HomeMy WebLinkAboutLETTER-FPUA February 5, 2019
Rhonda Rovve, Manager
Renar Homes Morningside, i_LC.
3275 SE Ocean Blvd.
499
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:3iiian i., a`io�u�.td'a, 3:nn✓:.iGs
WMECT. MorrnMsdde Phase HA pUanned Urnk Dev Moprru�ent QFLDIQ,
Dean- �jjq R.n-ver
As requested, Fort Pierce Utilities Authority (PPU/A) would like to confirm 'she availability of
water and vvastevvater service to the above-referenced develop rent. Capacity for`this phase of
the development is delineated in the attached 'Water and V/dis•tewater Supply Agreement
Amendment" dated November 7, 2017 and is currently available at PPUA's Water Treatment
Plant and Water Reclamation Facility.
Availability would be contingent upon the completion of construction of the required
infrastructure and payment of the applicable fees and charges, Please visit our website at
to review developer requirements, specifications, details,fees, etc.
Should you have any questions please contact Richard James urines at (772) 466-1600
eact.34•72.
Sincerely,
James Leland Carnes
Supervising Engineer W/WW Engineering Department
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Reliable Public ST LUCIE COUNTY
Power Provider
Prepared by and Return to: Revised 11-02-2017
Fort tierce Utilities Authority
Attn: R. N, Koblegard, III
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THIS A MEEDYIEEN) AuNIE D-VIEN (herein referred to as `IlrCicndment") is made and
entered into this 7day of , 'l ?'1'j '3F--/ - 2017, by and between FORT NERa
U i is i i 101 AU-i ORI _G(hereinafter referred to as'MA"'),and F{ENAR-HOVIE3(RACIRININ651 E),
0�,,L�r (hereinafter referred to d5 "Customer"), and Culpepper & le rLD er0rig, Inc, hereinafter
referred to as"Project Engineer`'), The Project name is MOtiNINGSIDE hereinafter referred to as
the"Project"),
iL'N NFESSETH:
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
WHERE-AS, the Customer owns property located in St. Lud-- County, Florida, through a
Quitclaim Assigninen-t as more fully described In ExhiNt A attained hereto and made a par;
hereof and hereinafter referred to as "Properly", whereupon the Customer 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 wastewater
supply agreement described in Exhibit B;and
WHERFAS,the Customer has opted to Al'ize the Capacity Feduction Option vvhereby the
present �L3ai`anteed Revenue Ch�ggc (.G-RU debt ` ill be off et :1'; dke i ii9 l Capa Ry credits,
allocated to the project p,arsuantto the provisions of ExhNt:0, described in E-AAA D and fully
described below. Remaining capacity allocations will be addressed below.
vUH MEAS,the customer agrees than,upon execution of ti'is, Ar�oendment, ai8 tennis ailtl
nd9'ions of 6� � �,L":?ill be s+lp rSe Ld il�t this A51?e�3gl?nen �61 s t eN3 SL3; Jl\,@g eemenEs L^till l
be rc-qu red for future phases of the Project. i
NOW,To HEREFORE,for and in conside,ation of these peen-#_&s,the mutual undertakings
and agreements herein contained and assumed, the Customer, -nbineer, and FPUA hereby
cove nan-and agree as f ollows:
1, The foregoing statements are true and correct.
i
e Lrmject cal�z.acity�-(s Ulty described in Exhibit DJ
Page 1 of 1
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Water The customer requires an allocation of 125 mater Equivalent Residential
Connections (hereinafter ERCs) to complete Phase 2Aofihe Pro at3OOgallons per
�
day and the customer has 4� 1water ERC's currently entitled vviththe development
(based on payment of outstanding GRCa 6v the Capacity Keduution Option). Therefore,
the custorner has a water ERC deficit of 76.29 water ERCs to complete this phase.
9V�m�em/a���-Thecostor�erreq�iyes:n8Ho:n�ionc�j��m��ts»�ahsr[kCsa�24�8a|isns
per day and the customer has ���� wastewater ERC-'s currently entitled xxith the
d mn ene!u� eni'booedonpeymentofoututandiogBRCsbytheCapaoksReduciion8pt|on\.
