HomeMy WebLinkAboutPaid Utilities FPUA,FPUA
C,0MMUN1-I Y PROUL)
February 5, 2019
F,honda Rowe, Manager
Renar Homes Morningside, LLC.
3275 SE Ocean Blvd.
Jllf a tl 1., F1'LJ7 B�q, .DVJJo
�UWECTo odor MnSsNe Phase NA Planned Ufr� N, DaMopr ent QFUD D
Dear Ms. Renwe,
As requested, Fort Pierce Utilities Authority (EPUA) would like to confirm the availability of
water and wastewater service to the above -referenced develop ,ent. Capacity for this phase of
the development is delineated in the attached "Dater and Vi'aistewater Supply Agreement
Amendment" dated November 7, 2017 and is currently available at EPUA's Water Treatment
Plant and Water Reclamation Facility.
Availability would be contingent upon the completion of construction of the required
infrastructure and payment of the applicable fees and charges, [Tease visit our website at
www_f��ia_coni to review developer requirements, specifications, details, fees, etc.
Should you have any questions Tease contact Richard James Carnes at (772) 466-1600
ext.3472,
sincerely,
Jaunes Leland Carnes
Supervising Engineer V!O%WW Engineering Department
�vrUA
2018
r t laces
, to work
A!
Reliable Public ST LUCIE COUNTY
Power Provider
Prepared by and Return to:
Fort Pierce Utilities Authority
Attn: R. N, l(oblegard, III
cat lrthnu i� FBo,,,, 145
Revised 11-02-2017
1WAT EP, AN, D V A: t11.11ATER 51U,P'PL ' A-GR+, EMEif , Axl'I:i,,jD NfIai=:_
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! CICin re'Crre' to d'a nrlcn �IFeilr ; i� moue anFd
entered into this 7 day of _� ��1h)!'1' �')'E'/� , 2017, by and between FORT PiERCE
UTILITIES AU-o i-IOFe I_y (hereinaf ter referred to as "FPUA"), zinc! i=<ENAR HOMES (Iy@4iYNINGSIDEi,
L. LC, (hereinafter referred to as "Custorner"), and Culpepper & Terpenir!g, Inc. hereinafter
referred to as "Project Engineer"), The Project name is IMORl INGSIDE hereinafter referred to as
the "Project")
VVITNESSETFI:
WHEREAS, FPUA is the governing body authorized to ender into agreements relating to
the use of water and wastewater supply to the City of Fort Pierce; =nd
WHEREAS, 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 part
hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating
continued development of the Project; and
WHEREAS, FPUA has determined that it is in the best interests of FPUA, Its customers and
the City of Fort Pierce to modify the terms and conditions of the original water and wastewater
supply agreement described in Exhibit B; and
WHEREAS, the Customer has opted to util!?e the Capacity Fed +coon Option whereby the
present Guaranteed Revenue i.hargc (.CRC) del;lt `All be offset tv the initial capacity credits
allocated to the project pursuant -to the provisions of Exhibit B, described in Exhibit U and fully
described belovv, Remaining capacity allorations will be addressed b-�!Qvv.
WHEREAS, the customer agrees that upon execution of ZH, Amendmen , all Wnos aria
conditions of E°cf-A t B, will be superseded by this Amendment ants nevi supply agreements will
be required for future phases of the Project.
NOW, THEREFORE, for and in consideration of these prerr.i_m, the mutual under takings
and agreements herein contained and assumed, the Customer, =iiglneer, and FPUA hereby
covenant and agree as f ollows:
1, The foregoing statements are true and correct.
2. Project Capacity - (FLIRY described in Exhibit DJ
Page 1 of 11
Water - The customer requires an allocation of 126 Nater 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 CRCs by the Capacity aedciction Option), Therefore,
the customer has a water ERC deficit of 76.29 water ERCs to complete this phase.
it a �.r - :. r Cs a,. 210 0
'ffu c9;�6f per Tale Cu JLomer require J art ariQ:.a LiVii Ui dt^s' CC"!'G� Z, Ul/a, i Llil..3 u'L Z-iu gall' lfiu
per day and the customer has 195.94 wastewater ERC'; currently entitled with the
development (based on payment of outstanding CRCs by the C apaci y reduction Option).
Therefore, the customer has a wastewater surplus of 69.94wastewater ERCs that maybe
allocated to future phases of the project.
T The customer has elected to pay for deficit ERCs, at present day rate, on an as needed
basis Qua pan 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 ChargFs required for the additional
demand.
System o The Customer, FPUA and the Project Engincer have determined that the
following facilities (hereinafter 'the System") are required to serve Phase 2A of the
Project: onsite water distribution and wastewater collection system, in accordance with
the approved plans for the System prepared by Culpepper & Terpening, Inc, and
submitted and accepted by FPUA.
