HomeMy WebLinkAboutPDS Order 18-0471 1 PDS ORDER 18-047
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FILE NO.: SPMj-220185278
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AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN FOR
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THE PROJECT KNOWN AS CRISTELLE CAY (FKA OCEAN
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PALMS) CONDOMINIUM
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WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
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request
for a Major Adjustment -for the Minor Site Plan and reviewed the comments of the
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Development Review Committee and has made the following determinations:
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1.
ODI, LLC requested a Major Adjustment to the Ocean Palms Condominium Minor Site
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Plan, in order to increase the quantity of dwelling units and associated parking within the
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approved residential multi -family development, consisting of two (2) buildings, from fifteen
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(15) to twenty-one (21) units to further be known as Cristelle Cay Condominiums. The
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subject 2.97 acres is located on the east side of State Road North A-1-A on North
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Hutchinson Island. The Future Land Use is RH (Residential, High — 15 du/ac) and the
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zoning district is HIRD (Hutchinson Island Residential District).
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2.
On February 15, 2006, the St. Lucie County Planning and Development Services Director,
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through GM06-010, granted Minor Site Plan approval for the project known as Ocean
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Palms, for property described in Part A.
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3.
On February 15, 2008, the Planning and Development Services Director, through GM08-
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001, granted a 12-month extension of the Minor Site Plan in accordance with Section
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11.02.06(B), for a period of 12 additional months from its date of scheduled expiration,
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February 15, 2008, with the new date of expiration being February 15, 2009.
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4.
On December 30, 2008, the Building Official of St. Lucie County in accordance with the
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Florida Statutes Community Renewal Act authorized building permit to be extended for two
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years and was scheduled to expire on December 21, 2011.
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5.
The site plan approval was further extended by the Building Official of St. Lucie County in
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accordance with Florida Statutes Senate Bill 1752 extending building permits 0611-0047
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and 0611-0049 for two years and was scheduled to expire on December 31, 2013.
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6.
On April 15, 2014, the Planning and Development Services Director through PDS Order
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14-021 in accordance with adopted Ordinance 2013-43 amending the text of the Land
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Development Code to allow a two year administrative extension of approved site plans
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granted an extension and provided a new date of expiration of December 31, 2015.
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7.
On June 5, 2015, the Planning and Development Services Director, through PDS Order
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15-013, granted approval of a minor adjustment to the Minor Site Plan to accommodate a
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temporary sales and construction trailer on the subject site.
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8.
On June 11, 2015, development permits were issued for construction of the previously
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approved fifteen (15) unit condominium complex. A sales and construction trailer was
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placed on the premises, which currently remains.
File No. SPMj-220185278 PDS 18-047
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1 9. The Development Review Committee has reviewed the major adjustment to the approved
2 Minor Site Plan pursuant to the Land Development Code (LDC), Sections 11.02.03(A) &
3 (E) and Section 11.02.07, finding it to meet technical requirements and be consistent with
4 the general purpose, goals, objectives, and standards of the St. Lucie County
5 Comprehensive Plan.
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7 10. Planning staff has performed a detailed analysis of the project and found it to be
8 consistent with the St. Lucie County Land Development Code and Comprehensive Plan.
9 The analysis is found in the Planning and Development Services memorandum titled
10 Cristelle Cay (SPMj-220185278), dated August 2, 2018.
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12 11. The project will not have an undue adverse effect on adjacent property, the character of
13 the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the
14 public health, safety, and general welfare.
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16 12. All reasonable steps have been taken to minimize any adverse effect of the proposed
17 project on the immediate surroundings through building design, site design, landscaping
18 and screening.
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20 NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St.
21 Lucie County, Florida:
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23 A. Pursuant to Sections 11.02.03(A) & (E) of the St. Lucie County Land Development Code,
24 the Major Adjustment to Minor Site Plan is hereby approved as shown on the drawing,
25 attached as Exhibit A, prepared by Knight, McGuire & Associates, Inc. dated June 20,
26 2018 and date stamped by the Planning & Development Services Department on June 21,
27 2018, subject to the following conditions:
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29 Planninq & Development Services Department — Planning Division
30 1. Prior to the issuance of a Building Permit for the project, the applicant shall provide
31 documentation of authorization and/or a Revocable License Agreement with the Florida
32 Department of Transportation (FDOT) for the placement of required landscaping within
33 their right-of-way.
