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HomeMy WebLinkAboutUtilities LetterFebruary 5, 2019 Rhonda Rovve, Manager Renar Homes Morningside, LLC. 3275 SE Ocean 0lvd, { �_96 ..1tlAatl E, Flo0 OLLa, .�=YJ:J l7 WWR7. Marn[IWsAde Phase llA Mnined Urnk Develapment QPLID) D-ear Ms. Ronnie, As requested, Fort Pierce Utilities Authority (FPUA) would like to confirm the availability of water and vvastewater service to the above -referenced develop{7ent. Capacity for this phase of the development is delineated in the attached "Water and V/astewater Supply Agreement Amendment" dated November 7, 2017 and is currently available at EPUA'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 Jarnes Carnes at (772) 466-1600 eut.3472. Sincerely, James Leland Carnes Supervising Engineer 1/4P/WW Engineering Department 'ZW - 2018 r j 1 C, places wof� Ratiable Public STI to LUCIE COUNTY Power Provider Prepared by and Return to: Fort Pierce Utilities Authority Attn: R. N. Ko-blegard, III %ITV lrt h.ii ii?_ R45 Revised 11-02-2017 K5;r1d'S�DtiLM�,.-u" A'.M.a 1V L i�"3� `i�-V.,, r;l�l` J751G!'.E THIS AGRrEEVV,!NT f-�DNIEN�Q �1ENT (herein referred to as, 'rIrni8ndmikent") is made and entered into this .� day of _ ! ' j' ''1'J �'3 �'-! 2017, by and between FORT NERCE UTU TIES Aq.J-i ilt)PI' G (hereinafter referred to as ``HUA"), and REN,(1,R tiUMIES (NWPN_JNGSiuEi, IU, (hereinafter referred to as 'Customer"), and Culpepper & Teriiefllll�; hlC. h2'relnaIT referred to as "Project Engineer"). The Project name is MORNINGSIDE hereinafter referred to as the "Project") - WiTNESSETH: WHEREAS, FPUA is the governing body authod7ed to enter into agreements relating to the use of water and Wastewater supply to the City of Fort Pierce; ,id WHEREAS, t6he Customer owns property located in St. Lucie County, Florida, through a Quitclaim Assignment as more fully described in Erah'sO t A attacaed hereto arid made a part here,of and hereinafter referred to as "Property", whereupon she Customer is conte-nplat'ng continued development of the Project; and WHEREAS, FPUA has determined that it is in the best interests of FPUA; its customers and the 4.ity of Fort Pierce to Modify the terms .and conditions of the cr ginal water and wastewater supply agreement described in Exi-uii -Z B; and WHEREAS, S, the Customer has opted to utili%e the Capacity Reduction Option vvhereby the pi`esciit Guar enter^d I?everiU L (1i i t �. L) d�,fJt v.;i31 be Cf 6�iE 'i ill _ f llM Capacity credits aliocaW to the project pursuantto the provisions of EANA B, descrikd in Es<& iait D and fully described below. Remaining capacity allocations veil€ be addressed below, VVYIE6 IMS,, the customer agrees that upon ekeccu*don of tiis Arnendrnent-, all teri'ros acid conditions of E,-uh Wi^: 0, y,vlll be superseded by this Amendment anti" ns,,Nj supp7,,,( 2,greements wPJM be regWred for future phases of the Project. MOW, THEREFORE, for and in consideration of these prerr.i_es; the mutual undertakings and agreements herein contained and assumed, the Customer, engineer, and FRIA hereby covenant- and agree as follows: The foregoing statements are true and correct. Project capac-Riv - (rruily describedin Exhibit 0) Page 1041 1 If4/aaer -The customer requires an allocation of ��� Nater Equivalent Residential Connections (hereinafter ERCs) to complete Phase 2A of the Project at 300 gallons per day and the customer has 49.71 water ERC's currently entitled with the development (based on payment of outstanding CRCs by the Capacity 'eduction Option). Therefore, -the custodrler has a water ERC deficit of 76.29 water ERCs to complete this phase, ,.0 d. IU.. 11li—CIO f acer .G'e4T"CSO,1i `�tiiti Ut dSK_'nnn t1 v;Wi0U:.H._,r. per day and the customer has 195.9 wastewater EIIC; currently entitled with the development (based on payment of outstanding CRCs by the Capacity Reduction Caption). Therefore, the customer has a wastewater surplus of 69.94 %wastewater ERCs that maybe allocated to future phases of the project. T The customer has eiecte4 to pay for deficit ERCs, at pres�rit day rate, on an as Deeded basis Jupon request to connect hornes to FPUA's facillitires). 