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HomeMy WebLinkAbout0512-0637 COMMERCIAL SERVICE AGREEMENT - PERMIT TO CONNECTPrepared 5y and return to: File # 11,903.00 Pork Sty, Lurie Utility Systems Deist, 900 SE Ogden Lane Port St. Lucie, FL 34983 CITY OF PORT ST. LUCIE UTILITY SYSTEMS DEPARTMENT COMMERCIAL SERVICE AGREEMENT / PERMIT TO CONNECT Project Name: Indian River National Bank P Bu5lness Park Dr, Service Requested: Water X Irrigation _ Sewer X Attachments Required: x Exhibit A Legal Description (X Exhibit B Speclal Conditions X - Exhibit C Special Conditions r 11:L4WT Account Narne: Majesty Florida, LP Service Address: 8351 — 8355 South U.S. 1 Port St. Lucie, Florida Mailing Address:.13475 Lakefront Dr. Earth City, MO 63045 UTILITY will provide water and/or wastewater service upon payment or the appilcaple connectlon charges and compilance with the Terms and Conditions listed on the back of this Agreement/Permit, The Utility Policies provide for a water and/or waste. water plant capacity allocation of two hundred and fifty (250) gallons of water per day (gpd) per equivalent reside,titiel connertior. (ERC). The Utility will not be obhgatpd to provide capacity or service in excess of that allocation and may require consumers to cur- tail use, whlch exceeds such allocated capacity. Upon execution of thi., agreement, the Permittee reserves 2.6 ERCs for vveiter service, 8 ERCs for Irrigation and 2.8 ERC9 for wastewater service as calculated arc set forth on the Connection Fee Worksheet attached hereto. Terms and Conditions Regarding Water and Wastewater service, adapted by the City Council of the City of Port St. Lucie, are listed on page two of this Agreement/Permit. Y have read aria acknowledge receipt of this Agreement/ Permit by signature below: Permittee's WlteJ Narrre Perrnittee's igsature _ is by c5.— Date Executed: STATE OF F60,oA COUNTY OF _Tmn: The foregoing instrument was acknowledged before rile this 1'f ' day of _ k6cw _ , 200 , by -.....'3"o�N l�+e,►�e.� — of �Q:�k��..�rnap�aN Q.`� !4' _;��al,d�,y. Said person,�,is personally known to me, or L" produced other identification, to wit: ,� ry ti4 a. C. FOWLM Mt' CMjMtSSION 0 00 49511E EXPIRM octob®r 24,209 ^� ��.` WnaedSlr�rJOWYr�mlioUn�rNrkrte S°gnature Print Name No'ary Puolic Project Name; Indian River National Bank File # 11,903.00 @•Business Park Dr. !UTILITY SERVICE AVAILABILITYAND EXTEMON RULES 1. 51 Water andlor wastewater service capar try, ey be furm;lied only after a signed COMMERCIAL SM4CC AGREEMENT / PERMIT `() CONNECT and pay- ment of the applicable water and wastewatercapital Cna-ges, Inspection Fees, and a!I other fees and enargcs are accepted bythe City. Tho Coll Jfhonscfsudi agrectnenL / permit are binding upon the rtisto'lner as well as upur, the City. A copy of the agrptinlo ill / permit for water inc wasev ate" servlCeS aCccptcd by the City will be furnlehed to lira applicant 'Tie applicant shnll fornlsh to the City Lhe :urrcct name and 5rr-t••.r addleSs at wNdi water and wastewater eeNlreti IS:o be rendered. 2. Ter.•n Of Permlts (A) Each water and wastewater permit shall be vaild for a period of 12 months frum the date of issuance and the validity thereof may be extended for :hree addl- t;opal successlve periods by payment bf eny aaplieahle guaranteed revenue charge ror each'..2 month extension, provided any such fee must be paid here said permit expires, If tle sale permit expires, the right to any Ovate, and/or wasrrewater scrvlcc capacity for :he use of whlCh a buildatg pwrnit has not. been Issued (or!' Issued, has exoiroci) shall terminate 'rile permlttea may reapply for said unused serilce capacity and receive a n•edit fr..t' any water and; er wastewater capita charges previously plaid upon• issuance of a new permit. Any perr:lr may be revoked by the City for violation of or nonr-ompi,ance with provisions orsaLd permit, nistAke of fact, er nllstake or raw. All capital charges eaid shall, upon !s,uanre