HomeMy WebLinkAboutAMENDED & RESTATED UTILITY SERVICEt
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Prepared By and return to:
Port St. Lucie Utility Systems Dept.
900 SE Ogden Lane, Port St. Lucie, FL 34983
- AMENDED AND
Project Name: Savanna Club Race Trac
Property Owner &
Principal Address:
Contact Name:
Attachments:
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Race Trac Petroleum, Inc.
3225 Cumberland Blvd., Ste #100
Atlanta, GA 30339
Brian Thornton
VP of Real Estate & Engineering
Exhibit A — Legal Description
Exhibit B — Property Map
THIS UTILITY SERVICE AGREEMENT ("
ST. LUCIE, a Florida Municipal Corporation
Profit Corporation ("APPLICANT').
REEF/�,`D AP
Service Address: 8630 S. U.S. Highway i
Port St. Lucie, Florida 34952
Billing Address: Race Trac Petroleum, Inc.
3225 Cumberland Blvd., Ste #100
Atlanta, GA 30339
Contact Phone No.: 770-431-7600
.'I is made by and between the CITY OF PORT
and Race Trac Petroleum, Inc., a Foreign
WHEREAS, the CITY owns, operates and maintains public water and wastewater utility systems
through the City Council's establishment and creation of the Port St. Lucie Utility Systems Department
("PSLUSD'); and
WHEREAS, the APPLICANT is the record fee simple owner of certain lands (the "Property's located
within CITY'S utility service area in St. Lucie County, Florida, the legal description of which together with a
Property Map are attached hereto and incorporated herein as Exhibit (s) noted above; and
WHEREAS, the APPLICANT'S Property is planned to be developed for use as a Gas Station, which is
identified as Savanna Club Race Trac ("Project'; and
WHEREAS, the APPLICANT and/or its predecessors) in interest have previously entered into utility
service agreements for the procurement of water, wastewater and/or irrigation services from the CITY for the
Project that continues to be developed on the Prop Irty; and
WHEREAS, APPLICANT and/or APPLICANT'S predecessor in interest purchased and reserved water
and wastewater plant capacity for the development of the Project on the Property and the surrounding lands
by virtue of the following agreements, contracts, invoices and documents:
1. St. Lucie County Agreement executed on December 21, 1993; and
WHEREAS, the APPLICANT desires to reserve additional water and/or wastewater treatment plant
capacity, and
Page 1 of 12 5191/041015
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WHEREAS, the parties desire to enter into this Agreement, which Agreement amends and restates
any and all known, unknown, recorded, and unrecorded prior agreements, contracts, arrangements and
understandings, including all of those listed hereinabove, and shall control all future obligations and
enforcement with regard thereto, by and between the APPLICANT, APPLICANT'S predecessor(s) in interest,
and the CITY regarding CiTY'S'supply of utility services to APPLICANT for APPLICANT'S Property and Project.
WITN ESSETH
NOW THEREFORE, in consideration of the foregoing premises, the undertakings and mutual
agreements herein contained and assumed, and other good and valuable consideration, the parties hereby
covenant and agree as follows:
1. Recitals — The foregoing recitations are true and correct and are incorporated herein by reference.
2. Project — The APPLICANT shall accept and use CTTY'S utility services by connecting to CrMS existing
water distribution and/or wastewater collection lines, which the APPLICANT, its Engineer of Record ("EOR'D,
and CITY have determined are, required to serve the Project. The APPLICANT, at APPLICANT'S sole cost and
expense, shall design, construct and install all necessary water distribution and/or wastewater collection lines
and systems ("Utility Facilities'D over, through, under, and across the Property and any other lands required
for off -site improvements in accordance with the plans, specifications and engineering data submitted by the
FOR and approved by the appropriate governmental regulatory agencies and PSLUSD.