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 Culneoper & Terpening, Inc. and submitted and accepted by FPUA. 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 tents and obligations of this Amendment have been mot by the Customer, Titio 4 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 subrnit,a title policy or a letter from an attorney licensed to do business in Florida confirming that either there is no mortgage or Bien on the property or that any mortgage or lien holder has properly executed a Consent and Joinder of Mortgagee/Lien holder, The title policy or letter must toe issued within thirty (3is) da,,s of the execution of this Amendment by FPUA. Project Ert&eer - The Customer shall retain a registered orofessional engineer ("Project Engineer") to perform all duties defined by this Amendrin�ent, The Project Engineer shall adhere to all .FPUA Standards and Specifications provic:ed to the public by FPUA in reference to construction of utilities and connection to =rUA's water and wastewater systems, Page 2 of 13 n 7. Eastments - 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 preseei? and future streets, roads, easements, reserved utility sites and public places as provided and decilc-ated 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 of the nnt2ble i,mater 2nd fadil-ties,, ilia; in rho event FPUA is required or desires to install any of its potable water and waste'watel, facilities in lands within the Property Iying 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 rnerit(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 pprovai from FPUA prior to installing any structure or object, including, but not lirnited lo, 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 evhich 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 perton of the Property affected shall immediately remove the encroachment 'from the easement upon the request of FPUA at Cirtstonner's or successor owner(s)' sole cost End expense. If Customer or successor owner(s) fall 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 easenien-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_ o, C;drrilstrudriofnl -! he Customer and Project Engineer shall'i'urnish a connplete set of design documents, plans and. specifications of the System for review and acceptance by FPUA. Approval of the design documents, plans and sperfica'doris is valid for one vaar from the date of approval. FPUA reserves the right to require tfie resubi—nitta,l of the design documents, plans and specifications if construction of the project has not commenced within six ,months, The accepted design documents wiill 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 FPLA. 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 Make 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;aterials, In the event that the Protect is to be. uninstructed 11-1 nhasac tj G'—tnrnpi,, �isj n-oied Engineer shall furnish a complete set of phasing plans for review and acceptance by FPUA. FPUA may not allow p^asing or may require modification to the subi—eitted phasing plan to ensure that no nr'_"a_i-.k.;c- PfPi t.r. ar,p.. rr;d7y,-,.-.�-i.u.,� .. r�. rCi"1 A r: water or aaiievater system , �a Subm ttaN - 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 resslves the right to withhold connection or certification of any facility if any item is found to be in nonconformance with FPUA Standards and Specifications, 1�0 Record DraMngs - Preparation of accurate record drawings, including all items set forth C IIn St ,,,I €� ;; _ fllh _r i in , Per. _ �- .I-a,�,s -- 13,—ific-U-1 s, !s L— -1- r--pc�„s,1lMly vi „e Project 'Erigin"cer, 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 draw!ng process (as defined in FPUA Standards and Specifications), FPUA may, at its discretion, "/ithhold services and/or file a notice with the Florida Board of Professional Engineers, FPUA Dnslpactrinns -Pouring 