of the perrnit diererore, be non-refurdable unless the Ctty detcrmines that a hardship to the poritllttse exists and the City and the pennitee rnutually agree that, for good reason, the permit ae CA. n- ceied and ?II water and/or wastewatercapital charg65 be refunded; provided, that. no Dermltiee may be 8nutled to any interest on any such Charcios pair, to the city, whetted refunded or not 16) If the pemvttee Is unable to use all or any portion of the water and/or wastewater, service capacity at mated pursuantto time permit, the permittee may, prlor ic• the termination of the r lgnt to said eapaclLy, request in writing to sell Such surplus capacity hack to the City. The City steal I buy such surplus capacity brick from the permittee at the rate per ERC originally Dald by the permittecTor Said service raparlty The City rnay defer the purchase thereof tin9l it has Identified anodhNr qualiriecl customer or customers ready, willing, and able to pay the cagmsi charges fOr and to uqe the surplus Captcity being rey_'dsed by the permii:tee. 3, j lMltat;ons Of use water and/or wastewater services sliall be vtReu by the customer only for the purposes spoclned in the application for a water and/or wastewater permlt. Thecustomer shall not sell or otherwlse dispose cf such utility service. In no case shall a customer, except with the wrilten mri-ent cf the City, extend uUi'Ues across the strree, alley, lane, court, property line, avenue, or* other public Uloroughrars or right-of-way in order tot'urnlsn wotcr andlor wastewater service for aoiacenl propeti even though.=.urh acijacent properys owned by the. same customer 4. ll=banzed (ptingrl or rJse No person, without prior written rvnsent of I•he rity, shall tap any pipe or main belonging to the (lty wthout authorization. Connec'.ions ro':ha city li water and wastewater system Mr any purpose whatsoever are to be matte only as duthedzed by the dry. It,, race- of any unauthorized Interconnection, extension, re-raetpFlna, sale or disposition or the city water and/or wagtewate• Service, the uaer"s Weer Md/or wastewater service shall he subject to c;isContinuances until such Unauthorized Use or d:5posltlen Is di3corr netted and full payment Is made for such wrvice, calculated oil proper Jasslrr_atbn and rate SChedules, and reimbursement In full made for any extra expetvaas incurred vs the remirr of surh unauthorized usa, Including agmlnit :.ral'Iva vests, testing, Inspectlo% aid Court CoSts, In addition, unauther;lted use may result In appropriate criminal pro%ecition. 3. AGCOM m—lses As a condition to granting of a water endior wastawater liPmttt, the user shall grant to the City or Its authorized agents or empiovees access to user's pro,)ery during all reawnable hours and, in event of an emergency, at anytime, for die purposes of maintaining, Inspecting, ropairing, Installing or removing the City's wager and wastowalar system property, and ror any other purposes Incident to performance under or terminatlon of any acireenient with a loser or such users predecessor. 6, tnsDadlor Of Aenl;cbg!LJn I atl n Thw. Clty reserves the right to Inspect anc approve any appllranVs instaliatign prior to ProYidMC servicc a ru from time to Limp thereafter b-, ensure compliance with applicable laws, resolutions, trod rules and regulatlons affecting .-RUCh installation, The applicant shall payfnr such hnspeol;on in accordarim with Cltl practices. Toe anpll- cant shall ba responsible for the cost of Itnaking Clarges or repairs resulting from ally ullbuthorized alteration, and/or unacceptable constnirrlor, 7. Protedlon Of Chy ergperly. In the event of any damage to uty property located upon applicant's property whltil ar6asi out of any act pf aprdlcilm or agents, empoyees Dr Ind�cr dint contractors upon the premises, the cost of repairs or replacement shall be the r'esponslbl;its df the apnf cant, and full paymen': or reimbursement to the City therefore shah be a condition Imposed for die Continuation of service• 0. 