HomeMy WebLinkAboutUtility February 5, 2029
2honda Rowe, Manager
R,enar tonnes Morningside, LLC.
3275 SE Ocean Blvd.
Luaa t., FlogHda, '41r 6
WWEC o KI/@rrnMSMde Phase UA Planned LUiMt Development QPL`»�
Dear �S. Rowe,
As requested, Fort Pierce Utilities Authority (FPUA) would like to confirm the availability of
eaten and vvastewater service to the above-referenced development. capacity for this phase of
the development is delineated in the attached "Water and V/astewater Supply Agreement
Amendment" dated November 7, 2027 and is currently available at EPUA's !!hater Treatment
Plant and Water Reclamation Facility.
Availabillty would he contingent upon the completion of construction of the required
infrastructure and payment of the applicable flees and chargc-s, [Tease visit our website at
to review developer requirements, specifications, details,fees, etc.
Should you have any questions Tease contact Richard .lames Carnes at (772) 466-1600
ext.3472.
Sincerely,
James Leland Carnes
Supervising Engineer W/9f@6W Engineering Department
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Reliable Public to work
Power Provider ST LUCIE COUNTY
Prepared by and Return to: Revised 1 -02-2017
Fort Pierce Utilities Authority
Attn: R. N.Koblegard, III
Cnilrthouge Roi,,14 i
ANAI YVA:ER AN', VY'AA i�:ESA'�.A Eli 9;.3PP UV,'�A'='31�DEEM13EN T r�MII`I�d�i°a1G!'.99
THIS A REFE I-VIIE'��i E!`�'QMENT (herein referred to as 'rrn,--ndment„) Is made anA
entered into this day of '�'?'1' '�E'-% 2017, by and between FORT PBEP,CE
UTILITIES AUT i-1GAH" (hereinafter referred to as'F PUA"),and FtEiVAR H*0M .5(MORNi GSIDEI,
G9� (hereinafter referred to as "Customer"), and Culpepper €i Ten enina� lnc; hereinafter
referred to as"Project Engineer"), The Project name is IVIORNINGSI-DE hereinafter referred to as
the "Project").
WHEREAS, FPUA is the governing body authorized to enter into agreements relating to
the use of water and Wastewater supply to the City of Fort Pierce;=i,d
WHEREAS, the Customer owns property located in St. Lucie County, Florida, through a
Quitclaim Assignment as more fully described in Exhibit A attained 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 Interes s of FPUA,Its customers and
the City of Foie Pierce to modify the terms and conditions of the original water and wastewater
supply agreement described in Exhibit B;and
WHEREAS,the Customer has opted to utilize the Capacity Feduction Option whereby the
i;,i"es+ciii Guaranteed RevCnlac i.,iiiurg(: (.Gfi`iC) debt `J•.ile be oil E i7`A i'lc Initial capacity credits
allocated to the project pursuantto the provisions of ECG HAt 0, described In ExhM D and fully
described below.Remaining capacity allocations will be addressed beliow.
WHERE-AS,the custorner agrees that Leon execution of tl`k Amendment, all termos arid
conditions of E°!;�ii'h,B,�A.i ll be superseded by this Amendment air i r+ei;<,r suppkt agreements'mill 1
be required for future phases of the Project.
MOW,THEREFORE,�EREFORE,for and in conside;'Gtlon of these prerr:Ises;the mutual under takings
and agreements herein contained and assumed, the Customer, :-rigineer, and FPUA hereby
covenant and agree as follows:
.1. The forego'ino statements are true and correct.
1
2, Project Capacity-(Pally described to ExhiM D)
Page 1 of 11
Water - The customer requires an allocation of 126 -A/ater Equivalent Residential
Connections (hereinafter ERCs) to complete Phase 2A of the Project at 300 gallons per
day and the customer has 49.71 water ERCs currently entitled with the development
(based on payment of outstanding CRCs by the Capacity Reduction Option).Therefore,
the customer has a water ERC deficit of 76,29 water ERCs to complete this phase,
'�Rf cCSG�?.�'�,...�, i le j_ - - ... !I n�.r rn�^ .-.i �A g IC_.._r.
i!i !equ31 i:3:sill Gil liu'L;Vii U! `�'t<�C+J iCV`J c(iCi Ll%G,u'6 Lii j7GiiV ii3
per day and the customer has 195,94 wastewater ERC" currently entitled with the
development(based on payment of outstanding CRCs by the Capacity Reduction Option).
Therefore,the customer has a wastewater surplus of 69.94 wastewater ERCs that maybe
allocated to future phases of the project,
m The customer has elected to paV for deficit ERCs,at presae day rate,on an as heeded
basis(upon requestto connect homes to FP[UA's facilities). In the event these allocations
are found to be insufficient at any time, Customer will be liable for any and all fees,
including, but not limited to, Capital Improvement Charges required for the additional
demand.
