HomeMy WebLinkAboutFPUA i
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February 5, 2019
Rhonda Rowe, Manager
Rernar Homes Morningside, LLB,.
3275 SE Ocean Blvd.
3tuaa z, Florida, 34996
SUBJECT. RA/arningsilde Phase iiA PlIanned Unk Devellopment QPUD�
Dear Ms. Rowe,
As requested, Fort Pierce Utilities Authority (FPUA) would like to confirm the availability of
water and wastewater service to the above-referenced development, 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 world 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 James Carnes at (772) 455-1500
eict.34.72.
Sincerely,
James Leland Carnes
Supervising.Engineer W/WW Engineering Department
Prepared bv and Return to, Revbed12f}2'2O27
Fort Pierce Utilities Authority
Attn: R. N. Koh(e8ard, U)
Omt-thome Box 145
V0ATE8 AND VVAGTEVVATER SUPPLY AGREE&li5iff&i'vIGNDK8ENT
THIS AGREEMENT AMEN ENT (herein fe re6 to as "Amendment") is made and
entered into this 7 day of 2017' by and between FUR` PIERCE
UTILITIES AUTHORITY(hereinafter referred toas"FP °) and
I.I.Q. (hereinafter referred to as "Customer"), and hereinafter
referred toas"Project En8|near"i The Project name is MORNINGSIDE hereinafter referred tuos
the "Project'),
VVyTNESSETH:
WHEREAS, FPUA is the governing body authorized to enter into agreerrients relating to
the use of water and wastewater supply ho the City of Fort Pierce;arid
WHEREAS, the Customer owns property located in SD. Lude County, Florida, through a
Quitclaim Assignment as more fully described in Exhibit Aattached hereto and made port
hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating
continued development of the Project;and
WHEREAS,FPUA has determined that it is in the best interesis of FPUA, Its customers and
the City of Fort Pierce to modify the terms and conditions of the original water and wastewater
supply agreement described|nExhibit B;and
WHEREAS,the Customer has opted to utilfze the Capacity Reduction Option whereby the
present Guaranteed Revenue Charge (SRC) debt will be offset by the |m|t!a| capacity credits
allocated to the project pursuant to the provisions of Exhibit B, clescrlbed in Exhibit D and fully '
described below. Remaining capacity allocations will be addressed below.
WMEQIGHAS,the customer agrees that upon execution ofthi.s Amendment, all terms and
conditions ofExhibit B,will be superseded by this Amendment and new supply agreements will
be required for future phases mf the Project.
NOW,THEREFORE,for and in consideration of these prerrilses,the mutual undertakings !
and agreements herein contained and assumed, the Customer, [nQ|neer, and FPuA hereby '
covenant and agree asfollows:
1. The fmre8oinig statements are true and correct, i
2. Project Caperity'(Fully described in ExhibitD)
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%Va8en The customer requires on allocation of 126 water Equivalent Residential
Connections (hereinafter ERCs) to complete Phase 2Acf !he Project at3O0gallons per
day and the customer has 49.71water EKC's currently entitled with the development
(based on payment ofoutstanding GR[s by the Capacity Reduction U[k|oo). Therefore,
the customer has a water ER[deficit of7G.29�water ERCatu complete this phase.
Wastewater-The customer requires an allocation of 126 vvastewater E13Cs at 240 gallons
per day and the customer has 195.94 wastewater ER[~s currently entitled with the
development(based on payment ofoutotandingGRCaby the CapadtyReduction Opt{on).
Therefore,the customer has a wastewater surplus of 69.94 wastewater ERCs that maybe
allocated to future phases of the project.
*The customer has elected to pay for deficit ERCs,mt present day rate,mn an as needed
basis(upon request toconnect homes bmFPUA's faciKitlem). |m the event these allocations
are found to be insufficient at any time, Customer will be ||ob|e 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 wa8ewater collech2njygm, in accordance with
-the approved plans for the System prepared by and �
submitted and accepted byFPUA.
4. Permits - FPUA will sign FBEP general permits for the Phase JA of the Project when the
utility construction plans are reviewed and approved bv FPUA and when all applicable
terms and obligations of this Amendment have bemn mot hy the Customer.
