HomeMy WebLinkAboutUtilities LetterFebruary 5, 2019
Rhonda Rovve, Manager
Renar Homes Mornftside, LLC.
3275 SE Ocean Blvd.
39-6 ida, ZP 4✓ 9U
SUBJECT* MorMnSsMe Phase NA planned Urnk Develap)ment QVLDQ �
Dear Ms. Runwe
As requested, Fort Pierce Utilities Authority (FPUA) would like to confirm the availability of
water and wasteviater service to the above -referenced developri,,ent. Capacity for -this phase of
the development is delineated in the attached "Water and VA/astewater Supply Agreement
Arnendment" 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 chargc-S, Please visit our website at
to review developer requirements, specifications, details, fees, etc.
Should you have any questions please contact Richard James Carnes at (772) 466-1600
ext,34,72.
Sincerely,
James Leland Carnes
Supervising Engineer W/WVVI Engineering Depart-meint
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Reliable Public
Power Provider
2018
places
CO %,"ON
ST LUCIE COUNTY
Prepared by and Return to:
Fort Pierce Utilities Authority
Attn: R. ni. Koblegard, III
Cllu fthnu 9- i m,, 14 i
Revised l f-02-2017
L' p 9a d b'' �D 1lt..31 -! 1 � 3, 9_ VYL ;•A"-3i?� i ;Vi` r ,-''•iLl-, JiSIr_N C
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erT n rP "�L;,�' ,%�,h`�f ff '8 R�P'�� (herein t_�„,, ,,. y77, »1 A .1
THIS AGIR'.r:M41I.' � NI �EN 3-. f (here n referred 'Vol as AlrnCn.ment ) is maV.e and
entered into this i day of ,', ?'}'J '� �'- 20171 by and between FORT PIERCE
U T le ME5 AU HORI (hereinafter referred to as "FPUA"), and iiENf1,R i0FT1ES (Fvit.1Ri=3INGSIDE1.
ice , (hereinafter referred to as "Customer"), and Culpepper & Teriienir!g, Inc. hereinafter
referred to as "Project Engineer"). Thv Project name is MOMMINrGSIDE hereinafter referred to as
the "Project")
W11TINiESSETH:
WHEREAS, FPUA is the governing body authorized to ender into agreements relating to
the use of water and Wastewater supply to the City of Fort Pierce, ad
f,% MEMAS, the Customer owns property located in St. Lucie Cotiinty, Florida, through a
Quitclairn Assign nnent as more fully described in D1Wt A attacaed hereto and made a part
hereof and hereinafter referred to as "Property", whereupon the Wstomer is contemplating
continued development of the Project; and
WHEREAS, FPUA has determined that it is in the best interests of FPUA, Its customers and
the City of Fort Pierce to modify the terms and conditions of the erginal water and was•tewate
supply agreement described in Exhibau B; and
WHEREAS, the Customer has opted to util'i%e the Capacity Feduccion Option whereby the
present liaranteed Revenue Charge: (.CRC) debt `J•.ill be ofsset a'; ill- lnid l capacity credits
aliocated to the project pursuant -to the provisions of Exhibit 0, described in Es,61°sibit Ps and fully
described below, Rem. alning capacity allocations will be addressed b`Iow.
UIFNEPuIMS, the customer agrees th4 upon ekecuticm of this Amendment, all terinos acid
conditions of E'xuRr Nc, C, y^-'ill be superseded by this Amendment anti new suppl';•' ageements will
be regWred for future pi=uses of the Project,
MOW, THEREEtCiU, for and in consideration of these preij isas; the mutual undertakings
and agreements ;herein contained and assumed, the Custaaner,nee-, and FPUA hereby
covenant- and agree as follows:
1, I he for egoin� staternents are true and correct.
-r*ct capac_ ty - (E ally described in Exhlbic 0)
Page 1 of 11
VKatar The customer requires an allocation of 126mater Equivalent Residential
Connections (hereinafter ERCs) to complete Phase 2Aofihe Project at38Ogallons per
day and the customer has 49L71water E8C'y currently entitled with the development
(based on payment ofoutstanding 6R[s hvthe Capacity Heduc1ion Option). Therefore,
the oustomerhas awater EKCdeficit of76J9water ERCs tncomplete this phase.
