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HomeMy WebLinkAboutUtility Letter 2 - k y? ;r February S, 2019 Rhonda Rowe, Manager Renar Homes Morningside, LLC. 3275 SE Ocean Blvd. Stuart, Florida, 34996 0WECT- Movningside Phase flA Pbntned Unit©ewdop(n"' ent QPUD) Dear Ms. Rowe, 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 FPDA`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) 400-1600 ext.3472. Sincerely, James Leland Carnes Supervising Engineer W/WW Engineering Department A ,« 2018 , places to work Reliable Public ST LUCIE COUNTY Podver Provider Prepared bv and Return to: Revised 2{f}2-2017 Fort Pierce Utilities Authority Attn: K. N. KohhOand, U/ Courthnuse Box 145 114 A[ER i 1,11,11D VV A 5 TEVqATER5UPPLYA 60E2[NGNTA @GND1 v 1 E-N-1 THIS AGpEEKXEN? AMENDMENT (herein referred to an "Amendment") is made and entered into this 7 day o� I017, by and between FDRt PIERCE WTULIT|E5 AUTHORITY(hereinafter referred toay"FP ) LLC^ (hereinafter referred to as "Cusiornar"), and hereinafter referred toas"Project Eng|noer"}. The Project name|syVIQRIM|x0GSUDE�hereinafter referred k/xs the "Project"), VK0[NESSGTN: 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. Lude County, Florida, through a [luitc|ai0 Assignment as more fully described in DohibUtAattached hereto and made part hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating continued development uy the Project;and WHEREAS,FPUA has determined that it is in the best interests of FPUA, Its customers and the City ofFort Pierce to modify the terms and conditions of the original water and wastewater supply agreement described \nExh8bill8%and WHEREAS,the Customer has opted to util(ze the Capacity F;eduction Option whereby the present Guaranteed Revenue Charge (GRC) debt will be offset by the |n|%b| capacity credits allocal:ed to the project pursuant to the provisions of Exhibit B, described in Exhibit D and fully � described below. Remaining capacity allocations will be addressed beelow. MENEM,the customer agrees tha4 upon execution of this Amendment, all terms end conditions-of E,AUNT,B,will be superseded by this Amendment and new supply agreements will be required for future phases of the Project. NOW,THEREFORE,for and in consideration of these premiSes,the Mutual undertakings | and agreements herein contained and assumed, the Customer' Engineer, and FPUA hereby ' covenant and agree asfollows: 1. The foreQuin�statements are true and correct, i 2. Project CapecitV-(Fully described/m Exhibit D/ Page I of 11 Water The customer requires an allocation of 126 mater Equivalent Residential Connections (hereinafter ERCd to complete Phase 2Anfthe Project ut3U0gallons per day and the customer has 4gL71water ERC's currently entitled with the development (based on payment of outstanding GRCs by the Capacity 8educt}on 0pLimn\. Therefore, the customer has a water ERC deficit of 76.29 water ERCs to complete this phase. VU�n�mnxa�er-Thecuatomer requires an allocation of'136waAswaAerERCnaL�48gallons per day and the customer has 105.84 wastewater 2RC's no,/ont|y entitled with the development(based on payment of outstanding GRCs by the Capacity Reduction Option). Therefore,the customer has a wastewater surplus of 69.94 wastewater ERCs that maybe allocated to future phases of the project, *The customer has elected tm pay for deficit ERCs^etpresent day rate,wnonasneeded basis(upon request toconnect homes tmFPUA/afaci80t!es). |n 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. 3. 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 and submitted and accepted byFPUA. 4. 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, 5. 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 o Consent and Joinder ofK8ortgogep/Lienho�derina � -' | form approved by FPUA counsel, subordinating its nnurtQaQa or lien to the ud|ib/ i easements contemplated in the foregoing Amendment. The Customer must either | submit.a title puUoV 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 or Mortgagee/Lienholder, The � title policy or letter must be issued within thirty '30` days of the execution of this . Amendment bvFPUA. & Project Englineer-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 FPUA's water and wastewater systems, Page 2of11 7. Easements ' The Customer hereby grants and gkmo to FPUA the exclusive right and privilege to own, maintain, operate and expand the