System - The Customer, FPUA and the Project Engineer have determined that the
following facilities (hereinafter "the System") are required to serve Phase 2A of the
Project: onsite water distribution and wastewater coliection system, in accordance with
the approved plans for the System prepared by Culpepper & Terpening, Inc. and
submitted and accepted by FPUA. i
Permits - FPUA will sign FDEP general permits for the Phase 2A of the Project when the
utility construction plans are reviewed and approved by FPUA and when all applicable `
terms and obligations of this Amendment have been met by the Customer,
Title-Upon execution of this Amendment,the Customer,at its expense,agrees to furnish
FPUA with a copy of the recorded Warranty Deed for the purpose of establishing
ownership of the Property. Any mortgagee or lien holder having an interest in the
Property will be required to execute a Consent and Joinder of Mortgagee/Lienholder in a
form approved by FPUA counsel, subordinating Its mortgage or lien to the utility
easements contemplated in the foregoing Amendment. The Customer must either i
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 propier'ty or that any mortgage
or lien holder has properly executed a Consent and Joinder of Mortgagee/Lien holder, The
title policy or letter must be issued within thirty (30) days of the execution of this
Amendment by FPUA,
6. ProDed Engineer-The Customer shall retain a registered nrofesslonal engineer("Project
Engineer")to perform all duties defined by this Amendment, The Project Engineer shall
adhere to all FPUA Standards and Specifications provided, to the public by FPUA in
° reference to construction of utilities and connection to -PUA's water and wastewater
systems,
Page 2 of 11
7. Easements e The Customer hereby grants and gives to FPUA the exclusive right and
privilege to own, maintain, operate and expand the potable water and wastewater
facilities in, under, upon, over and across the preseii 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
n} the Potable plater and facilities, that in the event FPUA is required or
desires to install any of its potable water and wastewater facilities in lands within the
Property lying outside the streets and easement areas described above, then Custoiler
or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the
necessary easement(s)for such installation, which easerreot(s)shall be recorded in the
Public Records of St. Lucie County, Florida; provided, all such installations by Utility shall
be made in such a manner as not to interfere with the then primary use of the Property,
Customer or the successor owner(s) shall obtain written approval from FPUA prior to
installing any structure or object, including, but not limited to,fences,gates,signs, trees
or poles, within an easement area, in consideration of FPUA's consent to an
encroachment, Customer or the successor owner(s) shall agree to indemnify and hold
FPUA harmless from and against all liabilities or damages.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 End 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 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 a the Customer and Project Engineer shall'Airnish a complete set of design
documents, plans and specifications of the System for review and acceptance by FPUA.
Approval of the design documents, plans and speciBica•tions Is valsd for one year,'turn the
date of approval. FPUA reserves the right to require by resubmittal 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. FPUA will also have the right to
review and approve the acquisition and installation of materials. If FPUA determines
there are deficiencies in the contract documents, materials or installation of materials,
Page 3 of 11
the Customer and the Project Engineer agree to take appropriate action to correct the
deficiencies. The review and evaluation of bids or contract documents by FPUA will not
relieve the Customer or Project Engineer of any responsibilities and liabilities for defects
in said contract documents, materials or installation of materials. In the event that the
Project is to be constructed in phases,the Customer and Projeci Engineer shMil furnish a
complete set of phasing plans for review and acceptance by FPUA. FPUA may not allow
phasing or may require modification to the submitted phasing plan to ensure that no
negative effects are placet7 on the FP11 water or vvastevvai r system.
9. SgAlbmilttals-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 resafves 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 Drawings- Pre�tparation of accurate record drawings, Including all items set forth
C I IA Ci;. ii 1.`1-.ri l.� rill riwi �a orn7S the- so de- •r� ins. r 'in :P .,� =_and_,. and sfica-10-in Is . so e respon5E!.?Wly the Prod- Er—n ei.
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,r-vithhold services and/or file a
notice with the Florida Board of Professional Engineers,
M FPUA Inspections - During construction of the Systems, FPUA may from time to time
inspect such installation to determine compliance with the plans and specifications,
adequacy of the quality of the installations, and further shall be entitled to perform i
standard tests for pressure, infiltration, line and grade,anc all other normal engineering i
tests to determine that the system has been installed in accordance with the approved
plans and specifications. Completed record drawings, including hard copy and electronic
media when utilized,will be submitted to FPUA upon completion of construction.