Theco�or�erreqUiosana�bc��onof���ma���s�s�[RCsoC�4���k`*m
per day and the customer has j9-5J94. wmstP^mater E0C's currently entitled uxi-th the
deve|oproeoi(based onpayment ofOutstanding GRCsbythe Capacity ^ Reduction Option).
Therefore, the customer has -- wastewater surplus of 69.94 wastewater ERCs that maybe
allocated to future phases of the project,
* The custornev has elected to pay for defidt EM, at presemr� day rat'M,onan as needed
basis Jupon request to connect homes NmFPLIA's fa«HiMeu.hnthe event these allocations
are found to be insufficient at any time, Customer will be Uob|m for any and all fees,
including, but not limited to, Capital Improvement Charges required for the additional
demand.
� SVstern ' The Customer, FPUA and the Project Enginca/ have determined that the
following facilities (hereinafter 'the system") are requ|n,-d to serve Phase ZA of the
Project: In accordance with
the approved plans for the Syyiac0 prepared by and
submitted and accepted by FPUA.
4, Pernilts - FPUA will sign FDEP general permits for the Phase 2A ofthe Project when the
utility construction plans are reviewed and approved bvFPUAand when all applicable
terms and obligations nfthis Amendment have been met b;the Customer.
S Title - Upon execution ofthis Amendment, the Customer, ot|tsexpense, 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 nnunma|/ subordinating its mortgage or lien to the utility
easn|nerkm contemplated in the foregoing Amendment. The Customer must either
xubmit.a tNa policy or letter from an aitorney licensed to do business in Florida
confirming that either there is no mortgage or lien on the property or that any rnortgage
orlien holder has properly executed aConsent and Joinder oFK4ortgage'Lkanho|der.The
tide policy or letter must be issued within thirty (2--` dayu of the execution of this
Amendment byFPUA.
Pro�ec8Engineer ' The Customer sho|iretain aregistered umf-asdmma|engineer ("Projeci
Engineer") to peMbnn all duties defined by this Amendment, The Project Engineer shall
adhere to all -FPUA Standards and SpeoN#oatiems 9rov�c�d to the public by FPUA in
reference to construction of utilities and connection to �7pUA'u water and wastewater
systems.
Page 2 of 111
7. Easements '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 pnyet/( and fuLure streets, roads,
easements, reserved utility sites and public places as provided and dedicated to public
use in the record plats, or as provided for in Amendment, ded|o8dmnm or grants made
otherwise and independent ofsaid 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
:f the notable ueter nnd wastewater fao!|ltiox2 that in he event FPUA Is mqu1nad or
desires to install any of its potable water and wast'xxat:; facilities in lands within the
Property, lying outside the streets and eaxementarc-as described above, thonCustomer
orthe successor owOeF/o\ shall grant to FPUA, without cost or expense to FPUA, the
necessary ease0ent(o)for such installation, which easement(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 theri primary use of the Property,
Customer or the oUocesooruVVDor'o) shall obtain vvritte»approYa| from FPUA prior to
inatiUiOgmnystrUctuveornWeut,ino|udiNg,butnot|im/tedtu,fences/gates,siOns/trees
or poles, within an easement area. In consideration of FPU/(x consent to an
encroachment, Customer orthe successor owner(s) shall agree tm indemnify and hold
FPUA harmless from and against all liabilities or damages which may be imposed upon or
asserted against FPUA as a resui|t 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 VNder, over or upon an
easement, the Customer or successor nVVner/S\ of the portion of the Property affected
shall immediately remove the encroachment -From the easement upon the request of
FPUA at Customer's or successor oxvHerby sole cost and expense. If Customer or
successor owner(s) fall to remove the encroachment, FPUA shall have the right to remove
the encroachment from the eaoorAaOt. customer shall pay all costs incurred by FPUA
related to removing the encroachment from the eaeemeot. All easements shall he
prepared and recorded by FPUA's attorney. All preparation, recording fees, etc. for
Eusementsthnt are for the benefit of the Customer shall be paid fnr by 'the Customer
directly toPPUA,sattorney atthe time ofexecution,
�. �����mm%��-The�udnmnem�ndPn�ec�2n�neershaUfomn�hmomnoo�1e�tofdesi8n
documents, plans and specifications of the System for review and acceptance by FPUA.
