HomeMy WebLinkAboutStandard Potable Water AgreementPrepared by(and Return to
St. Lucie;County Water and Wastewater Utility District
Attn: District Utility Director
2300 Virginia Avenue
Fort Pierce, FL 34982
JOSEPH E. SMITH, CLERK OFSHE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 45W35202115120190S;35:59AM
ORBOOK4283 PAGE143.158 Ooc Type:AGR'
RECORDING: $112.00
-STANDARD POTABLE WATER WASTEWATER AND RECLAINIID WATER
DEVE LOPMENT AGREEMENT (SDA)
JAN 8 -N20
permitting DeP?',,r'nent
) ,p t
THIS AGREEMENT made and entered'into this �day of Fobruary, 2019; by and between
St. Lucie County Water end Wastewater Utility'District whose address is'23Q0 Virginia ,Ave., Annex,
Foil Pierce; Florida 34982, hereinafter referred tows "Utility.", and Wateistone Builders, LLC, a Florida
limited liability company, whose address is 1400 East Oakland Park Blvd.,'Suite 103; Fort Lauderdale,
FL 33334, hereinafter referred as"ProperlyOwner".
WITNESSETH.
'WHEREAS, Property Owner owns property located in SL Lucie County, Florida, and as more
fully described in Exhibit "A" attached hereto and made'a,part hereof and hereinafter referred to as
"Property", whereupon Property. Owner has or is about to develop the Property by erecting thereon
residential and/or non-residential improvements and desires to secure the provision of water, wastewater
and/or reclaimed water utility service to the Property; and
WHEREAS, Property Owneraoknowledges Ili texecution ofthis•Agreement by Utilitydoes not
oonfe"r nor ,grant any land use, 'zoning or site plan approvals for 'the Property,'nor does A assure or
guarantee': Property Owner that Pioperty.Owner has or will be able to obtain land 'use, zoning or sitd,plan
approvals for or be able to construct on the Property the number of ERCs for which Property, Owner has
voluntarily elected to reserve utility capacity under this Agreement.
NOW THE, for and in consideration of these premises, the mutual, undertakings and
agreements herein contained and assumed,. Property Owner and Utility hereby 'covenant and agree as
follows: '
The -foregoing statements are true and correct.
2. The following definitions and references are given forthe purpose of interpreting the terns
as used in'this Agreement and apply` unless the context in_dicatesa different meaning:
(a) "USP" - the Utility Seiviee Policyfir water, wastewater and reclaimed water
service by the Utility, as may be amended from time to time, which is
incorporated herein by reference;
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i
(b) "W — the U0Vjty,l3xtengion. Policy for water, wastewater and reclaimed water
service by Utility, as may be amended from time to time,' -Which Wine porated_
herein by reference.
(c)- "UPAP" — the Utility Extension Policy, Utility Service Policy; the -Utility Rate
Tariff; and other policies and procedures adopted by the St. Lucie County
(Utility' ),;as may lie;ainended from time to time, which is incorporated herein by
reference.
(d) "Service" - the readiness and ability on the part of Utility to furnish potable water
and reclaimed water to and t6 collect wastewater from the Property;
(e) "Point of Service". - generally, the point where the pipes or meters of Utility•are
connected with pipes ofthe Property Owner as fip-ther defined in the UPAP;
(f) "Equivalent Residential. Connection (ERC)" - a system capacity equivaiencyunit
which;corresponds to the peak demand of the single-fiimily residentiel;cafegory
of Customer usage: This system capacity equivalency unit is utilized to establish
the system demand for various sized •connections for the purpose of assessing
fees;
(g), "Equivalent Residential Irrigation Connection '(ERIC)" - a • system capacity
'equivalency unit which corresponds to the peak demand 'for reclaimed water
irrigation use by a single-family residential- user, This system capacity
equivalency'unitlis utilized to establish the.systein demand for various sized
connections for the,purpose of assessing fees
(h) "Service Initiation" - the date a potable water meter is set or a wastewater
connection is made for a customer;
(i) '!Guaranteed -Revenue -Fee" or -"Guaranteed Revenues" - the mandatoryfee paid
by;all customers designed to recover the carrying costs of system capacity which
has been 'or is being constructed in anticipation of:future .service requests'.