3. Compliance with Applicable Laws, Codes, Regulations and Policies — The APPLICANT shall
abide by and be in compliance with any and all rules and requirements of the regulatory agencies that have
jurisdiction over the subject matter of this Agreement as well as all applicable federal and state laws,
regulations, and CITY ordinances and other policies. In addition, the parties agree that the policies,
ordinances, rules and regulations that are adopted by the CITY pursuant to general law, as same may be
amended from time to time, shall have the full force and effect of law, which shall govern the legal
relationship between the APPLICANT and CITY with respect to each party's obligations, including but not
limited to CIIY'S supply, distribution and delivery of utility services to the Property for APPLICANT'S Project,
under the terms and conditions of this Agreement. In addition, the work to be performed by APPLICANT, at
APPLICANT'S sole cost and expense, as required for the fumishing of utility service to the Property, which may
include but shall not be limited ''to the installation of water mains, fire hydrants, gravity flow mains, force
mains, pump stations, lift stations, interceptors, and other utility facilities, shall be performed in accordance
with the policies, technical specifications and construction standards of PSLUSD.
4. Water and/or Wastewater Treatment Plant Capacity - The term Equivalent Residential
Connection ("ERC'D, referred to in this Agreement and in the applicable codes, rules, standards and
regulations of the CITY and PSLUSD, is the unit of measure used to reserve water and/or wastewater
treatment plant capacity based on an expected average daily flow. The average daily flow of one ERC shall be
Page 2 of 12 5191/041015
250 gallons per day of potable water usage and up t
The CITY shall reserve for APPLICANT ERCs of water
capacity/service upon the receipt .of all sums due and
Agreement's execution by all parties hereto. If and w
APPLICANT shall pay to the CITY the applicable wat
plant capacity charges, and water and/or wastewate
amended from time to time.
S. Previously Reserved and/or Allocated
250 gallons per day of usage for wastewater service.
ant capacity/service and/or ERCs of wastewater plant
wing to the CITY pursuant to this Agreement and the
:n APPLICANT reserves any amount of ERCs then the
and/or wastewater capital charges, which consist of
line charges, at the rates in effect when due and as
for the Property — The amount of ERCs reserved
and/or allocated to service a particular property or establishment runs with the land. When title to real
property that is located within the CITY'S utility service area is transferred, sold, .or otherwise conveyed, the
quantity of ERCs that are reserved, allocated and/or connected for that particular property are also
transferred. Accordingly, the parties agree that the total amount of previously reserved ERCs for the Property
for water plant capacity/service and for wastewater plant capacity/service is shown below.
6. Modifications to Reserved ERCs — Underj this Agreement the APPLICANT desires to modify the
quantity of the reserved ERCs and/or Line Charges.) Therefore, total amount of ERCs and/or Line Charges
reserved and/or allocated for the Property, including any previously reserved, if applicable, is as follows:
I
ERCs
CAPITAL CHARGES
RATE
7.4
Water Treatment Plant Capacityl
$
1,257.00
per ERC
7.4
Water Line Charge l
$
535..00
per ERC
8.4
Wastewater Treatment Plant Capacity
$
2,131.00
per ERC
8.4
Wastewater Line Charge l
$
197.00
per ERC
TREATMENT PLANT CAPACITY
Water
Wastewater
Other
ERCs Previously Reserved
1.0.
0.0
0.0
ERCs Modification Under this Agreement
7.4
8.4
0.0
TOTAL ERCs RESERVED I
8.4
8.4
0.0
e
LINE CHARGES
Water
Wastewater
Other
Line Charges Previously Paid
1.0
0.0
0.0
Line Charges Modified Under this Agreement
7.4
8.4
0.0
TOTAL LINE CHARGES PAID
8.4
8.4
0.0
I
The parties agree that any subsequent future requests for modifications to the quantity of reserved ERCs
and/or Line Charges shall be handled administratively by the City of Port St. Lucie Utility Systems Department
pursuant to the Department's procedures and processes, and APPLICANT agrees to be bound thereto by the
Department's final decision.