Therefore,the customer has a wastewater surplus of 69.94wastewater ERCs that maybe
allocated-`Lofuture phases of the project,
p The oumtommev has elected to pay for deflmft ERCa,at pnmyexr�day rete/onsnmmmaaded
bamim�mpen request tmmonnect homes to FPUA/sfacUUities). )o 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.
�. SVstemm - The Customer, FPUA and the Project Engineer have determined that the
following facilities (hereinafter 'the System") are requ|,od to serve Phase 2A of the
Project: onsite water distribution and wastewateK gpliection system, In accordance with
the approved plans for the System prepared by and
submitted and accepted byFPUA.
4. Pemm0ts ' FPUA will sign PDEP general permits for the Phase 2AofthePr 'ectVvhenthe |
� !
mtUitycoMstrwctiun plans are reviewed and approved hyFPUAand when all applicable '
ternm and obligations of this Amendment have been nnetb/ the Customer.
S Title-Upon execution of this Amendment,the Customer,atits expense,agrees to furnish
FpUA with a copy of the recorded Warranty Deed for the purpose of establishing �
ownership of the Property. Any mmvtgagee or lien holder having an interest in the | �
Property will be required 10 execute m Consent and Joinder ufK4ortgagee/Uenho|dar|ne �
— |
form approved by FPUA counsel, subordinating |tx rnurt8a8o or lien to the utility i
eaya[nmrts contemplated in the foregoing Amendment. The Customer must either |
submit.a tiflh* puUm/ or letter from an attorney licensed to do business in Florida |
confirming that eltherthere is no mortgage or lien on the piopertv or that any mortgage !
or lien holder has properly executed a Consent and Joinder nF Mortgagee/Lien ho|der. Tho !
title policy or letter must be issued vylthin thir-ty '30` dsys of the execution of this .
Amendment byFPUA. �
Pro�ed Engilneer-The Customer shail retain a registered orofessional engineer("Project !
Engineer") to perform all duties defined by this Amendment, The Project Engineer shall '
adhere to aU'FFUA Standards and Specifficat|ons pmzAced to the public by FpUA in
` reference to construction of utilities and connection to ::PUA'x water and wastewater
systems,
Page 2cf11
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 prese'V and future streets, roads,
easements, reserved uti|ity sites and public places as provided and deClieoted to public
use in the record plats, or as provided for /n Amendment, dedications 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
aftho notable water and w/a`teea+er faci|itieo, that !n «be event FPUA is required or
desires to install any of its potable water and wa 'xvatel- hao||ities |n |aUdsvVith|n the
Pnoporty!yinQoutoidethexLreetsandaasenoentoneasdescribodobovo/thonCustcmer
. or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the
necessary ease0ent/s\for such installation, which easacoent(x)sha|l be recorded in the
Public Records of St. Lucie County, Florida; provided, all such installation5 by Utility shall
he made in such a mariner us not to interfere with the then primary use of the Property.
Customer or the cUcoessorovVner's' shall obtain written approval from FPUA prior to
installing any structure orobject, including, but not HmnMedtm/fences,gates,signs, trees
or poles, within an easement area, In consideration of FPU//s consent to an
encroachment, Customer ur the successor owner(s) shall agree to indemnify and hold
FPUA hay0less from and against all liabilities ordamages wh|ch may be imposed upon or
asserted against FPUA as e result of or in any vVoy connected to on 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
eaxeVnent the Customer or successor ovvker(a) of the puydlmn of the Property affected
xho|| Immediately remove the encroachment from the easement upon the request of
FPUA at Customer's or oWuoessnr ovVneY/sy sole cost apd expense. If Customer or
successor owner(s)fall to remove the encroachment, FPUA shall have the right to remove
the encroachment from the easement. Customer shall p«ya|| costs incurred by FPUA
related to removing the encroachment from the eosenieot. All easements shall be
prepared and recorded by FPUA's attorney. All preparation, recording fees, etc. for
Easements that are for the benefit ufthe Customer shall be paid for by the Customer
divurtiytu FPU/Ys attorney at the time ofex000tion.