Carrying costs include a portion of the fixed operating and renewal, "and
replacement expenses necessary to maintain ezoess-system capacity for future
,use.
(j) "Total Accrued Amount (TAAy' - A TAA represents accreted Guaranteed
'Revenue Fees payable at the time of execution of this Agreement, for' all ERC's,
reserved.
(k) "Standard Development Renewal Agreement,(SDRA)" — an agreement :between
Utility and the Property Owner extending the capacity;resevvietion for unused
ERCs in a StandardDevelopment Ageeement'for:an additional five (5) years.
(I): "Utility ,Facdities" -water, wastewater and reclaimed water facilities, including,
but.not limited to; mains; pipes, lines, pump, stations, 'lift 'stations, hydrants,
laterals, meters, valves, "storage tanks, meter boxes; Iialehietry equipment, wells,
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signs, and SCADA systems, whether above ground, below ground or at;geade
level.
3. Property Owner ,hereby acknowledges that pursuant :to Chapter 153, Part 11, Florida
Statutes, Utility has exclusive right and privilege to construct,: own, maintain,,operaie, replace, add to and
expand the Utility's Utility, Facilities in,,under, upon, over and across the present and future streets, roads,
easements; reserved utility sites and public places as provided and dedicated to public use in the record
plats,.or is,provided for in,agraernent, dedications or giants.made,otherwise and;independentof said
record plats. Utility covenants that it will attempt to ascertain and utilize. easement locations;`however,
should Utility install any of'its Utility Facilities outside a dedicated easement'area, Property Owner
covenants and agrees that Utility will'not be required`to move or-relocate°any facilities lyingoutside a
dedicated, easement: area as long" -as the facilities do not unreasoriably'intetfere with the then or proposed
use of the area; in which. the facilities have been installed. Property';Owner'hereby further acknowledges
that the foregoing grants include the necessary rights of ingress and egress to any part of the'Property
which Utilityrequests for the maintenance, operation; repair, ,replacement; addition to or expansion of the
Utility Facilities; that in the event Utility required or desires to install any of its Utility Facilities'm
lands-witlriti,the.Propetty lying outside the streets and easement areas described above, then Property
Owner or the successor owner(s),,as applicable, shall grant'to'.Utility, without cost or expense to Utility;
the necessary easement or easements for such installation; provided, all such installations by Utility shall
be made in' such a manner as not to unreasonably interfere with the then primary use of such Property.
Property, Owner or the successor owner(s), as applicable, shall obtain written approval from Utility prior
to installing any structure or object, including, bit not.liniited to, fences, gates, signs, trees, fe4ndations,
patios or poles,, within an easement 'area In consideration of Utility's consent to an .encroachment,
Property Owner or the successor owner(s), as applicable, shall agree to indemnify, and hold Utility
harmless from and against all liabilities, damages, penalties, claims costs and expenses, including
attorney's fees at all levels, which may be imposed upon or asserted against Utility as a result of or in any
way connected to an encroachment approved by Utility or the removal, or destruction of such
encroachment as required by Utility. In the event Utility determines that it is necessary to construct,
maintain, repair, remove or replace any of its facilities located under, over or upon an easement, Property
Owner or the successor owner(s) of the portion of the Property affected sliall'immediately remove the
.encroachment from the easement upon the request of Utility at Property Owner's or thesuccessor(s), as
applicable, sole cost and expense. If.Property Owner or the successor(s), as applicable, fails to remove
the encroachment, Utility shall have the right to remove the encroachment from the easement. Property
Owner or the successor(s), as applicable, shall pay all costs related to removing the encroachment from
the easement incurred by Utility.