i
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7. Additional Usage — The CIlY has the right to review and monitor APPLICANT'S actual usage of the
water and/or wastewater services. APPLICANT agrees that after 6 months of using and being connected to the
CITY's utility services, the CM may perform such an audit of APPLICANT'S actual flows, as compared to the
flows expected to be generated by the amount of ERCs reserved and allocated by APPLICANT for its Project. If
APPLICANT'S actual usage exceeds the expected flows based on APPLICANT'S reserved ERCs under this
Agreement, then APPLICANT shall be required to (i) promptly pay the applicable, additional water' and/or
wastewater plant capacity charges, fine charges, and administrative fees within 20 days of receiving written
notice from CITY of such additional usage, and (ii) execute an amendment to this Agreement to reserve the
additional amount of water and/or wastewater ERCs, that CITY will determine to be sufficient to cover the
excess usage. Further, if the actual, future water and/or wastewater flows increase enough to warrant a
redesign or replacement of any water and/or wastewater Utility Facilities serving the Property, including but
not limited to a wastewater pumping station, then APPLICANT or APPLICANT'S successors in interest or
assigns, shall be responsible for any and all costs and expenses associated with the design and replacement of
said Utility Facilities.
B. Guaranteed Revenue Annual guaranteed revenue fees, pursuant to Section 61.15 of CITY'S Code
of Ordinances, shall be assessed and paid by APPLICANT to CITY for all reserved and unconnected ERCs at the
rates in effect when due, as amended from time to time. Upon APPLICANT'S execution of this Agreement,
APPLICANT shall pay to CITY any guaranteed revenue fees due, based upon the number of months remaining
in the current calendar year that this Agreement is executed by the parties. For each calendar year thereafter,
APPLICANT shall promptly pay, within 30 days of APPLICANT'S receipt of an annual invoice, the guaranteed
revenue fees. However, the CITY shall issue a credit for those ERCs on the invoice for the subsequent year if
any ERCs are connected during a calendar year for which APPLICANT has paid the guaranteed revenue fees.
Further, if any payment of guaranteed revenue fees required by this Agreement is more than 30 days late, the
CITY shall send a Notice of Delinquency to APPLICANT. APPLICANT shall be considered in default of this
Agreement should APPLICANT fail to submit to CITY the required full payment of guaranteed revenue within
30 days of APPLICANT'S receipt of the Notice of Delinquency, and any and all remaining reserved water and/or
wastewater plant capacity, and associated fees paid, shall be forfeited by APPLICANT.
9. Construction Plans — The APPLICANT or its FOR shall furnish to CITY a complete set of design and
construction drawings, plans, specifications, and other necessary engineering data (hereinafter "Construction
Plans') of the proposed Utility Facilities for the Project for review and approval by PSLUSD. The approval by
PSLUSD of APPLICANT'S Construction Plans shall be valid for one year from the date of such approval. If
APPLICANT has commenced construction of the Project but there has been either (i) a cessation of
construction activity where there, has been no documented inspections by CITY for a period of 12 months or
Page 4 of 12 5191/041015
(ii) an expiration of the associated building permit(s), (whichever occurs first, then CITY reserves the right to
require the re -submittal of the Construction Plans and further payment .of applicable review fees upon
APPLICANT'S resubmission of said documents for approval. The work to be performed by APPLICANT for the
furnishing of utility service to the Property for the
regarding such work are approved in writing by PSLL
10. Points of Service - The points of service to
the appropriate Construction Plans, and shall be as
For domestic water service:
The discharge side of the water
For wastewater service:
shall not commence until all Construction Plans
Property for the Project shall be shown and labeled on
The first cleanout upstream of the proposed wastewater pumping station.
