HomeMy WebLinkAboutFPUA, Utility approved paperworkFPUA
GOMMUNI I Y PROUD
C�
A
February -, 2019
Rhonda Rowe, Manager
Rernar Homes Morningside, LLC,
3275 SE Ocean Blvd.
_ X96
Jlld �.tl L, Fr'U7__ .D
Bµa, YJ Jl3
`WBJECT- MorningMde Phase i A Manned Unf h: DovMopr ent QPUD�
Dear Tie. Rowe,
-.�r i- ..
As requested, Fort Pierce Utilities Authority (FPUA) would like to cernfiron the availability of
water and wastewater service to the above -referenced deavelopr Pnt. Capacity for this phase of
the development is delineated in the attached "Water and Vi asi<ewater Supply Agreement
Amendment" dated November 7, 2027 and is currently available at FPUA's Water Treatment
Plant and Water Reclamation Facility.
Availability would be contingent upon the completion of construction of the required
infrastructure and payment of the applicable fees and charges, Please visit our website at
wwWyv jptw,(_r,rr7 to review developer requirements, specifications, details, fees, etc.
Should you have any questions please contact Richard James Carnes at (772) 466-1600
eut.34.72.
Sincerely,
James Leland Carnes
Supervising Engineer W/WW Engineering Department
FPC.04� 1 V P R0 UD
2018
pl- v i:.-.slhr- is '3
Adas
Reliable Public to work
ST LUCiE COUNTY
Power Provider
Prepared by and Return to;
Fort Pierce Utilities Authority
Attn: R, N, Koblegard, III
C'ni lrthnug- [iiiii '145
Revised ?2-02-2027
,EVA a R -^.AND 13l . S: CL"I "UPWV A°'3Rto:,EE.l7i:fil'.', :-`.iEi�`�`d �G5IG1'J C
THIS AGIs°l:ENIENT AWIENQ VENT (herein referred to as `r n icndiiEciit") Is made and
entered into this day of _� ?��'!'�' �'�E-'/ - 2017, by and between FORT NERCE
UTILITIES AU_MOR1 i G (hereinafter referred 'to as "s'PUA"), and RENAR HORAES (POO ;NINGSIDE),
LL (hereinafter referred to as "Customer"), and CulPePPer Tenaening; Inc. hereinafter
referred to as "Project Engineer"). The Project name is ivlORN INGSIDF hereinafter referred to as
the "Project"),
WiT NESSE`i H:
WHEREAS, FPUA is the governing body authorized to enter into agreements relating to
the use of water and wastewater supply to the City of Fort Pierce; aad
WHEREAS, the Customer owns property located in St. Lucie County, Florida, through a
�uitclairn Assignment as more fully described in E7ahNt A attached hereto and made a part
hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating
continued development of the Project; and
WHEREAS, FPUA has deternnined that it is in the best interests of FPUA, Its customers and
the City of Fort Pierce to modify the terms and conditions of the original water and wastewater
supply agreement described in Exhibit B; and
WHEREAS, the Customer has opted to utilfze the Capacity Feduction Option whereby the
present Guaranteed iRevenue Charge (.G -RC) debt vEdill be olizet by the Initial capacity credits
allocaW to the project pursuantto the provisions of ExhfMt B, described in E;g6 ibk D and fully
described below. Remaining capacity allocations will be addressed belovv.
W. HEREAS, the customer agrees that upon execution of "Jis Amendment-, ail te'rmos adze
conditions of E;xhilrii' B, �hdll be superseded by this Amendment ant= new supply agreements will
be regWred for future phases of the Project.
NOW, THEREFORE, for and in consideration of these prep-13as, the mutual undertakings
and agreements herein contained and assumed, the Custou-ner, Engineer, and FPUA hereby
covenant and agree as follows:
.t, i he foregoing statements are ts,ue and correct.