5. Title-Upon execution of this Amendment,the Customer,ai itsexpense,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 hode/ having an interest in the |
Property will be required tu execute o Consent and Joinder of Mortga8ee/Lienholder|na .
form approved by FPUA counsel, subordinating its moage8e or lien to the utility '
easements contemplated in the foregoing Amendment. The Customer must either i
submit a title policy or a letter from an attorney licensed to do business in Florida |
confirming that either there is no mortgage or lien on the property or that any mortgage !
or lien holder has properly executed a Consent and Joinder of Mortgagee/Lienholder, The �
title policy or letter must be issued within thirty '30\ days of the execution of this i
Amendment byFPUA.
G. Project Engineer'The Customer shall retain a registered professional engineer("Project !
Engineer") to perform all duties defined by this Amendment. The Project Engineer shall '
adhere to all FPUA Standards and Spedflomtians provided to the public by FPUA in
reference toconstruction of utilities and connection to ;PUA'x water and wastewater
systems,
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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 present and future 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, 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
^..f the potable water and wastewater facilities; that in the event FPUA is required or
desires to install any of its potable water and wastewater facilities in lands within the
Property lying 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 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 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 limited 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 .which 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 portion of the Property affected
shall immediately remove the encroachment from the easement upon the request of
FPUA at Customer's or successor owner(s)' sole cost and expense. 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 easement, 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:
8. Construction-The Customer and Project Engineer shall Fus Trish a complete set of design
documents, plans and specifications of the System for review and acceptance by FPUA.
Approval of the design documents, plans and specifications is valid For one year from the
date of approval. FPUA reserves the right to require the resubmittal of the design
documents, plans and specifications if construction of the project has not commenced
within six months. The accepted design documents will 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 FPUA. 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,
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the Customer and the Project Engineer agree to take 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 rr:aterials. In the event that the
Project is to be constructed in phases, the Customer and Project Engineer shall furnish a
complete set of phasing plans for review and acceptance by FPUA. FPUA may not allow
phasing or may require modification to the submitted phasing plan to ensure that no
negative effects are placed on the FPUA water or wastewater system.
9. Subirnktais-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
in FPUA Standards and Specifications; is the sole responSibillty of the Project Engineer.
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,kr,/ithhold services and/or file a
notice with the Florida Board of Professional 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,and all other normal engineering i
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 inspections- 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
minimum qualifications as defined in FPUA Standards and Specifications.
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1 ,: transfer of S49stern to FPi1pA- Customer and Project Engineer will 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 th, 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
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and wastewater ooUeotkm system as constructed bv Customer and approved by FPUA,.
along with documentation of Customer's costs ofoonstru�tkzn and Customer's No Lien
Affidavit, inform approved 6vFPUA'ocounsel, Subsequent to the construction ofthe
System and prior to receiving a meter(s) from FPUA, the Customer shall convey to FPUA
all easements and/or rights-of-way covering areas in which potable 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 toor coned byFPUA. The Customer,
through its counsel,will certify that the Customer has the right to convey such easements
or rights-of-way and further certifying FPUA's right to the continuous enioyment of such
easements or rights-of-way for those purposes as set forth in this Amendment,
14. Warranty—All parties understand that substantial portions of the System were installed
and not properly certified for operation through FDEP between 2005 and 2028 and
therefore the useful life ofsaid 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 dmfidendeu in or failure to the design, materials or|noto||adon or any
other failures that may be attributed to the System sitting dormant. The warranty will
begin nn the date of final acceptance byFPUA. The warranty will provide, among other
things,that the Customer will,upon notification by FPUA,correct any deficiencies as soon
as possible o, reimburse FPUA for any work performed by FPUA to correct the
deficiencies.
15. Ovvnenoh|p of Systmmm ' The Customer agrees with FPUA that all potable water and
wastewater facilities conveyed to FPUA for use in connection with providing potable
water and wastewater service to the Property shall atm!|dmes 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,shall not have any right,title,claim
or interest|n and to such facilities,or any part of them,for any purpose. (n 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 resiVence or building constructed
thereon.