12. project Engineeir[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 'let during construction. Inspectors must meet
Minin nUrn qualifications as defined, in FPUA Standards and Specifications,
M T vansfar®f SVs ram to FK A-Customer and Project Engineer Ltvipl pro,,We find cost and
quantities to FPUA prior to FPUA's acceptance of the Systern. 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 th. installation and prior to the
rendering of service by FPUA, the Customer shall convey t 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 byCustomerand approved by FPUA,.
along with documentation of Customer's costs of construction and Customer's No Lien
Affidavit, in form approved by FPUA/s counsel, Subsequent to the construction of''the
SySteril arid prior to receiving a meter(s) 'from RUA, the C):storaer shall convey to FPUA
all easements and/or rights-of-way coVehn8 arc-as in vvhich potable water and
wastewater lines are installed by a recordable document in a fomi 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 tunrownedbyFPUA. The Customer,
through its counsel,will certify that the Customer has the right to convey such easements
or rip hts'uf-m/ny and furrhercert|fV�m� FPUA'y right to the continmousen]oynnen1ufsuch
easements orriQhts-of-vvoyfor those purposes as set forth|n this Amendment,
14. WarrantV—All parties understand that substantial portions of the System,were installed
and not properly certified for operation through FDEPbe|m/een 2_005 and 2018and
thereforathe useful life nf 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/ materia|sur installation or any
other failures that may be attributed to the System sitting dormant. The warranty will
begin on the date of final acceptance byFPUA. The warmn1y will provide, among other
things,that the Customer Will,upon notification by FPUA,correct any&-ficleencies as soon
as possible or reimburse FPUA for any work performod by FPUA to correct the
deficiencies.
IS. OxmneKmhUp of System ' The Customer agrees with FRO that a// potable water and
wastewater facilities conveyed to FPUA for use in ooNmeolmn with providing potable
water and vvasiewater service to the Property shall at ail limes remain in the complete
and exclusive ownership of FPUA, and any entity owning ariy part of the Property or any
residence or building constructed or located thereon,shali nothave 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 e}o/Vy/ve right and privilege to provide potable water and wastewater
services to the Property and to the occupants of each residence or Wilding constructed
thereon.
16. Meters 'The Customer or its successors in title will be assessed the meter charges and
dapoy!tsatthetirmetbeCumtonneriacomnectedtothefao|l|t/es. Customer agrees ionotify
purchaser of lots, if applicable,nfthe Provisions of this paragraph.
1-7. Guaranteed Revenue Changes - Anmmo( Guaranteed Revenue Charges (GRCs), as
described in the currant FPUA Resolution, will be a ocesaed1ma|| units not connected-to
water/wastewater services Within one (1) year From t�e date of execution of this
Amendment signed by FPUA. Failure to promptly pay FPLA |nvoiced8RCu is cause for
Termination,Customer agrees to notify purchaser of lets, i/ applicable,of the provisions
of this paraQmph,
Page Sof11
� e Armexatbn Agreement or Evildence Thereof-The Custon,ershaII, simultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as FxhiM 'T' providing that the Property will be annexed into the city limits of
the City of Fort Pierce, Florida, whenever such annexation may legally occur. The
Customer further agrees, for itself, its successors and assl5+is, that±t will sigi i any arid all
necessary documents to effectuate the annexation upon reo 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 -agrees uid1, oils iavciaiiieii C, along with the Annexation flgreelllClil in'the
form attached hereto as Exhibit"F",shall be construed to satisfy requirements of law for
consent or approval of such annexation now or hereafter required. In the event that
individual lots are sold,the Custonner shall be responsible Mr 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.
Tern lanai[o n - The Customer can terminate this Amendment by written request at any
time. With a minimum 30-day written notification,FPUA rr iy terminate this Amendment
due to Customer's failure to pay GRC invoices. In the event of termination by the
Customer or FPUA,the Customer shall be entitled to a refund of an amount equivalent to
one hundred percent(100%) of the Capital Improvement= har ges that were allocated to
the Project at the time of execution of this Amendment, without interest, minus an
amoount 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 6 uaranteed (revenue Charges
already paid at the date of termination. Termination, vvill also result in the forfeiture of
reserved capacity and may result in cancellation of ;:lie Florida [department of
Environmental Protection Permit. If construction of the Project has not commenced
within five years of the date of execution of this Arner;dmeint by the parties, the
Amendment will be automatically terminated,the provisions of this Amendment shall be
null and vold and funds shall be disbursed based upon the forrrnula stated previously in
this section.
o, FPUA Regullw(Han - Notwithstanding any provisions in this Amendment, FPUA may
establish, revise,imodify and enforce rules, regulations ant=fees covering tine provision of
pTJtabie water and wastewater service to the Property, 541t? nines, 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.
HoUces-All notices provided for herein shall be ine writing and transmitted by mail or by
courier,to the parties as set forth belovv:
Page 6 of 11
F P UA:
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 @r� enarhomes.com
Project Engineer:
Name: Culpepper&Terpening, Inc.