�. Conatlrumtr0on-The Customer and Project Engineer shall fom|she complete set ofdesign
documents, plans and. speu|f|caUone of the System for review and acceptance by FPUA.
Approval of the design documents, plans and specificatioris Is valid'
for one year from the
date of approval. FPUA reserves the right to require �ha ,euuhrn|t±a| of the design
documents, plans and specifications if construction of the pr 'eut has not commenced
within six months, The accepted design documents will oeivoasa basis-for construction
of the System, The Customer will solicit bids and negotizte: a contract for construction,
' subject toevaluation, review and approval by FPbA. FPUA will aIum have the right to
review and approve the acquisition and installation of materials. |f FPUA determines
there are deficiencies in the contract documents, materials or installation of materials,
Page 3of11
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 ria:terials, In the event that the
Project is to be. constructed in nhases,th- -—1-mer'arld Proler; Engineer chill ur nisi,a
complete set'of phasing plans for review and+acceptance by FPUA. FPUA may not allow
p;rasing or may require mo i licatioii to tiie submitted phasing plan to ensure that no
negative Pfrfr-rk Arp '"i a� -1 on the H!1 water in asstl vvatzcr system_o__. - N.. ., /\V uL Or uvu�eevvai SySteiii.
9. SubmMais-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
iIA Standards �� C at,_� _ i �� le.z r i
iri i t rri . _._ _1-1 0p Specifications,_c io?u, is L.— -�i� r��F 'iiSE' ii".L '-1 "' Praiser ,"r, r.
Record drawings, signed and sealers by the Project Engineer, must be provided in
accordance with FPUA Standards and Specifications. Should major discrepancies or
deficiencies be discovered at any time during record draw::ng process(as defined in FPUA
Standards and Specifications), FPUA may, at its discretion,withhold services and/or file a
notice with the Florida Board of Professional Engineers,
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�., FPUA Insipeetions - inuring construction of the System, FPUA may frorn 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 i
tests to determine that the system has been installed in accordance with the approved s
plans and specifications. Completed record drawings, including hard copy and electronic
8
media wiierl utilized,will be subirnitted to FPUPA Upon completion of construction.
1-2. Preyed EinguWeep Vinsipedilans- 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 mast meet
i"i'link-iF,iM qualiirications as defined in FPU 1 Standards and Spe'cificaltiins.
r
TVariSfer GO&J61-rern to FPUA e Customer and project Englneef 6Adfl 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 thy. installation afrid 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
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and wastewater collection system as constructed byCustomerand approved bvFPUA,-
along with documentation of'Customer's costs of construrtion and Customer"s No Lien
Affidavit, in form approved by FPUA/o counsel, Subsequent to the construction of'the
3ystem and Prior tupece|v|n8arAeterb\fromFPWA, theCx��umershaUonnveytoFPUA
a aa arid/or rights-of-way covering arc-as in vvhich potable water -arid
wastewater lines are installed by a recordable document in 3 form supplied by FPUA. The
Customer shall not have any present or future right,title,claim orinterest in and tuthe
potable Water and wastewater facilities trans-ferred to or ovined by FPUA. The Customer,
through its counsel,will certify that-the Customer has the rib-fit to convey such easements
orrie6t-q-of-wayandfurthercertfvimgFPUA'sr<ghttVthecanhnmuuoenluymentufsuch
easements or rights-of-way for those purposes as set forth 4-1 this Amendment.
��. 0VmrrontV—All parties understand that substantial portions of the System were installed
and not properly certified for operation through FDEPbetm/een 2005 and 2010nnd
theneforethe useful life of said System may be reduced. The CUstomer agrees to aos/8D
to FPUA a three-year warranty for the System, Vvarrantiog that the System is free of
defects including deficiencies in urfaAure to the design, materials-or 40ia!!adon or any
atherfoUWrex that may be attributed to the System sKt|o8 dormant. The warranty will
begin oR the date of final acceptance byFPUA. The oxarmx-lywill provide, among other
things,that the Customer will,upon notification by FRUA,coriect any deficiencies as soon
as possible or reinlburse FPUA for any work performod by FPUA to correct the
deficiencles.
