HomeMy WebLinkAboutUtility Agreement LetterAX01
February 5, 2019
Rhonda Rowe, Manager
Renar Homes Morningside, LLC.
3275 SE Ocean Blvd.
�tuart, Florida, 4991
Z
SUBIECT. MarningsMe Phase HA Pbnned Unit Devdapment QKJV)
Dear Ms. Roii`le,
As requested, Fort Pierce Utilities Authority (FPUA) would like to confirm the availability of
water and wastewater service to the above -referenced development. Capacity for this phase of
the development is delineated in the attached "Water and Wastewater 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, Please visit our website at
to review developer requirements, specifications, details, fees, etc.
Should you have any questions please contact Richard James Carnes at (772) 466-1600
ext.3472.
James Leland Carnes
Supervising Engineer W/WW Engineering Department
._ 2418_ ..
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Reliable Public ST LUCIE COUNTY
Power Provider
Prepared bvand Return to:
Fort Pierce Utilities Authority
Attn: R. N. KohleOapd, U/
Cour-th-nuse Box 145
Revised 11-02-2017
V�A[E R A Ni D W;\5TEVVA [ER 5 U P P L iAGREEM E NTA NSNDi'lil2NT
YHk8AGpE ao'Wrnendment") is made and
entered into this _/'_day of 2817 by and between FORT PIERCE
UTILITIES AUTHORITY (hereinafter referred toas"FP ')
11�� (hereinafter referred to as "Customer"), and hereinafter
referred toas"Project 2n8|nae/"). The Project name |sNI0RIMINGU{Ehereinafter referred toms
the "Project").
WITNIESSETH-
WHEREAS,FPUAbthe governing body aLithori?ed to enter into agreements relating to
the use ofwater and wastewater supply to the City of Fort Pierce; and
WHEREAS, the Customer owns property located in SL Lude County, Florida, through o
Quitclaim Assignment as more fully described in Exhibit Aattached hereto and made a part
hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating
continued development ofthe Project; and
WHEREAS, FPUAhas determined that bb|nthe best interests cfFPUA Its customers and
the City of Fort Pierce to modify the terms and conditions of the original water and wastewater
supply agreement described |nExhibit [;and
WHEREAS, the Customer has opted to utilize the Capacity Reduction Option whereby the
present Guaranteed Revenue Charge (.SRC) debt will he offset by the h-litio| capacity credits
allocated tuthe project pursuant tothe provisions ofExhibit B,described |nExhibit Dand fully
described below. Remaining capacity allocations will be addressed b--Iovv.
WHEREAS, the customer aQrees that upon execution ofthb Amendment, an \ennoond
conditions of Exhibit B, will besuperseded bvthis Amendment and new supply agreements will
be required for future phases of the Project.
NOW, THEREFORE, for and in consideration of these premilses, the Mutual undertakings
and agreements herein contained and msumed, the Customner, Engineer, and FPUAhareby
covenant and agree asfollows:
The foregoinig statements are true arid correct,
2. Pxoje�d0aparitV'(Fu&described inExhibit D)
Page I 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 49.61 water ERCs currently entitled with the development
(based on payment of outstanding GRCs by the Capacity Deduction Option). Therefore,
the customer has a water ERC deficit of 76.29 water ERGs to complete this phase.
ve/astctii ter - III CiiS vii;�i' requires an allocatIviil v1 d� vlra1 ctiva�c� EIN- at 4 gallons
per day and the customer has 195.94 wastewater ERC's currently entitled with the
development (based on payment of outstanding CRCs by the Capacity Reduction Option).
Therefore, the customer has a wastewater surplus of 69.94. wastewater ERGs that maybe
allocated to future phases of the project.
* The customer has elected to pay for deficit ERCs, at present day rate, on an as needed
basis (upon requestto connect homes to FPUA'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.
3a 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 a 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/tienholder 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 lien on the property or that any mortgage
or lien holder has properly executed a Consent and Joinder of Mortgagee/tienholder. The
title policy or letter must be issued within 'thirty (30) days of the execution of this
Amendment by FPUA.
6. Project Engineer - 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 provided to the public by FPUA in
reference to construction of utilities and connection to PUA's water and wastewater
systems.
Page 2 of 11
7. Easements o 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 present 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 part of the
Property which FPUA reasonably requests for the maintenance, operation or expansion
of the potable water :and wastewater facilities; that in the event FPUA is required 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 easement(s) for such installation, which easement(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 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 Customer'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 attorney at the time of execution.
Construction o 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 and specifications is valid for one year from the
date of approval. FPUA reserves the right to require the resubmittal of the design
documents, pians and specifications if construction of the project has not commenced
within six months. The accepted design documents will serve 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 constructed in phases, the Customer and Project_ Engineer shall furnish a
complete sef of phasing plans for review and acceptance by FPUA. FPUA may not allow
phasing or may require modification to the submitted phasing pian to ensure char no
negative effects are placed on the FPUA water or wastewater system.
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 FPUA Standards and Specifications, is the sole r'esporisibiliiy of the Project Engineer.
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, withhold services and/or file a
notice with the Florida Board of Professional Engineers,
1.1. FPLIA 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, and 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 FPUA upon completion of construction.
11 Project Englineer Inspections - 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 rnet during construction. Inspectors must meet
Minimum qualifications as defined in FPUA Standards and Specifications.