Approval of the design cloctiments, plansand speciflc�ndoris is vand for one year from the
dote of approval. FPUA reserves the right to require -he ruouhrn|�a| Of the design
documents, plans and specifications if construction of the project has not commenced
within sixmonths, The accepted design documents MII seyve as a basis for construction
of the System, The Customer will solicit bids and negotiate a contract for construction,
Subject to exnivatim8' review and approval by FPUA. MIA will also have "he right to
review and -approve the acquisition and Installation ofnaileriuls. |fFPUA determines
there are deficiencies in the oontractdouQroents, materials or |mota!lat|on 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 docu;rients 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
Project is to be. con.'structed In 1pha Ses, tf'e ajvtn#7� i' iri �'('n i-- 1-(i rsln- shall fUrnkh
complete set' of phasing plans for review and acceptance by FPUA. FPUA may not allow
phasing or may require modification to the subi-nitted phasing plan to ensure (Clad no
nc^_— ive effects are pd ai a's.ri on L}i`e rP:;i�, �'4�'ut%.r or vvu,iaevvatcr sy.Steaii.
r,� �w
9 Submittals - 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
Inca In c. c� : _ _
i�t-! _�c C73al. r7.,i1a= n i� .,i �e''-ii-fis atia aiS e3 .;:�:. �o;� re Ciir ,'r lei'.; ii n �;t ''v�; the G-rr,prr Lnr;en.n i^
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,1vithhold services and/or file a
notice with the Florida Board of Professlonai Engineers,
11. FPUA Inspections - During construction of the System, FPUA may from time to time
inspect such installation to determine compliance with the plans and specifications,
adequacy of the quality of the installation, and further shall be entitled to perform
standard tests for pressure, infiltration, line and grade, 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
a
irne is when utilized, will e sin i-nitted to FPUf\ upon completion of construction,
1-2, progect Engineev Msjpedjons - In addition to iPU:A Inspections, the Project Engineer shall
provide a qualified utility inspector to ensnare that the approved design is adhered to and
FPUA Standards and Specifications are met during construction, Inspectors must meet
rniniFfiLlurn qualifications as defined ed In P3 UA Standards and 1S eciflcations.
! 3, Transfer rr�f System to FPUA - Customer and Project Englneei L°dill provide final cost and
quantities to FPUA prior to FPUA's acceptance of the System. Upon acceptance of the
System by FPUA, FPUA hereby agrees to accept ownership of the System for operation
and maintenance purposes. Such conveyance is to take effect upon the acceptance by
FPUA of the installation, without further action by FPUA Or the Customer, As further
evidence of the transfer of title, upon -the 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 4 of 11
and wastewater collection system asconstructed byCustnmerand approved by FPUA,.
along with documentation of Customer's costs of construrtion and Customer's No Lien
Affidavit, in form approved by FPUA/s counsel, Subsequent to the construction of the
Systarn and prior to receiving a meter(s) from FPUA, the Cv5tomer shall convey to FPUA
aU easements arid/or rights -of -way covering areas in vvhich puiable vvater and
wastewater lines are installed by a recordable document in a form supplied by F P UA. The
Customer shall not have any present or future right, title, claim orinterest |n and to the
potable Water and wastewater facilities transferred to or ovined by FPUA. The Customer,
through its counsel, will certify that the Customer has the right to convey such easements
orrigh��u���yand further cert|fVi—FPUA/sr|ahttVthe continmousen]oymen�ufsuch
eaoementso/r|ghts-of-wuyfor thosepurposes auset forth inthis 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 2818 and
themforethe 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 fnduding deficiencies in urfai|ure to -the design, -rtateMa|u or installation or any
other failures that may be attributed to the System sitting dmrmnnt. The vvarronty will
begin on -the date offinal acceptance byFPUA. The vxanoxtywill provide, among other
things, that the Customer Will, upon notification by FPUA, conrect any deficiencies as soon
as possible or reimburse FPUA for any work performod by FPUA to current the
deficiencies.