'Jypt=and Malatenance The customer's pipas, apparatus and equipment sFall be selectea, lnstallad, used arct malrtalrlw In ar:drdanre with the standard aracticR and shall conform with the rules and reguiatlons of the City. The City shall not be responsiale for tha maintenance and operatlon of the ctistomoPs pipes and lar !ties. The aL,"Mefertpressly agrees nIn: to utll'iza any appliance or device which is not properly constructed, Controlled and protected, or which may arvorudly afrec:t waterand wastewater CerviCe peoyiidud by the Clti. The City reserves the right to discontinue or withhold water and wastewater service to such apparatus, or device, Sian f..c'unumer InsLallafipn No changes or, Inceeases in the cu9Ldmers Installation, which will materidliy afred I, he. proper operation of the pipes, rriahl5, pr stations o` the City, shall be made without written consent of the City. The i;txtnmer shall be liable Mr any cnange resulthq from a vlolation of lnis rule. 10, FdisCi d-A74R]ghh%-Of-Wav As a promcluislLe to the censtructlon of any faculties proposed fu be connecteci to the C!ry'E water and wastewater,ystem, the aDPI0111: shall acree to grant such ease:hments or dghls-of-way corresponding with the Installation ur ;he proposed ficll ties, such grant or conveyance shall be in :he form sal:10-hCtory to the City. 1t. Jnsneclon The CILy's tepreseritalive shall ham the rialntto Inspect Lne Installation of all farllitias which are proposed to be trarsfprrcd to City C AM&Ship, operation and CDIA-01, or any other on -rite facilities whether or not trar+sfel'red M the QLy, Such inspcctons are Intended to assure anal Lite collection far,.11ities and(cr JUtri tiLlon fadIlUes are Installed it) accor- dance with approved designs and are further consistent with the criteria and specl`lcations governing the kind and quality of s:rch iNilallatorl. 12. ZNg The Clty's rapsrosPntative shall be present at tasty of comporrent. parts ofthe collodion fadiities and/or distribution fadl!Ges rpr tht purpose of deterrrining r:•iaL Ute rah -!lilies, as constructari, cmfnr'ni Lc Ulf CILy'3 ruL-i anc regulations regal'ding such Lesthig, Suc: i tc;ti wlli be perfnrmed oily under the direct superAs!on of tine engineer of racnrd or atnhorized inspector. Tlie results or such testing shall tm ceitlfled by the engineer or record or authorized inspector. Tne Cky shall he nodfled at irJA Qlrve working days w1o•to,ai)y insoedirrlsor testing perrormed In accordance with these regulations. Wo!idng days shall Ne Mcndiy through Friday, excluding holidays. 13. Iran,rArOf Cont•lbuted Property: rids nf..aa!e Cach applicant who has constructed facilities on the app icant's property prior to Interconnecton with 'he NiSfing facilities shall Convey such component renlftleu a9 deemed appropriate by dire rity to anc CiLy lay Lit!] of Sala or other appropriate docurnenCl t in a form WISIP ary to tie City. Such transfers cf Litic via Dill of sale to the City shall be froe of all liens and encumbratiCOS, The City shall not accept and the applicar: shall not transfer any iaciaics In tho category of consumer i•nes, plumber' line, or consumer's installation tacatea on the property owrer'.g side of the poln:of delivery of service. a^ugh facllltles shall rerna:n the malntenanrn Iespoisipulty Of tTeappllrartt ne ,td)ge- gUent USer. Theappllcant.;hall malntain aciAlrate costrac'ords, establishing a construction Cost of all waLcrand/or wastewater facilities and such coatinronnation-nailb: furnisflod Lo due City concultently with t.,ie b!.l of sale. The Clty may refuse Co•inection anu deny tie commencement of Service to any applic3nt Reeking to he connector tr., porLiom cf the facilities In - ."lied h'i the appilcanl• until such flme as provlSlons of this scLUon have been fully mat by the appllcant, or the applicant'= SUC6r55er; or desgns, 14, Water e,•( Wastawatrtr Capital c!Mv4 The City reserves the right to review and tnon!tot• actual flaws as compared to flows expecied to be generated by die ca!