11. Maintenance of Utility Facilities on the Property — The APPLICANT shall own, operate, and
maintain, at no cost or expense to the CITY, all Utility Facilities on the APPLICANTS side of the designated
point of service, or that of the future user's, where APPLICANT'S Property and the development constructed
thereon is connected to the CITY'S water and/or wastewater facilities. All pipes, service lines, deanouts,
fixtures, connections, and other necessary equipment on the developed premises and not specifically accepted
by and turned over to CITY'S ownership, which are occupied by the APPLICANT, tenants, ,customers,
consumers or other users of CITY'S utility services for the Property (hereinafter "Project Occupants'J, shall be
kept in good working order and condition at no cost, liability, or responsibility to CITY for their maintenance or
operation.
12. Meters and ERC Allocation — The
charges and deposits that shall be assessed at the
agrees to pay in full, when due, the applicable meter
the APPLICANT connects to the CITY'S water and/or
wastewater facilities. If APPLICANT'S Project requires any water and/or wastewater meter(s) that are larger
than 2 inches, then such large -sized meters shall be furnished and installed at the sole cost and expense of
APPLICANT. The size, allocation, and assignments of meters and/or allocation of APPLICANT'S reserved ERCs
shall be handled administratively by PSLUSD pursuant to its procedures and processes, and APPLICANT agrees
to be bound thereto by PSLUSD'S final decision. Fuher, no meter shall be removed, relocated, bypassed, or
altered in any way or manner whatsoever by anyone except the CITY or CITY'S authorized employee, agent,
consultant or contractor.
13. Easements and Access to the Premises Prior to CITY'S acceptance and/or certification, through
pertinent regulatory agencies, of the Utility Facilities and other improvements constructed for the Project,
APPLICANT shall grant and convey to CITY and itsmccessors and assigns, in a form satisfactory to CITY,
perpetual, exclusive rights, privileges and easements on APPLICANT'S Property and, if required, on lands lying
outside the Property, to access, construct, operate, maintain, repair, replace or expand all water and
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wastewater utility facilities transferred to CITY for ownership and/or maintenance in connection with CrWS
supplying of water and wastewater services to APPLICANT and/or the Project Occupants of the Property.
APPLICANT shall secure from I each mortgagee and lienholder a release of the mortgagee's or lienholder's
interest in the easement and Utility Facilities located within the granted easements. If required by CITY, the
APPLCIANT shall also grant, or cause to be granted, in a form acceptable to CITY, utility easements that shall
be a minimum of 10 feet wide for the length of the Property along all rights -of -way not owned by the CITY.
APPLICANT shall pay any and all costs and expenses associated with the granting of said easements to the
CITY for CITY'S supply of utility services to APPLICANT's Property. Further, APPLICANT shall grant or permit
CITY, its authorized employees, agents and contractors, access to APPLICANT'S Property and any
development upon the Property during all reasonable hours, or any time in the event of an emergency, for the
purposes of maintaining, inspecting, repairing, installing or removing CITY'S utility facilities.