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 rnedia w iien utilized, will be submitted to FPUi: upon completion of construction, Progect Eli &eer OnslpecMins - 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 rnet during construction, Inspectors merit meet mininUi@. rn eivaliflCatlonsxas defined in F UA1 Standards and Specifications, - 'r 1 Tv ansfar ®riff SVslrern tl'n FMA - Customer and Protect- Engineer n,ipl provide o d � o �:, � final CGSi and quantities 'Co FPUA prior to FPUA's acceptance of the Systern. Upon acceptance of the System by FPUA, FPUA hereby agrees to accept owniershlp of the System for operation and maintenance purposes. Stich conveyance is to take eff'ct capon 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 the nstallation and prior to the rendering of service by FPUA, the Customer shall convey tc jFPUA by Bill o`r ,Sale, in form approved by FPUA's counsel, the complete on -sate and off -site potable water &tribuiion Page 4 of 11 and wastewater collection system as constructed by Custorner and approved by FPUA,. along with documentation of Customer's costs of constru Lion 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 RUA', the Ci:.5tva oer shall convey to FPUA ail easements and/or rights-o--way covering areas in 'vhich pEi(.cbice 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/ned by FPUA. T he Customer, through its counsel, will certify that the Customer has the riht to convey such easements nv yisb;¢c_nf..tn; aji nrld flir-her certifying 1=pl lAfc right to the cD!?tinB inn is erjltlllmgt nt Of such easements or rights -of -way for those purposes as set forth in this Amendment. 14. WarrantV—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, rrsaterials yr iosiaiia,loln or any other failures that may be attributed to the Systern 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. Ownevship of Svjstem - The Customer agrees with FPUA that all potable water and wastewater facilities conveyed to FPUA for use in conrection with providing potable oate'r and',vastevuater service to the Property shall at ai d-i-3es remain In the c rrplete and exclusive ownership of FPUA, and any entity owning any part of the Property or any residence or building constructed or located thereon, shah 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. meters - The Customer or its successors in title will be assessed the meter charges and deposits at the tinne the Customer is connected to the facilities, Custor>ner agrees to notif y purchaser of lots, if applicable, ©i the provisions of this paragraph. A , Guiac'antreed Revenue Charges - Annual Guaranteed PEv,-nnue Charges (Gs CS), as described in the current FPUA Resolution, will be assessed to ali uinits inot connected to water/wiastewater services wiahin one (1) year from tl-a date of execution of this Amendment signed by FPUA, "Failure to promptly pay FPLA invoiced CRCs is cause for Termination, Customer agrees to notify purchaser of lets, F applicable, of tine provisions of this paragraph. Page 5 o' 11 ��. Annagation Agi,eemlern't or Fvicdenre Thaveaf -The Cusi;ornershall, simultaneous with the execution of this Agreement, execute an Annexation Agreern2nt in the form attached hereto as Em1hibit'T' providing that the Property will be annexed into the city limits of the City of Fort Pierre, Florida, �,Oenever such an nexatlon may legally occur. The Customer further agrees for its"--lf rt- S '_ccassors -.—A assi'ii5 Thai iC Vti III si=in Sri �•' aunts aiI b ➢ b necessary documents to effectuate the annexation upon r•a.y nest of the City of Fort Pierce or FPUA. Tfie Customer waives any and aii objections to such annexation by the City of rss:.v.-T. a - -- - - !... 1......___ �_.__ - ri�lexatioil Agreement in rile Fort t Pierce aiiu dglees thal. UhiJ iduJl,Ul11' Ilt, along with hE form attached hereto as W-8, 11t'F",. shall be construed to satisfy, requirerinents of law for consent or approval of such annexation now or hereafte. required. In the event that individual lots are sold, the Custor ner shall be responsible fcr informing the purchasers of such lots, in writing, that these lots are subject to the terns 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, re'co:'dingfees, etc. for Annexation Agreements shall be paid for by the Customer directly to �PUA's attorney at the time of execution. 