HomeMy WebLinkAboutPaid UtilitiesFebruary 5, 2019
P,honda Rowe, Manager
Renar Homes Morningside., LLC.
3275 SE Ocean Blvd.
Stua—Ot, Florida, :349-1962
WBJECT- MorMnZsUe Phase flA Planned Unk DevMapmentt QVUPD�
Dearr Ms. Rowe,
As requested, Fort Pierce Utilities Authority (FPUA) would like to confirm the availability of
water and wastewater service to the above -referenced development. Capacity for this phase of
the development is delineated in the attached "Water and VA/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
e)(t.3472.
Sincerely,
James Leland Carnes
Supervising Engineer W/WW Engineering Department
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Reliable Public ST LUCIE COUNTY
Power Provider
Prepared by and Return to:
Fort Pierce Utilities Authority
Attn: R. N. Koblegard, III
Courthouse Box 145
Revised 11-02-2017
I31vA: EP, AND IWA S .Eills" ; Ei' :,° LL f GI-E ''v �' ',1 iu
t a PAL i'�R �ivi=;;i1�is"wiv
HIS Aa7':EEMIEN s;NIENCNIFENI! (herein referreu ILQ as 'An'i,ndf ent") is made and
entered into this day of '� ' 'J '3'F'--li - 2017, by and between FORT MERCE
UTILITIES Agi-r� ORi'i G (hereinafter referred to as "PPUA" ), andREi�aAR tiO vIES livi€�F;i INGSiyEio
LfC, (hereinafter referred to as "Custornc r"j, and Culpepper Ter�,efiinp Inc. hereinafter
referred to as "Project Engineer''). The Project name is IVIORNIMNEDE hereinafter referred to as
the "Project"),
it iTNESSE TH:
WHEREAS, FPUA is the governing body authorized to enter into agreements relating to
the use or water and wastewater supply to the City of Fort Pierce; ad
WHEREAS, the Customer owns property located in St. Lud.- County, Florida, through a
Quitclaim Assignment as more fully described in Exhibilt A attached hereto and made a part
hereof and hereinafter referred to as "Property", !whereupon the Customer is contemplating
continued development of the Project; and
WHEREAS, FPUA has determined that it is in the best interests of FPUA, Its customers and
the City of Fort Pierce to modify the terns .and conditions of the onginal water and wastewater
supply agreement described in Exhibit B; and
WHEREAS, the Customer has opted to utilize the Capacity Feduction Option whereby the
present Guaranteed Revenue Charge: (.C-RC) dent will be offset a'° the initial capacity credits
allocated to the project p.irsuantto the provisions of EABbit B, described in E;ghiWt ID and fully
described below. retraining capacity allocations will be addressed below.
WHEREAS, the customer agrees that upon execution at tFis Amendment-, all terons arid
conditions of Exi;MN- B, will be suipersoded by this Amendment an-; new suipphi agreements will
be required for future phases of the Project.
MOW, u HEREFORri, for and in consideration of these prep -Uses, the mutual undertakings
and agreements herein contained and assumed, the Customer, Engineer, and FPUA hereby
covenant and agree as follows:
1, The foregoing statements are true and correct.
PTO jeGt Cap@ 'ity - (F'crity described in Exhibit D)
Page 1 of 11
VVmter The customer requires an allocation of 128 water Equivalent Residential
connections (hereinafter ERCs) to complete Phase 2A ofthe Project at3UOgallons per
day and the customer has 4gQ1.water ERC's currently entitled with the development
(based on payment ofoutstanding GRCy 6vthe Capacity Hedudhn Option). Therefore,
the customer has a water ERC deficit of 76.29 water ERCs to complete this phase.
VK�m�xm��er'ThecuxtoUnerreqU|��ona�o:ot�n��1C��na���aha�[RCsa�24OQa|!iis
per day and the customer has j95�94' wastewater E�s currently entitled with the
development (basedon payment of outstanding GRCs by the Capacity Reduction Option).
Therefore, the customer has -a wastewater surplus of 69.94%,vastewater ERCs that maybe
allocated to future phases of the project,
* The customer has elected to payfor defidt ERCs, at presonL� day rate, on an as needed
basis Jmponmequest to conneurt hernes to FPUA'sfacikities).)mthe event these allocations
are found to be insufficient at any time., Customer will be Uob|o for any and all fees,
including, but not limited to, Capital Improvement charges required for the additional
demand.
3. System ' The Customer, FPUA and the Project En§jnee have determined that the
following facilities (hereinafter "the System") are requ|red to serve Phase 2A of the
Project: |nawcopdanoew�h
the approved plans for the System prepared by and
submitted and accepted byFPUA.