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35 2. The provided handicap spaces shall be provided with an unencumbered aisle to
36 appropriate entrances, from the provided parking spaces.
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38 3. Prior to the issuance of a Building Permit for the project, the applicant shall incorporate a
39 sidewalk along the western property line, or provide payment in -lieu of construction, in
40 accordance with LDC Section 7.05.04 A. 4. h. If the fees are not used to design, acquire
41 needed right-of-way or construct sidewalks within ten (10) years from the date of payment,
42 the developer may request a refund.
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44 4. The applicant shall integrate traffic control visibility and caution devices such as.mirrors,
45 signs, and striping adjacent to and within the first -floor parking areas to support pedestrian
46 safety.
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48 St. Lucie County Erosion District
49 5. Prior to issuance of a building permit, the Preserve Area Monitoring and Management Plan
50 shall identify and delineate an Emergency Beach and Dune Maintenance and Restoration
51 Access as required.
File No. SPMj-220185278 PDS 18-047
Page 2 of 5
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2 6. Prior to issuance of a building permit, the Emergency Beach and Dune Maintenance and
3 Restoration Access is demonstrated within the Site, Environmental, Paving, Grading and
4 Drainage, and Landscape Plans as a required element.
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6 7. Prior to issuance of a building permit, the Landscape Plan shall be revised to remove any
7 non -herbaceous, woody plants from within the 20' Emergency Beach and Dune
8 Maintenance and Restoration Access..
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10 8. Prior to the issuance of a building permit, the following language will be included in the
11 revised PAMMP; This PAMMP also recognizes a dedicated 20' wide beach and dune
12 access area across the site as depicted in Figure ? to be maintained by the HOA for future
13 necessary beach and dune maintenance and/or restoration. This 20' access path shall be
14 planted in herbaceous native plant material only and maintained with herbaceous non-
15 woody native plants in perpetuity.
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17 Environmental Resources Department
18 9. Prior to the issuance of a Vegetation Removal Permit for the project, the developer shall
19 provide a Preserve Area Monitoring and Maintenance Plan reflecting changes in the site
20 plan. [Comprehensive Plan Policy 6.1.8.10]. This plan shall include a dune revegetation
21 plan, a schedule of maintenance and monitoring events, and who is responsible for the
22 maintenance of the Dune Preservation Zone [Land Development Code 6.02.015].
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24 10. Prior to the issuance of a Vegetation Removal Permit the developer shall provide ERD
25 with a License Agreement indicating the ability to install landscaping within the Florida
26 Department of Transportation (FDOT) ROW.
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28 11. Prior to the issuance of a Certificate of Occupancy, all seaward and shore -perpendicular
29 facing windows and doors shall be fitted with tinted glass or film with a visible light
30 transmittance value of forty-five (45) percent or less. A registered Florida architect or
31 engineer shall conduct a nighttime survey with all of the beachfront lighting turned on and
32 provide a report of the inspection to the Environmental.Resources Department as outlined
33 in the approved Sea Turtle Protection Plan. If any violations of the sea turtle lighting code
34 are identified a Certificate of Occupancy shall not be issued until all violations have been
35 corrected.
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37 12. Prior to issuance of a Vegetation Removal Permit or Exemption, the developers, their
38 successor or assigns, shall conduct a pre -construction meeting with construction
39 personnel and Environmental Resources Department staff, to verify vegetation and
40 preserve area protection measures have been installed.
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42 13. Prior to the issuance of a Certificate of Occupancy, informational sea turtle signage shall
43 be installed on the dune crossover.
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45 14. Prior to issuance of a Certificate of Occupancy for the first building permit, all invasive
46 vegetation shall be removed from the site [Land Development Code Section 7.09.05].
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48 15. Prior to issuance of a Vegetation Removal Permit, the applicant shall provide a
49 mechanism for perpetual financial responsibility for future dune maintenance.
File No. SPMj-220185278 PDS 18-047
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2 16. The applicant acknowledges this property is located within the CBRA zone designation.
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4 17. The issuance of County development permit does not in any way create any rights on the
5 part of the applicant to obtain a permit from a state or federal agency and does not create
6 any liability on the part of the County if the applicant fails to obtain requisite approvals or
7 fulfill the obligations imposed by a state or federal agency or undertakes actions that result
8 in a violation of state or federal law.