19, TerminaVairi - The Customer can terminate this Amendment by written request at any time. With a mininnum 30-day written notification, FPUA rna-,,t termn nate 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 (1 O0%) of the Capital Improvement Cha ges 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 Chaves, 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 Reverie Charges already paid at the date of termination. Termination, will also result in the forfeiture of reserved capacity and may result in cancellation of 'he Florida Department of Environmental Protection Permit. If construction of the Project has not commenced within five years of the date of executionof this Arrler;dment by tide paddes, the Amendment will be automatically terinninated, tine provisions of this Amendnent shall be null and void and funds shall be disbursed based upon the formuda stated previously in this section. Al. PPUJA Rcgulla% n,,n - Sri'-J 11 9ths; ndMg any proviski- ns in tl1 is e°'Amen'dmen'k, FPUA may establish, revise, 3siodify and eigf-,rce rules, regulatirns any fees covering the provision of potable water and waSteviatear service to the Property. 5ucl, 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. a . HoNces - All notices provided for herein shall be in writingand, transmitted by mail or by courier, to the parties as set forth below: Page 6 of 11 FPUA: 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-J715 Telephone: (772) 692-7800 Fax: (772) 692-9155 E-Mail: rhondarowe@renarhomes.com Project Engineer: Name: Culpepper & Terpening, Inc. Address: 2980 S 251h 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 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 VVH-VREC5r,,T-hQ (Custm-ner, Project Engineer a-jjd FPUIA have, executed or have cawed 'Chis Aaazendmeril W be O'Lilly executed in several cotrz?rplart, each of which counterpart shall be considered an original executed copy of th Is Amcrd ilk. bl. H. i Pt.'Inted Name of Wltne8s pit Prinked Ida m of 911'moss. SigwWre of VVNIP55 PrIated 11-amn ufWitnm (ROA) SWE OF FtSMOA COMITY OF S, - I-E" r.- -,", M-"CUTH -B A U—. n MM., rVRt r &R C ti-I i t--. I L U n I V Rv: -print 9' Name Secretary-SIgnatowe 84 PrintQc1 Name k9 A Printed N?Ma of 0,1,110vp,a,- V.gnature of Project Engineer ff- ted, Nklme of Proj�-Ct Engineer The foregoing InstB-mment vws acknowledged bei'are Inz this clay of "I J by on behLif of Fort Pierce "LZ z e C, f 1170 —ia X R �IORNDA 1�',,Y WAYUMA ES: Page 9 of 11 tcustomer) ST'ATF OF FLORIDA^ t0UNTYOF_ YYlr� A-iy-, i hr-, fnrPanI a i;;strUnicrt ljjas _ge denoiviedd before n;a th's --Alt da, of 1 n F 6 �w— G i v Ji ,, 15 iie ! }tip i Us"'Mar, UPt iJe11�IT o� 5z1c4 coiiip�ny, .rzF. v �i� �siie�[s c' �liy IC3aev'l TO 1e, U, S!BnA-Ure, Of Y � •,. '•l1 lVwra:....T� f.�r, ?: ullIT�� yja r ` t\ d� ;�V:�,• ;, PIN'1i4Apiliat02� Z n , `' ufl of Prided Novary �� IUIV Ct�p/11tMryry&Sffw?�§i� i/1[�4nn3AA007ui3 �2r�Ti ����f�byV Sptll 44l GV�� S`rATV. OF FLORMA The foregoing PIis4:a'tlMPYI't W-9S acknowled eci before me this clay of ! t057e� t- ��1 t a f. / by { 7. {"�i: �— who is the � SI't�t_;[�j+1f1�=fir l" Project EngMeer, on behalf or said company,(THe"phta�;fz personally known to me_ -; S1 raa$�tf� of Notan, Printed Name of Notary NE.Hm� ��� e i`J�V��t�iVjlSsti�S'JG�f360id�82 . I Gr^➢ode'29a2s ID I i Page 10 of 1 List of Exhibits: Attached NA I X I D A Quitclaim Assignment (including legal description) unn u B Palm Breezes and Sunnyland Fariiis Original Supply Agreement X lll����JJ C joint Notice oncument Execution —ERR Credit Vocation: Centex, Homes and Sunnyland Far Ills, LLC FEl D Capacity Reduction Option Workshee-t uE Utilities Assignment Agreement dated May 12, 2005 n �! n LJ F Annexation Agreement Page 11 of 11