41, Pevmiits-FPUA will sign FDEPgenera|peNnKsforthePhase2AoftbeProjectVvhenthe
utility construction plans are reviewed and approved bVFPUA and when all applicable
terms and obligations ofthis AmmOdn^enthave bQmnmet bythe Customer,
�. Tte^Upon execution ofthis Amendment, the Customer, ot|1sexpense, agrees tnfurnish
FPUA with a copy of the recorded Warranty Deed for the purpose of establishing
ownership of the Property. Any mov-tgagee 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 oouna*|/ subordinating its mortgage or lien to the utility
eene|neOtu contemplated in the foregoing Amendment. The Customer must either
submUt.a title policy or a letter from an attorney licensed to do business in Florida
confirming that eitherthere is no mortgage or lien on the prop,2rtV or that any mortgage
orlien holder has properly executed aConsent and Joinder ofMortXagma'L|enho|der.The
tide policy or letter must be issued within thirty '30` days of the execution of this
Amendment byFPUA.
Project Engineer - The Customer shall retain a registered orofesslonal engineer ("Project
Engineer") to perform all dudes defined by this Amendment, The Project Engineer shall
adhere to all 'FPUAStandards and Specifications pmoYired to the public by FPUA in
reference to construction nfutilities and connection to FPUA'o water and wastewater
systems,
Page 2 of '111
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 prese-ii 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 Amendmen, dedications or grants made
otherwise and independent of said record plats. Customer hereby further agrees that the
foregoing grants include the necessary rights of ingress and egress to any part of the
Property which FPUA reasonably requests for the maintenance, operation or expansion
of the potable i ester and i st fin€ toff facilities, , tha; in the event FPUA is requiredor
- _ - ; n €a..., a. ..., that . . -- -- ..J::.
desires to install any of its potable water and wastewaiel- facilities in lands within the
Property lying outside the streets and easement areas described above, 'then Customer
or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the
necessary easement(s) for such installation, which easerrent(sj 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 a.pproval 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 tinder, over or upon an
easement, the Customer or successor owner(s) of the portion of the Property affected
shall immediately remove the encroachment from the easement upon the request of
FPUA at Customer's or successor owner(s)' sole cost and expense. If Customer or
successor owner(s) fail to remove the encroachment, FPUA small 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 easenrien-t, 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:
C onsteudde n m The Customer and Project Engineer shall • urnish 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 s pefi9 cations' ' for � year fromthe
g ! p �- c5 valid i"o. One y.. 1� TrO:f3
date of approval. FPUA reserves the right to require the resubrnittal of the design
documents, plans and specifications if construction of the ,project has not commenced
within six months, The accepted design documents will sewe as a basis for construction
of the System. The Customer will solicit bids and negotiate a contract for construction,
subject to evaluation, review and approval by FPUA. HUA will also have the right to
review and approve the acquisition and installation of na-erials. If FPUA determines
there are deficiencies in the contract documents, materials or installation of materials,
Page 3 of 1.1
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 rtaterials. In the event that the
Project is to be constructed in phases. the Customer and_Project Engineer shall furnish a
complete sef of phasing plans for review and acceptance by FPUA. FPUA may not allow
phasing or may rewire modification to the submitted phasing plan to ensure that no
negative effects are '-lacer.; or, `h FPUA " water I e" -•o--.... �. N.w ., the Pt„: UtiaT � o, vv aiiewat � Syitcrii.
Submittals - Customer and Project Engineer will furnish to FPUA accepted shop drawings;
change orders, Project certifications, record drawings and reports of construction
inspection by a FPUA-approved inspector. FPUA reserves the right to withhold
connection or certification of any facility if any item is found to be in nonconformance
with FPUA Standards and Specifications.
10. Record Drawings - Preparation of accurate record drawings, including all items set forth
in .. U . � 313i ar _.j aid 3lSpecifications, ?� L:.- mole -SNL 3SEJiI:",y Lire 1 e1i.
1 Engineer .
Record drawings, signed and sealed by the Project Engineer, must be provided in
accordance with FPUA Standards and Specifications. Should major discrepancies or
deficiencies be discovered at any time during record drawing process (as defined in FPUA
Standards and Specifications), FPUA may, at its discretion, withhold services and/or file a
notice with the Florida Board of Professional Engineers,
11. FPUA Insipcections -Curing construction of the System, FPUA may from time to time
inspect such installation to determine compliance with the plans and specifications,
adequacy of the quality of the installation, and further shall be entitled to perform
standard tests for pressure, infiltration, line and grade, ano all other normal engineering
tests to determine that the system has been installed in accordance with the approved
plans and specifications. Completed record drawings, including hard copy and electronic
media when utilized, will be sulornitted to FPUA upon completion of construction.