��. OxmnevuhUp of Siyatemm ~ The Customer agrees with FPUA that all potable water and
wastewater fnd|i#ex conveyed to FPUA for use in connection With providing potable
:voter and wastewater service to the Property shall et ai|iinoes [amain in -.'he complete
and exclusive ownership ufFPUA, and any entity owning any part ofthe Property nrany
residence or building constructed ur located thereon,shall ont have any right,title,claim
or interest|n and to such facilities,or any part uf them,for any purpose, |n addition,FPUA
shall have the exclusive right and privilege to provide poLaNe water and wastewater '
services to the Property and to-the occupants of each residence or building constructed
therenn.
��. Meters -The Customer or its successors in tifla will be assessed the meter charges and
deposits otthetinne the Customer{,connected to-the fmuUibeo. Custornerogv'e*SionnUfw
purchaser of lots, if applicable,mf-the provisions of this pa,agruph.
��. Guimo,an'lleed Revenue Chuarges ~ Annual Guaranteed Revenue Charges (GRCs), ms
described /n the current FPUA Resolution, will beaoseosedtnall units not connected to
water/wastewater uervi*yu within one /1\ year from} the date of execution of this
Amendment signed byFPUA, Faflureto promptly pay FPL4 invoiced GRCs !is cause for
Termination. Customer agrees-to notify purchaser of lots, i' app}ivabje,of the prov�ajmns
uf-this paragraph.
Page 5of11
Via. Anmeuafti Agreemient or Nidence Theeeaf-The Custon)er shail,SImU iitaneous with the
execution of this Agreement, execute an Annexation Agreernent in the form attached
hereto as FNM "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
C!Ist^ r�r further ❑gree[� `:a• cc _ .. -I lg,-i h R will •-3:.ez id 19
..-:.:J:._ri:�i further_f F"—t,�J, iVI i�— 1, il.3 st1 k,�+CJJV i.J and a3j 15 s, I.I�aL a:V.;i{ =1[jl� :mil i`Y'GV{S.i ai:
necessary documents to effectuate the annexation upon request of the City of Fort Pierce
or FPUA. T he Customer waives any and all objections to such annexation by the City of
10l t Pierce t,G allU agrees Cl ltll 6I 1IJ U4J l,U 1l I4:.111,, alUll� W1611 LIIC IIlICXAl1Uil tigreelllCltt Ilh the
Dorm attached hereto as x�9 r'a' ",shallr r
h � .�, be construed to Sa tlsly regtilrenleilts 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 scr informing the purchasers of
such lots,in writing,that these lots are subject to the tern,s of annexation into the City of
Fort Pierce as defined in this Amendment.All Annexation�,greernents shall be prepared
and recorded by FPUTA's attorney. All preparation fees,reco•dingfees,etc.for Annexation
.Agreements shall be paid for by the Customer directly to rPUA's attorney at the time of
execution.
19, Termlinafloun - The Customer can terielinate this Amendment by written request at any
time. With a minimum 30-day written notification,FPUA mayterminatethis 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 (100) of the Capital Improvement Cha rages that were allocated to
the Project at the th-ne 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�,uaranteed 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 r he Florida Department of
Environmental Protection Permit. If construction of the Project has not commenced i
i
within five years of the date of execution of this Arleid n,ent by thie 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.
0. (PUA Regulla"Ltkijiu N-otwiths'ta'ndi any prods-ions ]In Unis Amendment, FPUA may
establish, revise;modify and enforce rules, regulations anc fees covering idne provision of
pota,bie water and was'UewAter service to the Property. Such rules, regulations and fees
are subject to the approval of FPUA, and will be reasonable and subject to regulation as
may be provided by law or contract.
