HomeMy WebLinkAboutFPUA , UtitlitiesFPUA
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February 5, 2019
Rhonda Rowe, Manager
Renar Homes Morningside, Li_C.
3275 SF Ocean Blvd.
3 _a13n67
Jalr t�tl L, B-r`�7rBdQ, .DV7 Jl➢
SUWE CT.- n�di or>MnSsWe PhAsse NA Manned Unk Dew0opr ent QPUDII
Lear � S Rowe,
As requested, Fort Pierce Utillties Authority (FPUA) would like to confirm the availability of
vyaterr and wastewater service to the alcove -referenced developr;ent. Capacity for this phase of
the development is delineated in the attached "Water and V/a,steuvater Supply Agreement
Amendment" dated November 7, 2017 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, [Tease visit our website at
www.(��ut3.cE�r>> to review developer requirements, specifications, details, fees, etc.
Should you have any questions Tease contact Richard James Cannes at (772) 456-1600
ect.34.72.
Sincerely,
Jaynes Leland Carnes
Supervising Engineer W/WW Engineering Department
Prepared by and Return to:
Fort Pierce Utilities Authority
Attn: R. N. Ko-bfegard, III
Cnorthcug- o), 145
Revised 11-02-2017
lJ:1! SiYd H/°v3d'�ICL"�A �. Jt'FF6`'; 3 +HIV fiiV1 „V'I" ivirNT
-!'J
THIS AGREEI'VIENT f:NIEltlQVIEPf9 (herein referred to as' 'Am,--ndrnient") is made and
entered into this / day of _1� e0el,1*11)�61A- , 2017, by and between i"Oi-T FIERCE
UTILITIES A&j-o c ORI'l t (hereinafter referred to as''PPU "), and RENAR IJQMIES (ivaOR$ily6SluEh
LLC, (hereinafter referred to as "Customer"), and Culpepper' €< Terpenina, Inc; hereinafter
referred to as "Project Engineer"), The Project name is itdli►,Rl\9IMGSIDE hereinafter referred to as
the "Project")
VATNESSETH:
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; and
WHEREAS, the Customer owns property located in St. Lucie County, Florida, through a
i?uitclaim Assignment as more fully described in E7ch'M, A attained hereto and made a part
herecaf 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 terms and conditions of the eriglnal water and wastewater
supply agreement described in ExhibiI B; and
WHEREAS, the Customer has opted to utilize the Capacity Feduction Option whereby the
present Guaranteed Revenue Charge (.GRCj debt `uvill be offset by the Initial capacity credits
allocated to the project pursuant to the provisions of EuGalbilt B, dascdbed in Exhibk D and fully
described below, Remaining capacity allocations will be addressed below.
W-HERIMS, the customer agrees that upon execution of tl•as Amendment-, all terms and
conditions of EANN B, �.Ndll be superseded by this Arnendment ants new supply agreements will
be required for future phases of the Project.
NO4iis1, THEREFORE, for and in consideration of these prerr.ises, the mutual under takings
and agreements herein contained and assumed, the Customer, -�;igineer, and FPUA hereby
covenant and agree as follows:
The foregoln� statements are true and correct.
R. Project Camar;ty - (Folly described in Exhibit 0)
Page 1 of 11
Water - The customer requires an allocation of 126 water 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 "eduction Option). Therefore,
the customer has a water ERC deficit of 76.29 water ERCs to complete this phase.
it '2p� __rn�,. .-.
'9t1 c9SGl'9 G.e. S I� qui ms an allocation i of dc�SH 'f'Li�L.. V'J❑L�i LP— GL 41iu �GIiL3fi i
per day and the customer has 195.94' wastewater ER('s currently entitled vAvith the
developrrieiit (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 has elected to pay for deficit ERCs, at present day rate, on an as needed)
basis Qupon 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.
Systearn - 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.