Property Owner, as further consideration to Utility for this Agreement, and in order to effectuate
the foregoing grants'to Utility, hereby places the to
covenant, as a covenant running with the land,
upon the; Property and therebysubjecthig it to a reservation, condition, limitation orrestriction ip favor of
Utility; as follows:
Pursuant to Chapter 153, Part II, Florida Statutes, Utility, or its successors, has the sole
and exclusive rightto provide all potable water,'wastewaterand reclaimed water services
to the Property described. in Exhibit "A":, All occupants of any residence'or non-
residential • imp rovement erected or located on the Property and all subsequent or future
owners or purchasers of the Property, or any portion thereof, shall exclusively receive
their potable water and wastewater service from the aforesaid, Utility and shall pay for the
same and shall abide, by the terms and intent of this Agreement; and the UPAP, for as
02262997.dt
.long as the aforesaid Utility provides such services to the Property. Further, all occupants
of any residence or,non-residential improvement erected or located ou the Property and
All subsequent :or future "owirars or purchasers of the'Property,,or any portion thereof,
agree, by occupying any ,premises on the Properly or by 'recording any deed 'of
conveyance with respecfto the Property, that they will not construct or otherwise make
available or use potable water, wastewater, and reclaimed watetservice from any source
other than that provided by Utility. Further, all occupants of any residence or non
,residential improvement erected or located on die Property,and all subsequent or future
owners or purchasers of the. Property„ or any portion thereof,, agree that Utility miiy
re wire them. to purchase. enclose a volume of reclaimed water equal to eighty percent
(80%) of;tlie volume of wastewater, discharged "from the Property'o11 as egoiyalent
average basis as dete"rinined by Utility.
Any water well or waterr,source used solelyto supplement irrigation water supply,for the Properly
is excluded fiom this restriciiotr'exeept to the extent the Property is required.to-utilize reclaimed water
from Utility equal to'eighty percept (80%0) of the volume of wastewater d6h 'rged.froi the Property:
Further, in order to give an additional and supplementary notice to allthe'future Property Owneis
of any of the Property of the 'rights of Utility, to provide the Property with potable water, wastewater and
reclaimed, water facilities' acid services, the Property :Owner hereby covenants and agrees to have the
above restrictive covenant or its equivalent in eluded in the general subdivision: restrictions and any plats
of theTroperty and to place the same of record in the Public Rcoords of St. Uucie:Couoty, Florida.
4, Upon the continued accomplishment of all the prerequisites contained in this Agreement to
be performed by the Property Owner, and subject to completion of the Utility Facilities necessary to serve
the Prop erty,'Utility covenants and agrees that it will allow the. connection of the Utility Facilities
installed by Property'Owner to She Utility Facilities of Utility in aocordance with.the terms and intent of
this Agreement and the UPAP. Such, connection shall.be in accordancewith rules, and.regulations;ofthe
State, the UPAP, and oilier govemmentai agencies having jurisdiction over the utility operations of
Utility. Property Ownei shall connect the Property'to the Utility reclaimed water distribution system in
accordance with the,reclaimed water requirements 'set forth in the UPAP..
5. Prope_rty Owner is required to "pay the TAA in order to ,support Utility's investment in
utility facilities, as well as the fixed costs of maintaining such facilities and the unused capacity for the
benefit of Property Owner as provided in the UPAP. The initial and continuing payment of TAAs is an
essential component<of the consideration to Utility for providing 6tility se ice to the Property. Property
Owner agrees and acknowledges drat the:TAA is not an impact fee.
6: The Term •of this Agreement is five (5) years. Upon receipt, of payment of the
Connection Fees and the TAA due upon execution of this Agreement, Utility agrees �' o initiate the
provision of water and wastewater utility,service for 13,8 ERCs for Property.Owner during the Term of
the Agreement: ;Pidpeity OwneV may extend the Term of this Agreement for additional five'(5) year
terms
execution of a'Tenn Extension Agreement.to be recorded against the Property, payment of a.
