HomeMy WebLinkAboutPaid UtilitiesFebruary 5, 2019
P,honda Rowe, Manager
Renar Homes Morningside, LLC.
3275 SE Ocean Blvd.
5 t u a Rt, F 11c; ri udca, 3 4 ILI; 9 6
S.UWECT- Marnftslde Phase flA. Planned Unk Development 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 developrnent. Capacity for this phase of
the development is delineated in the attached "Water and V/astewater 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.
Sincerely,
James Leland Carnes
Supervising Engineer W/WW Engineering Department
zeta
Wh i cc`:S ;( is .._ .- , . ., }- , _ :it'1' )' f. .
to wof�
Reliable Public ST LUCIE COUNTY
Power Provider
Prepared bvand Return to:
Fort Pierce Utilities Authority
Attn.- R.N.Kob|e%ard, |U
Revised 11-02-2017
V;AT Ep, ANIM, VV;\STE;VATER SUP PCVAGXEE;3�NT�QE���2MT
TH� AG0E �* as 'Amendment"` is made and
entered into this �,_ day of 2017, by nnd between FORT PIERCE
QTULKTlt5AVTHUNiTV(hereinal--(erreferred toas"FP °'
ilg, (hereinafter referred to as "Customer"), and hereinafter
referred to as "Project Engineer"'), The Project name is MORNINGSIDE hereinafter referred to as
the "Project"),
UNEREAS,FPUAis the governing body uothorbedtoente (ntoagreements relating hn
the use mfwater and wastewater supply tothe City ofFort Pierce; ?od
WHEREAS, the Cushumerowns prop ety located in St. Lucia County, Florida, through a
Quitclaim Ay ignmenteamonefu|lydancdhed in Exhibit Aattacaed hereto and made part
hereof and hereinafter re5arnedtoeo"Proper�v", whereupon Ole Customer is contemplating
continued development of the Project; and
WHEREAS, FPUAhas determined that itbin the best Interests of FP0A, Its customers and
the [ity of Fort Pierce to modify the terms and conditions of the original water and wastewater
supply agreement described lnEnhUbi-IB;and
WHEREAS, the Customer has opted to utilize the Capacity Feduction Option the
present Guaranteed Revenue Charge (0,11C) delyt vnUbe offfsethythe ii-I|tlal capacity credit-,
allocated tmthe project pursuant tothe provisions ofExhibit B'described |nExhlibit Dand fully
described below. Remaining capacity aMozatonywill beaddressed he|mw.
WHEREAS, the customer aQrees that upon execution ofths Amendment, all terns and
conditions ufExhvVW-;,�B,will besuperseded bythis Amendment awl' navjsuppkyagreements wiU
be required for future rahases of -the Project.
MOW, THEREFORE, for and hnconsideratlonofthese prenifse,the mutual, Undertakings
and agreements herein contained and assumed, the Customier, [ngineer, and FPUA hereby
covenant and agree axfoUnwm:
�. The statements are true and correct.
Project cmparity-(Fully described inExhlbhC)
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 at300gallons per
day and the customer has 49(71vvater ERC's ounent/yent|t!ed with the development
'boned on payment ofoutstanding GRCy 6vthe Capacity Reduction Option). Therefore,
-the custorner has a water ERC deficit of 76.29 water ERCs to complete this phase.
�����-T�m/��er�qUir�a�������1�������[F�a�2����
per day and the customer has j95J�� wastewater ER�� nu,rent� entitled with the
devc|opnneui'6asodonpaymentofooistandin8GR{sbytheCapadtyReduotionOpt|un'.
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 EM, at pres� rit day rate, on an as needed
basis Jupon request to conned homes to FPUA's facilities).!xthe event these allocations
are found to be insufficient at anytime, Customer will be liable for any and all fees,
including, but not limited to, Capital Improvement Charges required for the additional
demand.