Address: 2980 S 25th St, Fort Pierce FL 34981-5605
Telephone: (772) 464-3537 Fax: (772)464-9497
E-Mail: pferland@ct-eng.com
22. Amendment - This Amendment constitutes the entire Amendment between the
Customer, FPUA and the Project Engineer, No additions,alterations or variation of the
terms of this Amendment shall be valid, nor can either party waive provisions of this
Amendment, unless such additions, alterations, variations or waiver are expressed in
writing and duly signed by the parties hereto. This Amendment shall be governed by the
laws of the State of Florida and shall become effective upon execution by the parties
hereto. The venue for actions arising out of this Amendment is in St,Lucie County,Florida,
This Amendment shall run with the property in which it is proposed to serve and the terms
of this Amendment shall be considered binding to any assigns or heirs,This Amendment
shall be recorded by FPUA's attorney. All preparation and recording fees, etc., for the
Amendment shall be paid for by the Customer directly to FPUA's attorney at the time of
execution.
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IN WlYNES5 WHERP,vr, the Custorne'r, Project Engineer artd FPUA have, executed or
have caused this Arn ndm rit to be duly e(ecuti'd in several counterparts, each of which
counterpart shall be considered an origh`lal executed copy of this Arnc,Hwie,nt,
*'•l PtY 9-:'f..^-. 'Pi] Ti ^ 1.^.i1v
i-unrFiEIRCErc4iI[ iESt'..i6iu..,nrrr
JlgrMUr c Or VVitneS5, ! chairman-Signati.lre&Printr3 Name
ti 2
Pi Anted Name of Witness Secretary-Signature A Printed Nape
A�1 d`r�ttnr �rl v L
•argdiuiL,ry i%r iier*.a.a .Jrtji raLLE;u:�;lei vi.gusGt:•1�i
j V r-jj i
Printed Name Of W1'truo4s Printed Name of C_ss_orn�
Sigm'-Wre of Witness � Slgriature of Project Englweer
t'•b�'7(;'+' i'� l^.e'f'y.'f.k:,II :S= ��'r J•'1 1
Printed Nam o"f Witness PrInted f*linae on Project'EngIneer
f �
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STATE OF F!,QR1bA
COUNTY OF
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The fioregomg Instrument was acknowledged before w this � clay of
1,1
G`ulJC,rt,?��l { 1i i,by
on behalif of Fort Pierce IYItifides Audholity,who we Pers-DiMIN hlaavl!G rune
S§gnature of P otar'i
qotl@imiflAyWAWfl KAlA�
Printed c 1� �M Auyusi 14,2o12 i
`_,_,Yfi,�i�'_- uJi��:J'mtuNaGiyflohl�e2lnusmrnt�ts'�
° f
Page 9 of 1i
Icusto;'ner)
STATIE OF FLO49OA
0 -A�, V,
COUNTY OF �U�� _
The foregoing 1 5�Furirr4 cams ''.cdma`vvled,2e be-fore me l lgvvho 1"the
the i:Us u'rn ,on bee11a17 of said wij1prly,he(she 1sg Lompl y IC1v04'/11 Ito 1 fie.
t ' ?
y���{v; n-:,. .rr1,�r,.:,r i'd•�13?�Jis 66 !
v r-J,r 1fi ..r,if3lu��t rfi707�3 C7Cla f�`di� 11 �A
Cl11'nL'::iApi7 Olt,2021
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Yis my GoPa1MmtCi J 11�430+�7�ii
STATV-OF l'LORIDA
C 0 U N r Y 0 F ��• �.� It'd,
The foregoing IIIs8:rt1mer3't WaS acknowled, ed before rye this cloy of
4 Ie_.t-1'-f�'J.�Cr- , Zc-'' Yr ,b f/ a{F.{Cy_-._`i_: a� t.��•`t�'�iit7k 1iU}io I5 the
.1 t l_i 1'II f'tr
Project Engineer,on beha?f,o=said company, s pensonally kr,rmin to rre )
Slgl stun of Notary
Printed bare of tio- y
�1WAIIIA r i
s�, fi'"' �°1'J1V�s�5�ivll55ia✓6'����G03d�62
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Page 10 of III
List of Exhibits:
Attached NA
5 11 A Quitclaim Assignment(including legal description)
unn E Palm Breezes and Sunnyland Farrns Original Supply Agreement
u
C Joint Notice Document Execution—ERC Credit Allocation: Centex
Homes and Siannyiaiiu Far hiss, PLC
D Capacity Reduction Option Worksheet
uE Utilities Assignment Agreement dated May 12, 2005
nF Annexation Agreement
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