HomeMy WebLinkAboutPaid UtilitiesFebruary 5, 2019
Rhonda Rovve, Manager
Renar Homes Morningside, LLC.
3275 SE Ocean Blvd.
CL 1 __ — A.
StuaRIL, Flug Duo, 34996U
�URJECT- MarnllngsUe 'Phase NA Pla nbied Unk Deselopment
Dear Ms, Runwe
As requested, Fort Pierce Utilities Authority (FPUA) would like to confirm the availability of
water and vvastewater service to the above -referenced development. Capacity for this phase of
the development is delineated in the attached "Water and V/distewater Supply Agreement
Amendment" dated November 7, 2017 and is currently available at FPUA's Water Treatment
Plant and VVater 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 Jarries Carnes at (772) 466-1600
e)(t.34.72.
Sincerely,
James Leland Carnes
Supervising Engineer W/WW Engineering Department
1MV2W
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ST LUCIE COUNTY
Prepared by and Return to:
Fort Pierce Utilities Authority
Attrn: R. Fi, Koblegard, III
Co-ii"thiii_5 Writ '14 i
Revised 11-02-2017
;�' ! 3 1E :"' `i.l!:M DVS I
THIS A^. REE ENT Atl� lEi"M L iEN (herein referred to as `A.inI ndrnient"', is made and
entered into this ! day of } ,' 2017, by and between FORT MERCE
U Is I i IE13 Aur I. ORIT'y (hereinafter referred to as "FPUA"), and FtEiePR HOMES (1-v OR113iNGS1DEL
LLC, (hereinafter referred to as "Custorner"), and Culpepper €< "erpeflirag, Inc; hereinafter
referred to as "Project Engineer'). The Project name is rrtiDtiblfii' GSIDE hereinafter referred to as
the "Project„)
VVIITNTESSE H:
WHEREAS, FPUA is the governing body authorized to enter into agreements relating to
the use of water and wastewater supply to the City of Fart Pierce; md
L7iiF ER —PAS, the Customer owns property located in St. Lucia County, Florida, through a
.)uitclairn Assignment as more fully described in E7ihibft A attac:-ied hereto and mach a part
hereof and hereinafter referred to as "Property", whereupon the LUStdn1e( is co
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 original water and wastewater
supply agreement described in CAN-1 B; and
WHEREAS, the Customer has opted to utilize the Capacity Feduction option whereby the
`.!res+CIIL ViIarGinteCd 31eveFlue char .li3lt.j +.e(Ji, v411 be offset r i31c Initial Capati.it4, CieCIBI
allocated to the project pursuantto the provisions of Exhlhk 0, described in I`sRhUt 0 and fully
described below. Rerrraini:ng capacity allocations will be addressed b`kow.
u�iM EAS,, the cus'turnei agfees U4 goon execution of .lis Avnendrrierit, alb teri 0s Maid
cond'ations of Exhi! a 1- 03, ,^:till be superseded icy this Amendment anti new supply agreements will
be required for future phases of the Project.
P1 %,r1.J, THEREFORE, for and in consideration of these prenri;es; the mutuar 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.
e ;'oject C-apaJ::hy Fula v described h? Exhibit DJ
Page lot' 11
VVatav The customer requires an allocation of �� ,�t� Equivalent Residential
connections (hereinafter ER{s) to complete Phase 2A of\he Pro at 300ga||ons per
day and the customer has 4g�1`vvater ERC'y uu'rent|y�nt|t|ed vviththe development
'based on payment of outstanding GRCy 6vthe Capacity Reduction Option). Therefore,
the custorner has a water ERC deficit of 76.29 water ERCs to complete this phase,
������'T���merrequir�an8f��don�����u
Per day and the customoer has 195,94, wastewater ERC� currently entitled with the
development (based onpayment nfou1xtandin�GRCsbytheCapac|tyRedVot|onOp�on'.
Therefore, the customer has -a wastewater surplus of 69.94 wastewater ERCs that maybe
allocated tnfuture phases ofthe project.