14. Notice — All notices, requests, consents, and other communications required or permitted under this
Agreement shall be in writing land shall be (as elected by the party giving such notice) hand delivered by
messenger or courier service, by regular United States Mail with postage prepaid, or by certified mail, return
receipt requested (Airmail if international), and shall be directed to the following persons and places
designated by the parties:
FOR THE CITY:
FOR THE APPLICANT:
PORT ST. LUCIE UTILITY SYSTEMS DEPARTMENT
RACETRAC PETROLEUM INC
900 S.E. Ogden Lane
3225 Cumberland Blvd., Ste #100
Port St. Lucie, FL 34983
Atlanta, GA 30339
Attn: Jesus A. Merejo, Utility Systems Director
Attention: Brian Thornton
With a copy to:
VP of Real Estate & Engineering
OFFICE OF THE CITY ATTORNEY
CITY OF PORT ST. LUCIE
With a copy to:
121 S.W. Port St. Lucie Boulevard
CT CORPORATION SYSTEM
Port St. Lucie, FL 34984
1200 S. Pine Island Road
Attn: Utilities Attorney
Plantation, Florida 33324
15. As-Built/Record Survey — The APPLICANT, at its sole cost and expense, shall have prepared, by a
Florida registered Surveyor and Mapper, and furnish to the CITY an as -built survey in accordance with the
standards and specifications of PSLUSD. The as -built survey shall be certified and sealed by APPLICANT'S FOR
and require the written approval of PSLUSD prior to the CITY'S acceptance of APPLICANT'S transfer and
conveyance of its Utility Facilities pursuant to the terms of this Agreement. The as -built survey shall show all
pertinent information as to all mains, services and appurtenances belonging to, and affecting the water
distribution, wastewater collection, and other utility lines and systems, constructed to service the Property and
the Project developed thereon. As -built survey shall also be'signed and sealed by a Florida registered surveyor
Page 6 of 12 5191/041015
as to the actual locations of all surface features of the Utility Facilities, easements and rights -of -way which are
part of or adjacent to the Property, and shall include all constructed paving and drainage facilities relating to
said facilities for CITY'S supply of utility services to
16. Turnover of Utility Facilities — Prior to CI
provision of utility services to .the constructed Pro
provide all necessary drawings, reports, affidavits, n
documents identified 1n ' PSLUSD'S checklists for Util
revised or amended from time to time. APPLICANT
> acceptance of APPLICANT'S Utility Facilities and the
improvements, APPLICANT shall fully execute and
se of liens, certifications, bills of sale, and any other
Final Inspection and Utility Acceptance Turnbver, as
ill transfer to CITY by Bill of Sale, all of APPLICANT'S
right, title and interest in and to all of the water and/br wastewater supply lines, mains, pumps, connections,
pipes, meters, valves and equipment installed up to and within granted easements and rights -of -way within
the Property and off -site lands (if applicable) that were constructed and installed for the purpose of supplying
utility services for APPLICANT'S Project. The APPLICANT shall also furnish to CITY an affidavit asserting that all
persons, firms, corporations or other entities who furnished labor, equipment and/or materials used directly or
indirectly in the execution of the work to be performed under this Agreement and for the Project have been
paid. However, in the event of a dispute between APPLICANT and any contractor, subcontractor, or other
person or entity who furnished such labor or
amount that is in dispute and in a form acceptable to
17. Warranty — APPLICANT shall assign to
APPLICANT shall provide CITY with a bond in the
all warranties pertaining to the subject Utility Facilities
and improvements upon the final acceptance and/or certification by PSLUSD and transfer of ownership to CITY
of all such applicable facilities for the supply of utility services to the Property. APPLICANT further agrees that
for a period of one year after said acceptance and transfer, the APPLICANT will correct; upon receipt of written
notice, any deficiencies in the design, materials
improvements. Such repair work undertaken
installation of the Utility Facilities and other subject
nt to this paragraph of the Agreement shall be at the
Applicant's sole cost and expense, and in accordance jwith the standards and specifications of PSLUSD. In the
event CITY, for whatever reason, should have to perf
reimburse the CITY for such work within 30 days of
repairs to correct deficiencies, APPLICANT agrees to
t of a request for payment from the CITY.
i
18. Payment of Fees and Charges — The APPLICANT agrees to submit to CITY full payment of any and
all fees and charges due and owing to the CITY upon APPLICANT'S execution of this Agreement. The total
amount due to CITY is detailed in the Utility Invoice, that has been separately provided to ,APPLICANT, and
which APPLICANT acknowledges the receipt thereof. CITY shall not execute this Agreement until it receives
APPLICANT'S full payment and the processing of the payment is complete.