Project C'aparRy - (Fully described in Exh!M DJ
Page 1 of 11
VVater - The customer requires an allocation of 126 Nater Equivalent Residential
Connections (hereinafter ERCs) to complete Phase 2A of Che Project at 300 gallons per
day and the customer has 49.71 water ERCs currently entitled with the development
(based on payment of outstanding CRCs by the Capacity °eduction Option), Therefore,
the custoirner has a water ERC deficit of 76,29 water ERCs to complete this phase,
it air _ _ _ my al inn., D
'LIU c9;����3ci'S�r Tile l.l',s �.,.1i" r -quires ail arii)�.u'lioii U7 d+^�'Si Vl':a�«-�JHai i LI' 3 u'L LSV ba i:Jiis
per day and the customer has 195,94 wastewater PC's currently entitled with the
aIevelopment (based on payment of outstanding CRCs 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 has elected to pay for deficit ERCs, at presei,,t day rate, on an as needed
basis (upon request to conned homes to FiPCUA's facilities). In the event these allocations
are found to be insufficient at any tune, 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 Systeme prepared by Culpeoper & Terpening, Inc. and
submitted and accepted by FPUA.
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 either'there is no mortgage or Men on the property or that any mortgage
or lien holder has properly executed a Consent and Joinder of Mortgagee/Lienholder, The
title policy or letter trust be issued within thirty (30) days of the execution of this
Amendment by FPUA.
v, V roDect Engilneer - The Customer shall retain a registered crofessional engineer ("Project
Engineer") to perform 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 :PUA's water and wastewater
systems,
Page 2 of 11
P
y, Easements e The Customer hereby grants and gives to FPUA the exclusive right and
privilege to own, maintain, operate and expand the potable water and wastewater
facilities in, under, upon, over and across the preseti 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 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 pari of the
Property which FPUA reasonably requests for the maintenance, operation or expansion
of the hn,-2ble `ester 2n i n��cYotn �in� f?.^Ijii j�c7 it �: ivy �.hn a i��t FPI�4 i� rarlI-qured or
desires to install any of its potable water and wastewater' facilities in lands within the
Property lying outside the streets and easennent areas described above, then Customer
or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the
necessary easement(s) for such installation, which ease rrerit(s) shall be recorded in the
Public Records of St. Lucie County, Florida; provided, all such installations 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 written approval from FPUA prior to
installing any structure or object, including, but not limited -to, 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 wrich 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 pori on of the Property affected
shall immediately remove the encroachment from the easement upon the request of
FPUA at Customer's or successor owner(s)' sole cost End expense. If Customer or
successor owner(s) fall 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 easel lent, 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 attorney at the time of execution,
o. CC',oWs'erIAGCon e The Customer and Project Einginener 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 and specifica'tioris Is Valid for one vear from the
date of approval. FPUA reserves -the right to require ths resubi7ittal of the design
documents, plans and specifications if construction of the project has not commenced
within six months. The accepted design documents wrlli sewe as a basis for construction
of the System. The Customer will solicit bids and negotiate a contract for construction,
subject to evaluation, renew and approval by FPUA. FPUA will also have the right to
review and approve the acquisl€ion and installation of ma',erials. 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 rr;aterials. In the event that the
Proiect is to be constructed in phases, the u tnmpr- ari=a Project Englneer Shall furnish a
complete set of phasing plans for review and acceptance by FPUA. FPUA may not allow
phasing or may require modification to the subi-nitted phasing piaci to ensure that no
Yio'+-.--!.e elle t: a.- place 1i �; r� the I — U'11aT'c'r Or vv a$tc"vv aier ;y,tetii.
"o" `.. effects
9. Subirnktalls - 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.
M Record Drawings - Preparation of accurate record drawings, including all items set forth
in FPUA Standards ;ne r th n; i -hr- c a re,,; °Iii•
_ .. 0_a 1. _. _.- .- a, d _r __if!__`. '.._, 9 I. SO _�.., L, nSib i�.y '"v'; ".- Gruje�T �rigon�-.�: r.
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, �,Othhold services and/or file a
notice with the Florida Board of Professional Engineers,
IL FPUA Inspections - During construction of the System, FPUA may from time to time
inspect such installation to determine compliance with the plans and specifications,
adequacy of the quality of the installation, and further shall be entitled to perform
standard tests for pressure, infiltration, line and grade, 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 FPUdi upon completion of construction.