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10 18. All other applicable state or federal permits must be obtained before commencement of
11 the development.
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13 Public Works Department - Engineering Division
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15 19. The proposed trees along the property frontage shall be installed with a root barrier
16 system to protect the adjacent exfiltration trench(es).
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18 20. The two-way drive aisles abutting ninety (90) degree parking spaces shall be amended to
19 reflect a width of twenty-six (26) feet, exclusive of all curbing. The applicant may transition
20 the Miami curb or shift the abutting parking stalls two (2) feet to the east in order to meet
21 this dimensional requirement.
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23 B. The property on which this Major Adjustment to a Minor Site Plan approval is being
24 granted is described as follows:
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26 The South 150 feet of the North'/a and the North 50 feet of the South'/z of Section
27 14, Township 34 South, Range 40 East, lying East of State Road A-1-A; and the
28 South 200 feet of the North 250 feet of the South 1/2 of Section 14, Township 34
29 South, Range 40 East, lying East of State Road A-1-A, said lands situate, lying and
30 being in St. Lucie County, Florida.
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32 Also described as:
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34 The South 150 feet of Government Lot 1 and the North 50 feet of Government Lot 2
35 and the South 200 feet of the North 250 feet of Government Lot 2, all lying East of
36 State Road A-1-A and lying in Section 14, Township 34 South, Range 40 East, said
37 lands situate, lying and being in St. Lucie County, Florida.
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39 Subject to a conservation easement recorded in ORB 2558 Page 2025, public
40 records of St. Lucie County, Florida.
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42 Parcel ID#s: 1414-310-0001-000/3 & 1414-230-0009-000/4
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44 Location: East side of. North SR A-1-A, approximately 1/4 miles south of the
45 Breakers Condominiums on North Hutchinson Island.
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47 C. This Minor Site Plan shall expire on August I , 2020 building permits are issued or an
48 extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie
49 County Land Development Code.
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File No. SPMj-220185278 PDS 18-047
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D. The developer is advised as part of this Minor Site Plan, including any successors in
interest, the developer shall obtain all applicable development permits and construction
authorizations from the appropriate State and Federal and local regulatory agencies
including, but not limited to, the United States Army Corps of Engineers, the Florida
Department of Environmental Protection, and South Florida Water Management District,
and the St. Lucie County Environmental Resources and Building Departments priortothe
commencement of any development activities on the property described in Part B.
Issuance of this permit by the County does not in any way create any rights on the part of
the developer to obtain a permit from a state or federal agency and does not create any
liability on the part of the County for issuance of this permit if the developer fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertake actions that may result in a violation of state or federal law.
E. A copy of this Order shall be attached to the site plan drawings described in Part A, which
plan shall be placed on file with the St. Lucie Planning and Development Services Director
and mailed to the developer and agent of record as identified on the site plan applications.
F. The Certificate of Capacity, attached as Exhibit B, shall be valid for the same period as this
order. If this order expires or otherwise terminates, the Certificate of Capacity shall
automatically terminate.
G. A copy of this Major Adjustment shall be placed on file with the St. Lucie County Planning
and Development Services Director.
H. This Order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the ,� day of August, 2018.
File No. SPMj-220185278
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIEICOUN*, FLORIDA -
No
Olson, -AJCP, Di
APPROVED AS TO FORM
PDS 18-047
Page 5 of 5
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BUILDING CALCULATIONS
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Exhibit B
St Lucie County
Certificate of Capacity
Date 8/2/2018
Certificate No. 3010
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Minor Site Plan( PDS Order 18-047)
Number of units 21 Number of square feet
2. Property legal description & Tax ID no.
1414-310-0001-000/3 & 1414-230-0009-000/4
4810 North AIA, North Hutchinson Island
Cristelle Cay Condominium
3. Approval: Building
Resolution No.
4. Subject to the following conditions for concurrency:
Letter
The proposed project site has reserved 7 ERCs in the agreement executed February 28, 2018.
