HomeMy WebLinkAboutPaid Utilities, FPUAFPUA
COMMUNITY PROUD
February 5, 2019
Rhonda Rowe, Manager
Renar Homes Morningside, LLC.
3275 SE Ocean Blvd.
I
Stuart, Flodda, 349916
SUBJECT., MornMgslde Phase �9A Mnned Urfift DevMapment (PUD)
D e a r M S . Role,
As requested, Fort Pierce Utilities Authority (FPUA) would fike 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
www,fpya.cotjj to review developer requirements, specifications, details, fees, etc.
Should you have any questions please contact Richard James Carnes at (772) 466-1600
ext.3472.
Sincerely,
James Leland Carnes
Supervising Engineer W/WW Engineering Department
FP�
COMMUNt TY PROUD
2018
m EPA
Places
r3 C* m;
to WA
Reliable Public ST LUCIE COUNTY
Power Provider
Prepared by and Return to:
Fort Pierce Utilities Authority
Attn: R. N. Koblegard, III
Cour-thouse Box 9_45
Revised 11-02-2017
WMER ANIDi 'WASTEWATER SUPPL' AGREEi IENT AMENCiIME-i ,
THIS AGREEMENT AMEP4 . IENT (herein referred to as "Amendment") is made and
entered into this 7 day of _ ,r lei � d' '� F-"/ - 2017, by and between FiJRf PIERCE
UTILITIES AUTHORITY (hereinafter referred to as'`FPUA"), and RENAR i ONIIES (I"J141f N1NGSIDE),
LLC, (hereinafter referred to as "Custorner"), and Culpepper & Teripening, Inc. hereinafter
referred to as "Project Engineer"). The Project name is IVIORNINGSIDE hereinafter referred to as
the "Project").
VVITNESSE` H:
WHEREAS, FPUA is the governing body authorized to enter into agreements relating to
the use of water and wastewater supply to the City of Fort Pierce; and
Wi-IEREAS, the Customer owns property located in St. Lucie County, Florida, through a
Quitclaim Assignment as more fully described in Exhibit A attached hereto and made a pars
hereof and hereinafter referred to as "Property", whereupon the Customer is conternplating
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 original water and wastewater
supply agreement described in Exhibit B; and
WHEREAS, the Customer has opted to utilize the Capacity Reduction Option whereby the
present Guaranteed Revenue Charge: (.GRC) debt will be offset by the iiitial capacity credits
allocated to the project pursuant to the provisions of Exhibit 8, described in Exhibit D and fully
described below. Remaining capacity allocations will be addressed below.
WHEREAS, the custorner agrees that upon execution of this Amendment, all terns and
conditions of Exhibit: E, will be superseded by this Amendment and new slrpply agreements will
be required for future phases of the Project.
f OYV, THEREFORE, for and in consideration of these premi-ses, the mutual undertakings
and agreements herein contained and assumed, the Customer, Engineer, and FPUA hereby
covenant and agree as follows:
The foregoing statements are true and correct.
�o 'Project C'aparity - (Fully described in Exhibit 0)
Page 1 of 11
Water - The customer requires an allocation of 126 irvater 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 ?edciciion Option). Therefore,
the customer has a water ERC deficit of 76.29 water ERCs to complete this phase.
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VP/zAJ'�G-V,Jc1a�5 M I.UJLolt1e1 requires gC.lil CJ dti allocation tillrl Ui brb cH VLlG�LFr �J'da LC i LP— d L LlFu �jdl IU iiJ
per day and the customer has 195.94 wastewater ERC', currently 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 to pay for deficit (ERCs, at present day rate, on an as needed
basis (upon 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.
SVstem - 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/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 Been on the property or that any mortgage
or lien holder has properly executed a Consent and Joinder of IViortgagee/Lienholder. The
title policy or letter must be issued within thirty (30) clays 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 FFUA's water and wastewater
systems.
Page 2 of 11
n
7Easements 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 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 not2 ;le water and Lh/FISt,` %later facilities; that in pho 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 easements) 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 avhich 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 rightto remove
the encroachment from the easement. Customer shall pa°v 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 FPU !A's attorney at the time of execution.
Construdlen e The Customer and Project Engineer shall furnish a complete set of design
documents, plans and specifications of the Systems 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 resubaflital 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. 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 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 that 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.
5.rd, Record Drawings - Preparation of accurate record drawings, including all items set forth
in FPUA Standards and specifications, is the sole respo;;sibiliiY 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,
11. 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, ano 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.
12. Project Engineer IInspections - 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
Mirai3"nurn qualifications as defined in FPUA Standards and Specifications.
13, Transfar cuff System to FPUA - Customer and Project Engineer ,Ad1Il 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. Stich conveyance is to tale 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 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
Systern and prior to receiving a rneter(s) from FPUA, the cu5torner shall convey to FPUA
all 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 owned by FPUA. The Customer,
through its counsel, will certify that the Customer has the right to convey such easements
or rightc-o-f-way and further certifying FPUA's right to the rentinuous enjoyment of Such
easements or rights -of -way for those purposes as set forth in this Amendment,
14. 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, materials 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 perfornied 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 times remain in the complete
and exclusive ownership of FPUA, and any entity owning any part of the Property or any
residence or building constructed or located thereon, shall not have any right, title, 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 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.