19. Default — If APPLICANT shall be in default lof any provision of this Agreement, in addition to any
remedy otherwise specifically provided for herein, APPLICANT agrees and acknowledges that CITY shall have
the right to exercise one or more of the following sanctions or penalties:
Page 7 of 12 5191/041015
a. Any remaining reserved but unconnected water and/or wastewater plant capacity, and all fees
paid, may be rescinded and forfeited.
b. No inspections or certification shall be approved by CITY.
c. No Building Permit shall be issued by CITY for any unit or structure developed on the Property.
d. There shall be an interest penalty equal to the maximum rate allowed under Florida law on any
outstanding balance due to CITY from APPLICANT. When applicable, this penalty, unless otherwise
provided for in this Agreement or in the CITY'S Code of Ordinances, as amended from time to time,
shall accrue from the date the payment is due, as stated in the invoice, notice, or bill.
e. The CITY shall be entitled to place a statutory lien against the Property and foreclose the lien in
satisfaction of any payments due and owing to CITY under this Agreement.
f. The CITY shall be entitled to any other remedy at law, and M Y'S failure to seek any remedy
shall not constitute a waiver of said remedy.
20. Disclaimer — Any interruption or temporary cessation in CITY'S supply of utility services to the
Property that is caused by any Act of God, fire, hurricane, windstorm, strike, accident, power failure, necessary
maintenance work, breakdown, collapse, damage to equipment or service lines or mains, civil or military
orders, riots, or other cause or, casualty beyond the control of the CITY shall not constitute a breach of this
Agreement, nor impose liability upon the CITY for any consequences or ramifications experienced by the
APPLICANT, its successors or assigns, or the Project Occupants.
21. Interceptors — If the current or future use of the Property requires the installation, upsizing,
relocation, repair, or replacement of new or existing grease, oil and/or sand interceptors, then said
interceptors shall be sized adequately, based on the requirements and regulations of PSLUSD, to serve the
Project and subject Property, and any establishments located thereon. The design and installation of any
required interceptor shall be ate no cost or expense to the CITY. In addition, the APPLICANT understands and
acknowledges that the construction, installation or relocation of additional interceptors may require the
demolition of the walls and Floor slabs to re -plumb the bays for the interceptors and for obtaining separate
water utility services. The costs, space constraints, or gradient imposed upon APPLICANT shall not be
sufficient cause for CITY'S waiver of requirements concerning the interceptors for the anticipated Project.
22. Control of Cross Connection and Backflow — The parties agree that the public water supply and
systems shall be protected against actual or potential cross connections and backflow by isolating
contamination or pollution that has occurred or may occur within the Property and establishments or
development constructed thereon. No water service connection shall be installed or accepted by the CITY
unless the water utility systems are protected by a backflow prevention assembly of a model and size
approved by PSLUSD. The service of water to APPLICANT'S Property shall be denied or discontinued by CITY if
Page 8 of 12 5191/041015
a
a backflow prevention assembly is not properly installed, tested, and maintained in a properly functioning
condition that meets the satisfaction of PSLUSD.
23. Lift Station Generators — Pursuant to
APPLICANT'S Project plans propose the construction
APPLICANT'S construction plans shall include the p
APPLICANT shall satisfy this requirement by a por
APPLICANT, and the cost for the appropriate generat
63.17 of the CITY'S Code of Ordinances, if
a wastewater pumping station (or lift station), then
ision of an emergency electrical power supply. The
)le generator, the cost of which shall be borne by
shall be paid to CITY upon APPLICANT'S execution of
this Agreement. The portable generator acquired for APPLICANT'S lift station shall be the CITY'S personal
property and incorporated into its generator inventory, which shall be utilized at the discretion of PSLUSD.
i
24. Service Outside City Limits — APPLICANT desires to procure water and/or wastewater services to
its Property which lies outside the limits of the Cityof Port St. Lucie. APPLICANT acknowledges that the
provision of the water/wastewater service to -the Prop erty is contingent upon the ability of the City to supply
the demand requested. The APPLICANT is an existing customer of the Utility Systems located in the
unincorporated portion of the service areas as of September 30, 1994, and the property was connected at
that time to either the water or wastewater systemI , therefore the undersigned is not required to pay a
twenty-five percent (25%) surcharge for the services governed by this AGREEMENT unless the land use or
water use significantly changes.
