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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 - oi I M- Im 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 NT 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 -805 Thfu ANO(my POLL JnIdpwlltm p2ge 9 of 11 (Customer) $ A-1E OF FLOWDA vtiiVii OFA �i - v 1 ki •FnqL Ing - this 1 .4�1, of �t a`Str:u,licyyu�v:J3^: n j�iavY `! FUP 2 r2Ft 4% Li{� :,�3�wU Tlti(J Ui'I Kiuiluli i �t�-!Cl Cdlll}7711 I, He Hej�l.S�gq so•`. aify OwnSigmItUre Of iC3 filc, S � ° frt_ �n • � J'LL �� y�� n-.-;. -=r ili.•a. t.;r �ii">3' a� ! i i� '�d �`I,di • 'J;��:.t:iiliJij7F �i�t76�3d� ' 1�' 1�t1� F P (`'�r't�� �'lii A� �� &',•F April 011 2021 _Y-_.--_ - - ,,�ai� rtIf�I L- r� Misr t �� 8 tviilCOMMIS3.)O111C-Qo �i- �iYjic "'' CXPIREO dp!I16 (, 2021 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 lJ1iE�J"61 M 13 '1'8 N W 0 G 014 8 8 2 •;?�a`t.-.-�.���I>^�i.=�OC�Oe3E� �A2J3t�� i ( 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