HomeMy WebLinkAboutUTILITY SERVICE AGREEMENTI
411
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EDWIN � MUJ
%TjH CIE CXV
SAINT I Y�E CIRCUIT COURT
FILE # 31M599 09128JdG07 9A03:43 PM
Prepared by and return to: OR BOOK 2886 PAGE'1002 - 1008 Doa Type: AGR
Port St. Lucie Utility Systems Dept. RECORDING: $61.00
900 SE Ogden Lane
Port St. Lucie, FL 34983
Utility File 4 11.956-00
CITY OF PORT ST. LUTE UTILITY SYSTEMS DEPARTMENT
AGREEMENT/PER UTILITY SERVICE MIT
Project Name: Allied New Technologies AccoLt Name: Allie'd New Technologies
Ser ice Address. 9545 Range Line Road
Mail
Attachments Required:
X Exhibit A Legal Description
X Exhibit B Special Conditions
T Exhibit C Non -Resident Request for 1
X Exhibit D Connection Fee Worksheet
UTILITY will provide water service upon
and compliance with the Terms and Condition
I have read and acknowledge receip
below:
Jim Palmer, President --.CEO
Permittee Representative's Name and Title
ing Address, 3901 NW 115 Avenue
Miami, FL 33178
)ayment of the applicable connection charges
set forth in Exhibit B of this Agreement,
of this Agreement/ Permit by signature
JPer it ee Representative's Signature
er it ee ' re oneiW�aIrRrichsm-Tex Supply Corp.
September 24, 2007
Date Executed:
STATE OF FLORIDA
COUNTY OF DADS
The foregoing instrument was acknowledgdd before me this 24 day of __P�terillber_, 200_7
by Jim Palmer' of Allied
Said person IRIS personally known to me, or 0 produced tither identification, to wit TJ
Signature I
Print Name Zllarmod
Notary Public ec, on DD 3595 3 8
NOV. 14, 2008
3,)nded Thru
Utility File #11-956-00
EXHIBIT -A
LEGAL DESCRIPTION
Project Name: Allied New Technologies
PARCEL Parcel ID #: 4201; 111-0001-000/7
Beginning 1400.17 feet South from the Northeast corner and along the East line
of Section 1, Township 37 South, Range 38 East, St. Lucie County, Florida;
Thence run South 00c,00'54" 'Nest al distance of 507.81 feet; Thence run North
89058130" West, a distance of 696.6-8 feet; thence run North 001101'30" West, a
distance of 1210.91 feet; to the Southerly right-of-way of Florida East Coast
Railroad; thence run North 44046'36" East along the said Southerly right-of-way
a distance of 660.00 feet; thence,run South 00O00'54" West, a distance of
937.46 feet; thence run South 44046'00" West, a distance of 330.01 feet;
thence run South 891,59'06" East.1 a distance of 464.67 feet to the Point of
Beginning on the East line of Section 1, Township 37 South, Range 38 East, St.
Lucie County, Florida, and containl' g 17.5 acres, more or less.
Together with:
PARCEL 2 Parcel ID #: 4201-111-0001-010/0
1
Beginning at the Northeast corneIr of Section 1, Township 37 South, Range 38
East, St. Lucie County, Florida; I thence run South 00000' 54" West, along the
East line of said Section 1, a distance of 1400.17 feet; thence run North
89059'06" West, a distance of 464.67 feet; thence run North 440.46'00" East, a
distance of 330-01 feet; thence run North 00000'54" East, a distance of 937.46
feet to the Southerly right-of-wlay of the Florida East Coast Railroad; thence
run North 44046'00" East, along the said Southerly right-of-way, a distance of
329.97 feet, to the East line of Section 36, Township 36 South, Range 38 East;
St. Lucie County, Florida; thenc6 run South 00009'38" East, along the said East
line of Section 36, a distance of 5.98 feet, to the Point of Beginning; All lying
and being in Section 36, Township 36 South, Range 38 East and Section 1,
Township 37 South, Range 38 East, St. Lucie County, Florida and containing
7.50 acres, more or less.
IUtility File #51.,955:00
EXHIBIT B
TERMS AND CONDITIONS
PROJECT: Allied New Technologies
The following Special Conditions set forth in this Exhibit are mutually agreed to by
the Applicant/Permittee, Chem -Tex Supply Corp., and its affiliates, assigns,
lessees and transferees, hereinafter referred to as "Permittee", and the City of
Port St. Lucie, hereinafter referred to as "City
1. Upon execution of this agreement, the Permittee hereby covenants and.
warrants that they own the property identified in Exhibit "A" attached hereto and
incorporated by reference herein, or that they are a duly authorized officer of the
company owning said property, and that as such owner or officer, they have the
right to execute said agreement.
2. The conditions set forth in this agreement shall be binding on Permittee and
all of its successors and assigns.
3. All City codes governing the Utility Systems Department shall apply.
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4. All water and wastewater infrastructure approved for construction shall be in
accordance with the Utility Systems Department's technical specifications and
construction standards. I
5. Upon execution of this agreement and payment of the fees calculated and
set forth ,on the Connection Fee Worksheet''Iattached hereto as Exhibit D and
incorporated herein, the Permittee shall reserve the equivalent of 250,000 gallons
per day of water service.
6. Parties acknowledge that in order to serve the subject property, City, shall
construct approximately 13,790 linear feet of 16" water main that will be extended
from the City's existing system terminus on lodes Cut -Off Road south to Range
Line Road, then south along Range Line Road, to the intersection of the future
Crosstown Parkway, and then east along the southern right-of-way line of the
future Crosstown Parkway. Parties further acknowledge documents prepared by
Culpepper & Terpening, Inc. reflect an estimated cost of $2,291,020.00 to
construct the subject improvements.