TAA meeting the then'current requirements of the UPAP, toting any then:existing defaults by Property
Owner under the'the0 existing.Agreement, and payment of, any
additional fees required carder UPAP.
This Agieementsliall terminate automatically at die ertd of a Term,'if not extended in accordancewith the
UPAP„ and'Property,Owner:agrees" tliaf Utility may record a termination of this Agreement in tlre:event
Property Owner has not renewed' the Agreement. Tire termination shall extinguish all dories and
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obligations of -Utility to property Owner under this Agreement, including but not limited to the
reservation of capacity or obligation to, provide utility service to any;ERCs not connected to the Utility
facilities at the thyfe'of termination, but shall not.affect'utility service to any customers "who have
connected to the Utility:fscilities and established a customer agreement'with Utility as of thci date.of
termination of this Agreement,, whose utility service shall be, governed by the USP. 'The duties,
obligations and acknowledgements of Property Owner as forth in Paragraphs '3, 5, 7, ii 9, 10; 13, 14
and'lb of this Agreement shall survive termination "of this Agreement.
7. Property Owner will wnstructup to tha.Point of Service to Utility, etno cost to Utility, the
on -site potable wato 4istribut on, on -site wastewater poilection,and on -site reclaimed waterdistribution
systems`up to Properly Owners reclaimed water storage factlities; (riot including on -site water reclaimed
waterAistributlion facilities on th'e consumerside,of the discharge to the redainied watensto age facilities)
referred to'herein and such off -site Utility Facilities a%determined necessary by Utility to be ooristr`uoted
by Property Owner to connect Property Owner's on -site Utility Facilities to Ufility'sUtility Facilities (all
such on -site and off -site facilities referred to 'in this paragraph collectively, as "Property Owner
Facilities")'. Upon compliance of said Property Owne.'r Utility' Facilities with the regniiements of this
,
Agreement and'the UPAP for turnover of Tdcilifi6s, Utility agrees -to accept ownership of the Property
Owner Facilities for operation. Property Owner shall cause ,to be prepared engineering 'plans and
specifications prepared by and, sealed by a professional engineer registered in the State of Florida,
showing the Property Owner Facilities. Utility, will advise property Owner's engineer of any facility and
sizing requirements' as mandated by the UPAP. Such, detailed plans may be limited to a, phase of the
Property,, and subsequent phases may be furnished from time to time. However, each such phase shall
conform to a master plan for the development of the. Property and such master plan shall be submitted to
Utility concurrent with or prior to submission of 'plans forthe first phase. All such plans and
specifications, including hard copy and electronic media, submitted to Utility's engineer 'shall be subject
to the approval of Utility and shall conform to Utility's 'standards as set forth in the: UPAP, and no
construction shall commence until.Utility has approved such plans and specifications in,writing. After
approval, Property 'Owner shall cause to, be constructed,, at'Property `Owner's expense, ,the Property
Owner 174c shown on the p p shall be, levied
by Utility totcoversthe cost of plan review and inspection. eNo connections of BRCs will Pbe allowed until
Property Owner has complied withthe requiteinents of this Section.
The Property Owner sItall:also be requiredto.pay the fees on ExhibitBto this, Agreement.
DUrmg the construction of -the Property" Utility. Facilities; Willy. may from time to timeinspect
such installations to -determine compliance with the plans and specifications, adequacy ,of the quality of
the lnsfallation, and further, shall be entitled to :direct the'Property Owner, at the Property Owner's
expense, ,to perform standard tests for prossure, infiltration, line and grade and all other normal
ergineering tests to determine that the system has been in in' accordance with the approved plans
and specifications and the UPAP. Inspection;by Utilitysliall in no way relieve the Property Owner of his
responsibility to install the facilities in accordance with the approved plans and specifications and the
UPAP: Complete as -built plans, including hard copy and electronic media, shall be submitted to Utility
upon completion of,construction. Property Owner shall be required to reinstall any_;Property, Owner
Facilities which do not meet therequimments of die UPAP or approved plans and specifications.
