HomeMy WebLinkAboutUtilities LetterFPUA
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February 5, 2029
Rhonda Bovve, Manager
Renar Homes Morningside, LLC.
3275 SF Ocean Blvd.
aiiaan, l-ioo`u'a, 3349957
Si9WECT: MorrnMgside phase NA PiaWned Urnk DDewMoprn ent QPUDII
Dear Ms. Rnewe-
As requested, Fort Fierce Utilities Authority (FPUA) would litre to confirm the availability of
water and wastewater service to the above -referenced developnment. 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
to review developer requirements, specifications, details, fees, etc.
Should you have any questions please contact Richard .lames Carnes at (772) 466-1000
ext.34.72.
Sincereiy,
James Leland Carnes
Supervising Engineer W/WW Engineering Department
2018
c r3
Reliable Pubilo to WA
ST LUCIE COUNTY
Power Provider
Prepared by and Return to:
Fort Fierce Utilities Authority
Attn: R. N• Ko-blegard, III
Co_Ir"thnu9e i 145
Revised11-02-2017
.JJ ! tR >tid.l , ii13��`3! �!,",'A' e.a �!.;F V L i�"-_3Z211V!M 'v . r'•�'��I_1",U7�'IG!'.
THIS ,AGREFUVIE J ¢ Au}r`i NQ7* IEN9 (herein referred to as `r� in--nd'ment") is rnade and
entered into this day of _1� ' �'?' '1.�� E'-I - 2017, by and between FOR Pi 2ERCE
U a Gs 9 i iris AU-o H0RI'r ("hereina ter referred to as "T PUA"), and FtENPR, HOMIEs (iAM$lie101DEI,
LLC, (hereinafter referred to as "Customer"), and Culpepper, & Terpening; Irnc; hereinafter
referred to as "Project Engineer"). The project name is i'alirRNINEISIDE hereinafter referred to as
the "Project").
VVIITNIESSETH:
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; aild
WHEREAS, the Customer owns property located in St. Ludi County, Florida, through a
Quitclaim Assignn—ien"t as more fully described in Eith's(t A attac,led hereto and made a part
hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating
continued development of the Project; and
WHEIREA4, FPUA has determined that it is in the best interests of FPUA; Its customers and
the City of Fort Pierce to modify the terms and conditions of the erginal water and wastewater,
supply agreement described in Exhibit B; and
WHEREAS, the Customer has opted to utili%e the Capacity Fed +ction Option whereby the
present Guarinteed Ie'v'c^^€ U h ibt (.�7P [ j de[}i v-A be CHset L'; d - 15 itial capai:rLy credits
allocated to the project pursuantto the provisions of Exhii&At B, descrbed in ExMout; D and fully
described below. Remaining capacity allocations will be addressed belaw.
RI ERE S, the customer agfees'i11 upon eXeiti'tion of ti'is Arnea6 lfrr+-nt' all terms arld
Cnd i' iCns of (: u� Ji , yr°ill be superseded rsC ded by this Ame dmen+t ant,' new supplly agreements ill
be rewired for future phases of the Project.
MOW, HEREFORE, for and in consideration of these prerr.i_es, the mutual undertakings
and agreements herein contained and assurned, the Customer,=ngineer, and FP LIA hereby
covenant and agree as follows:
The e foregoing statements are true and correct.
2. Frojeet capacoty - ( trlly descri,bc--d in ExhifM DJ
Page 1 of 11
Vfta er - The customer requires an allocation of 126 water 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 ent!tled with the development
(based on payment of outstanding CRCs by the Capacity Reduction Option). Therefore,
the customer has a water ERA: deficit of 76.29 water ERCs to complete this phase,
_ rLN -- -- - - �1i __•. �a ----..-rn!^ :. o. inn :IV..._r.
per day and the cuFtomC-'..r has .1®-5,94 wastewater ERr's currently entitled �Mth the
aIevelopmerA (based on payment of outstanding CRCs by the Capacity Reduction Option).
Therefore, the customer has a wastewater surplus of 69.94 wastewater ERCs that maybe
allocated to future phases of the project.
m The customer has elected to pay for defieat s, at presA t day rate, on an as heeded
basis (upon request to connect homes to FPUA's faoi8ities). 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.