7. Permittee acknowledges that its share of the subject off -site potable water
improvements shall be 14% of the final project costs. Upon execution of this
agreement, Permittee shall pay to the City the Permittee's 14% share of the
$2,291.020.00 cost estimate as set forth on the Connection Fee Worksheet
attached hereto as Exhibit D and incorporated herein.
8. Upon the completion of construction of the off -site potable water
improvements and certification of same by the Florida Department of
Environmental Protection, an analysis of the final project costs will be performed
I� Utility File #11.956.00
by the City. If the final project costs exceed the estimated costs, Permittee shall
pay 14% of any excess costs within thirty (30) days written notice that they are
due. In the same manner, if the final project costs are less than the estimated
costs, City will reimburse Permittee any monies it may have paid in excess of its
14% share of the final project costs.
i
9. The on -site potable water meter shall delineate Permittee's point of water
service.
10. Permittee acknowledges laboratory I analytical results from groundwater
sampling performed in conjunction with a Revised Remedial Action Plan issued by
the Florida Department of Environmental Protection on May 17, 2007 indicate the
existence of arsenic, fluoride and chloride contaminations on Permittee's property.
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Permittee agrees to hold the City harmie'ss with regard to any environmental
issues, health hazards, regulatory cleanup requirements, City property damage, or
penalties resulting from all soil contaminants that have occurred, or may occur in
the future, as a result of Permittee`s business operations on the subject property.
11. The Permittee shall fully execute an;d provide the City a complete and
correct Utility Turnover Package prior to certification of any water and wastewater
improvements through pertinent regulatory I agencies, and prior to placing the
proposed improvements into service.
13. The ton -Resident Request of Serviced attached hereto and incorporated
herein as Exhibit "C", shall be binding to this agreement.
14. Parties acknowledge that amendments to this agreement may be required
based on City's final approval of related off -site and on -site construction plans.
15. Parties agree that in the unlikely event) Permittee would request to cancel
this agreement prior to connection of the water meter, the City would, upon
written request from Permittee, agree to refund the following monies to Permittee:
a) 1,000 ERCs of Water Plant Capacity) Reserved at $885,000.00
i
b) 1,000 ERCs of Water line Charge atl,, $500,000
c) Unearned Guaranteed Revenue (calculated from the first of the month
following the agreement cancellation date through the end of that
calendar year)
After connection of the water meter, any refunds shall be in accordance with the
Port St. Lucie City Code in effect at the time this agreement is executed,
specifically including Section 63.07. Any request for a refund should be made
prior to Permittee selling or transferring the subject property to a new owner. A
request made subsequent to selling or transferring the property to a new owner,
will be subject to approval of the new owner.
Utility File #17..956.00
EXHIBIT C
NON-RESIDENT REQUEST FOR SERVICE
The undersigned does hereby apply tp 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", attached
hereto and made a part hereof. i
The undersigned understands that , the provision of the water and/or
wastewater service to the Property shall be (contingent upon the ability of the City
to supply the demand requested. The undersigned also understands that it has a
choice to either (a) pay a 2,5°/o surcharge ov�r the rate charged to residents of the
City, or (b) agree to be annexed by the City should it determine to do so,
I
As consideration for the application Ito receive water and/or wastewater
service to the Property as set forth herein, the undersigned hereby elects one of
the following.
I
❑ (1) To pay a surcharge in the amount of twenty-five percent (250/0) of the
rate paid by residents of the City for the same or similar water and/or wastewater
service, as authorized by Section 180.191, Floiida Statutes.
❑ (ii) To be voluntarily annexed into the City upon determination by the"
City to do so. The undersigned understands arid agrees that this document shall
be considered a written approval for annexation of the Property in the event that
an area, including the Property, is proposed for annexation.
The undersigned further agrees that the foregoing shall run with the land
and be binding upon its heirs, successors or assigns, and that this document may
be recorded in the Public Records of St. Lurie 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
rSpresentative, has hereunto set its
2007.
Witnesses #1,
j�2
Print Name:
-
Print Name:
Utility File #11.956.00
.
undersigned, or its duly authorized
hand and seal this 01 day of
�Prourty Owner's Signature:
1.111em-Tex Supply Corp.
Jim Palmer, President - CEO
Print Name and Title
\
�
\
�
STATE OF
FLORIDA
�
COUNTY OF
DADEThe
foregoing
instrument
was acknowledbed before me
this 24 day of
September
200---7-1 by
Jim Palmer �
I as
Said person
(check one) xr--,k
Is personally known to me,
or 0 prod
as identifiLation.
Seal
Signature
Printed Name
Couirnhslon
`Bonded Thru
aunvuvBanding Co,, Inc.
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Utility File #11.956-00
EXHIBIT Q
FEE WdRKSHEET
Project Name. Allied New Technologies
Unit Price
Quantity
Definer
Amount
Water; 1.
Plant Capacity Reserved-.
i
1$885.00 x
l000
ERCs
$885,000.00
Irrigation Capacity Reserved
j$885.00 X
0
ERCs
n/a
2.
Une Charge:
3500.00 x
1000
ERCs
$500,000.00
3.
Meter Installation Fee:
n/a
4.
Guaranteed Revenue
$7.05 x 5months x
1000
ERCs
$35,250.00
MISQ: 5.
Agreement Recording Fees
7
Pages
$69.50
6.
Permittee's 14% share of the estimated off -site potable
4
Pages
$320,742,80
water improvements
Total Due Upon Execution $1,741,062.30
For Of fine Use Only.,
Receipw Date Paid:., q Received By:
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