* The customer has elected to pay for deNck ERCs, at pres�r,,L� daV rate, wwewas needed
basis �upomrequest tmmonnenit homes to FPUA/afadfitiea.\nthe 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.
� SVm8eun ' The Customer, FPUA and the Project Eng!nEe( have determined that the
following facilities (hereinafter "the System") are requi/od to serve Phase 2A of the
Project: |naccordance with
the approved plans for the System prepared by and
submitted and accepted bVFPUA.
4, Penrnlitm-FPUA will sign FDEPgeneral permits for the Phase 2Aofthe Project when the
utility construction plans are reviewed and approved by FPUA and when all applicable
terms and obligations ofthis Amendment have beoNmet bythe Customer,
5 Title-UpmnomcubonnfthisANendmeOttheCudomer,othsexpense,agrees to furnish
FPUA with a copy of the recorded Warranty Deed for the purpose of establishing
ownership of the Property. Anynnor-tgagee or lien holder having an interest in the
Propercy will be required to execute a Consent and Joinderof Mortgagee/Lienholder in a
form approved by FPUA ouunua|/ subordinating its mortgage or |{eV to the utility
easements contemplated in the forago(ng Amendment. The Customer must either
subnmAt.a tide policy or a letter from an attorney licensed to do business in Florida
confirming that eltherthere is no mortgage or lien on the property or that any mortgage
orlien holder has properly executed aConsent and Joinder ofK4nrtgage'L|anho|der.Thu
tide policy or letter must be issued within -thirty '30) dayo of the execution of this
Amendment bYFPUA.
6. Promd Engineer 'The Customer shall retain aregistered urofassimna|engineer/
Engineer") to perform all duties defined by this Amemdmnent. The Project Engineer shall
adhere to o||'FPUA Standards and Specifications ppmzvlo�ed to dhe public by FPUA in
reference to construction ofutilities and connection to cPUA's water and wastewater
systems,
Page 2 of 211
7. Easements ' The Customer hereby grants and gives toFPUA the e0xclusive right and
privilege to own, maintain, operate and expand the potable water and wastewater
facilities in, under, upon, over and across the preae8 and future streets, roads,
easements, reserved uti|kys!ies and public places es provided and dedicated to public
use in the record plats, or as provided for in Amendment, dedications orgrants made
otherwise and independent ofsaid record plats, Customer hereby further agrees that the
foregoing grants include the necessary rights ot ingress and egress to any part of the
Property which FPUA reasonably requests for the maintenance, operation or expansion
oftho po��Ne�aterond e/e�o�a�erf�uU���� �h�� inrhe event FPU�b requ/red or
desires to install any of its potable water and want 'vvate� facilities in lands within the
Pvoportylying outside the streets and easement areas described above, then Cudomer
or the successor owner(s) shall grant to FPUA, vVithoutnnxt or expense to FPUA, the
necessary easennent(dfor such installation, which easement(x)shall be recorded in the
Public Records of St. Lucle County, Florida; provided, all such installations by Utility shall
be made in such a manner as not to interfere with the therf primary use of the Property,
Customer or the sUooe000roVVne[/s' shall obtain VxritteP 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 oVVMarh\ shall agree tu indemnify and hold
FPUA harmless from and against all liabilities mr damages which may beimposed upon or
asserted against FPUA as q 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 ofits facilities located Linder, over or upon an
ease0iant, the Customer orsuccessor oVVnar/s\ of the pordnQ of the Property affected
shall Immediately remove the encroachment from the easement upon the request of
FPUA at Customer's or suucexsor ovv;ey/oy sole cost xpd expense. |f Customer or
successor ovvDer(n)fail %uremove the encroachment, FPUA shall have the right tnremove
the encroachment from the easement. customer shall pmya|| costs incurred by FPUA
related to removing the encroachment from the eoxenieot. All easements shall be
prepared and recorded by FPUA'c attorney, All preparation, recording fees, etc. for
Eayementothat are forthe ben-efit of the Customer shall bed paid for by the Customer
directly tuFPUA,sattorney atthe time ofexecUt|nn.