� SVstern'The Customer, FPUA and the Project Enginee( have determined that the
following facilities (hereinafter "the System") are required to serve Phase lA 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 'FPUAwill sign FDEPgeneral permits for the Phase 2Aof the Project when the
utility construction plans are reviewed and approved byFPUAand when all applicable
terms and obligations ofthis Amendment have been met bythe Customer,
s. Title- Upon execution of this Amendment, the Customer, at8sexpense,agreextofum|sh
FpUA with a copy of the recorded Warranty Deed for the purpose of establishing
ownership of the Property. Any movtgm0ee or |kan 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 NurtQa8e or lien to the utility
easements contemplated in the foregoing Amendment. The Cuxtorner must either
xubmUt.a title policy or a letter from an attorney licensed to do business in Florida
confirming that either there is no mortgage or Hen on the property or that any mortgage
orlien holder has properly executed aConsent and Joinder off K4ortgagee/Uenho|der.The
title policy or letter must be issued within th|,1V '30` days of the execution of this
Amendment byFPUA.
�. Pwa�ed Engineer ' The Customer shall retain aeQistered.umfessiona|engineer /"Project
Engineer") to peMbnn all duties defined by this Amendment. The Project Engineer shall
adhere to all fPUAStandards and SpeoHUoat|mns proviVed to the public by pPUA in
reference to construction ofutilities and connection to FPU/Yx water and wastewater
systems.
Page 2 of 11
7. Easements n The Customer hereby grants and gives to FPUA the e>cclusive 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 Yl,�p v;nra�;ln }n,�a;"pf anti �n;tq5tia�,niai'nr f?^iii4jec; ',rhol ivti rhA event FPIJB iS rprjulvpd or
desires to install any of its potable water and wastewat% facilities in lands within the
Property lying outside the streets and easement areas described above, than Customer
or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the
necessary easement(s) for such installation, which easernerit(s) shall be recorded in the
Public Records of St, Lucie County, Florida; provided, all succh 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) shah 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 ard 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 prepara ion, 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:
ConstrucNan - The Customer and Project Engineer shall -Euir ish a complete set of design
documents, plans and specifications of the System for review and acceptance by FPUA.
,approval or the design documents, plates and sperific i tior,s is valid for one year from the
date of approval. FPUA reserves the right to require he resubi7ittal 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 a contract for construction,
subject to evaluation, review and approval by FPUA. %PUA 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 roterials. In the event that the
Project is to be constructed in phases, the C ust?:mpr and Pcoleci Engineer Shall furnish a
complete set or` 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
ne`+eantive effects are '-i 'Lei the water r ins tc,r terns
.. r.... ... on .. FPUi", Vbc''it of vva5teVv'a.�:i SyS�c�ii.
9. SubmMais - 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 Drawungs - Preparation of accurate record drawings, including all items set forth
S. -he-- in Pier-� Standards ri l.> and ,p a'�i..ifis--!-.'ii j, !3 —1- rv'.�,pe.�i;�i�,:, Ry 'M .�. .- Pr j'e.^.,, n59n i:: r.
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,
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, ana 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 subinAtted to FPU11--1 upon completion of construction.
11 project Engilnecerr Vmnslpections - 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
Mink-TILI 5`i gUal.ificzation5 as defined in FPUA Standards and ` p"cifications.
M Nrcapsfar Off systmtrii to FPUA - Customer and Project Engineer tull?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 rape Effect upon the acceptance by
FPUA of the installation, without further action by FPUA ol, the Customer, As further
evidence of the transfer of title, upon the completion of th . 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 -sine 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_tion and Customer's No Lien
Affidavit, in form approved by FPUA's counsel, Subsequer`A to the construction of the
System and prior to 'receiving a meter(s) from FPUA, the Customer shall convey to FPUA
all easements and/or rights -of -way covering areas jr, vvnicn potable water ail
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
-Y fl.--h s-o f-kupy and further rnthfying FP A's right to the continuous enlnl[ril'ent of such
easements or rights -of -way for those purposes as set forth in this Amendment,
WarrrantV — All parties understand that substantial portions of the System were installed
and not properly certified for operation through FDEP between 'LOOS 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, 7laterials or installation or any
other failures that may be attributed to the System sitthig 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.
is. ownevship of Soystiam - 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 io the Property shall at all -dines 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 occupant's of each residence or building constructed
thereon.
1�0 Maters - 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 lats, if applicable, oa •the provisions of this paragraph.
Gum,arlileed 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 frorri 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, F applicable, of the provisions
of this paragraph.
