilities Assignment Agreement dated May 12, 2005 n ❑❑1 `J F Annexation Agreement Page 11 of 11 IN WrRIESS HEREOF, the Customer, Project Engineer and FPUA have executed or have caused this Aria; numeri't to be duly executed in several counterparts, each of which counterpart shall be considerer! an original executed copy of this Amd crrrisent. v�'ilne^ses: 1l'r`� Signature UT vv tnes.5, f r '1 Printed Name of Witness / c 1: alar o -F' vAJS'-n.ss t+igeluCifi � l%1-�VIi01�.J�i Nv"A PA C"'nfe Printed Name of Witness Signature of Witness ti Printed Name oFWitness (MIA) STATE OF ROR115A / I'VER ri nkilfirYT yHvi6faf{fi� Ghairmari-Signature do Print ivame secretary-slgnature,RA Printed Name vof i.ty3ti7i i�»I Printed P'Nmna of cartom 11, Signahlr of Project Erigirlser �Fft� --� ,..',? l LJ l3 P'r(nteci Nw-ne o9 Ptaject EIngineer The foregoing Instrument was acknowledged be_i"ore mt this � clay of by on behalf of Fort Pierce UtiiitieW Au hoNty, ;rho Bre pars���._ii�r i�raOavi1 to raar, SIgnatcare of Notary (� ;'-;a€`t'-i�^605 Printed -,;r, �l� }�i��s; Auq,ust ta, 2419 �'nyfnrifNO N04myPoWle vndemiders Page 9 of 11 (Customer) $TATE OF FLORIDA COUNIYOF_ The foregoltz8 instri-injent Was :zedn vile gee before ne � .-.�....o Was s='vu....:�n...� ...., t•.. �hlS LL r� the customer, on beellolfofl will corllpaity $$��,�` •fit ���•:.t:ts3�A. MUM u?i �i t;,t;�0783� °eY�21' 40II's o April 04, 2021 STAT'- OF FLORIDA Fie ` 'I I 1 Imov� if�mC-, 5l}�61 $lli 01 Motel"y r Pti6ted Nate ofI,Io€aq mYcommissfcm#GQQ87012, QnPiRM Apfif a';, 2021 , IThe foregoing Instrument was acknowledgedme before e this � r2'� clay of e. 'd 1. , G. L' f lD � C t r�r dtf- i! ` f �ifk � , who 15 the i� f�i r c5 j :ar - Project FnglBleer, on behalf ©fsa'sd company, Ne�(she� is personally itnolwn to me. Signature of Notary Printed Name of PJotary `ORNE �'' ,:e BtdiV ��Jbb9f�f53Fo6�1 �� f3G01AS62 ? -y X- Ocioue; 28, 2o2�i Page 10 of 11 Lost of Exhibits: Attached NA I❑ ❑❑ A Quitclaim Assignment (including legal description) (❑ B Palm Breezes and Sunnyland Fariiis Original Supply Agreement u ❑� ❑ C Joint Notice Document FXecution —ERC Credit Allocation: Center; [Homes and Sunnyland rar iiS LLC ❑ ❑ D Capacity Reduction Option Worksheet ❑❑ ❑ E Utilities Assignment Agreement dated May 12, 2005 F—] F Annexation Agreement u Page 11 of 11