�. �����mm��m-The�us��ne��m�Pn�ect�n8|nee�sha�!fomvbhmomnou!e1e��ofdes��n
documents, plans and. specifications of the System for review and acceptance by FPUA.
Approval ofthe design dn�uMnents,p|anoaMdspe�0cat|ovu!svaWdforomeyearfromthe
date of approval. FPUA reserves the right to require 6e rexubrn|tta| of the design
documents, plans and specifications if construction of -the project has not commenced
within six months, —i he accepted design documents will seyve cis a basis for construction
of -the System, The Customer will solicit bids and Ue8otiateacontract for construction,
subject to evaluation, review and approval by FPUA. r-RUA will also have the right -to
review and approve the acquisition and Installation ofnaierla|s. If FPUA determines
there are deficiencies in the con -tract documents, materials or installation of materials,
Page 3 of 11
the Customer and the Project Engineer agree to -lake 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 r.uteriais. In the event that the
Project is to be cori:jtructed in phases. the vstnmeir ails♦ miller( Engineer shall Turn"'h ._ _ _ _ ... _, iJ1I U
complete set or` phasing plans for review and acceptance by FPUA. FPUA may not allow
phasing or may require modification to the subi-pitted phasing plait to ensure rrlat no
negative effects are "lacy �i r r the FP later r vastlevvazer tern
"o.. _.. , �. N..., ., � {.. !✓/� wu��.� ii7 'vvaJcc vva�..;7 .iy.i�c77i.
J: SuiOmMais - 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 Drawlings - Preparation of accurate record drawings, including all items set forth
c liA e J �! ew it �_ ... _r
in 7 Pt .. ..ae3i_ar- _ anl? zra _if!L _la ;! , !� .l:L 1 ry�f; :; I'v ii Ry -1 lie PrvJ— i7gen r.
Record drawings, signed and sealed by the Project Engineer, must be provided in
accordance with FPUA Standards and Specifications. Should major discrepancies or
deficiencies be discovered at any time during record drawing process (as defined in FPUA
Standards and Specifications), FPUA may, at its discretion, "ilthhold services and/or file a
notice with the Florida Board of Professional Engineers,
1A< FPUA InspecUons - 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, 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
i6[c Ia Vv77er) utilized, 'v'diil be 5LIlJi"nitted to FPUr`i upolf completion of construction.
��. Prugect E77iglinaer twslpedions - 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
I"flipiI3MOM ilUalffiC6tlOns as defined in MA Standards and Spe'ui'f!cations.
1-: Tvansfav raft ��terrn to FPUA - Customer and Project Engineer wil'i provide l
'i7 .7ids final cost andd
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
7
and maintenance purposes. Such conveyance is to take effect upon the acceptance by
FPUA of the installation, without further action by FPUA of the Customer, As further
evidence of the transfer of title, upon the completion of th,: installation @trio 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 1.1
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'o counsel. Subsequent to the construction of 'the
6ystemand prior toreceiving ameter's\from FPUA,-the Cvstoroershall convey toFPUA
all easements and/or rightsnf-way covering areas in which 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 orinterest in and to the
potable Water and wastewater facilities transferred tuurcmnedbyFPUA, The Customer,
through its counsel, will certify that the Customer has the right to convey such easements
orriahts'uf-wpyand fud'hercer1ifvimgFPUA/yright tuthe continuous en]uymentufsuch
easements or rights -of -way for those purposes as set forth in this Amendment.
� WarrantV—Allpartiesunderstand that substantial portions of the System were installed
and not properly certified for operation through FDEP between 2085 and 2810and
therefnrethe useful life ofsaid System may he reduced. The Customer agrees to assign
to FPUA u three-year warranty for the System, warranting that the System is free of
defects Including defio|encfoa in or failure to the design, rriateha|u or ioxte||at|on or any
other failures that may be attributed to the 3Vstenm sitting dmrmant. The warranty will
begin onthe date offinal acceptance byFPUA. The wzrraolYwill provide, among other
things, that the Customer Will, upon notification by FPUA, cor"rect arly deficiencies as soon
as possible or reimburse FPUA for any vvork performed by FPUA to correct the
deficiencies.