4, Permits e 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,
Titie - 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 Bien 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 must be issued within thirty (30) clays of the execution of this
Amendment by FPUA.
uo Project LEngineev - The Customer shall retain a registered professional engineer ("Project
Engineer") to perform all duties defined by this Amendment. The Project Engineer shall
adhere to all .FPUA Standards and Specifications proAc-sd io the public by FPUA in
reference to construction of utilities and connection to =FUA's water and wastewater
systems,
Page 2 of 11
n
7. 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 preseeii 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 Amendmeni, 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 otable venter and facilifles, tha' i- the event FPUA is rerlulmd or
desires to install any of its potable water and wastewate; 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 easement(s) for such installation, which ease merit (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 pproval 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 wNch 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 Customer's or successor owner(s)' sole cost and 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 easerient, 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:
ConstrucCon a 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 or the design documents, plans and specif€catior!s 15 valid for one year frorn the
date of approval. FPUA reserves 'the right to require the resubmittal 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. HUA will also have the right to
review and approve the acquisition and installation of materials. If FPUA determines
there are deficiencies in the contract docurnents, 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 riaterials. In the event that the
Project is to be constructed in phases, the C ustorner and Project Engineer shall furnish .-
complete set of phasing plans for review and acceptance by FPUA. FPUA may not allow
phasing or may require modification to the subrinitted phasing plan to ensure treat no
n.^vati:ie effect: a•re •-Ida,---I on; F p
'O"' - -� �- r"""'-M v th:- Pvfn\ �%aZel of VVaJCe VVaIVi JyJtelll.
9. Submittals - 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 Drawings - Preparation of accurate record drawings, including all items set forth
in ! C 11 t} dialIA Id.s a-- ,p e?.ifi�.�an:i4"ij, a M— --1- ���n�nsii+NRY W .fl..- ;''r�jei�T "' unv�.-. �:: 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 anytime during record drawing process (as defined in FPUA
Standards and Specifications), FPUA may, at its discretion, �Atithhold services and/or file a
notice with the Florida Board of Professional Engineers,
11FPUA iinspections - 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 w len utilized, will be subinaitted to FPUd; upon completion of construction.
1.2, Project Engineer IInsPectiions - 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 during construction, Inspectors must meet
roirl!'M@. M gualivlCOMOrIS as iiefined in FPUA Standards and Specifications.
1 Tra nsrfey of System to E IJA - Customer and Project Engineer �4,01 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 take effect 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 the 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
System and prior to receiving a meter(s) from FPUA, the custo,ner shall convey to FPUA
all easements and/or rights -of -way covering areas In winch, putaale water and
wastewater Panes 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 ovrned by FPUA. The Customer,
through its counsel, will certify that the Customer has the right to convey such easements
nv yluh3tc_nr_en,av ana^I fi„s•;h?r rnrrif1d171S FP113'C right to the fGii!fingindtS pinlflvYY7ent of 5 Lc
easements or rights -of -way for those purposes as set forth tin this Amendment,
14. Warranty- All parties understand that substantial portions of the System were installed
and not properly certified for operation through F'DEP 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, materials or ihstaiiatioie 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.
15. Ownership of Syystem - The Customer agrees with FPUA that all potable water and
wastewater facilities conveyed to FPUA for use in connection with providing potable
water and Wastewater service to the Property shall at all •la nes remain in the complete
and exclusive ownership of FPUA, and any entity owning ar;•V part of the Property or any
residence or building constructed or located thereon, steal! not Dave 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 resicence or building constructed
thereon.
16. itfileters - 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 noti'iy
purchaser of lots, if applicable, of the provisions of thds paragraph.
1-7. Guramoteed Revenue CchEvges - Annual Guaranteed Revenue Charges (CRCs), as
described in the current FPUA Resolution, will be assessed to all units not connected to
waterhAvastewater services within one (1) year from the date of execution of this
Amendment signed by FPUA. Failure to promptly pay FkA invoiced GZCs is cause for
Termination. Custorn'rer agrees to notify purchaser of lots, F applicable, of -the provisions
of tints paragraph.
Page 5 of 11
18. Anne;(ation Agreernen't of Evkdence TheUeof -The Cusi,onier shall, simultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as Exhihiit'T' providing that the Property will be annexed into the city limits of
the City of Fort Pierce, Florida, whenever such annexatlo;n may legally occur. The
Customer fl_irth;oe agrees, for itJelf, its successors acid assigns, that R will sis-n any and -ail
necessary documents to effectuate the annexation upon request of the City of Fort Pierce
or FPUA, The Customer waives any and all objections to such annexation by the City of
ale.' ' - hal Lhis ,i__..'.>_ Annexation !-1 reement In the
i or t r M '- Gild agrees LI lill IIIIJ iduJt UI11111i, along N/ILn Lf IC g
form attached hereto as ExhiWt "IF", shall be construed to satisfy requirements of law 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 fees, recordingfees, etc. for Annexation
Agreements shall be paid for by the Customer directly to rPUA's attorney at the time of
execution.
