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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
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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
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by
on behLif of Fort Pierce
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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
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The foregoing PIis4:a'tlMPYI't W-9S acknowled eci before me this clay of
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by { 7. {"�i: �— who is the
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Project EngMeer, on behalf or said company,(THe"phta�;fz personally known to me_ -;
S1 raa$�tf� of Notan,
Printed Name of Notary
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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