4+, Permlits e FPUA will sign FDEP general permits for -the Phase 2A of the Project when the
utility construction plans are reviewed and approved by FPUA and when all applicable
terms and obligations of this Amendment have been met by the Customer,
5, Titie - Upon execution of this Amendment, the Customer, at its expense, agrees to furnish
FPUA with a copy of the recorded Warranty Deed for the purpose of establishing
ownership of the Property. Any mortgagee or lien holder having an interest in the
Property will be required to execute a Consent and Joinder of Nortgagee/Lienholder in a
form approved by FPUA counsel, subordinating its mortgage or lien to the utility
easements contemplated in the foregoing Amendment. The C1stomer 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/Lienholder, The
title policy or letter must be issued within thirty (30) clays of the execution of this
Amendment by FPUA.
u< Probed Eru&eer - The Customer shall retain a registered srofessional engineer ("Project
Engineer") to perform all duties defined by this Amendment, The Project Engineer shall
adhere to all FPUA Standards and Specifications provic:_d 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 a 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 prese-lt 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
f the w2ble *,ater 2nd Ln rite eater facilifles, that irk the event FPUA iu rnq red or
desires to install any of its potable water and waste'watel facilities in lands within the
Property lying outside the streets and easement area's 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 writter, pprovai from FPUA prior to
installing any structure or object, including, but not limited to, fences, gates, signs, trees
or poles, within an easement area, In consideration of FPUA's consent to an
encroachment, Customer or the successor owner(s) shall agree to indemnify and hold
FPUA harmless from and against all liabilities or damages wNch may be unposed upon or
asserted against FPUA as a result of or in any way,' cennected 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 rnd expense. If Customer or
successor owner(s) fall to remove the encroachment, FPUA shall have the right to remove
the encroachment from the easement. Customer shall pay all costs incurred by FPUA
related to removing the encroachment from the 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 e The Customer and Project Engineer shall fuenish a complete set of design
documents, plans and specifications of the System for review ,and acceptance by FPUA.
Approval of -the design docur'nents lans ans 'ecifi'atlors i ` r n e r r rr ' e
g , p �- s va9sd ro. on.. y.,ar rro,r� tn..
date of approval. FPUA reserves the right to require the resubmittal of the design
documents, plans and specifications if construction of the project has not commenced
within six months. The accepted des:gn documents will sewe as a basis for construction
of the System, The Customer will solicit bids and negotiate a contract for construction,
subiect 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 Custorner 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 C ustnmer and ProjFc± 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 subi-nitted phasing plan to ensure that no
nelgative effects ar -la�ew m w ,, r + m
-o- .•- -- i.:.- L tl3C� FP VVaI O. vva$ieVv'a Q 5ystcni.
SulotrimMais - 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.
Record Drawings - Preparation of accurate record drawings, including all items set forth
in FPUA -1 _a n��.ands and . nPr ifi�ntioon s is he sole respo i ly vi .rile G oiect nno her
�I!__. .., ., i..,"(35313{/ rvJ- _ �, igonY::c1,
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,!Othhold services and/or file a
notice with the Florida Board of Professional Engineers,
IL FPUA inspect ans - During construction of the System, FPUA may from time to time
inspect such installation to determine compliance with the plans and specifications,
adequacy of the quality of the installation, and further shall be entitled to perform
standard tests for pressure, infiltration, line and grade, anc all other normal engineering
tests to determine that the system has been installed in accordance with the approved
plans and specifications. Completed record drawings, including hard copy and electronic
media when utilized, will be submitted to FPUda upon completion of construction.
12. 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 met during construction. Inspectors must meet
Mini'MUM civai3Vications as defined In MA Standards and SPecif ications,
1 Twainsfey of System to FPUA - Customer and project Engineer L^,lipl provide final cost and
quantities to FPUA prior to FPUA's acceptance of the Systei-n. 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 tc. FPUA by Bill of ,Sale, in form
approved by FPUA's counsel, the complete on -site and off -site potable water distribution
Page 4 of 11
and wastewater collection system as constructed by Customer and approved by FPUA.
along with documentation of Customer's costs of constru_+ion and Customer's No Lien
Affidavit, in form approved by FPUA's counsel. Subsequent to the construction of the
System and prior to receiving a meter(s) from FPUA, the kcustorner shall convey to FPUA
all easements and/or rights-of-vvay covering areas in vvnicn potable water -and
wastewater lines are installer{ 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
nv riahtc_nf_Wn%J nnvl •fiirlh.�r rertifvirna FPUA's right to the Mntinainaic eninyment of such
easements or rights -of -way for those purposes as set forth in this Amendment,
14. Warranty— All parties understand that substantial portions of the System were installed
and not properly certified for operation through FDEP 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
deflects including deficiencies in or "failure to the design, nnateriais or iostallatlUYl or any
other failures that may be attributed to the System sittipg dormant, The warranty will
begin on the date of final acceptance by FPUA. The warranty will provide, among other
things, that theCustomer will, upon notification by FPUA, correct any deficiencies as soon
as possible or reirr;burse FPUA for any work performed by FPUA to correct the
deficiencies.
15. Ownerrship 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 alltimes 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, shal! 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. Matrers - The customer or its successors in title will be assessed the raster 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 thiis paragraph.