Page 5 of 11
IS. Annexation Agreemient or Evidence Thereof -The Cust.on.er shall, simultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as Fxhiilbot "F" 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
C St mer further ,for itself, CS successors iS$p that it v'li Sipi an" anda11
oda iS liy necessary documents to effectuate the annexation upon ren nest 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 ag eeb that, 1.1iis taucutinent, along with the Annexation PAgreementt In the
form attached hereto as FxleM "F", shall be construed to satisfy requirernents 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, re-ewdingfees, 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 minimum 30-day written notification, FPUA mayterminate 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 (1 i 0%) of the Capital Improvement Cha rges 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 � 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 he Florida Department of
Environmental Protection Permit. If construction of the Project has not commenced
within five: years of the date of executions of this Ameridrnent 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.
0, FPUA F'eguCIa aivd - Notwithstanding any provisions in this Amendment, FPUA may
establish, revise, modify and enforce rules, regulations ane fees covering the provision of
potable water and wastewater Service to the Property. Such! rules, regulations and fees
are subject to the approval of FPl1A, and will be reasonable and subject to regulation as
may be provided by law or contract.
7-1, HoUces - All notices provided for herein shall be in writing and transmitted by mail or by
cou, ler, to the par ties as set ferth below:
Page 6 of 11
FPUA:
John K. Tornpeck P, E
Director of Utilities
P.O. Box 3191
Fort Pierce, FL 34948-3191
Customer:
Name: Renar Homes (Morningside) LLC _
Address: 3-725 SE Ocean Blvd Ste 101 Stuart FL 34996-6715
Telephone: (772) 692-7800 Fax: (772) 692-9155
E-iviail: rhondar�enarhomes.com
Project Engineer:
Name: Culpepper & Terpening, Inc.
Address: 2980 S 25ih St Fort Pierce FL 34981-5605
Telephone: (772) 464-3537 Fax: (772) 464-9497
E-Mall: 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 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 VVI-TMESS VVHEREC)F,,The Custor-ner, Project Engineer and FPUA have executed or
have caused this AanendmenL to be dully executed in several cour-ierparts, each of which
counterpart shall be considered an original executed copy of this Arric.Htrient.
WI
Printed Narne of Witness
'51p8twra of wl45ies5
Pit 1 , , -de
C-
Printed Name 03' Mmoss,
g
Signature of Witness
Printed Name of Witiless
(FPVA)
S-EMEOMOR16A -
COU NTY OF
rn n'r M." -- E "Is I �
By
Chairroari-Signature & Printri Name
Secretary-Signataure PA Printed Name
"il-g'n,
k9
A 0 n �'J' - , s' kb' UJ
Printed NO'ma of
SflgnaT•u e of Project
Engineer
Printed, Wme of Project Engineer
The foregoing Instrument was acknowldlged before Mr this clay of
Y
on behalf of Fort Pierce LifliMeSs Authorl"'W.,Wlho are Persoil01, N'taffl! io rile,
Signature of Wart
. . . . . . . . . . . .
pri. te RES: AugW14,2oiB
V Thfu I
page, 9 of 11
(customer)
M1 E OF FLORIDA I
COUNTY OF
TkfnvpLn1ng 1M e].
dav o
by `he—f
or 'Y-)
'- e ICusltorrier, W) belizi- of ad -1 Willpan1j. He ISp 1;y 1- 'nowi'. to M, e.
ti
4AMNA�h Aptif Of, 2ogj p
RUCHNUE AJ DURYEA
my COMMISsfoN o'G000v,
vt Eng"neel)
STATE OF FLORIDA
Co U wy OF
The foregoing 111SMIM-YA WRS ackvwleciBed before rne this 91?' (1�v of
6-- by Ord, who is the
y,
Project En&ieer, on behalf ot'said corn parry, (Hp�� hq�"S PG1'S0na11Y 1011CMIn 110 M
of Nota;),
Printed Name of Notary
NANA QIOPI�41'
Or� 2020
Page '110 of I I
Exhibits -
Attached
NA
L]
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| |
A Quitclaim Assignment (including legal description)
B Palm Breezes and Sunny|ondFarms Original Supply Agreement
[]
| �|
| |
C Joint Notice Document Execubwn—EKCcredit Allocation: Centex
Hume�and�unny|endFarms,LLC
[]
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D Capacity Reduction Option VVurkuhee-t
[]
| 3|
��
El
E Utilities Assignment Agreement dated May 1Z,Z0O5
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��
[L—�
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F AnnexationAQreement
Page 11 of 11