Based on the proposed site plan changes the owner will need to reserve an additional 15
ERCs for all planned 22 units
Owner's name
ODI, LLC
Address
6105 Transit Road Suite 140
East Amherst NY 14051
6. Certificate Expiration Date 8/13/2020
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
deve140meqJ ordero) issued for the same property, use and size as described herein.
Signed 1 N*Q-
/ �-- Date: 8/13/2018
Planning and Development Services Director
St Lucie County, Florida
Entered Thursday, August 02, 2018
7/23/2019 - -
Subject:
Date: 7/22/2019 11:21:05 AM Eastern Standard Time
From: murankusr@stlucieco.org
To: cardinalsouthern@aol.com
Attached is the Standard Development Agreement for Ocean Palms apparently now known as Crystal Cay.
While there is no record of a new Standard Development Agreement for Crystal Cay or a requested name
change for the existing Standard Development Agreement, the guaranteed revenue fees have been continually
paid which maintains the reservation of capacity for the property.
Ray Murankus
Project Manager
St. Lucie County Utilities
Phone (772) 462-5221
Fax (772) 462-1153
Please Mote: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records
available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and /
or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error,
please notify the sender by reply e-mail and delete all materials from all computers.
cardinalsouthem's mailbox 1/1
Prepared by and Return to
St. Lucie County
Attn: County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
SUBJECT TO REVIEW BY
COUNTY ATTORNEY
STANDARD POTABLE WATER AND WASTEWATER
DEVELOPMENT AGREEMENT (SDA)
THIS AGREEMENT made and entered into this ;, L day of - to--.ft % , 2008, by and
between St. Lucie County, hereinafter referred to as "Utility", and OD 1, LLC, hereinafter referred to as
"Property Owner".
WITNESSETH
WHEREAS, the Property Owner owns property located in St. Lucie County, Florida, and as more
fully described in Exhibit 'IA", attached hereto and made a part hereof and hereinafter referred to as
"Property", whereupon Property Owner has or is about to develop the Property by erecting thereon residential
or non-residential improvements and desires to secure the provision of utility service to the Property; and
WHEREAS, in the interest of public health and to encourage the use of central water and
wastewater facilities, Utility desires to enter into this Agreement; and
WHEREAS, Property Owner acknowledges that execution of this Agreement by Utility does not
confer nor grant any land use or zoning approvals for the Property, nor does it assure or guarantee Property
Owner that Property Owner has or will be able to obtain land use or zoning approvals for or be able to
construct on the Property the number of ERC's for which Property Owner has voluntarily elected to reserve
utility capacity under this Agreement.
NOW THEREFORE, for and in consideration of these premises, the mutual undertakings and
agreements herein contained and assumed, Property Owner and Utility hereby covenant and agree as follows:
1. The foregoing statements are true and correct.
2. The following definitions and references are given for the purpose of interpreting the terms as used in
this Agreement and apply unless the context indicates a different meaning:
(a) "USP" - the Utility Service Policy for water, wastewater and reclaimed water service by the Utility,
as may be amended from time to time, which is incorporated herein by reference;
(b) "UEP" — the Utility Extension Policy for water, wastewater and reclaimed water service by Utility,
as may be amended from time to time, which is incorporated herein by reference.
(c) "UCR" — the Utility Connection Regulations for water, wastewater and reclaimed water service, as
may be amended from time to time, which is incorporated herein by reference.
A "UPAP" — the Utility Extension Policy, Utility Service Policy and other policies and procedures
adopted by the St. Lucie County (Utility), as may be amended from time to time, which is
incorporated herein by reference.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3316033 02/27/2009 aE 08:35 AM
OR BOOK 3064 PAGE 1317 -1327 Doc Type: AGR
RECORDING: $95.00
(e) "Service" - the readiness and ability on the part of Utility to furnish potable water to and to collect
wastewater from the Property,
(f) "Point of Service" - generally, the point where the pipes or meters of Utility are connected with
pipes of the Property Owner as further defined in the UPAP;
(g) "Equivalent Residential Connection (ERC)" - a system capacity equivalency unit which corresponds
to the peak demand of the single-family residential category of Customer usage. This system
capacity equivalency unit is utilized to establish the system demand for various sized connections
for the purpose of assessing fees;
(h) "Service Initiation" - the date a potable water meter is set or a wastewater connection is made for a
customer;
{i) "Guaranteed Revenue Fee" or "Guaranteed Revenues" - the mandatory fee paid by all customers
designed to recover the carrying costs of system capacity, which has been or is being constructed in
anticipation of future service requests. Carrying costs include fixed operating and renewal and
replacement expenses necessary to maintain excess system capacity for future use.
