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HomeMy WebLinkAboutFPUA FPUA CUMMUNI II Y PROUD Nil _, _• .rs r February 5, 2019 Rhonda Rovve, Manager Renar Homes Morningside, LLC. 3275 SE Ocean Blvd. JtldaG t, i-lo rOLLa, 3413,96 S-UWECT, Mlorningside Phase HA PNnned Unit Development Q0 Dear Ms, Rowe, As requested, Fort Pierce Utilities Authority (FPUA) would like to confirm the availability of eaten and wastewater service to the above-referenced development. Capacity for this phase of the development is delineated in the attached "Water and Wastewater 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, [Tease visit our website at 4R,,4vVd.I ptr,_i.t;), :to review developer requirements, specifications, details,fees, etc. Should you have any questions Tease contact Richard Jarnes Carnes at (772) 466-1600 etct.34.72. Sincerely, James Leland Carnes Supervising Engineer W/WW Engineering Department FPtA 2018 P �� __ i•"' _�i=rf i-.._ �'„_ .-t .. .,.�_.. .a.•"S'�L.i�,_,._L'1?�i'��if.v, 1=:i=, _� _ i:�cf�'.ar' - to(eS Reliable Public work Power Provider ST LUCIE COUNTY Prepared by and Return to: Revised 11-02-2017 Fort Pierce Utilities Authority Attn: R. N,Koblegard, Ill numb-iii_5P Rmx 145 �.o �°r L- ;a €�EEiv E i 1VJ 11,dUOVI 11: THIS f:UENiEN1 A,rya`iES COVIE,N (herein referred to, as `A micndment") is made an d entered into this 7 day of 2017, by and between f F�C�4�pT'1 i'aERCE UTi L3 i in s AU"i-HO ' (hereinafter referred to as';PUA"),anti i{Ei�>PR HMVIES(IJ04Ji"1I��11VGSJ1DEI LLC, (hereinafter referred to as "Customer"), and Culpepper' & Terpening, Inc; hereinafter referred to as"Project Engineer"), Th.2 Project name is 1Vi0RNiM8SKX hereinafter referred to as the "Project„) WiTNESSETH: 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;amd WHEREAS, the Custorer owns property located in St. Lucie Cokinty, Florida, through a Quitclaim Assignment as more fully described in Exh's0 t A attac.ried hereto and rnade a part hereof and hereinafter referred to as "Property", vvhereupon 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 modifythe terms and conditions of the original water and wastewater supply agreement described in Exhibit B;and WHEREAS,the Customer has opted to cRili%e the Capacity Feduction Option whereby the piesen Guaranteed �e'v'e^€iU Lhci (. I C) d�,fJL` v,'lii be offs�L L'i the' 1311�:i 1 Cd ;ty CreClotS allo.caW to the project pursuant-to the provisions o EExhNAt 0, described in E,,dWoit D and fully described below, Remaining capacity allocations will be addressed bel w. t;' HE REe S,,the customer agrees that upon executiron of`Cf Is Arnenjrri-3nt, 2N tenlos an7a -onditions of E',hWk B,Luv ll be superseded by this Amendment an-l"new supply agreements L"Jill be req*ed for future phases of the Project. l MOW,THEREFORE,for and in considerado:n of these prerrhes;the mutua, undertakings and agreements herein contained and assumed, the Custorer, Hngineer, and FP UA hereby covenant and agree as follows: 1t, The foregoon�staternents are true and correct. 2, pprojec.L Capacity (i aRY describml in Exhibit D) Page lot'11 plater - The customer requires an allocation of 126 Nater Equivalent Residential Connections (hereinafter ERCs) to complete Phase 2A of [he Project at 300 gallons per clay and the customer has 49.71 water ERC's currently e,ititled with the development (based on payment of outstanding CRCs by the Capacity Peduction Option). Therefore, the customer has a water ERC deficit of 76.29 water ERCs t:)complete this phase, ,,,;d�a Gh2.,�a�, Th'd�Us,.., _ c.:, ,Ali�•'—.. a -,, rn�r i-:, a,, it i i'rHU�i Nip C1 i1 �.u'tiUi i Ut dcSfi'f'�- 'r�Cl tii LII..,J ut G�r"v fj GiiUii3 per say and the cuFtnmCyr has .195,94 wastpui;;tPr FP.C'; r_urreni+y entiijPd !A/ifl"1 the aIevelopmeni(based on payment of outstanding CRCs by the Capacity Reduction Optioni. Therefore,the customer has a wastewater surplus of 69.94 wastewater ERCs that maybe allocated to future phases of the protect. m The clustoirnelr has elected to pay for deficit EM,at pr,=esArt day rate,on ail as needed) basis(upon request to connect homes toFPUA'sfacifitires), 