potable water and wastewater facilities in, under, upon, over and ecrnou 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 notable water and wastewater facilities, that in the overt FPUA is required o/ 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 eaoement(s)for such installation, which oesement(s) shaU 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 orthe yuuoesso[ oVxner(s) shall obtain wr|tteD 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 io 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 vvey connected to on 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 orsuccessor 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 om/Mer/sy sole cost and expense. If Customer or successor nvvner/s\fall to remove the encroachment,FPUA shall have the right toremove the encroachment from the eesemAent. Customer shall pay all costs Incurred by FPUA related to removing the encroachment from the oasement. 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 tu FPUA's attorney ot the time ofexecution. Construction-The Customer and Project Eng|neershal|fvrnishacomp|eteseinfdedgn documents, plans and specifications of the System for review and acceptance by FPUA. Approval of the design documents, plans and specificatioris'is valid for one year from the dote of approval. FPUA reserves the right to require the resuhm|t±a| of the design documents, plans 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 m contract for construction, ' subject toevaluation, review and approval by FPUA. FPUA will also have the right to review and approve the acquisition and installation of materials. |f FPUA determines there are deficiencies in the contract documents, materials or installation of materials, Page 3of11 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 set of phasing plans for review and acceptance by FPUA. FPUA may not allow phasing or may require modification to the submitted phasing plan to ensure trial: 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. Ia. Record Drawings - Preparation of accurate record drawings, including all items set forth in FPUA Standards and Specifications, is the sole resporissIbIlRy 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.-. 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, anti all other normal engineering i 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 Engineer 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 rivet during construction. Inspectors must meet minimum qualifications as defined in FPUA Standards and Specifications. 1 , `Fr;,insfer of System to FPUA m Customer and project Engineer wi?I 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 11 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 FPU/Ya counsel, Subsequent to the construction of the System and prior to receiving a meter(s) from FPUA, the Custon`prsho|| convey to FPUA all easements and/or rights-of-way covering areas in which, potable water and wastewater lines are installed bya recordable document ina form supplied by FPUA. The Customer shall not have any present or future right,title, claim mr interest in and to the potable water and wastewater facilities transferred to or owned by FPUA. The Customer, through its counsel,will certify that the Customer has the rigfit to convey such easements or rights-of-way 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, %�. WarrantV-All parties understand that substantial portions of the System were installed and not propedy certified for operation through FOEP between 2005 and 2010 and therefore the useful life of said System may be reduced. The Customer agrees to oos/An to FPUA a three-year warranty for the System, warranting that the System is free of defects including deficiencies in or failure to the desi8n, materials or |ooiaUadon or any other failures that may be attributed to the System sitting d�nrment. The warranty will begin on the date of final acceptance by FPUA. The wmrmo-lyw/U 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. 