Systen9 e 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 codlection sbistem, in accordance with
the approved plans for the System prepared ba/ Cu.lpeoper & Terpening, Inc. and
submitted and accepted by FPUA,
a, permRs - 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
terms and obligations of this Amendment have been root cy the Customer,
Title- Upon execution of this Amendment, the Customer, at its expense, agrees to furnish
FPUA with a copy of the recorded Warranty Deem 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 rnortgage or lien to the utility
easements contemplated in the foregoing Amendment. The Customer midst either
submlt.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%Lienholder, The
title poky or letter must be Issued within thirty (310) days of the execution of this
Amendment by FPUA.
P rojad Engllneer - The cuatomer shaft retain a registered nroftissional engineer ("Project
Engineer") to perform all duties defined by this Amendment. The Project Engineer shall
adhere to all .FPUA Standards 2,nd Specifications proviC;°u to tide public by FPUA in
reference to construction of utilities and connection to =PUA's water and wastewater
systems.
Page 2 of_13
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-it al -id future stieets, roads,
easements, reserved utilky sites and 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 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
nf the not-ble ivater 2nrf f?diifiRs2 the in the event FPUA is required or
desires to install any of its potable water and wastewate facilities in lands within the
Property 1-ing outside the streets and ea:sennenL areas described above, then Custoiiner
or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the
necessary easement(s) for such installation, which ease rr,•erit(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 -approval from FPUA prior to
installing any structure or object, including, but not limiteci to, fences, gates, signs, trees
or poles, within an easement area. In consideration of FPUA's consent to an
encroachment, Customer or the successor owner(s) shall agree to indemnify and hold
FPUA harmless from and against all liabilities or damages Nch 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 p-ortion of the Property affected
shall immediately remove the encroachment from the easerne,,t upon the request of
FPLIA at Customer's or successor owner(s)' sole cost End expersse. 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 easeiilent, 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,
oa Cans'n,6�u d�?n -! he Customer and Project Engineer shall 1 urnisls a cornpleie se't of design
documents, plans and specificatons of the System for review .and acceptance by FPUA.
Approvid of the design documents, plays and sped'ic-i ',dors is valid for one near fronn the
date of approval. FPUA reserves the right to require t e resub,7i-ttal of the design
documents, plans and specifications if construction of the project has not commenced
within six ,months, The accepted design documents �n'A sewe as a basis for construction
of the System. The Customer will solicit bids and negotiEip a contract for construction,
subiect to evaluation, review and approval by FPUA. FPUA will also have the right co
review and approve the acquisition and installation of ma erials. 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 said contract documents, materials or installation of r,aterlals, In the event that the
Project is to be rear trusted in phases; the i lictLo6llGY Parid Fc( )I ('i Frigineer �h�ll it--lSk a
complete set of phasing plans for review and acceptance by FPUA. FPUA may not allow
phasing or may require rnocl iiia'ti'on to tie subi-nitted phasing plan to ensure that no
ne.a_iiefe tC a r,I ac p r,i n..r: tk D1 water or vvaiievarwr sys4---
— vr1w1 Lcln.
nJ, Suhm tags - Customer and Project Engineer will furnish to FPUA accepted shop drawings,
change orders, Project certifications, record drawings and reports of construction
inspection by a FPUA-approved inspector. FPUA reserves the right to withhold
connection or certification of any facility if any item is found to be in nonconformance
with FPUA Standards and Specifications.
10. Record DrawIngs - Preparation of accurate record drawings, including all items set forth
C I lA a .,J C -L_ _ �I•.. r i
In 1 P1'A ,��.^�iii_r`l.,iii- acid 1pe Lif2��o if io �-, !� �..: „�i� re��,!:.=:1S,iJ li"Ly L�, ine Prajecr --i'cgirice 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,+Ailthhold services and/or file a
notice with the Florida Board of Professional Engineers,
��.. FPUA Inspections -Pouring constructions of the System, rP UA may from time to time
inspect such installation to determine compliance with the plans and specifications,
adequacy of the quality of the Installation, and further shall be entitled to perform
standard tests for pressure, infiltration, line and grade, ano all other normal engineering
tests to determine that the system has been installed in accordance with the approved
plans and specifications. Completed record drawings, including hard copy and electronic
{Media when utilized, will be submitted to FPUA upon completion of construction.