Property Owner ;hereby agrees to transfer or cause the transfer to Utility title to all Property
'Owner Facilities at no cost to Utility. Such;conveyance is to take effect wiihoutforiheraciion upon the
written acceptance by Utility of the said,installation, As further evidence'of said'transfer of title, upon the
M262997M
completion of the installation and prior to
convey. or cause to be conveyed to Utility. I
Property Owner Facilities as;ap'proved by VI
oonstructiod, and Property Owner's 196- tic
construction of the Utility Facilities and prii
convey 'to Utility all easements and/or, rights
by a recordable document in _a form suppli
rights of -'way 'shall lie accompanied by a pa
of
the rendering. of, service by Utility, Property ,Owner shall
Y. Billof Sale in a form provided in the'UEP the•complcte
lity, along with documentation of Property Owner's costs of
r Affidavit, In form provided in tlie UEP. Subsequent to
rto•receiving a meter(s).from.Utility, Property Owner, shall
of -way covering areas in .which Utility'Facilities are Iodated
d by Utility. All conveyance of non-platted<easements or
1 title poloy for'the benefit of Utility in a minimum amount
4 $50.00' per linear foot of any granted utility easement (based on the centerline of the
easement); and
$50,000.00 for a Utility -owned pump stations, wastewater lift station or other'non-line
facilities (if not constructed within an'6xisting utility,easement)'.
Said 4tle.poLey shall confirm tlte,grantor's rights to convaysuch easements or riglrts-o -way, an
further, evidencing Utility's right to the continuous, enjoyment of such easements or;rights-of way for
those,purpose"s set"fodh in this:Agreement Utility's acceptance of the Property Owner Facilities installed
by Property �Owner sliall be in accordance with the provisions ;as set ;forth in the UPAP, provided
acceptance by Utility. shall not,relieve _Property Owner firm its obligations under this Agreement. All
i6stallations by Property Owtier or its contractor shall be warranted for one;(1) year (or'five (5) years in
the case of liftstation pumps and motor assemblies) from date of final acceptance by the Utility of the last
componenf of ahe Utility Facilities'to. be.in5talled. Mortgagees<holding liens on such properties shall be
required to release suclr•liens, subordinate their position, or joiirin thegrantingmf the eiiserneats orrights-
of way. AICProperty OwnerFacilifies shall be located within an easement if not located withinplatted or
dedicated rights-of:way.
The timely and continued payment by Property Owner df all fees in accordance with the terms set
forth herein ;shall be considered' essential 'to- the continued performance by Utility, of 'the .teens and
conditions of this -Agreement: The construction and transfer of ownership of the Utility Facilities does
not and will not result in Utility waiving or offsetting any of its fees, rules or regulations. Property Owner
�shallnot have aoypresent or future right, title, claim, onrnteresf in end to the Utility Facilities transferred
to or ownedby Utility.
9. Upon submission of this Agreement, Properly Owner, at his expense, agrees to furnish
Utility with a copy of the recorded Warrarity Deed for the' purpose of establishing ownership of the
Property.- Any mortgagee or lion holder having an interest in the Property shall bei'equired to execute a
Consent and Joinder of Mortgagee/Lienholder'in the form as provided in the;UEP. A Property Owner
'must submit either,a title policy or a letter from au attorney, licensed to dobusiness'_in Florida confirming
that either there is, no mortgage or lien, on the property or any mortgage or hen holder has properly
.executed a Consent and Joiner of Mortgagee/Lienholder• The title policy or letter;must be issued within
thirty (30) days of submittal of theMA, or else Utility may terminate this Agreement.