19, Termination - The Customer can termsinate this Amendment by written request at any
time. With a minirnurn 30-day written notification, FPUA mayterminate 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 � 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
Environmental Protection Permit. If construction of the Project has not commenced
within flve years of the date of execution of this Amnendinnent 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.
100. FPUA ReScAa2dord a Notwithstanding any provisions In this Ame-ridmeM, FPUA may
establish, revise, modify and enforce rules, regulations ant fees covering the provision of
potable water and wastewater service to the Property. Such, rules, regulati^r:s 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 anti transmitted by mail or by
courier, to the parties as set 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-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
i
IN WrMES5 VVHEREC)V, the Custorner-, Project Engineer and FPUA have executed or
have caused tills Amend-me-rit to be duly executed in several covrcerparts, each of which
counterpart shall be considered an original executed
copy of this Amy •drrivrlt.
1,1 ne-se .�i: '�
' j f! �
S' rt ,'E E 1 U I Irj R!Tl
r�tt E P�ena:.s i.i'i el,ITi�:� W I` ri! �
l
+ By — - -
Sigmtura of Witness,
Chairraarr45ignature & Print Name
/ I l.� � r 1 l �. Er., tt 1 fL�( i- t.'- � r ( f..r
�'•) (,- % !G, l � -
Printed Name of Witness
Secretary, -Signature u ?tinted Name
Slsnatur v of Wltnes7
c+itiiiKE ar— of cr: stofrer
aC�,fL pit V-41r 1
� �1i rig j 5 kz LJ C)
Printed Name o N1itness
Printed Nzrrna of Costom-Ar
- -•
-/' {'�
-- y
"ti'.e``'l -
- ref , /:ram.
SignvZure of Witness
SEgnature of project Engineer
Printed Name of Witness
Printed Name of Pro]ect Engineer
(FPUA)
STME OF F4r?ROA
COUNTY OF SZ �. (.t' � r,'/
The Foregoing instrument was acknowledged be! a me This � day of
f� 1 ]
YC,01!,Y , E^;.#JQ I,by
on behalf of Fort Pierce i?'tilitles ,Authority, Who arc- per$0j19l1V 1(r10VVh 0 Me,
S!Ignatrire of l` otarv'
;'fitful Fl?605
Prlra ecl }, ;��l );,M RES: Auyusr 1a, 90 rs
''i17F1„['stir Nl—dlr'rnru Nobly POLIQ UAmiRm
Page 9 of 11
1
i
I
(customer)
STATE OF FLORIDA
COUNT Y OF — ()N -Ak v- _
-). r by S , 'l ��ad 1111 0 IS ".� 8
the"L;t,15`LO Tlerr on iJ�ildi'I 6 $anti CC511lIJ7Tiy, His �SI'r�') IS,pc' _dt�lijl I n0VV]n i0 nine,
Lk
SigrdtU e of Notai'y
f' Vull __:-'y VVV
4A!°II U4April04#202i I'ri1 -T-Yfi I�I @a!d1E ofIlota d
�. - --
MYCOMMI&stoN 11GQQ8?b1a
explRE16Ap11161, 021 r
I 'Pro
STATE' OF RORIDA
yy The foregoing Inst:rLimen't was acknowledpd before rtie thIs � �`"t� r1011 of
IDy { 1 Cr'._�� a +'`l�`it�7r" - , who is the
f ,7i cil t::x::�`- i~;7'k:"1lft�'+-=f� �� � � ��Aff_'•��`Y_lllr''fr t"' ���°��c/lrr't= P-,;;�(
Project Engkieer, on hehatf of said company,(HO' hevis personally known to me:-- j
Signature of Notary
Printed Name of Notary
MIYAN
M.o !'Jill roblI vi15s N o GG0'14882
Page 10 of ?'I
List of Exhibits;
Attached
NA
❑❑
❑❑
A Quitclaim Assignment (including legal description)
unn
u
B Palm Breezes and Sunnyland Fart -cis Original Supply Agreement
L❑
❑
C Joint Notice Document Execution -FRC Credit Allocation: Center:
Uo„yes and Sunnyland Farms, LLC
❑
❑
D Capacity Reduction option Worksheet
❑X
C❑
E Utilities Assignment Agreement dated May 12, 2005
Ly
n
❑�
�J
F Annexation Agreement
Page 11 of 11