12 Project Engineer lInsipecuens - 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
mini-nurn qualifications as defined h-1 F i1 1 Standards and Spe'd-ficati Ons,
11 Tr_ nsfenr ®f SVsirarn to FPUA - Customer and Projec,: Engineer wlpl provide fin7l cost :end
quantities to FPUA prior to FPUA's acceptance of the Systern. Upon acceptance of the
System by FPUA, FPUA hereby agrees to accept ownership of the System for operation
and maintenance purposes. Stich conveyance is to tape eff=ct 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 completion of the installation and prior to the
rendering of service by FPUA, the Customer shall convey to FPUA by Bill of Sale, in form
approved by FPUA's counsel, the complete on -site and off -site potable water distribution
Page Z. 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
System and prior to receiving a meterPU; s) from F" "file ci:stornuer shall convey to FPUA
all easements and/or rights -of -way covering areas in '9vhich puCab!e 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 ri,ht to convey such easements
nr rj_j-,tc_of_tuaV and fjirth-i r r er"ti-f Ang PPP IA's right to the rnnfinu our eninyment of such
easements or rights -of -way for those purposes as set forth yin this Amendment,
14. WarrantV— All parties understand that substantial portions of the System were installed
and not properly certified for operation through FDEP between 'LOOS and 2010 and
therefore the useful life of said System may be reduced. The Customer agrees to assign
to FPUA a three-year warranty for the System, warranting That the System is free of
defects including deficiencies in or failure to the design, --materials or instaiiat on or any
other -failures that may be attributed to the System sitting dormant. The warranty will
begin on the date of final acceptance by FPUA. The warra my will provide, among other
things, that the Custonner will, upon notification by FPUA, correct any deficiencies as soon
as possible or reirnhurse FPUA for any work per`rorm?d by FPUA to correct the
deficiencies.
Igo owrnewship of Saystcem - The Customer agrees with FPUA .. that all potable water and
wastewater facilities conveyed to FPUA for use in connection with providing potable
,,yate'r and `J astet.vater service to the Property shall at all ti;rnes remain in the complete
and exclusive ownership of FPUA, and any entity owning any part of the Property or any
residence or building constructed or located thereon, shali oat 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 facilib2s. C,ustorner agrees to nociiy
purchaser of ions, if applicable, o"f the provisions of thtis paragraph.
7. Gummuariteed Revenue Ghavges - Annual Guaranteed Reve?luie Charges (GD C's), as
described in the current FPUA Resolution, will be assessed to all units not connected to
waterjw'astewater services within one (��) year frrxyi the date ofe?tecutic-n of this
Amendment signed by FPUA, Failure to promptly pay FPLA invoiced GZCs is cause for
Termination, Customer agrees to notify purchaser o"f bats, i' applicable, of '%he provisions
of this paragraph.
Page 5 of 11
An Evidence There6f -The Cusi,on'ershall, Sim+iitaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as EmhihK'Y' providing that the Property will be annexed into the city limits of
.the City of Fort Pierre, Florida, umhenever such aninexadon may legally occur. The
f !'•ato riser fl_�ith�`•" greeS, f :r it��"—.ia, it:i s�„iwcJwI ai nu ass is 1s, that it v�ill :.`'gii riy' and ail
necessary documents to effectuate the annexation upon re nest of the City of Fort Pierce
or FPUA, T he Customer waives any and all objections to such annexation by the City of
I VI L r icl i:c al lu a6I Ce3 Lr I a L L1115 do cuI ll'zer, t, alUr,g with LIIE r, ri ex alion 19green-,ent In t he
form attached hereto as Ex o9hk'T shall be construed to satisfy, requirernents o llaw for
consent or approval of such annexation now or hereafter required, In the event that
individual lots are sold, the Custo;nne r shall be responsible sir 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: -ding fees, etc. for Annexation
Agreements shall be paid for by the Customer directly to �PUA's attorney at the time of
execution,
sty, TermrfaU0Ohi - The Customer can terminate thus Amendment by written request at any
time. With a minirnum 30-day written notification, FPUA ma;r�termnnatethis Amendment
due to Customer's failure to pay CRC invoices. In the event of termination by the
Customer or FPUA, the Customer shall be entitled to a refurd of an amount equivalent to
one hundred percent (1 O0%) of the Capital Improvement Charges that were allocated to
the Project at the time of execution of this Amendment, without interest, minus an
amount equivalent to five years Guaranteed Revenue Charges, The refund calculation
applies only to Capital Improvement Charges for unconnected units at the time of
termination. The Customer shall be entitled credit for any 6 uaranteed Revenue Charges
already paid at the date of termination. Termination vvill also result in the forfeiture of
reserved capacity and may result in cancellation of the Florida Department of
Environmental Protection Permit. If construction of the 3roject has not commenced
L
within five years of the date of execution of this i-a?rr�i d�i�2iit Lry iI¢ I�arLf the
Amendment will be arutomatically terminated, the provisions of this Aronendment shall be
null and void and funds shall be disbursed based upon the formula stated previously in
this section.