9. Properly Owner acknowledges with Utility that all Property Owner Facilities. conveyed to
Utility for use in connection with.providing potable water, wastewater and, reclaimed water service to the
Property, shall at all times remain in the complete and exclusive: ownership of Utility, except as otherwise
provided herein, and no entity owning any -part of the Property or any residence or building coristruoted or
located thereon, will have any right, -title, claim or interest in and;to such -facilities; or any;part.of them,
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02262997.vl
i
10. Notwithstanding any proyi_sion in this A_greemcnt, pursuantto Chapter 153, Part 11, Florida
Statutes, Utility may establish, "revise, modify and enforce rules, regulations, and fees covering'the
provision of potable wate'rand.ivastewiitei ser""vice to the Property. All`rules, regulatiorikanil fees asset
forth in the UPAP;. shall' be binding upon'Property Owner, upon any; other person or entiy holding by,
through orunder Property Owner, and upon any Customer of the, potable' water and. wastewater. service
provided to the Property by Utility. Said rules and regulations include, but are not limited to, Service'
'Initiation, oversizing of facilities, use'of previously oversized facil tim-.6r-extension of faculties.
11. 'Property Owner ;or its assignee shall not have ;the ri& to, and shall not connect any
PropertyOwner Facilities or, ERCs to fhe'Utility facilities of Utility until approval for such connection
I as been granted by Utility. The parties hereto -further- agreethatthe expense of construction,'operation
and mainteriance of all imprdVementsbeyond:the Point of Service (See Exhibit"C' for Point of Service).
shall be the sole cost and expenseof the Property Owne ,upon any other entity holding, by, through or.
under Property Owner, end upon any Customer of -die potable water and wastewater service provided'to
the Property.
12. This Agreement runs with the land and is unigde to the Property: This Agreement may iiot
be assigned without the: prior -written consent of Utility, and :may -only `be assigned. to a successor- in
interest of Property.Owngr to the'Property. Asa consequence'of theunique'nature of providing for utility
servic"e to; the Property, no path of this Agreement may be assigned separately from 'the whole.ofthe
Agreement: Notwithstanding the above; Utility may ,p.'ermit Property Owner' to allocate- the EM to
particular parcels or units on theTroperty on forms set forth in theUPAP.
0. All notices provided for herein shall be, in writing and transmitted by mail or by courier
and, if to Property Owner shall be mailed or delivered to Property Owner at;
Waterstone Builders, LLC
1400 test Oakland Park Blvd.
Suite 103
Fort Lauderdale; FL 33334
and if to Utility; shall be mailed to Utility at:
St. Lucie'County Water and, Wastewater 'Utility District
Public Utility Director
2300 Virginia Ave., Annex
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue
FortPieroe, Florida 34982
14. During: the Term of this Agreement,, the rights, privileges; obligations and covenants of
Property. Owner and 'Utility shall not be',terminated by the turnover of anyportion of the Properly.Owner
-02262997M
Facilities to Utility with respect to Property Owner completing the remaining portions of the Property
Owner Facilities and provision of utility services to any phased area and to the Property as a whole;
15. Unless Property Owner is requesting additional capacity for the property described'in
Exhibit "A', this Agreement shall supersede, null and void, all previous agreements or representations,
either verbal or written, heretofore in effect between Property Owner and Utility, made with respect to the
matter herein contained; and when duly executed, constitutes the entire agreement between the Property
Owner and Utility. No Additions; alterations or variations of terms of this Agreement shall be valid, :nor
can provisions of this AgoUh6ntbe waived by either party, unless such additions, alterations; variations
or waiver are expressed in writing and duly signed by'the parties hereto. Properly Owner acknowledges
tliat staff and employees of Utility have no authority to bind Utility. -or agree to any additions,. alterations
or variations of terms of this Agreement or the UPAPi which can only be, added to, altered or varied by
the St.'Lucie County QrnimiWdn sitting as the'Utility governing board. This Agreement shall be
governed by the laws of the State of Florida and shall become effective upon ezecution;by the parties
hereto. The venue for actions arising out of this Agreement shall lie in St. Lucie County,Florida.