21 Notices-All notices provided for herein shall be in writing arcs transmitted by mail or by
courier, to the parties as set forth below:
Page 6of 11
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 Ocean Qlvd Ste 101 Stuart FL 341,196-6715
Telephone: (772) 692-7800 Fax: (772) 692-9155
E-Mail: rhondarowe@renarhomes.com
Project Engineer:
Name; Culpepper&Terpening, Inc,
Address: 2980 S 25`h 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 parries
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 the of
execution,
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IN WITNESS VV'HEREOr the -ustorne'r, Project Engineer aitd FPUA have executed or
have causes`! tilis (anzundmertt to be duly executed in several cotr erplarts., each of which
counterpart shall be considered an original executed copyoftiaisAMC,1dM'p-rite
r ,h8n1 p1, nC Ew'P13 -,lB Fn-:l l6eu+1
[Y
J. !! _ q
x
3. -
SIgr1 AUr or WK-flesa r .. Chairmari-Signati.lie&prinf �i Name
ICE( rrli 'r., 1r) Jt1 %{�l =l =..l �'�_ 1'1'�. ',).r ..r`,
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Printed Marne or Witness Secretary-Sign ato tie 84 Printad Han,
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.,i3�jb 1lu4ii 3 v U r-Y I�G f+.J•i =✓1(ji l'tii u+:,'R�v L I yi.'!a G V..'��1 •
pit
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PrIn'ed N a 8 n e n;WI'me'ss printed Name of 0 0,srm
Sigtv4we of Witness � Signature of projectErigNeer
Prlt-aled Dame of Witness P'rin'ted Nklrne of penject 1,11gineer �
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(FRIA)
TWIE nP FQ€RMA
COUNTY OFF 7-
rho Foregoing i`i A-talent was acknowledged before m this day or
by / t5: 1�,< :;. �_ c= :1411S10
on behalf o1 Fort Pierce ti"tlii'tles A+11.11,0 iW,Who are,i ersoopgHy kno'kiivil;u -ic" i
""���`•r_ ,fir �_.- 'j.
Sggnatvr e of I�.le7,v,
PeiF�tec€ ;\i� 'r RE Fluausi aa,acif
Tku aL'd1?OvoVnAr'mlM
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e t
Page 9 of 11
Si'Ai1!OF FLORIDA
l:
t��.�irilViY 0� ��a
Th �r P fal eL e 7w ';vf. ;rain _hl"novdied-ged 1befere
1 v hn,is"he
the-Custuivr ,on bella If of S2lCl GOilipay,He(!Sile))IS5,pq{v:,+- !;Y ICnav/in iG 1-le.
4 t(�IIJL 1 I =Fa �1 v L
L ; a p 021ri ,Z
A G�O
ks�I t�
8°t 1b PfMFS Iti II43Pr�� 1?
1projga
STATE OF FLORIDA
couwry OF
The foregoing Instrument was aclei owledged before f-ne this _i v L d8y of �
b _.� 1 t Ct.=�t a� ? i�ir\> � who is the
�('�`I V.=3 �.�1�+r fig ry f�s� ( 1 t��!_'•c� 1=1.,- �. `7 t...,�'i � .
Project F-ng leer,on beharm sand aroSitpany,1 }'� pL'fSoil2IPy f31 mrn 0 i712. �
SIgnature of Nota";
Printed Name of ida>as�
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"A
j` ilnv cs��iviissa s� OGOV882
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Page 10 of'g'I
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List of Dthiblts:
Attached NA
—� ��
| �| 11 A Quitclaim Assignment(including legal description)
F—1
| ! 8 Palm Breezes and Sunoy|andFarms 0d8inu|SuppivAgreement
_� ��
| x | | ( C joint Notice Document ExecuUon—EKC Credit Allocation: Centex,
Homes and 3unny|andFarms, LL[
| _ | [—1 D Capacity Reduction OptionVVorkyhee-t �
E Utilities Assignment K8xy 1� ZOO5 �
' ' �
| ' | [—� F Annexation Agreement
L�J L_J '
|
!
�
/
|
|
!
|
�
Page 11of11