M FPUA R09U0�1c",001K, - N-Ot�laiths'tanding any p4"ovisions I olds "sir en'dmenu, FIB IA may
establish, revise, rnoti ify and enforce rules, regulations ano fees covering the p ovNon of
potable water and waste,larer service to the Property. Such rules. reguyladons and fees
are subject to the approval of FPUA, and will be reasonable and subjectto regulation as
may be provided by law or contract.
211 Noitires - All notices provided for herein shall be ire writing and transmitted by mail or by
Ol9i'l er, to tale parties as SeL firth below:
Page 6 of 11
2' 2.
FPUA:
John K, Tornpeck, P, E.
Director of Utilities
P.O. Box 3191
Fort Pierce, FL 34948-3191
Customer:
Name: Renar Homes (Morningside), LLC
Address, 3725 SE Olean 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-Mail: pferland@ct-eng.com
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,
Page 7 of 11
1N WITNESS VV''rEREC)r the custwner, Project Engineer aild FPUA 13ave executed nr
ilaVe C'.aUSeQ 11"iiS Mnendhy1* tnt to be duly execu't2d In several cotrierparis, each of which
counter p art shall be considered an origltlal executed copy of this Arne,- Yief1�,
411L
�y
5iratur oi- `vvitras,
Printed (`tame of Witness
7.
Prfn-.ed (4k me of Wilmess
Sigtta't�99'¢ 0�' USaiI?612SS '
PrlitLed Nime &IWtress
(FPVA)
STJA jE OF F4t MbA
COUNTY Mr-
r`41Rt NERCE l./E" li� t' ii 191'dV
BVi
cflnq(( an—SignaLl.lie & PFIn'll Name
Secretary-Signatmra PA Printiecl Ma me
ZYJ
Printed Nwfla of C 3s _n ,,a
S�,gnat r e of ProjeuLn&,eer
/ r
Printed fseme of Prolk ct Riginee3
The Fore' ping isist urment was acknowledged be-furrn this r� clay or
i
e
s'`ut,'[�/�' �1'--'11!'%', y i Ir 1j5.� ;`l/ra
., _
on behalf of Fort Pl=s`e_ t:tlll.t>i vL'hL3 avIeL per5upghh, kilblfvh ,0
• S��fys'tli6���'fl�.l��'i�'i {'�.� r'Ji'::1. - .y
PrintaL! T&rrd ES:Mani 14,20tR
_'�-ry�;C,u°' �'i�J'i'nruNalr�ty?UhRe`tlnu2m�dl�rsy�
Page 9 of II
$ iAi OF FLORIDA
cOUNTYOF YYIr�'
—,— -- ---
1 {j fY`7!'Pnf3lYP iY1C'f`r13Yt'ICMt VIVO _•.i\noivledged before m.2 th IS day of
n�.
the ustomr, on bell �if of sold COMpOn`yl,
�kj �. • ']fi�:.,:is3lu�i�l'„fc�073a�
' .5PTM! Gh Apiil Dif, 2ogi
sPG'- Jge,.e 91?gjneei i
STATE OF FLOWDA
He (S iQ Is,pc' �iey �fYoG4'�f1 iD ii1G
51p2ji u e of Mot;ar';
I,,— J 1rr JL
�ri!ltec! i�ia!�t8 Uf f'fo+ar�:
,ae ac MYCtimmisGfoN I/GQQa70i?
��',9'Yrao�t�. �hF'I[�i;d yplll die 2U?9
}} The foregoing 11IStrliiilPM W,9s3 acknowlaciSad before mme this _i r' L d8y of
Z(�, I !_ f � i FI IJ .1� 4�E�1-Oilok
di4_ _ , who 15 fi3e
Project EngMeer, on behalf or said company, H�� he {s personally 1m.9LA/rI `4o me. 's
Signature of War,;
Printed Name of fdo:ary
A;��SL; ilfAi?9(.
e dJ111 AGE NIMSS, AN i GG0'3 S
rm°i•�;,,��`�, � �G! des Grio;:tE. 28, 2:320
Page i o of 11
List of Exhibits!
Attached NA
nn A Quitclaim Assignment (including legal description)
nn E Palm freezes and Sunnyland Farris Original Supply Agreement
X LI ( Joint Notice Document Execution — ERC Credit allocation: Centex,
Homes and Sunnyiand Fariiis, i_i_C
D Capacity Reduction Option Worksheet
ui l E Utilities Assignment Agreement dated May 12, 2005
n F Annexation Agreement
n �J
Page 11 of 11