jg. Oxunem»hUpmfSystem -The Customer agrees with FPUA that all potable water and
wastewater facilities conveyed to FPUA for use in oow*enUmn With providing potable
water and wgstewoier service to the Property shall at aUilmes remain in the complete
and exclusive ownership of FPUA, and any entity owning o»y part ofthe Property or any
residence or building constructed or located thereon, shall nothave any right, tit|e,o|aim
urinterest |nand tnsuch facilities, orany part ofthem, for any purpose. |naddition, FPUA
shall have the exclusive right and privilege to provide potable Water arid wastewater
services tothe Property and tn-the occupants of' each residence or building constructed
.thereon.
��. Mews - The Customer or its successors in tNe will be assessed the meter charges and
deposits atthmdrne, the Customer isconnected to the faciULies.�;-ztiz)rnev'agreesLonntii�y
purchaser oflots, ifappRcabUe,oftheprovisions ufthis pasgraph.
��. Qman;,Mleed Revenue CIRL-Q-vgem - Annual Guaranteed Revenue Charges /GKCd, as
described in the current FPUA Resolution, will be assessed. tnall units not connected to
wm�e 'w��ewater san/inyu Within ome /1\ year from the date of exeuutke.m of this
Amendmentsigned by FPUA. Fadureto promptly pay FPLA invoiced 6RCs is cause for
Termina1ium.Cuutomeragrees tonotify purohayeruf!e-ts,i'app|ivab\e,ufthe provisions
of this paragraph.
Page 5 Of 11
��. Amwaxa*ow A0yeemmemt or EvkdenmeTheveaf-The Cudojj,�ershaIiSimultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as EuMM 'Y" providing that the Property will beannexed into the city limits of
the City of Fort Pierce, Florida, m/hanever such annexa'Uun may legally occur. The
Customerfurthera8:seu/ f:� i\�e|Y, Its succeosony and aasl6gns, 'that !twill s|gn any and a||
necessary documents to effectuate the annexation upon re�uest oftheC!tyof FortPlerce
or FPUA. The Customer waives any and all objections to such annexation bythe cityof
Fo��iercea:�a8reem1}�uiU�|s�mcurn�nto�on�w|th�he4nnexat|nnA�reementin1he
fnrmattachedheretoaoM-Kibbit^F*/shal|becnnstruedtosaU'`requ|rementsof|awfor
consent or approval of such annexation now or hereafter required. In the event that
individual lots are sold, the customer shall be responsible :'C;r 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 |nthis Amendment. All Annexation �,gree0enLashall be prepared
and recorded byFPUA'mattorney, All preparation feey,pe-co/d|ngfees,etc.for Annexation
Agreements shall be paid for by the Customer directly to �i'UA's attorney at the time of
execution,
19. TermUriaUan'The Customer can termnate -this Amendment by written request at any
time. With mm/RhmNmw3A+jaywritten notification, FPUAmaVtenninatathis Amendment
due to Customer's failure to pzy GNC invoices, In the event of termination by the
Customer or FPUA, the Custom er shall be entitled to a refund of am amount equivalent to
one hundred percent /1Q00%\ofthe Capital Improvement Chavgeuthat were allocated tn
the Project at the time of execution of this Amendment. without interest, minus an
amount equivalent tofive years Guaranteed Revenue Charges, The refund ca|omlnQmn
applies only to Capital Improvement Charges for unon1nected units at the time of
termination. The Customer shall beentitled credit for aN�6HaramteedRevenue CharQes
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
Enviiunroentu! Protection Permit. If construction of the Project has not commenced
vv|tNn five years of the date of execution of th!m An\endnment by the parties' the
Amendment will be automatically termiln-ated, the provisions of this Amendment shall be
null omdvm|d and funds shall he disbursed based upon the fo[mu{a stated previously in
this section.