V3, Transfer ®ff System to FPUA - Customer and Project Engineer will provide final cost and
quantities to FPUA prior to FPUA's acceptance of the System. 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 Pill of Sale, in form
approved by FPUA's counsel, the complete on-site and off-site potable water distribution
Page 4 of 1.1
and wastewater collection system as constructed by Customer and approved by FPUA.
along with documentation of Customer's costs of construction 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 meters) from FPUA, the Customer shall convey to FPUA
ail easements and/or rights-of-way covering areas in which potable 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 ovined by FPUA. The Customer,
through its counsel, will certify that the Customer has the right to convey such easements
or rights Iv and further certifying FPUA's right to the Continuous enjoyment of such
easements or rights-of-way for those purposes as set forth in this Amendment,
1�. Warranty m All parties understand that substantial portions of the System were installed
and not properly certified for operation through FIDEP 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, nnateriais or installation 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 System - 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 throes 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 an y 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. Meters - 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.
1�. Guaranteed Revenue Charges - Annual Guaranteed Revenue Charges (CRCs), as
described in the current FPUA Resolution, will be assessed to all units not connected to
water/wastewater services within one (1) year from the date of execution of this
Amendment signed by FPUA. Failure to promptly pay FPUA invoiced CRCs is cause for
Termination. Customer agrees to notify purchaser of lots, it applicable, of the provisions
of this paragraph,
Page 5 of 11
1 a Annexation Agreennent or Evidence Ther=eof -The Customer shall, simultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as Pxhibit'T' providing that the Property will be annexed into the city limits of
the City of Fort Pierce, Florida, whenever such annexation may legally occur. The
Customer further agrees, for itself, its successors and assigns, that it will sign an and all
necessary documents to effectuate the annexation upon req uest of the City of Fort Pierce
or FPUA. The Customer waives any and all objections to such annexation by the City of
i ort Pierce and agrees that this document, along with the Annexation Agreement in the
form attached hereto as Exhibit "F'°, 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, recording fees, etc. for Annexation
Agreements shall be paid for by the Customer directly to FPUA's attorney at the time of
execution.
19. Termilnation - 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 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 Guaranteed 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 five years of the date of execution of this Amendment 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.
FPUA Regullatioru - Notwithstanding any provisions In this Amendment, FPUA may
establish, revise, modify and enforce rules, regulations and fees covering the provision of
potable water and wastewater service to the Property. Suth rules, regulations 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.
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
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:
_Address: 3725 SE Ocean Blvd Ste 101 Stuart FL 34996-6715
Telephone: (772) 692-7800 Fax: (772) 692-9155
E -Mail: rhondarowetErenarhomes.com
Project Engineer:
Name: Culpepper & Terpening, Inc.
Address: 2980 S 251h St Fort Pierce FL 34981-5605
Telephone: (772) 464-3537 Fax: (772) 464-9497
E -Mail: pferlandC@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 WITNESS WHEREOF, the Customer, Project Engineer and FPUA have executed or
have caused this Amendment to be duly executed in several couricerparts, each of which
counterpart shall be considered an original executed copy of thIsAmendimek.
WItneS S.
Signature of Witnes!i., 't
Printed Name of Witness
Signature of IVIVIltness
p1t V-,'Vr'<P
Printed Narne of Witness
Signature of Witness
Printed Name of Whiess
(FPUA)
STATE OF FI.QRIbA
CO U NTY 0 F
'FORT PIERCE UTILMES AUTHORITY
By:
Chairman-Signatufa & Print -4 Name
T1
Secretary -Signature 84 Printed Name
Slone of Latstorner
Aofld,1.� ,5 df UJ C)
Printed Name of Us -towner
Printed Mime of Project Engineer
I
The foregoing Instrument was acknowledged before n9c this '/ day of
by..'11r' . / JV), C) t
on behalf of Fort Pierce Udities Authority, who are perso
Polly known to r;e,
Signature of Notary 7 V,
Q.
Pd. teL N ES: August 14, 201A
Page 9 of 11
Signature of Project- Engineer
Printed Mime of Project Engineer
I
The foregoing Instrument was acknowledged before n9c this '/ day of
by..'11r' . / JV), C) t
on behalf of Fort Pierce Udities Authority, who are perso
Polly known to r;e,
Signature of Notary 7 V,
Q.
Pd. teL N ES: August 14, 201A
Page 9 of 11
(C'usforaer)
STATE OF FLORIDA
The
foregoing instrument tJ.'«"
Ld; oourle!ged befar«
r,13 this � da")of
who is the
the Cusrorner, on behalf Of said company. He (s11e) !SQ@ lly icnow"io me.
ih A AIJ,
Slgn'-lure Of Notary
44.?3'•7 :, t3 ar .. t7� as w
f,. 1Y �'if
afltlier l�AptilpaFo2029 V.i'Yil ied Name of iIoia d
8°a MvCOMMiSSloN 11GE39878m
WIMS Apill 0,1,zo2l
STATE OF FLORIDA
COUNT1°OF L J..li',liw
The foregoing InStrument was acltnowled�ed before me this 'N r c' clay of
f�r,u�r'1a� z: Y1 by tic_ �f� a /Who is the
C-1,1161 11A Er_�- nF d 1413 f-� fib. 07 ilii°�
Project Engineer, on behalf of said company
lez_is personally linown'to me.___j
Slgnature of Notary
G
Printed Name of Notary
se MV Ci)lL4fbllMUN d GG014062
v°`°�4it:� t> �df�'is3�a Ocfaue; 20, 213211
tt
Page `10 of 11
List of Exhibits:
Attached NA
lx !] A Quitclaim Assignment (including legal description)
51 ❑ B Palm Breezes and Sunnyland Farms Original Supply Agreement
51 F] C Joint Notice Document Execution —ERC Credit Allocation: Centex
Homes and Sunnyland Farms, LLC
oF] D Capacity Reduction Option Worksheet
F] E Utilities Assignment Agreement dated May 1.2, 2005
HF] F Annexation Agreement
Page 11 of 11