16. Special Conditions:
a. Property Owner has estimated that it will require the initiation of utility service
for the Property as of Utility shall attempt to *provide water, wastewater or reclaimed
water capacity for the Property, in accordance with the Property Owner's development, time
schedule, subject to Property :Owner compliance with Section 16(b) bolcw. Property Owner
acknowledges that due to -environmental permitting, securing of plant and line siting rights,public
procurement processes, financing requirements,budget constraints; force majeure events and
construction schedules, the timing of provision of capacity to the Property is an estimate only
cannot be guaranteed by Utility, Property Owner represents to. Utility that Property Owner is not
relying upon the estimate of time set forth above, and that Utility shall not be responsible for any
damages, whether direct, indirect; special or.consequential, incurred as a result of, arising out of
or,related to Utility's inability to provide capacity to the Property in accordance with Property
Owner's development time schedule.
b. Certain wastewater facilities were installed on the Property related to a prior
SDA recorded againsGthe.Property, as more fully described on.Exltibit "C (the "Prior SDA
Facilities"). 'These prior SDA Facilities are necessary for utility service to the Property, but were
not inspected nor accepted'fcrownership and operation bythe Utility. At the time of installation.
Property Owner has proposed that ownership- of these Prior SDA Facilities be retained by the
Waterstone Community Development District ("CDD"). With respect to these Prior SDA
Facilities, initiation of utility service for the Property will be subject to execution of an Interlocal
Agreement, in form set forth on Exhibit "13". With respect to the Property Owner Facilities
described ;on Exhibit "C, the Property Owner will correct any 'identified deficiencies and
iequireinents, subject to inspection and approval of the Utility, prior to initiation of utility service
to the Property, and shall provide Utility a two (2) year warrantee on.such corrected facilities; and
shall provide a five,(5f year warrantee for all wastewater pumps which are a pail of the Property
Owner Facilities.
C. One Hundred'Thirty-Eight (138) ERCs of .water and wastewater Capacity are.
reserved under this Agreement solely for the Property. No additional capacity for'the Property or
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WA8 384322229v5
02262997.vl
Page 8
for other properties of Property. Owner is: guaranteed until such time as :modification do, this
Agreement or execution of a second agreement occurs:
IN WITNESS WIIERE6V, Property Owner and Utiliy have executed or lave caused. this
Agreement, with the,named Exhibits attached, to be duly,executedin several counterparts, each of Which
counterpart shall be considered an original executed copy of this Agreement.
ST. LUCIE COUNTY WATER AND WASTEWATE TTY DS - -
r _
By; Xdni'stra
ouq to; '
PROPERTY OWNER:
WATERSTONE'BUILDERS, LLC
a Florida limited liability company
BY
Matthew Markofsky
Manager
NOTARY CERTIFICATE
STATE OF &ORIDA
COUNTY" Luu 2>
The foregoing instrument was acknowledged before;me this I :day of February, 2019,'by
Mattbew4Markofsky, as Manager of Waterston Builders, LLC; a Florida'limited liability company, for
and on behalf of the company, He/she is personally known to ime ;or has produced
as identification.
eL
`.
r DAkkoNEWARo _ignatureofNo"taty
, r^ magyt,q(i132A3770 ed Prot�jrSta@P�10®QltftWAOfNotaryPublic
•� :ee'1w0us120,12_ Typ
ExPI erviwe „ * CommbelonN00243770
q 0?g4bn° ap0pa1 Serial N.�< _ EkiliosAuqu1120.2022
u _
Naiersimie:Bailders/Waterstone'Phase 1 `Page 9
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WPB 384322228v8
02262997.vl
JOINDER AND CONSENT OF MORTGAGEE
being the Bolder of that certain mortgage dated the
day of _ 20 _ and recorded tfie day of '20_, in
Official Record Book , at Page of:the.Public Records of St. Lucie County,
Florida; hereby consents and suboldiiates its mortgage to the utility easements contemplated in .the
forgoing Standard Potable Water, Wastewater and Reclaimed Water' Development Agreement.