I& Meters -The Customer or its successors /n title will be assessed the meter charges and
deposits at the time the Customer is connected to the facilities. Customer agrees to notify
purchaser of lots, )f applicable,of the provisions uf this paragraph,
�7. Guaranteed Revenue Charges - Annual Guaranteed Revenue Charges (GRCS), as
described in the current FPUA Resolution, will be assessed to all units not connected to
water/wastewater services within one (1) year from the date of execution of this
Amendment signed by FPUA. Failure to promptly pay FPUA invoiced GRCs is cause for
Termination. Customer agrees in notify purchaser oflots, applicable, of the provisions
of this paragraph,
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18. Annexation Agreement or Evidence Thereof e The Customer shall, simultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as Exhibit "F" providing that the Property will be annexed into the city limits of
the City of Fort Pierce, Florida, whenever such annexation may legally occur. The
Customer further agrees, for itself, its successors and assigns, that it will sign any and all
necessary documents to effectuate the annexation upon rej nest of the City of Fort Pierce
or FPUA, The Customer waives any and all objections to such annexation by the City of
Foot Pierce and agrees that [his document, along with the annexation Agreement in the
form attached hereto as Exhibit"I"', shall be construed to satisfy requirements of law for
consent or approval of such annexation now or hereafter required. In the event that
individual lots are sold,the Customer shall be responsible for informing the purchasers of
such lots,in writing,that these lots are subject to the terms of annexation into the City of l
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Fort Pierce as defined in this Amendment.All Annexation Agreements shall be prepared
and recorded by FPUA's attorney. All preparation fees,recardingfees,etc.for Annexation
Agreements shall be paid for by the Customer directly to Fi'U;'s attorney at the time of
execution.
19, Termination e The Customer can terminate this Amendment by written request at any
time. With a minimum 30-day written notification,FPUA mayterminate 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 (1.00%)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 Guaranteed Revenue Charges
already paid at the date of termination. Termination will also result in the forfeiture of
reserved capacity and may result in cancellation of Ehe Florida Department of
Environmental Protection Permit. if construction of the Project has not commenced
within five years of the date of execution of this Amendment by the parties, the
Amendment will be automatically terminated,the provisions of this Amendment shall be
null and void and funds shall be disbursed based upon the formula stated previously in
this section.
20. FPUA Regulation Notwithstanding any provisions in thls Amendment, FPUA may
establish, revise, modify and enforce rules, regulations and fees covering the provision of
potable water and wastpwater service to the Property. Sua h r!rles, regulations and fees
are subject to the approval of FPUA, and will be reasonabie and subject to regulation as
may be provided by law or contract.
21 Notices-All notices provided for herein shall be in writing 4nd transmitted by mail or by
courier,to the parties as set forth below-
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FPUA:
John K.Tompeck, P. E.
Director of Utilities
P.O. Box 3191
Fort Pierce FL 34948-3191
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Customer:
Name: Renar Homes(Morningside), LLC
Address: 3725 SE Ocean Blvd Ste 101 Stuart FL 34996-6715
Telephone: (772)692-7800 Fax: (772) 692-9155
E-Mail: rhondarowe@renarhomes.corr►
Project Engineer:
Name: Culpepper&TerpeninR, Inc.
Address: 2980 S 25th St Fort Pierce FL 34981-560.5
Telephone: (772) 464-3537 Fax:(772)464-9497
E-Mail: pferland@ct-eniz.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.
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JOINDER AND CONSENT OF MORTGAGEE/LIEN HOLDER
being the holder ofthat certain
lien or mortgage dated the day of _, recorded
on inO. R. Book Page
Public Records nfSt.
Lucie County, Florida, hereby consents and subordinates its lien o/ mortgage to the utility
easements contemplated in the foregoing Water&Wastewater SupplyAgreement Amendment,
LIEN KJ0MORTCAGEHOLDER.