(j} "Total Accrued Amount (TAA)" - A TAA represents accrued Guaranteed Revenue Fees payable
fifty percent (50%) at the time of execution of this Agreement for all ERC's reserved, and payable
fifty percent (50%) for each ERC upon Service Initiation.
(k) "Standard Development Renewal Agreement (SDRA)" — an agreement between Utility and the
Property Owner extending the capacity reservation for unused ERCs in a Standard Development
Agreement for an additional five (5) years.
(1) "FPUA Amount (FPGR)" — At the time required by Ft. Pierce Utility Authority (FPUA)
pursuant to the terms of the Bulk Service Agreement between FPUA and St Lucie County, a
FPGR equal to the then current rate established by FPUA shall be due and payable for each
ERC/FMC agreed to be served by FPUA and an SDA.
3. Property Owner hereby grants and gives to Utility the exclusive right and privilege to construct, own,
maintain, operate and expand the potable water, wastewater and reclaimed water 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 agreement,
dedications or grants made otherwise and independent of said record plats. Utility covenants that it will
use due diligence in ascertaining all easement locations; however, should Utility install any of its
facilities outside a dedicated easement area, Property Owner covenants and agrees that Utility will not be
required to move or relocate any facilities lying outside a dedicated easement area as long as the facilities
do not interfere with the then or proposed use of the area in which the facilities have been installed.
Property Owner hereby further agrees that the foregoing grants include the necessary rights of ingress
and egress to anypart of the Property which Utility reasonably requests for the maintenance, operation or
expansion of the potable water, wastewater and reclaimed water facilities; that in the event Utility is
required or desires to install any of its potable water, wastewater and reclaimed facilities in lands within
the Property lying outside the streets and easement areas described above, then Property Owner or the
successor owner(s), as applicable, shall grant to Utility, without cost or expense to Utility, the necessary
easement or easements for such installation; provided, all such installations by Utility shall be made in
such a manner as not to interfere with the then primary use of such Property. Property Owner or the
successor owner(s), as applicable, shall obtain written approval from Utility prior to installing any
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structure or object, including, but not limited to, fences, gates, signs, trees or poles, within an easement
area. In consideration of Utility's consent to an encroachment, Property Owner or the successor
owner(s), as applicable, shall agree to indemnify and hold Utility hanrdess from and against all liabilities,
damages, penalties, claims costs and expenses, including attorney's fees at all levels, which may be
imposed upon or asserted against Utility as a result of or in any way connected to an encroachment
approved by Utility. In the event Utility determines that it is necessary to construct, maintain, repair,
remove or replace any of its facilities located under, over or upon an easement, Property Owner or the
successor owner(s) of the portion of the Property affected shall immediately remove the encroachment
from the easement upon the request of Utility at Property Owner's or the successor(s), as applicable, sole
cost and expense. If Property Owner or the successor(s), as applicable, fails to remove the encroachment,
Utility shall have the right to remove the encroachment from the easement. Property Owner or the
successor(s), as applicable, shall pay all costs related to removing the encroachment from the easement
incurred by Utility.
Property Owner, as further consideration of this Agreement, and in order to effectuate the foregoing
grants to Utility, hereby places the following covenant, as a covenant running with the land, upon the
Property and thereby subjecting it to a reservation, condition, limitation or restriction in favor of Utility,
as follows:
Utility, or its successors, has the sole and exclusive right to provide all potable water,
wastewater and reclaimed water services to the Property described in Exhibit "A". All
occupants of any residence or non-residential improvement erected or located on the
Property and all subsequent or future owners or purchasers of the Property, or any portion
thereof, shall exclusively receive their potable water and wastewater service from the
aforesaid Utility and shall pay for the same and shall abide by the terms and intent of this
Agreement, and the UPAP, for as long as the aforesaid Utility provides such services to the
Property. Further, all occupants of any residence or non-residential improvement erected or
located on the Property and all subsequent or future owners or purchasers of the Property, or
any portion thereof, agree, by occupying any premises on the Property or by recording any
deed of conveyance with respect to the Property, that they will not construct or otherwise
make available or use potable water, wastewater and reclaimed water service from any
source other than that provided by Utility. Further, all occupants of any residence or non-
residential improvement erected or located on the Property and all subsequent or future
owners or purchasers of the Property, or any portion thereof, agree that Utility may require
them to purchase and use a volume of reclaimed water equal to the volume of wastewater
discharged from the Property on an equivalent average basis as determined by the Utility.