WITNESSES: MORTGAGE HOLDER:
By:
Title:.
Print Name:
NOTARY CERTIFICATE
STATE ;OF FLORIDA
COUNTY
The foregoing instrument was acknowledgedbefore me this day of . 20
by .. of . :on behalf of the
He/she is personally known to me or has produced _ _ as
identification.
Signature of Notary
Typed, Printed, or Stamped Name of Notary Public
Serial Number
-0226299VVI
Iuxhibit "A"
PROPERTY DESCRIPTION
Lots 1 through66, Block 1; Lot's.4 through 40, Block 2 and Lois 1 through 59, Block
3, WATERSTONE —PHASE ONE,.aocoiding to the Plat thereof, as recorded in Plat
Book 52, ai Page 35, of the Public'Rccord_s of St. Lucie County, Florida:
FIN
Lots 1 through 6, Lot, 9, Lots 14 through, 30, and Lots 119, through W, Block 5;
WATERSTONE = PHASE TWO, according to the plat thereof•as recorded in Plat
Book 59, at Page 1, of the Public Recordg of St:.Lucie'County Florida.
Phase I
October, 2018
"B 38432222Bv6
02262997.0
Page I 1
Exhibit B
SCHEDULE OF FEES
CONNECTION CHARGES:
138 ERCa x $7,198.00 per ERC
$
993;324.00
INITIALGUARANTEEDREVENUE FEES:
138 ERCs x l year x $465.00 per ERC
It
64170.00
FPUA GUARANTEED REVENUES FEES:
S
T13D
DOC_ OMENT RECORDING FEE: (13 PAGES)
$
112.00
(S10.00 first page/S8s0additional)
PLAN REVIEW FEE:
$
.00
'Minimum of2%of Construction Costs with Actual
Additional Cost Payable-Priorto Regulatory.Sign-off, total
TED Based on Engineers Certified Construction Cost:
INSPECTION FEES:
$
TBD
Minimum of 1 K%of Construction Costs with Actual
Additional Cost Payable Priorao Regulatory Sign,off,total
TED Based oii Engineers Certified Construction CosC
DEVELOPER AGREEMENT FEE:
$
4,897.00
(Minimum of $4,897.00 due Upon Execution of Agreement,
with Actual Cost Payable Prior to Regulatory §ign-oft)
WATERSTONE CDD AGREEMENT FEE:
$
TED
WATER_ METER/BACKFLOW CHARGE
$
il,700:00
(50 T 'e' at $434 each)
WATER AND'SEWER SECURITY DEPOSIT
(Paid et time of M6ter Set)
$
TOTAL DUE.UPON1XECUTION OF AGREEMENT s: t:n84.zn3
02262997.41
Exhibit C
DESCR. , QN OF PROPERTY OWNGR,FACILITIES,
Waterstone's Watet,and Sanitary'Sewer system has been constructed. The following is a description of the
existing on -site utility facilities to beturned over to Utility, subject to Section 16.(b), above ("Property Owner
Facdities"):
Potable Water System
• 11,500 feet of 8" PVC Water Main;
• 62 Fire. Hydrant assembles;
a Water Service connection; and
• Valves, fittings and apparatus.
Sanitary Sewer System
• Lift Station B; and
• 3501eet of 8"-PVC Force Main.
The above excludes components of the water and sanity sewer system, which are currently in service, which
includes the backbone 16".PVC and 10" PVC water mains running along Waterstone Boulevard from
Emerson Avenue and extending eastwards to Seminole Road, along with the existing 16" PVC sanitary
sewer Force Main and Lift Station A.
DESCRUMON OF PRIOR SDA FACILITIES
The above also excludes the Prior SDA Facilities comprised of components of the sanitary sewersystem,
including 22,700 feet of 8" PVC Gravity Sewer Mains, 152 Sewer Manholes and 401 Sewer Service laterals.
02262997.vi