�illated ERC. tattle, and upon which cap;tai c`iarges were calculated and paid m the City. If actual flows exceed expected flaws, the customer shall pr-WiYry pay such additional .apinl crlarges. r mwi'I .rR1Jl.•1n =Iiu11YCCR 1 i`iu 1"nr1 I`IV. • i :'=-)tuIJ 'W W.•i-n I CONNECTION FEE WORKSHEET Project Name,. Indian River Nationai Sank C Business ParK Mlve Fife 4 11,903.00 Unit Price Quftollh Defier Amount Waier: 1 Plant Capacity Reserved: $872.00 x 2.8 CRCs $,441.60 2 Inspection Fees: $250.06, x 'I Rase mspention Fee $250.00 3 Water Review Fees: $100.00 x 9 $100.00 4 Meter installation Fee. 7..300.00 x I 1, meter $200.00 5 Line Charge. 1,482.00 x 2.0 1RCs V.377.00 Wastewater. 6 Plant Capacity Reserved: $1,096.00 x 2.8 F,RCs $3,068.80 7 inspoctlon Fees: $250.00 x 1 ruse Inspection Foe $250,00 8 Wastewater Review Fees. $100.00.x 1 $100.00 9 Grinder Pump naeKage $4,136.00 x 1 6' $4,138.00 10 ;,ine C,huge: $384.00 x 2.8 FR,Cs V;075.20 Northport Wastewater Treatment Plow. Mlsc: 11 Agreement Recording Fees 12 Fa5ement Recording Fees Deousils: 13 Water Deposit(D) Metal Size 14 Sower Doppso(s) Metal' Giza $69, 50 $44.00 $Wt1.00 x 1 '1" $05.00 $775 00 x 1 1' $275,U0 Total Due $13,584.70 RereiiiW: Date Pao: Rntr+ivei! R1__..-- l&, Si;e, g R_0-9 Addread 5otvi ,r 1" 1 2.B 8355 S. U.S. Hwy. + Nater R Wc.slt-water ?-mull • r K 151..1 H CIYU 1 IYCCK 1 I'IU - I'IClf . G I GKJVV Vl • 1"tl I 1 1 1G File ## 11 .903.00 EXHIBIT A LEGAL DESCRIPTION Project-, Indian River National Bank @ Business Park Drive Parcel I.D. #. 3414.501-1810-900/5 PARCEL 1, A PORTION O'F LOTS 10 AND 11, BLOCK 2, SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SHOWN ON MAP OF ST. LUCIE GARDENS SUBDIVISION RECORDED IN PLAT BOOK j•,- PAGE 35, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. I INWI 1 .1 III J-.- LI I -A IILL.I\alto , , ,r i i i•.J. , i c_v�•.. i �.��. � ....� � � �..�� �� � •. .. —� FILE 0: 11,903.00 EXHIBIT .B SPECIAL CONDITIONS PROJECT NAME: Indian River National Bank CO Business Park Drive The following Special Conditions set forth in this Exhibit are mutually agreed to by the Applicant/Permittee, Roy Schacht, hereinafter referred to as "Majesty Florida Limited Partnership", and the City of Port St. Lucie, hereinafter referred to as "City 1. All City codes governing the Utility Systems Department shall apply. 2. All water and/or wastewater infrastructure approved 'for construction shall be in accordance with the Utility Systems Dopartment's technical specifications and construction standards. 3. The subject wastewater, collection system will be owned and, maintained by the City of Port St, Lucie Utility Systems Department, 4. Majesty Florida Limited Partnership shall pay upon demand water / wastewater capital charges, line charges or any additional plant capacity reservations, should the Intended usage change and/or exceed the current / projected consumption. 5. Majesty Florida Limited Partnership has requested a plant rapacity rating of 2.8 ERC(s) for water and wastewater, The plant capacity rating of 2.8 ERC(s) is approved, however, pursuant to City Code, the usage will be monitored and additional capacity fees will be due if 'the rating must be increased, If flows. are significant enough to warrant a redesign or replacement of any facilities including the grinder station, the then utility customer will be responsible for the full cost of the design and replacement of the impacted facility, pipeline or grinder station. 5. Majesty Florida l-imitod Partnership shall fully execute and provide to the Department a complete and correct Utility Turnover Package prior to certification of the water and/or wastewater lm,provements 5 r RUI'I •rIC1Jl.t1"i CI`ilit lYCCfi lIYU i nn 11— • i ia. --i •---- - - - - through pertinent regulatory agencies, and prior to placing the proposed improvements into service. 