12. Project Engineer IInspecctions - 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 mei during construction. Inspectors must meet
mini=nurrn cual3Vicsicions as defined in FPUA Standards and Specifications.
13! 7r_ psfrer [f Syctarrn fin MIlA - Customer and Project Engineei L"vlAl provide final cost 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 System for operation
and maintenance purposes. Such conveyance is to tape Effect ippon 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 tc- 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
System nd and prior to receiving a meter(s) from FPUA, the Ci:storner shall convey to FPUA
all easements and/or rights-of-way covering areas in which, potable watei and
wastewater lines are installed by a recordable document in a Farm 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 ovned by FPUA. The Customer,
through its counsel, will certify that the Customer has the right to convey such easements
nY riahtC_nf-LA1n%J mrnrl rirb•;-h?r certifying FP 13's right to the MrItinuinaig enjoyment of such
easements or rights-of-way for those purposes as set forth in this Amendment,
14. WarrrantV— All parties understand that substantial portions of the System were installed
and not properly certified for operation through FDEP between 2005 and 2010 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, nhaterials or ins aliatfon 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 warrairty 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.
is. Ownewshipa of SvIstem - The Customer agrees with FPUA that all potable water and
wastewater facilities conveyed to FPUA for use in connection with providing potable
water and ,va-ste.Amter service to the Property shall at all times 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, claire
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 residence or building constructed
thereon.
16. Maters - The customer or its successors in title will be assessed the meter charges and
deposits at the time the Customer is connected to the facilities. Customer agrees to notify
purchaser of lots, if applicable, of the provisions of this paragraph.
Gum,anteed Reveijue Charges - Annual Guaranteed Revenue Charges (GRiCs), as
described in the current FPLiA Resolution, will be assessed -to all units not connected to
water/wastewater services within one (1) year- from) th_ date of execution of this
Amendment signed by FPUA. Failure to promptly pay FPLC, invoiced GRCs is cause for
Termination, Customer agrees to notify purchaser of Gots, F applicable, of the provisions
of this paragraph.
Page 5 of 11
M. Anne>laUmi Agreemient or Evidence Thereof -The Custoil'eErshaII, simultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as Evhibii'T' providing that the Property will be annexed into the city limits of
the City of Fort Pierce, Florida, ,A�,henever such annexation may legally occur. The
Cut ov fl; ,h.ei- agrves !Itself, i that .,ill sign - ii
s.omw r_ ,_. .,g. a, fir ri5 successors arid doss ri 5, LI at is will o-ri'y' da`i° ar
necessary documents to effectuate the annexation upon re nest Of
the City of Fort Pierce
or FPUA. T he Customer waives any and all objections to such annexation by the city of
Fort Pierce and agrees nhdLihis aLucui.e ii, along with the Annexation A% reerlent fl the
form attached hereto as;aiaiit `°F' shall be construed to satisfy requirenneiits of lauv for
consent or approval of such annexation now or hereafter required. In the event that
individual lots are sold, the Customer shall be responsible for informing 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 zees, recording fees, etc. for Annexation
Agreements shall be paid for by the Customer directly to rPUA's attorney at the time of
execution.
19. Terminaflan - The Customer can terminate this Amendment by written request at any
time. With a minimum 30 -day written notification, FPUA ma-,'/ 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 Charges, The refund calculation
applies only to Capital Improvement Charges for unconnected units at the time of
termination. The Customer shall be entitled credit for any � uaran•teed 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 she Florida Department of
Environmental Protection Permit. If construction of the Project has not commenced
within five years of the date of execution of this Aineiidmeiit by the partles, the
Amendment will be automatically terminated, the provisions of this Amendment shall be
null and void and funds shall be disbursed based upon the fovmuia stated previously in
this section.