Any water well or water source used solely to supplement irrigation water supply for the Property is
excluded from this restriction except to the extent the Property is required to utilize reclaimed water
equal to the volume of wastewater discharged from the Property.
Further, in order to give an additional and supplementary notice to all the future Property Owners of any
of the Property of the rights of Utility to provide the Property with potable water, wastewater and
reclaimed water facilities and services, the Property Owner hereby covenants and agrees to have the
above restrictive covenant or its equivalent included in the general subdivision restrictions and to place
the same of record in the Public Records of St. Lucie County, Florida.
4. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be
performed by the Property Owner, and subject to completion of the water, wastewater and reclaimed
water facilities necessary to serve the Property, Utility covenants and agrees that it will allow the
connection of the potable water distribution, wastewater collection, and reclaimed water distribution
facilities installed by Property Owner to the potable water, wastewater and reclaimed water facilities of
Utility in accordance with the terms and intent of this Agreement and the UPAP. Such connection shall
be in accordance with rules, and regulations of the Health Department, the UPAP, and other
governmental agencies having jurisdiction over the utility operations of Utility. Property Owner shall
connect the Property to the Utility reclaimed water distribution system in accordance with the reclaimed
water requirements set forth in the UPAP.
5. Property Owner is required to pay the TAA in order to support investment in utility facilities, as well as
the fixed costs of maintaining such facilities and the unused capacity it represents as provided in the
UPAP.
b. Upon receipt of payment of the Connection Fees and the TAA due upon execution of this
Agreement, Utility agrees to initiate the provision of water and wastewater utility service for 7
ERC's, and reclaimed water as provided herein, for Property Owner for a term of five (5) years,
which term may be extended in accordance with the UPAP, as may be amended from time to time,
and upon payment of applicable fees.
7. Property Owner hereby agrees to construct and to transfer ownership and control up to the Point of
Service to Utility, at no cost, the on -site potable water distribution, on -site wastewater collection, and
onsite reclaimed water distribution systems up to Property Owners reclaimed water storage facilities (not
including on -site water reclaimed water distribution facilities on the consumer side of the discharge to
the reclaimed water storage facilities) referred to herein and such off -site systems as necessary to
connect Property Owner's on -site systems to Utility's master planned facilities (all such on -site and off -
site facilities referred to in this paragraph collectively as "Property Owner Facilities." Upon acceptance
of said Property Owner Facilities, Utility hereby agrees to accept ownership of the Property Owner
Facilities for operation and maintenance purposes. Property Owner shall cause to be prepared
engineering plans and specifications prepared by and sealed by a professional engineer registered in the
State of Florida, showing the Property Owner Facilities. Utility will advise Property Owner's engineer
of any sizing requirements as mandated by the UPAP. Such detailed plans may be limited to a phase of
the Property, and subsequent phases may be furnished from time to time. However, each such phase
shall conform to a master plan for the development of the Property and such master plan shall be
submitted to Utility concurrent with or prior to submission of plans for the first phase. All such plans
and specifications, including hard copy and electronic media, submitted to Utility's engineer shall be
subject to the approval of Utility and shall conform to Utility's standards as set forth in the UPAP, and
no construction shall commence until Utility has approved such plans and specifications in writing.
After approval, Property Owner shall cause to be constructed, at Property Owner's expense, the Property
Owner Facilities as shown on the plans and specifications. Fees, as set forth in the UPAP, shall be
levied by Utility to cover the cost of plan review and inspection.
The Property Owner shall also be required to pay the fees on Exhibit B to this Agreement.