17. Guaranteed Revenue Charges - Annual Guaranteed Revenue Charges (GRCs), as
described in the current FPLJA 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 GRCs is cause for
Termination. Customer agrees to notify purchaser of lots, if applicable, of the provisions
of'this paragraph.
Page 5 of 11
Anne3tadon Agreement or Evidence Thereof - The Custon,&r 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 i, will :sign any and all
necessary documents to effectuate the annexation upon reri uest of the City of Fort Pierce
or FPUA. The i.ustomer waives any and ail objections to such annexation by the City of
Fort Pierce and agrees that Lhis ducurlient, along with the Axnexation Agreement in the
form attached hereto as Exhilbit "F", shall be construed to satisfy requirerrients 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. Termination - The Customer can terminate this Amendment by written request at any
time. With a minimum 30-day written notification, FPUA mayterrninate 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 Elie 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 ReSuAl Lion - Notwithstanding any provisions in this Amend merit, FPUA may
establish, revise, :modify and enforce rules, regulations and fees covering the provision of
potable water and Wastewater service to the Property. Such. ruules, 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.
2L 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
22,
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
Amendment - This Amendment constitutes the entire Amendment between the
Customer, FPUA and the Project Engineer, No additions, alterations or variation of the
terms of this Amendment shall be valid, nor can either party waive provisions of this
Amendment, unless such additions, alterations, variations or waiver are expressed in
writing and duly signed by the parties hereto, This Amendment shall be governed by the
laws of the State of Florida and shall become effective upon execution by the parties
hereto. The venue foractions arising out of this Amendment is in St. Lucie County, Florida.
This Amendment shall run with the property in which it is proposed to serve and the terms
of this Amendment shall be considered binding to any assigns or heirs. This Amendment
shall be recorded by FPUA's attorney. All preparation and recording fees, etc., for the
Amendment shall be paid for by the Customer directly to FPUA's attorney at the time of
execution.
Page 7 of 11
IN WITNESS WHEREOr, 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 this Amendment,
Irlrritne^ses:
7
Signature of Witness., It
1 / /
Printed Name of Witness
�_'M )L�A
%nature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
(FPUA)
STAry'E or FUQRibA _
FORT PIERCE UTILITIES AUTHORITY
Chairman -Signature & Print-4 Name
Secretary-Signaturea Printed Name
� hy,'('� , "/J , .. �
Slim a of Customer
RAOn/Ie4'0 5 P--bU
Printed Name of Customer
Signature of Project Engineer
c'�
Printed I\lame of Project Engineer
�I /The/ foregoing Instrument Was acknowledged before me this � day of
by ! i l 1'. 7 1 .1. `� J C i . , i isd Cil
on behalf of Fort Pierce Utilities Authority, who are perso IN known io me,
Signature of Notary
FL9AINDAIGiYti9�AF1L4A
Printed LL loMRRES; August 4,2018
`f4f�i4�` ebv�l,�'rhruNoG�ryPuhL�cUndenrfiters
Page 9 Of 11
(Customer)
STATE OF FLORIDA
COUNTY OF ini� LLB -'a r- _
The fnrAanlnu i:y5�r+may?� f 'a`3«" aci:nov"vie!ged hofnle f}1« CH;Ig `�ay of
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hye ;l, A.d a 6 ���7-� who is the
or
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the Customer, on behalf of said con-ipany. He lslye Is a lly knov� n tome,
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Sign .tore of Nvi:ar+V
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(Project EngIn ed
STATE OF FLORIDA
Coulw of i I.d_,I.pit-:
�riNarne of Notary
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o* g°< MY commissfON 8 GC38OM12
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' I The foregoing Instrument was acknowledged before me this �r tJ clay of
iDy 1�I Ci_ � a; 6.•../LrilFi''� , who Is the
,r
1iT=
Project Engineer, on behalf of said ccsrrrpany, Me1 �she�1s personally known to me. ,)
1
Slgnature of Notary
Printed Flame of Notary
V�j�9— CORNE 17
e�l;h �f'VIVf�idl�5
" $ql , o ,. GMPlk k$ OelaiaEe 28, 2020
Page 10 of 11
List of Exhibits:
Attached NA
FF J A Quitclaim Assignment (including legal description)
I —XI 11 B Palm Breezes and Sunnyland Farms Original Supply Agreement
I ^ i C Joint Notice Document Execution — ERC Credit Allocation: Centex
Homes and Sunnyland Far rns, LLC
51 D Capacity Reduction Option Worksheet
E Utilities Assignment Agreement dated May 12, 2005
F] n F Annexation Agreement
Page 11 of 11