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 collection system, in accordance with the approved plans for the System prepared by Cu.lpeope'r & Terpening, Inc. and submitted and accepted by FPUA, a, Perr mlits - FPUA will sign FDEP general permits for the Phase 2A of the Project when the utility construction plains are reviewed and approved by FPUA and when all applicable terms and obligations of this Amendtment,have been met o r the Customer, 5 Titia-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 i 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 i confirming that either there is no mortgage or Bier on the property or that any mortgage or lien holder has properly executed a Consent and kinder of MortgageejLienholder. The title policy or letter roust be issued within thir'iy (310) clays of the execution of this Amendment by FPUA. 6. P rfojed Engineer-The Customer shall retain a registered erofasslorial engineer("Project Engineer")to perform all duties defined by this Amendment. The Project Engineer shall adhere to all -FPUA Standards and Specifications proAc:.di to the public by FPUA in reference to construction of utilities and connection to =PUA's water and wastewater systems, Page 2 of 11 n 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 sheets, roads, easements, reserve- utility sites aria 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 thatthe 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 +hp not-ble ruater purl 1AJRStet,1Rter faditips; thn_t in rfin event FPUA is raqui ed or desires to install any of its potable water and wastewate;' 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 ease rnent(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) shah obtain written= approval from FPUA prior to installing any structure or object, including, but not lirni'red t�,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 pov.. on 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 rrd 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 directiv to FPUA's atttorney at the time of execution, 0o C©instlr ctrion e The Customer and Project Engineer shall 1+`uLrnlsh a complete set of design documents, plans and speclficaUons of the System for review and acceptance by FPUA. ,approval of the design documents, plans and specifica'tiors is valid for one v-ar from the date of approval. FPUA reserves the right to require the resubmittal of the design documents, plans and specifications if construction of the project has not commenced within six months, The accepted design documents wlill 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. rPUA will also have the right to review and approve the acquisition and installation of Ma eriais. 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 'cake 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 Bald contract documents, materials or installation of r;aterlals, In the event that the Project is to be constructed in nhase ,the�iictr�sn c -a—]� nl0(i Fng;nep,clnall frisk "._._ -, _ ._ ._ _J.___ .iC. __ .. •si ail ci complete set of phasing plans for review and acceptanceby FPUA. FPUA may not allow phasing or may require modification to the subi-nitted phasing plan to ensure that no negative ef``er f s are '-larc-; on.the;M water o am + m _o_-.. . _ _. ,.. N11---- ., ," vr'�V'Uu��.� �r vv as ie vvawI SyS Lc�n, 90 SuiomMalls-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. Record Drawings - Preparation of accurate record drawings, including all items set forth in FP1 �.nni-aiiaJ aii%'j. Jp e:ifl�a Rio�;is, !9 1..... ��'I� ;`--., �3:3S1�J 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,+A/ithhold services and/or file a notice with the Florida Board of Professional Engineers, i ��.. FPUA Inspections - During construction of the System, FPUA may from time to time inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the Installation, and further shall be entitled to perform standard tests for pressure, infiltration, line and grade, anc all other normal engineering tests to determine that the system has been installed in accordance with the approved plans