During the construction of the potable water distribution, wastewater collection and reclaimed water
distribution systems by Property Owner, Utility may from time to time inspect such installation to
determine compliance with the plans and specifications, adequacy of the quality of the installation, and
ftirther, shall be entitled to perform standard tests for pressure, infiltration, line and grade, and all other
normal engineering tests to determine that the system has been installed in accordance with the approved
plans and specifications and the UPAP. Inspection by Utility shall in no way relieve the Property Owner
of his responsibility to install the facilities in accordance with the approved plans and specifications and
the UPAP. Complete as -built plans, including hard copy and electronic media when utilized, shall be
submitted to Utility upon completion of construction.
n
Property Owner hereby agrees to transfer to Utility title to all potable water distribution, wastewater
collection and reclaimed water distribution systems installed by Property Owner's contractor pursuant to
the provisions of this Agreement. Such conveyance is to take effect without further action upon the
acceptance by Utility of the said installation. As further evidence of said transfer of title, upon the
completion of the installation and prior to the rendering of service by Utility, Property Owner shall
convey to Utility by Bill of Sale in a form provided in the UEP the complete on -site and off -site potable
water distribution and wastewater collection system as constructed by Property Owner and approved by
Utility, along with documentation of Property Owner's costs of construction and Property Owner's No
Lien Affidavit, in form provided in the UEP. Subsequent to construction of the facilities and prior to
receiving a meter(s) from Utility, Property Owner shall convey. to Utility all easements and/or rights -of -
way covering areas in which potable water, wastewater and reclaimed water lines are installed by a
recordable document in a form supplied by Utility. All conveyance of non -platted easements or rights -
of -way shall be accompanied by a paid title policy for the benefit of Utility in a minimum amount of
• $50.00 per linear foot of any granted utility easement (based on the centerline of the easement);
and
+ $50,000.00 for a Utility -owned wastewater lift station (if not constructed within an existing utility
easement),
Said title policy shall confirm the Grantor's rights to convey such easements or rights -of -way, and
further, evidencing Utility's right to the continuous enjoyment of such easements or rights -of -way for
those purposes set forth in this Agreement. The use of easement(s) granted by Property Owner may be
used by other utilities as long as such is approved by Utility. Utility's acceptance of the potable water
distribution, wastewater collection and reclaimed water distribution systems installed by Property Owner
shall be in accordance with the provisions as set forth in the UPAP. All installations by Property Owner
or its contractor shall be warranted for one year (or five years in the case of lift station pumps and motor
assemblies) from date of Final DEP Certification. Mortgagees holding liens on such properties shall be
required to release such liens, subordinate their position, or join in the granting of the easements or
rights -of -way. All potable water distribution, wastewater collection and reclaimed water facilities shall
be located within an easement if not located within platted or dedicated rights -of -way.
The timely payment by Property Owner of all fees in accordance with tlie terms set forth herein shall be
considered essential to the continued performance by Utility of the terns and conditions of this
Agreement. The construction and transfer of ownership of the potable water distribution, wastewater
collection and reclaimed water system does not and will not result in Utility waiving or offsetting any of
its fees, rules or regulations. Property Owner shall not have any present or future right, title, claim, or
interest in and to the potable water, wastewater and reclaimed water facilities transferred to or owned by
Utility.
Upon submission of this Agreement, Property Owner, at his expense, agrees to furnish Utility 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 shall be required to execute a Consent and
Joinder of Mortgagee/Lien holder in the form as provided in the UEP. A Property Owner must submit
either 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 any mortgage or lien holder has properly executed a
Consent and Joiner of Mortgagee/Lien holder. The title policy or letter must be issued upon submittal of
the SDA.
9. Property Owner agrees with Utility that all potable water, wastewater and reclaimed water facilities
conveyed to Utility for use in connection with providing potable water, wastewater and reclaimed water
service to the Property, shall at all times remain in the complete and exclusive ownership of Utility, and
5
any entity owning any part of the Property or any residence or building constructed or located thereon,
shall not have the right, title, claim or interest in and to such facilities, or any part of them, for any
purpose. In addition, Utility shall have the exclusive right and privilege to provide potable water,
wastewater and reclaimed water services to the Property and to the occupants of -each residence or
building constructed thereon.