��. FPUA Regul)atllan - Qmtwithstandimg any proirisions in this Amemdmem, MIA may
establish, revise, modify and enforce rules, reguL)-donsammiseycovering dheprovision of
potmbie water and wastewater service to the Property. Su-[h /u|eo, ro�u|�Uons and fees
are subject to the approval of FPUAi and will be reasonable and subject to regulation as
may beprovided bylaw orcontract.
2L HoUces'All notices provided forherein shall bekn writing and trammiited bymail orby
Page 6 of 11
FPUA:
John K. Tornpeck P, E,
Director of Utilities
P.Q. Box 3191
Fort Pierce, FL 34948-3191
Customer:
Name; Renar Homes (Morningside), LLC
Address• 372C cE n �a tzl„�! ct �1cf r FL �4o9c_67-r G
J.l, .//�✓ VL l"ce it U VU J e 1 1. Stuart 1 J ✓ V 115
Telephone; (772) 692-7800 Fax; (772) 692-9155
E-Mail: rhondarowe@renarhomes.com
Project Engineer;
Name; Culpepper °x 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
22. Amendment - This Amendment constitutes the entire Amendment between the
Customer, FPUA and the Project Engineer, No additions, alterations or variation of the
terms of this Amendment shall be valid, nor can either party waive provisions of this
Amendment, unless such additions, alterations, variations or waiver are expressed in
writing and duly signed by the parties hereto, This Amendment shall be governed by the
laws of the State of Florida and shall become effective upon execution by the parties
hereto. The venue for actions arising out of this Amendment is in St. Lucie County, Florida,
This Amendment shall run with the property in which it is proposed to serve and the terms
of this Amendment shall be considered binding to any assigns or heirs, This Amendment
shall be recorded by FPUA's attorney, All preparation and recording fees, etc., for the
Amendment shall be paid for by the Customer directly to FPUA's attorney at the time of
execution.
Page 7 of 11
lid VVITMESS VVHEREOF,,ThQ CIAStDi-rier, Project Engineer and FPUA have executed or
have caused this Arviendvnerii. to be duly executed in several courierparts, each of which
counterpart shall be considered an orlsinal executed copy oNhlsAmcrd-.Tif,-M,
Slpwtura'- of witness,
PtInted Narne of witness
IIn--Iwre Of
Printed Maio 03' Wilm--'ss
7,
SlgwWre of Witnea8s
C5`610., 71 Je
Prit-i'Led Nanrio of Wittless
(FP VA)
Sr lE 0r F t, OR 16 A
COUNT.
VO RRT P 1 E RC E M III, M E S AUTI !k 10 Rn 1 T Y
-lied,
chair man-bignature at Print
Name
Secretary -Sign ato ire 8A WIntQcI Home
4
Printed N?,tng OY 031-a?m,a,,
sfpatur6 of Project Engineer
Prin'ted, Nklme of Prrijed Engineer
the foregoing Iii-trurinent vvls KI(nowledged beVerre mr this day of
by
on eI -it " 'who ave per,�*Wqv kviffilffl "Ci
bhlf of F aort Pierce UITIMUes Authiuvp
7
A
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Thfu ANO(my POLL JnIdpwlltm
p2ge 9 of 11
(Customer)
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&',•F April 011 2021
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STATE OF I'LOMDA
COUNTY OF
The foregoing IIISITtlMrA W-M ac9 noWleed before r„e this clay of
C+' C-, ! , i1 ( o i(__.-L .. who is the
r'b-,i Id
Project FngMeer, on behalf of &dd know-0 4o me.
PrintedName of
1fl MIA F�1 1V?9 y
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Page 10 Of 11
List of fthlbits-
Attached NA
[]
[_�] | | A Quitclaim Assignment (including legal description)
8 Palm Breezes and SunDy|andFarmxOriginal SuppiyAgreement
| x| | | C joint Notice Document Execution —[KCCredit Allocation: Ceotex
HomesandSunnvlamjFarms LLC
F-�7 �—1 D Capnu�vReductionOpt|onVVorkxhee�
��
Fv] �—1 E Utilities Assignment A0reecnentdnte6�Noy1Z,2OO5
��
F Annexation Agreement
�� L�
Page 11 of 11