25. OxwneomhUip of System ' The Customer agrees with FPUA that all potable woter and wastewater facilities conveyed to FPUA for use in connection with providing potable water and wastewater service to the Property abu|| at a||#mes remain in the complete and exclusive ownership of FPUA, and any entity owning any part of the Property or any residence ur building constructed or located thereon, shall Rot have any right,title,claim or interest\n and to such facilities,or any part of them,for any purpose, |8add|t|on,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. KNetevs 'The Customer or its successors in title will be assessed the meter charges and deposits at the time the Customer is connected to the facllitles. Customer agrees to notify purchaser of lots, if applicable,of the provisions uf this paragraph. 1-7. Guavan8eed Revenue Charges - Annual Guaranteed Revenue Charges (GRCs), as described in the current FPUA Resolution, will be assessed toall units not connected to water/wastewater services within one (1) year from the date of execution of this Amendment signed byFPUA. Failure 10 promptly pay FPUA invoiced G8Csio cause for Termination. Customer agrees to notify purchaser of lots, if applicable, of-the provisions of this pan,graph, Page Sof11 Annexation Agreerrr nt or Evidence Thereof-The Customer shall, simultaneous with the execution of this Agreement, execute an Annexation Agreement in the form attached hereto as Exhibit 'T' providing that the Property will be annexed into the city limits of the City of Fort Pierce, Florida, whenever such annexation may legally occur. The Customer further agrees,for itself, its successors and assigns, that it will sign any and all 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 Fort Pierce and agrees that this docutnent, along with the Annexation Agreement in the form attached hereto as Exhibit"F",shall be construed to satisfy requirements of lave 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 FP UA's attorney at the time of execution. TermlInatiorn - 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 Regulation - 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. Su(h 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 V_ 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 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. I i i i i Page 7 of 11 1 IN WITNESS WHEREOF, The Customer, Project Engineer and FPUA have executed or have caused this Amendment to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of thisAmen.drrient. U1ltne-- A 'FORT PIERCE€ST1 LIT!ESA TI110RiTY r : ~ _f..l"rJ./I. F�/CL.: jf°jj1II`C-•.�•�,� -i'J' `tr� ly9j Signature of`witness., i Chairman-Signature"Printoci ivame T1 ! Printed Marne of Witness Secretary-Signature 84 Printed Name i I Signature of WkneS3 .3.6iiat u1:cY o 6.;.9suU(l ier ' I i b,""A Nil � S J C,)_ Printed Name of Witness Printed Name of Cm-,-o 4,r t r Signature of Witness Signature of Project Englneer F. Printed Name of Witness Printed Name of Project Cngineer j (FPUA) STATE OF HDROA f j The foregoing Instrument was acknowledged before w this / day of ii `u(iEtl�t„i t^ dby I; on behalf of Fort Pierce Utilities Authority,-who arc-Petso���ljy itrtovvi� 0 3„e, � Slgnatur e of Notary G ] J S ,ti��>��rrlv�n.~~.FLDAIi�ID€�iG1Y�9r��I�I�A hrSl�SfbP} i60a Printed f�.... .��loi lRES:August 14,201D aYtutY� 13a4dThfai,1 IgPU tlaVntlemiida Page 9 of 11 (customer) STATE OF FLORIDA COUIUTY OF mLIq -I dJ The foregoing instrument ljv3s '.'cknoyuledge_,! before rn2 th s rf da'! of r �,by�a� 1�.(;1 t ' 'who Is the of _ VIES (' p":' ) Up)u-e— ifie Customer',on behalf of said conipat$y,i ie�siiej ise Iiy Icrov/ io�$e, Slgn�.tcr$•e or`i�oi:dry t1 'r'+ :.tl'lle8:e�R 171 D+ Z029 T HA p f° Pr!l i7j�e O pmeof htarl _R�vfLLE An �ftp p '�lat4 j;'' fa;{PIK�S:�ptll b;,2029 , (prole.-tt Engineer) STATE OF FLORIDA COUNTY OF The foregoing Instrument Was acknowledged before me this 3 16, clay of f 1::,� - k�1 �C__�_�IF YI—,by t �l t/r f)t t.�� a}. - .,./tri tJ' +who is the Y�� a � L i-��Y.� It�_"�^ i 1 �1 f_�lt � l.r• r• f`" �7�<`� /�11'C_' 1! Project Engineer,on behalf of said company,(He Ohe�;Is personally known to me j SIgnature of Notary Printed Name of NotarV S oh "AYANIA Comm e aro i`JdV CGb41UMl88i0N i GG64Ar62 i i Page 10 of 1 i List of Exhibits: Attached NA [] | �| | |�� A Quitclaim Assignment(including legal description) L �� | u]| | | B Palm Breezes and Sunny|ond Farms Original Supply Agreement �� | X| |��| C Joint Notice Document Execution—ERC Credit Allocation:Centex Homes and Sunnyiand Farms, LLC [-] �—1 O Capacity KeducdonOption VVorksheet �� �� �� [l | �| | | E Utilities Assignment Agreement dated May 1.J, 2OU5 I—1 F—1 F Annexation Agreement �� | | Page 11 of 11 ! / | ! i !