and specifications. Completed record drawings, including hard copy and electronic r€eedia whien utilized,will be submitted to FPUA upon coinnpietion of construction. �?. Project Enngineer Illnslpectrions- In addition to FPUA inspections,the Project Engineer shall provide a qualified utility inspector to ensu.lre that the approved design is adhered to and FPUA Standards and Specifications are ferret during construction, Inspectors must meet 3 f"inirilr�i@.iui"i qualifications ast,iefined in i=3-t>11 S?andraY'ds ani'ld S;=2':;I'rlcat1On15, `transfer cO SysRrern to FPUA-Customer and Protect Engines,, wlpl provide finil 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 Systems 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 conipletio;; of th; installation a'rid 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 construction and Customer's No Lien Affidavit, in form approved by FPUA's counsel, Subsequent to the construction of the Systern and prior to receiving a meters? from FPUA, the C:;Stom.er shall Convey to FPUA all easements aril%or nigh"is-o--V1iay Covering areas Ire 'av(llcI puCauie 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 ovi ned by FPUA. The Customer, through its counsel,will certify that the Customer has the right to convey such easements �r yiah -n-,-t IRV and iiir'fhar rerrif.iins Fp113'c right to the continuous enjoyment of such easements or rights-of-way for those purposes as set forth in this Amendment, 14. WairrantV—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 Systern, warranting that the Systern is free of defects including deficiencies in or "failure to the design, nnater'ials ur inslaliat on or any other Failures that may be attributed to the Systern sittip..g dormant, The warranty will begin on the date of final acceptance by FPUA. The warrai2 rye will provide, among other things,that the Customer will,upon notification byFPUA,correct any d-eficiencies as soon as .possible or reirr,burse FPUA for any wort; performed by FPUA to correct the deficiencies-. 25. ©vonevsHp of System - The Customer agrees with FPUA. that all potable water and wastewater facilities conveyed to FPUA for use in connection with providing potable ,.vate'r and waste,vater service to the Property shall at all"tries rernaa n In "the cornp9ete and exclusive ownership of FPUA, and any entity owning any part of the Property or any residence or building constructed or located thereon,shalr not have any right,title,clairn or interest in and to such facilities,or any part of there,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. misters -The Customer or its successors in title will be assessed the meter charges and deposits at the tinne the Customer is connected to the facilit,E�s, Customer'agrees to roil y purchaser of dots, if appl'cal,ole,o`o tV`e provisions of ti`iis paragi-apn. 7. Gt,ac,ar,med Revenue Charges - Annual Guarapteed P3venue Charges (GR Cs), as described in the current FPUA Resolution, will be assessed-to all units not connected to wateu"'Puastewater services within ene (1) year from i date of executioin of this Arnendrnent signed by FPUA. Failure to pronniody pay FPLA invoiced GRCs is cause for Termination, C ustoiner agrees to notify purchaser of lasts, F applicable,of tide proi3Oons of tMs paragraph. Page 5 of 11 in. Annmiatian Agi'eemierit or Fvicdenre Theveof-The Cusi:on•,er'shall, simultaneous with the execution of this Agreement, execute an Annexation Agreement in the form attached hereto as Dthibit "F" providing that the Property will be annexed into the city limits of the City of For'. Pierce, Florida, ij'henever Such annexation may legally noccur, The ri stonier f_,r'h—` greeP for it ei"a, it- Su cc'ssvrS ain i a �i5(i 5, that 1Itdll tilt ri'y'and ail necessary documents to effectuate the annexation upon re-vest of the City of Fort Pierce Or FFUA. i he iustomer waives any and all objections to sach annexation by the city of ir v-i rst.