17. Guw,antmed 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 execr.rticsn of this
Amendment signed by FPUA, Failure to promptly pay FPUA, invoiced CRCs is cause for
Termination. Customer agrees to notify purchaser of lots, r applicable, of -the provisions
of this paragraph.
Page 5 of ± I
M Annexation Agreement air Evidence Thereof -The Cusi,onlEr shall, simultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as Exhilhit'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 fu es, gre— for ' -elfsuccessors a 1 `h �, 'le ; arid -all
.rtl]�: _,g: :. c"'S, .et3.. , rCS diiia daSigri s, ii at i. 'vJi . aebin ariy da`i• r
necessary documents to effectuate the annexation upon r'eQ nest of the City of Fort Pierce
or FPUA. The Customer waives any and all objections to such annexation by the city of
111L Pierce and -gfCCJ Chall Lids UCcult-i 11i, along with heAnnexation li reement in the
form attached hereto as ExhIlUt"`F", shall be construed to satisfy requirernents 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 icr 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 rPUA's attorney at the time of
execution.
19. Termination - The Customer can terminate this Amendment by written request at any
time. With a miniirtum 30-day written notification, FPUA ma•jrterminate 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 (100io) of the Capital Improvement Charges that were allocated to
the Project at the time of execution of this Amendment, Nithout interest, minus an
amount egr.livalent 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 6 uaranteed Revenue Charges
already paid at the date of termination. Termination will also result in the forfeiture of
reserved capacity and may result in cancellation of the Florida Department of
Environmental Protection Permit. If construction of the Project has not commenced
within five years of the date of execution of this Annenidrnent by tide 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.
28. FPUA Re&lat0w5 - Uot;vithstaadiung any provisions in i+"iJs Amendment, FPUA may
establish, revise, modify and enforce rules, regulations anc fees covering the provision of
potable water and wastewater service to the Property. Such ri!ies, 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.
21. 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: 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: oferland@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 t'founterparts, each of which
counterpart shall he considered an original executed copy of this Amcrrdrient,
I It- :—
%(')'l(l_.1
. Y
1-i,
.'
Sigratur e of vvitnes� %
t
Printed Name of Witness
tc"+roriatur a of Uvi .w5
Printed Name o, Witness.
17
Signature of Witness --
z' t � r t , -
Prin ed Flame of Witless
(FRIA)
STATE f.f FLORIbA _ .
ruhr PIERCE urai,IT(ESH iI-vnIIy"
Ghairtfta4� Sirlaiiare & Prltltek IVarrte
Secretary-Slgnaturea Printecl dame
II� �
nt..._..i-.. t
' Q;3 d`lr"�.;; A 3 ' P—bUJ �
`�
Printed Name of ectstorfmr
Signature of Project,Engineer
Printed Mime of Prrajed'El ngineer
The foregoing Instrument was acknowledged before mE, this l day of
1I eU�IIE,,/�l!/i`J .r /', by
on behalf of Fort Pierce ii'ciiities Authority, •;rho arc perso�j gRy known to Me. f %�
:—'..�s'<4���rr,.rf'��'lfi....--:..{�?--.�Cd� r�f,/G!�C`i';/'�.�•S�{'t
Signature of Nbtari { i
Pri tec! ale �1ES: August 14, 901s
�''�YF�t��� C{�dxlfiruNaG�y±'oLReUndem,�itea
Page 9 of 11
(Customer)
STATE OF FLORIDA
COUNTY OF(�{'
1,{•i, f fnY�o Ir:' 1-frJU.r;t"rt W.°s ;--IMoki ied-ed before M8 thk day :f
who is the
tine'Custuiner, on beil8ir of Said company. He peel is pe' iIV I'movin to ;;le,
l pry- A i° k
- 60i ;.tl NI:144Apeil01f,202i PYfl1'@d Na!ile of iIO(a e_
uy�C, �y9 ���fl�lr�� �u l•J' w;J ��
e45 MYGommisEtEiN If��l0a7a3i3
anpIRN65,-`h1114$,2U21
S`rATV- OF FLORIDA
The foregoing instrument was ac► nowlediSed before me this r �C ky of
by 1-tE161-tyk- , who Is the
rlli i t 1a`o` �(� 1_4iJ-7.:.1fv1 Sr e-V:T"reilaf•C l,
Project Engloeer, on behalf of said company
he Is personally Rnown to me.--.-s
Signature of Plotar�
Printed I lame of fdotary
; lh �WANA Mm i
OMM198frAN W 0GO14882
�MR� Jolobe, 29 2J213
Page 10 of 11
List of Exhibits
Attached NA
51 I D A Quitclaim Assignment (including legal description)
Lam' n B Palm Breezes and Sunnyland Farms Original Supply Agreement
u
l i i C Joint Notice Document Execution —ERC Credit Allocation: Center;
oiileS and �iiinn} iai �d Farms, LLC
I —XI El D Capacity Reduction Option Worksheet
u E Utilities Assignment Agreement dated May 12, 2005
nF Annexation Agreement
u
Page 11 of 11