12. project Eng6weeir lwsipectioirus - 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
rnini'mun'i qualifications as clefined in FPUA Standards and Specifications,
13, Tvansfair (of Sys"rr-trn to FPUA - Customer and Project: Engineer 6A,011 provide final cast 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 o, the Customer, As further
evidence of the transfer of title, Capon the completion of the installation and prior to the
rendering of service by FPUA, the Customer shall convey to FPUA by Bill of Sale, in form
approved by FPUA's counsel, the complete on -site and off -site potable water distribution
Page 4 of 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. Subsequent to the construction of the
System and prior to receiving a meter(s) from FPUA, the Ci.:Aonoer shall convey to FPUA
ail easements and/or rights -of -way covering areas in -{vial potable water and
wastewater lines are installed by a recordable document in a Form supplied by FPUA. The
Customer shall not have any present or future right, title, claim or interest in and to the
potable water and wastewater facilities transferred to or ov!ied by FPUA. The Customer,
through its counsel, will certify that the Customer has the right to convey such easements
or yi 6;jc_nf_nn;av and •fus•;har resr'ri-ftieins FpU3'c right to the rni;�finarnalc anini/meat of such
easements or rights -of -way for those purposes as set forth in this Amendment,
1-4. Warranty- All parties understand that substantial portions of the System were installed
and not properly certified for operation through FDEP between 2005 and 2010 and
therefore the useful life of said System may be reduced. The Customer agrees to assign
to FPUA a three-year warranty for the System, warranting that the System is free of
defects including deficiencies in or 'failure to the design, materials or installation or any
other failures that may be attributed to the System sitting dormant. The warranty will
begin on the date of final acceptance by FPUA. The warranty will provide, among other
things, that the Customer will, upon notification by FPUA, correct any deficiencies as soon
as possible or reimburse FPUA for any work performed by FPUA to correct the
deficiencies.
1S. 0,junership of Sajstrem - The Customer agrees with FPUA that all potable water and
wastewater facilities conveyed to FPUA for use in connection with providing potable
water and wastewater service to the Property shall at all idmes remain in the complete
and exclusive ownership of FPUA, and any entity owning any part of the Property or any
residence or building constructed or located thereon, shall not have any right, title, claim
or interest in and to such facilities, or any part of them, for any purpose. In addition, FPUA
shall have the exclusive right and privilege to provide potable water and wastewater
services to the Property and to the occupants of each residence or building constructed
thereon.
16. Teeters - The Customer or its successors in title will be assessed the meter charges and
deposits at the time the Customer is connected to the facilities, Customer agrees to notify
purchaser of lots, if applicable, of the provisions of ihils paragraph.
17. Guamirateed Revenue CChaWges - Annual Guarar),teed Revennue Charges (GRCs), as
described in the current FPLiA Resolution, will be assessed to all units not connected to
water/wastewater services within one (1) year from thy date of execution of this
Amendment signed by FPUA. Failure to promptly pay HILA invoiced GRCs is cause for
Termination, Customer agrees to notify purchaser of lots, F applicable, of the provisions
of this paragraph.
Page 5 of 21
18. AnuieKation Agreement or Evidence Thereof -The Customer shall, simultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as EuMM'T' providing that the Property will be annexed into the city limits of
the City of Fort pierce, Florida, whenever such and
may legally occur. The
Customer further agrees, for Itself, its successors and Cisslgiis, that It ill sign any and all
necessary documents to effectuate the annexation upon ren.. nest of the City of Ford. Pierce
OV FPUA. I he i.ustorner waives any and all objections to such annexation by the City of
For i Pierce a(I ag�CCS Ll lcl i. tr iia UCJ I.0 lIIl:i 1 L, along with the r�ilileiCaMoil llgreelllelil III tie
form attached hereto as Exlailbit `°F",. shall be construed to satisfy, requirements of law for
consent or approval of suich annexation now or hereafter required. In the event that
individual lots are sold, the Customer shall be responsible iGr 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 i PUA's attorney at the time of
execution.