-.vCc an-uU1 :g.CC s'Llia L Uhis uucul_n 8ii, along with _hE Annexation �,g"cei_en T in, the form attached hereto as Exlailbit'IF", shall be construed to s tiSfly,requllrenieFiits of law for consent or approval of such annexation now or hereafter required, In the event that individual lots are sold,the Customer shall be responsible scr info•rming 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,regarding fees,etc.for Annexation Agreements shall be paid for by the Customer directly to �PUA's attorney at the time of execution. 19. TerrmiinaVan - The Customer can tern-Onate this Amendment by written request at any time. With a minh-num 30-day written notification, FPUA ma-,/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 (1000%) of the Capital Improvement Cha gges that were allocated to the Project at the time of execution of this Amendment, Nithout 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 6 uaranteed Revenue Charges already paid at the date of termination. Termination will also resu'It 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 i i within five years of the date of executionof this AM ier,drioent by the p�riaes, the Amendment will be automatically terminated,the provisions of this Amendment shall be null and v6d and funds shall be disbursed based upon the formula stated previously in this section. 20. FPUA F'egullatiau-d - I'di;t--ithstanding any pi;midsians in this Anier=i>drnenti, FPUA may establish, revise,rnodify and enforce-rules, regulaturns ana fees covering the provision of pota;bie plater and wastewater service to the Property. Su-, ri-ileS. relauia-tin-ns 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. 2 1. N Nudes-All notices provided for hereiri shall be in writing nd transmitted by mail or by yo�9i'lei',to the parti'eJ as act firth below: Page 6 of it FPUA: John K, Toropeck, P, E, Director of Utilities P,O, Box 3191 Fort Pierce, FL 34948-3191 Customer: Name: Renar Homes (Morningside) LLC Address, 372551 Ocean Blvd Ste 101 Stuart FL 34996-6715 Telephone: (772) 692-7800 Fax: (772) 692-9155 E-Mail: rhondarowe@renarhomes.com Project Engineer: Name: Culpepper&Terpening, Inc. Address: 2980 S 25Lh 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, I i i I I i Page 7 of 11 IN VV III I MESS VVHEREO ,.thQ Custonner, Project Engineer and FPUA have executed or have caused this Amendment to 113'e dully executied in several cour-Lerp-arts, each of which Counterpart shall be considered an original exacuter-I copy of th Is Am cn-i rrip,lit. r'V'RT PIERCE UITILMES AUTI 1GRIT Y By: Sigratura-of Vvit'nesa, I It F-rint Name j t PrInted Narne of Witness Secretary-Slgnature& Printed Barns ofoi'✓uH acrnst--. VV air", V 9 pit v.%voe 96 Printed Name of Witness Printed Name of UStorrmr slgwRure of witness S�gnatura of Project Englneer Z0, Pr1ruted Name ofWlbiess Printed'NNma of project Engineer (FPIJA) STA-1k Or,FWRIbA COUNTY OF the foregoing Instrument was acknowledged before inp this clay of N J i by is on behalf of Fon Plerce LIVIRIes Autlifoxity"Who are krioWn"0 rile, Signature of Not iril 77'- = "Y'1F11+z2i41`11-L 10-R-ZJD=@- P r I nrit e Li ! :�Au Page 9 of 11 6 5TA-1E OF FLORIDA COUNTY Or The fnregnln' —strun;nt w3s L�1;n�..'ufw`I�2 before i^� hi h dL+�;.. of .A��xiD�f(-� ..✓� ' a����1�it�/�P3i i v �••j�w:r�' �_ '"v o.^,i5 iSi2 iTie Lt Sfornzr,on behaii of sasti CoMpany,He(Silm))'ISAe"'_.4al,'y To 7,E. lli e of Not;ln/ o L.! ' (iy-Prl!3JqAN.qTq.qf Not AL3 ��z' ,�!'ll�>r:tttp�il U$,rZtl2i �i MYcommmSION I/-@Q9878is ' Y3aa a� rl�i�9?p1116ia�^01 STATE OF FLORIDA COUNTY OF The foregoing hlsy:e•rlMen't WBS acknowled!Sec� GEcorE r,e this �i a'�' clear of � f.0 Er Zc�rYf by ' {'{C4._ia a� IL, lwho I5the 7'i Project Eng-Meer,on heharf of said cor;��nGr�y,�H���st�e'is yaersonelly Imcmin to Signature cf No'tary ; Printed lc ame of Notary MY,0MMfS8€rN w 0GO14882 28,2 j 1 l I i Page 10 of 1 a Lust of Exhibits: Attached NA n n A Quitclaim Assignment(including legal description) nn B Palm Breezes and Sunnyland Farrns original Supply Agreement I X I C joint Notire nnriiment Execution—ER.0 Credit allocation; Centex —� Homes and Sunnyland Farms, LLC D Capacity Reduction Option Worksheel nE Utilities Assignment Agreement dated May 12, 2005 nn n F Annexation Agreement u i I i i i I i Page 11 of 11