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
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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
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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
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