19, germination a The Customer can terminate -this Amendment by written request at any
time. With a mininnurn 30-day written notification, FPUA rna V 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 Charges that were allocated to
the Project at the time of execution of this Amendment, without interest, minus an
amount equivalent to five years Guaranteed Revenue Charges, The refund calculation
applies only to Capital Improvement Charges for unconnected units at the time of
termination. The Customer shall be entitled credit for any � uaranteed Revenue Charges
already paid at the date of termination. Termination will also result in the forfeiture of
reserved capacity and may result in cancellation of the Florida Department of
Environmental Protection Permit, If construction of the Project has not commenced
within five years of the date of execution of this Airieadment 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.
20. FPUA e'egullaUoifiu - Notwithstanding any provisions in this 14%mendment, FPUA may
establish, revise, modify and enforce rules, regulations anc fees covering the provision of
Potable water and vnIagite�.nfater service to the Property. Su,01 , rules, regulations and fees
are subject to the approval of FPUA, and will be reasonable and subject to regulation as
may be provided by law or contract.
21. Notices - All notices provided for herein shall be in writing and transmitted by mail or by
courier, to the parties as set forth below:
Page 6 of 11
FPUA:
John K, Tornpeck P, E.
Director of Utilities
P.O. Box 3191
Fort Pierce, FL 34948-3191
Customer;
Name: Renar Homes (Morningside), LLC __,_µ _ ___,_ _
Address; 3725 SE Ocean Blvd Ste 101 Stuart FL 34996-6715
Telephone: (772) 692-7800 Fax: (772) 692-9155
E-Mail: rhondarowe@renarhomes.com
Project Engineer:
Name; Culpepper & TerpeninB, Inc.
Address: 2980 S 25fh 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 Ripon execution by the parties
hereto. The venue for actions arising out of this Amendment is in St, Lucie County, Florida.
This Amendment shall run with the property in which it is proposed to serve and the terms
of this Amendment shall be considered binding to any assigns or heirs, This Amendment
shall be recorded by FPUA's attorney, All preparation and recording fees, etc,, for the
Amendment shall be paid for by the Customer directly to FPUA's attorney at the time of
execution,
Page 7 of 11
IN WITNESS WHEREOF,. the CIAStDaner, Project Engineer wid FPUA have executed or
have caused t1'is Arn;endirw:nL to be dully executed in several courterparts, each of Which
counterpart shall be considered an original executed copy of this Amc,relt.Tipeiit.
Signature Of VVRF1955,
Printed Name of Witness
4iIfid1U"4iil
PA V"W"e
Printed Name of ftqn�sss
Signature of Witness
lop,
Prit-rLed Name of Wkiless
(FPQA)
swi E n. r F11,QRJbA
GOUNTY OF
F0117 "HERICE LITHOTHTSAW1 110MI Y
Chairrnariasi nature & Print I Name
Secratary-SlgnatureP4 Printecl Name
YJ
SIgn
Printed Nwna of CIsz->a,4fn�,,
/1, 1—
Stgnature of Project Engkeer
Printed, Mme of pfoj ect Engineer
The foregoing Instrument was acknowledged before, in this clay of
1 1, 1 11'. - " ,% - I
0
by o
on behalf of Fort Pierce LIT111des AuthoNty., who are porgy,qp)wllv known ri nne,
SdBnature of fljoblrj
61,
I M DA 11 MUff MIA
ES: Augost 4, gGiR
Page, 9 of 11
(Cuswmer)
STATE OF FLORIDA
Tk:i fnk-pLnJr-,
of
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the Custurner, on bellaffof 88ICA coiiipany
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-t Eng
STNTE OF rtORIDA
( COUNTY OF J
H a (51lep) lly im a vIn to I e.
JJ
layq
Siia.I ors -0
vLr, I I A-, W I'EA
Notary
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MY CommissioN I/ G0987b,"I
The foregoing IllStrLlMeYAt WRS acknowled !8ed before rne this -�)""v( &I'l of
E,'- (-V ~jam by who is the
Project Engkieev, on beharr of Wd compmy,(THa,(She fz personziiy known to me'-21
Flg�at�l—re of Mtn
Printed Name of f-lotlary
NANA G*Mmwi
Page 10 CA 11
Page 10 CA 11
List of Exhibits:
Attached NA
❑❑ ❑❑ A Quitclaim Assignment (including legal description)
❑❑ B Palm Breezes and Sunnyland Farms Original Supply Agreement
❑� ❑ C Joint Notice Document Execution —ERC Credit Allocation; Centex
domes and Sunnyland Farris, LLC
❑ D Capacity Reduction Option Worksheet
u ❑❑ E Utilities Assignment Agreement dated May 12, 2005
❑❑v �❑ F Annexation Agreement
Page 11 of 11