Is. Ovunevship of System - The Customer agrees with FPW that all potable water and
wastewater facilities conveyed, to FPUA for use in connection with providing potable
water and vxastewater service to the property shall at aNiil;mes remain in the complete
and exclusive ownership of FPUA, and any entity owning ary part of the Property or any
residence or building constructed or located thereon, shall not have any right, title, claim
orinterest 1nand tosuch facilities, orany part ufthem, for any purpose, |nadd\1|nn,FPUA
shall have the exclusive right and privilege to provide potable water and wastewater
services tzthe ProperLy and to *-the occupants of' each residence or building constructed
thereon.
��. mmtevs -The Customer or its successors in title will be assessed the meter chargess and
deposits atthe time the Customer isconnected to -the fm«i|ibey. Customer agrees ionotify
purchaser oflots, ifapplicable, of -the provisions ofthlspe'agru-Ph.
��. Gum,ammed Revenue ChlaKgu2s - Annual Guaranteed Revenue Charges (GXCs), as
described in the current FPUA Resolution, will be esoessodtm all units not connected to
waiter/wastewater services within ume (1) year hnrn the date of exeouVoR of this
Amendment signed byFPUA. Failure to promptly pay FPL4 invoiced 8RCs is cause for
Tenmination. Custorner agrees to notify purchaser of lots, F a pplicable, of the provisions
ofthis paragraph.
Page 5 of 11
� . Alnneuatfi®ri Agreerinept or Evadence Thereof - The Cust:on,Er shall, simultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as Ex&oihit'T' providing that the Property will be annexed into the city limits of
the City of Fort. Pierce, Florida, whenever such ansnexa'don may legally o—ccur. The
f ie�-Fr r.nv �in,�r nnr^nc r-v ' -nl-' •4. f -r - ._1 Y " f! 1 t -.-I 19
.,.„JLv n:-! r�: :. `.fsl J, :+.:1 11_JCIa, ItJ sU'v<+eJJLII .J a1iU 03 1, i LIIaL - will -!a l'I v:n�y� uVfG.i
necessary documents to effectuate the annexation upon request of the City of Fore Pierce
of FPUA. The Customer waives any and all objections to soch annexation by the pity of
r lil L r Ia!(.0 aliCA ar,i CeJ Mat. i.11l� U 1.U1111.111., alUll�' WILII LII, '?rIIIC%CA LIUiI 1-1 Eelllel9l 111 the
form attached hereto as Exlalhit `F", shall be construed to s tisfy 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 fcr 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, recaJlng fees, etc. for Annexation
Agreements shall be paid for by the Customer directly to �PUA's attorney at the time of
execution.