By:
Signature of Witness ' Title:
Print Name:
Printed Name ofWitness
STATE OFFLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
b , who is the
or ,
Lien or Mortgage Holder,on behalf of said company, He (she) |s personally known tnme,
|
Signature oyNotary �
Printed Name o/Notary �
,
Page 8 of 11
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IN WITNESS WHEREO , the Customer, Project Engineer and FPUA have executed or
have caused this Amendment to be duly executed in several counterparts, each of which
counterpart shall be considered an original executed copy of this Arnerd rnA.lit,
Witne-ses- i FORT PIERCE UTILMES AUTHORITY
BY:
Signature ofV11itness., i/ Chairman-'Signatufe Print-4 Name
r
Printed Name of Witness Secretary-Signature& Printed Name
On
Signature of Witness Slona6 of
b
D,wt vzvi�'e 's P—J) c�
Printed Name of Witness Printed Name of Ctistomar
A.'
Signature of Witness Signature of Project Engineer
Ae
Printed Name of Witness Printed Name of Pro]ect Engineer
(FPUA)
STATE OF FIDRIDA
COUNTY OF
The foregoing Instrument vias acknowledged before m,2 this day of
by 0.i 'r 111, YJ J-
on behalf o-l"Fort Pierce Utilities Authority,uvho are persorol1v known 10 m1e,
Signature of Notar
F10111MMICAYMAVARELLA
RES:August 14,2010
Thfu Notaq PuM Vndam,&N
Page 9 of 11
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STATE OF FLORIDA
COUNTY OF V+
The foregning iLnstrun ent vvas acknov'uledged before m; thIS day of
by �PLt t� who Is the
the Customer,on behalf of said company,He`sI' Is e's lly Itnav,n tome,
. . Sign tUre of NOt?ry
1°A,
aAM t o April 0,;,2021
_._a,�,__... .... PrI)Aed Nave of Mo tar,l
MY COMMISQ10N it G0087012
explRm spill oc§ oqa1
S`rATF OF FLORIDA f
The foregoing Instrurnent was acknowledged before me this 3 c 6'� clay of i
bY� �: �l�C:Jf , ��;lf ,vvhsrlsthe
���1 li i (%s� 1.��� f t'IZ t_i^r`� �I' l , ll �7 f—�1;]:..1f=1�' f'' f rL.�,��.lil fl`_I ( •14`....
Project Engineer,on behalf of said cornpany,(He(she�!s personally knovyn to me
Signature of Notary
Printed Name of Notary
MY cofmmisa iom"i GG014882 i
EXPI€PS 0dobee28,2€l20 !
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List of Exhibits:
Attached NA
aA Quitclaim Assignment(including legal description)
B Palm Breezes and Sunnyland Farms Original Supply Agreement
C Joint Notice Document Execution—ERC Credit Allocation: Centex E
Homes and Sunnyland Farms, LLC -
oD Capacity Reduction Option Workshee-t
E Utilities Assignment Agreement dated May 12, 2005
F Annexation Agreement
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STATE OF FLORIDA
11,001-I Y OF—j
The foregoing, I-Strunnem- 1�1�13s ardencluldedgmed thefia-re nne d"S V1 A- ,f
by who is the
. .......... ..... K
theiCustomer,on beliahh)fsa
-1d company.Hen,15he"
SignAure of Nota,t
R 0
Ar'lftt 6ir Aptil 04 2'021)
d N.g m e of N
WIRN-5,--pill 01t 2021
J,m.,)jeet Engineer)
ATV-OF FLORWA
coulm Or
The foregoing Instrumemt was acknowledged before r-te this Pv( (Inv of
IS Ac- who, Is the
L --
Project Engineer,on behalf ofs-aid i ompaviy,(4 he s personally kro4n to me.
Signature of Mukvl,
-)r n'ted Namle of Ni"t'liv
IN"I
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List of Exhibits:
Attached NA
A Quitclaim Assignment(including legal description)
(� B Palm Breezes and Sunnyland Farms Original Supply Agreement
C Joint Notice Document Execution—ERC Credit Allocation;Centex
Homes and Sunnyiand Farms, LLC
aD Capacity Reduction Option Worksheet
E Utilities Assignment Agreement dated May 12, 2005
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F Annexation Agreement
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