10. Notwitbstanding'any provision in this Agreement, Utility may establish, revise, modify and enforce
rules, regulations and fees covering the provision of potable water, wastewater and reclaimed water
service to the Property. Such rules, regulations and fees are subject to the approval of Utility. Such
rules, regulations and fees shall be reasonable and subject to -regulation as may be provided by law or
contract. Fees charged to Property Owner or Customers located upon the Property shall be identical to
fees charged for the same classification of service by Utility. All rules, regulations and fees as set forth
in the UPAP, shall be binding upon Property Owner, upon any other entity holding by, through or under
Property Owner, and upon any Customer of the potable water, wastewater and reclaimed water service
provided to the Property by Utility. Said rules and regulations include, but are not limited to, Service
Initiation, oversizing of facilities, use of previously oversized facilities or extension of facilities.
11. Property Owner or its assignee shall not have theright to and shall not connect to the potable water,
wastewater and reclaimed water facilities of Utility until approval for such connection has been granted
by Utility. The parties hereto further agree that the expense of construction, operation and maintenance
of all improvements beyond the Point of Service shall be the sole cost and expense of the Property
Owner of its assignee or other than Utility.
12. The sale, conveyance, transfer or assignment of this Agreement by the Property Owner shall only be
performed in accordance with the provisions of UPAP.
13, All notices provided for herein shall be in writing and transmitted by mail or by courier and, if to
Property Owner shall be mailed or delivered to Property Owner at:
OD I, LLC
6105 Transit Road, Suite 140
East Amherst, Nib 14051
and if to Utility, shall be mailed to Utility at;
St. Lucie County Utilities Director
2300 Virginia Avenue
Fort Pierce, Florida 34982
With a copy to:
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
14. The rights, privileges, obligations and covenants of Property Owner and Utility shall survive the
completion of the work of Property Owner with respect to completing the potable water, wastewater and
reclaimed water facilities and services to any phased area and to the Property as a whole.
11
15. Unless Property Owner is requesting additional capacity for the property described in Exhibit "A", this
Agreement shall supersede, null and void, all previous agreements or representations, either verbal or
written, heretofore in effect between Property Owner and Utility, made with respect to the matter herein
contained, and when duly executed, constitutes the entire agreement between the Property Owner and
Utility. No additions, alterations or variations of terms of this Agreement shall be valid, nor can
provisions of this Agreement be waived by either party, unless such additions, alterations, variations or
waiver are expressed in writing and duly signed by the parties hereto. This Agreement 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 Agreement is in St. Lucie County, Florida.
16. Special Conditions:
a. On -site improvements for the project will be constructed by Property Owner in accordance with
the provisions of Section 7 above, and consistent with engineering plans and specifications as
prepared by Knight, McGuire & Associates, Inc., Engineer's Project # 04-032, dated July 2007,
and subsequent revisions, and subject to compliance with the requirements of the UPAP which
shall control in the event of conflict.
b. Off -site improvements for the project will be constructed by Property Owner in accordance with
the provisions of Section 7 above, and consistent with engineering plans and specifications as
prepared by Knight, McGuire & Associates, Inc., Engineer's Project # 04-032, dated July 2007,
and subsequent revisions, and subject to compliance with the requirements of the UPAP which
shall control in the event of conflict.
c. St. Lucie County has a bulk utility agreement with FPUA to provide water capacity to the
District. As a result, certain future users may additionally be subject to the payment of guaranteed
revenue fees charged by the FPUA with respect to reserved utility capacity under the
requirements of the FPUA instituted guaranteed revenue fee program.
(remainder of page intentionally left blank)
7
IN WITNESS WHEREOF, Property Owner and Utility have executed or have caused this
Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which
counterpart shall be considered an original executed copy of this Agreement,
Appro, d t F C nectness:
County Attorney
WITNESSES:
Ono o-A -
Print me:
Print Name:
ST. LUCIE COUNTY, FLORIDA:
!;�-'bunty Administrator
PROPERTY OWNER:
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NE RYL YLA. WAGNE
NOTARY *UKIC� STATE OF NEW YORK
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Subject to the provisions of Section 4 above, the limitations on provision of water service listed below, and
the payment of guaranteed revenues for FPUA ERC's as provided on Exhibit B below, FPUA agrees to
reserve 7 ERC's of water plant capacity ("FPUA ERC's") for Utility and Property Owner pursuant to the
Terms of the Bulk Service Agreement Between St. Lucie County and the Ft. Pierce Utility Authority:
FT. PIERCE UTILITYYAUTHORITY:
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