19, Termilriatu®ri - The Customer can tendfinate this Amendment by written request at any
time. With a minimum 30-day written notification, FPUA ma•;rterminate 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 (1001%) of the Capital Improvement Cha; ges that were allocated to
the Project at the th-ne of execution of this Amendrmerlt, nri-shout 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 ,G Uaranteed Revenue Charges
already paid at the date or termination. Termination will also result in the forfeiture of
reserved capacity anti may result in cancellation of the Florida Department of
Environmental Protection Permit. If construction of the -Project has not commenced
Within five years of tale date of exe ution of this A"Mieridrieent by the parties, the
Amendment will be autorinaticaily 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 Roguilagi ord - Uoa;vvithstandiing any provisions in this \meridmene, FPUA slay
establish, revise, rn-odify and enforce rules, regulations anc faces covering the provision of
notable water and wastewater service to the Property. Suva? nulec 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, Notkes - All notices provided for herein shall be hn writingand transmitted by mail or by
courier, to the parties as set forth below:
Page 6 of 11
FPUA:
John K. Tornoeck 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@renarhomes,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-Mall; pferland@ct-egg.com
22o Amendment - This Amendment constitutes the entire Amendment between the
Customer, FPUA and the Project Engineer, No additions, alterations or variation of the
terms of this Amendment shall be valid, nor can either party waive provisions of this
Amendment, unless such additions, alterations, variations or waiver are expressed in
writing and duly signed by the parties hereto, This Amendment shall be governed by the
laws of the State of Florida and shall become effective upon execution by the parties
hereto. The venue foractions arising out of this Amendment is in St. Lucie County, Florida,
This Amendment shall run with the property in which it is proposed to serve and the terms
of this Amendment shall be considered binding to any assigns or heirs. This Amendment
shall be recorded by FPUA's attorney, All preparation and recording fees, etc., for the
Amendment shall be paid for by the Customer directly to FPUA's attorney at the time of
execution.
Page 7 of 11
IN WITNESS VVHVEREOr, the Custofner, Project Engineer and FPUA have executed or
have caused Lids Maer3i_muni to pe dolly executed in several courzerparis, each of which
counterpart shall be considered an original executed copy of th(s Ari1adr(ie11Y,
Sigmitur c W- MMIQ55, A.
j t
Printed Name of Wltnens
.119
,;+rEjd YuCil,v L1 re3=�
F /Ctir�e�J, Y'll q",ti(}7T 4;jam
Pri>nred Name of Wilne-sl
• - K
Sigwture of Witness
� i r� ..-
pd 1rited Name o'f VrUi� tress
(FPOA)
STIRTEO-FF OR.16A
WHOMMY
,-VRI rif.R4,Ll,Jdd1,lli�.y1-iiuI6Mi"I6Y
By;
Chairroan-Signatlaie & Princirl Name
Secretary Signataure 8A POIntacf Name
A
Printed Elaine of c_.s,arz,ar
S�gnnr���fe of e s��erc [�rs�i�6aer
k
Pr listen Name of Peoject Engineer
The foregoing 111-ORlrneilt Was acknowledged befede ine this � day of
; l rs"d y
on behalf of For t Pierce Uilil'tless Aut-1` rorl'ty, who are ) "J.'sop ;WUly iil`Ilown ,o rite,
�i`iRpf ci ~ �7\1� �i3�� y Alugsl 901D
B•YdJihroi4o[my p0in6r;fitm
Pc,ge 9 Of 11
(li'wtomer)
STATE OF FLORIDA
s Vl CIO"vIVTY Or
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G P ,f i �'nnr F„l;
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"re Customer, on be' afl t1i 68!a COI"!'!panyi, i
e Lsaej 15,pe-xi., uy iiiaovin o men
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S`d'ATV- OF FLORIDA
COUNTY OF
ThLI i'o'regbin[,; 111S4LIMerlt tnfas acl?nowledi8ad before me this �i r` , dlv;a of
vvhu is to
�J(1I Goa i ;75'fCi�C= of i ;f P?':•i7 �i`.)r-' c?'.;c_i�rrti i:;,�r
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Pvojed Fnpieer, oil beha?, of satcl cos; parry, He tshe �ersonzlly known 0 me_ -)
Printed Name 4f fro` uy
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Naga 10 of 1-1
List of Ehiblts,
Attached
NA
LJ
/ a|
��
11
A Quitclaim Assignment (including legal description)
[�I
[—I
B Palm Breezes and orunny1andFarmsOriginal SopplvAgreement
| x|
| |
C Joint Notice Document Executiun—ERCCredit Allocation: Centex
Homes and Sunny|ondFarms,LLC
| —|
__
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D Cupnc�yKeduct|onOptionVVorkyhee�
[]
| �|
��
| |
E Utilities Assignment Agreement dated May 1Z,ZOOS
�-�
��
F—1
| |
F Annexation Agreement
Page 11 of 11