20, FPUA ell'' cgu9 a ibis e N- obvithstanlding any provisions in tU"Ids Amendmen , FPUA may
establish, revise, emodify and enforce rules, regulations ane fees covering the provision of
potable water ant! wastewater service to the Property. Such, ruses; regulat1nnS and fees
are subject to the approval of FPUA, and will be reasonable and subject to regulation as
may be provided by law or contract.
21, Notices - All notices provided for herein shall be in writing and transmitted by mail or by
courier, to the parties as set forth below:
Page 6 of 11
FPM
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 -Mail: 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 foractions 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 WITNESS Vt HEREvr, the C:ustonner, Project Engineer and FPUA have executed or
have caused this Arrt•endmerlt to 'M duly executed in several counterparts, each of which
counterpart shall be considered an original executed copy ofthls Arm-ndrnent,
witn e°ses:
SRgnature of Project [:r gkeer
Signature of vv'itnass,
Printed (Marne of Witness
Htg6i.%—, lf, VV i......a
Printed Name of Witness
signature of Witness
Printed Name orf Witness
(FP VI A)
sTATE of F4,QRibA
COUNTY OF )-7
rA.,itF fr En%r�i.,itr,ITf£Sh? `iirCnrTY
C.hairmari-Signature & pylnt,4 Name
Secretary -Signature 4 Printed (dame
wig.... F W 0 f y..Gu.:..
i"iT�Lu.�:' %S ' j,'rA Jl��er
r�
Printed Name of Custov,,,Ar
46
SRgnature of Project [:r gkeer
it -1
Printer Nme o, Projekt Englneer
The Foregoing I5istrument was acknowledged me this / day of
//J y- by lo..' '-ll e, L-4
on behalf of Fort Pierce utilities Authority, who are- persoy "Al krICIMI to rine,
&f _.
Signature of 1'40tar! {-77
rio.pj 1C1Y&rayjj�l-M�
RES: Auuusr 1a, 9-91D
•�,,�tg4r Ch�:,mruNa4�>yt'Ohle9lndem;Gist's
Page 9 of 11
STATE OF FLORIDA
COUMY OF_ Y�'ilt{'g'�
Ti e farPlaf3ing 1 strtHmerit trans, ackno'v'iledged before it38 ',his _11
�(1G0 L�taj the
��. r }air i'� �1 F;Y_i,i ?7' v t14�-+ : r ivt m i5 the
tiie Custornar,
On bellaif of said conipany. rie Ise' iiY Imovin 4o me,
Sil;tl2.i Lire of f\ obl'y
¢l: n•:.. ,.rt a..c,t:..r, f�3, al9NilI=U�
1 �. • '1fl•,•..I:i �.lUpl7� t�.�jl�47c'���
° dt{pt qia' ��/!'11',ay'ulSprilU+i°Z02�
s'Pro
feet EngIaaer)
STA'T'E OF FLORIDA
COUNTY OF
PQ i:ecl IVgITq afhlotar,
PMy COMMISSON If GQQ878J_*a.
�np1f��8?,p1114 e20P1
r
The ioregoinG, InStrLI Pat Wes acknoWled eel ioeFore rr e This r td ria;a of
who Is the
�� �} � �L �.:1 �. t C(1 r✓ +'_:j" o� � t i% h,� f_, t1`7'�117P= tj �" �.� �`'"��[l r r'C �r
Project Engkieer, on behalf of said componY.(! ,?,ohezjs personally known 4o me. --j
Signature of Notary
Printed Name of [4otlary
Page 10 of 1.1
QUA ANA COMM
sJb4M158MN # 0GO34882
M'!RIPS ociabe; 26, 2320
Page 10 of 1.1
List of Exhibits:
Attached NA
❑ ❑ A Quitclaim Assignment (including legal description)
I I B Palmi Breezes and Sunnyland Farrns Original Supply Agreement
❑ u
❑ C Joint Notice Document Execution —ERC Credit Allocation; Centex
f-lornies and Sunnylai id Farms, ILLC
❑ ❑ D Capacity Reduction Option Worksheet
FX I ❑ E Utilities Assignment Agreement dated May 17, 7005
❑ F Annexation Agreement
u
Page 11 of 11