7, All reservations, meter charges, deposits, etc,, shall be paid prior to the issuance of the individual Building Permits. S. Prior to the City's acceptance and/or certification of th8 water - and/or wastewater improvements through pertinent regulatory agencies, Majesty Florida Limited Partnership shall grant, or cause to be granted, Specific Utility Easements dedicated to the City for all facilities and appurtenances, transferred to the City for ownership and maintenance, located on the Permittee's property, 6 File # 11.903,00 EXHIBIT C NON-RESIDENT REQUEST FOR SE_RVTCE The undersigned does hereby apply to the City of Port St. Lucie, Florida (the "City"), for water and/or wastewater service to be extended outside the City limits to the undersigned's property (the "Property") described in Exhibit "A", at:tarhed hereto and made a part hereof, The mailing address of the above -described property is as follows: Indian River Hank @ Business Park Drive. 8351 South US Highway 1 Port St, Lucie, FL 34952 The undersigned understands that tho provision of the water an.d/or wastewater service to the Property shall be contingent upon the ability of the City to supply the dernand requested without in any way interfering with the water and/or wastewater service now being provided by the City for residents of the City. The undezrsigncrd a°so . understands that it has a choice to either (a) pay a 2511/0 surcharge over the rate charged to residents of the City, or (b) agree to be annexed by the City should it determine to do so. As consideration for the application to receive water and/or wastewater service to the Property as set forth herein, the undersigned hereby elects one of the following: I/(i) To pay a surcharge In the amount of twenty-five percent (25%) of the rate paid by residents of the City for the same or similar water and/or wastewater service, as authorized by Section 1.80,191, Florida Statutes, D (11) To be voluntarily annexed into the City upon determination by the City to do so. The undersigned understands and agrees that this document snail be considered a written approval for annexation of the Property in the event that an area, inciuding the Property, is proposed for annexation, Also, In consideration for receiving water and/or wastewater service,. the undersigned hereby agrees that the undersigned, and the Property, shall be bound by IN r-Ku9 .r'm1O1-LH CI1IUiNr-=1.11'Il7,1^ rnr. iiu. . r,aj"u177U - Iici c.1 arsc:..J va. a,�111 1 a+ all applicable rules, regulations, resolutions and ordinances approved or enacted by the City with regard to utility services, The undersigned further agrees that the foregoing shall run with the land and be binding upon its heirs, successors or assigns, and thar. this document may be recorded In the Public Records of St, Lucie County, Florida, for the purpose of serving as notice of the terms of this Agreement upon its heirs, successors or assigns. IN WITNESS WHEREOF, the undersigned, or its duly authorized representative, has hereunto set its hand and seal this � day of t4jiWA.,_.—, 200_. WITNESSES: Print Name; __••'"�1�'+_..,_ STATE OF Fiasgpa COUNTY OF T,.,,a(' (Fir' In ,! Kure hlnr.K sa�nr, as .Service Agreement) Print Name: -,'oHt-' l�U6 j�'f•tQ C(;.�ntt?>r,•��t �vt 1 ns,�4 i;iot KAA1W14'1 ,i+tl 4h 15 The foregoing instrument was acknowledged before me this day of _10 20072, by Ob1Ai 1'�E'j162 AS l�Np�i'(i.......✓SNNp.51...I�. •NQllil�.r+?%QC-M'jVic. of Said person/s f syi are personally known to rne, or G produced other identification, to-- ,v;+y 8, C. FO"R MY CbMMISSION d DO 415116 nIRENunMa " R1�1 amoetaPMkMrc Signature Print Name Notary Public 8 r Mull •r M L 'DI- k rl mriu I iic:=, A 14U INDTANRiviaz N.KrIOINAi, B.(\.'qK 0066178 Ver(j Soa h, Fincida 92961-1030 ACC,:)I.JNT NUMBER WE F-XPF-NsF- CHECK 141033 Thirteen thousand.Give hundred oight',/ foii;v & 70/100 (101-lar$ AMOUN I' $12,584.70 r . PORT ST LUC12 TJTTLIT� DEPT.PSYST�:MS0 ME 90:0 qn-i OGDEN LANE nn '-.'s LUCT 5, FL 34983 - /ALI p ZEDSIOMIATUR -