25. Title - Upon APPLICANT'S execution of this Agreement and at its sole cost and expense, a copy of the
recorded conveyance documents for the purpose of establishing APPLICANT'S ownership of the Property shall
be provided to CITY. In addition, if the APPLICANT shall be required to convey any utility easements to the
CITY, then the CITY shall require the subordination of any mortgage or lien held by any mortgagee or
lienholder having an interest in the Property. APPLICANT shall be responsible at its sole cost and expense for
obtaining the execution of a Consent and Joinder of Mortgagee/Lienholder, in a form approved by CITY, by
any such mortgagees or lienholders, or submitting to CITY one of the following documents: (i) an Affidavit of
No Lien, (ii) a Release and/or Satisfaction of Mortgage or Lien, or (iii) a letter from an attorney, with a valid
Florida Bar license to practice law, confirming that that there is no mortgage or lien on the Property.
APPLICANT must provide CITY with said Affidavit, Release and/or Satisfaction, or attorney letter upon
APPLICANT'S execution of this Agreement, as the CITY shall not execute this Agreement without receiving said
title -related documents from APPLICANT.
26. Assignment of Agreement — This Agreement shall run with the Property, and be binding upon
APPLICANT'S heirs, legal representatives, members,' assigns, and successors in interest. The assignment or
transfer of APPLICANT'S rights and obligations hero under is prohibited unless all of the following acts are
performed: i
Page 9 of 12 5191/041015
a. APPLICANT'S assignment is in writing and entered into with the same formality as this
Agreement; and
b. The CITY shall be a party to said assignment, and CITY'S approval of which shall not be
unreasonably withheld; and
c. APPLICANT shall remain liable to the CITY for APPLICANT'S responsibilities and obligations
under this Agreement unless such an assignment is made in strict compliance with this paragraph;
and
d. Provided that this Agreement is properly assigned, the CITY will execute a "Satisfaction of
Assignment," and the. costs for the recording of which in the Official Public Records of the Clerk of
the Court of St. Lucie County, Florida shall be paid by APPLICANT to CITY, in advance of CITY'S
execution of the Satisfaction of Assignment.
27. Repeal of Prior Agreements — Any and all prior agreements pertaining to the supply of utility
services to the Property are hereby cancelled and declared of no force and effect upon the subject real
property or the parties that are subject to this Agreement.
28. Rules and Regulations of Utility Services — The CITY shall have the right to promulgate and adopt
rules and regulations, from time to time, relating to the supply of utility services to the CITY'S customers and
users, including the APPLICANT and the Project Occupant(s) who shall become customers and users under this
Agreement. Such rules and regulations may relate to, but are not limited to, rates, deposits, connection
charges, capital charges and other fees, and the right to discontinue or terminate services under certain
circumstances. APPLICANT hereby acknowledges and agrees that the rates and regulations are subject to
change and APPLICANT shall bei responsible for full payment of any fees and charges assessed pursuant to the
promulgated rates and regulations governing at the time.
29. Invalid Provisions — In the event any term or provision of this Agreement is held illegal,
unenforceable or inoperative as a matter of law, the remaining terms and provisions will not be affected
thereby, but will be valid and remain in full force and effect so far as possible. If any provision of this
Agreement may be construed in two or more ways, one of which would render the provision invalid or
otherwise voidable or unenforceable and another of which would render the provision valid and enforceable,
such provision shall have the meaning which renders it valid and enforceable.
30. Governing Law — This Agreement is governed by and will be construed in accordance with the laws
of the State of Florida, and in the event of any litigation concerning the terms of this Agreement proper venue
thereof will be in St. Lucie County, Florida.
31. Recording — This Agreement or notice thereof shall be recorded by CITY in the Official Public Records
of the Clerk of the Court of St. Lucie County, Florida, and may be recorded by CITY in the minutes of the Clerk
Page 10 of 12 5191/041015
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of the City Council for Port St. Lucie, St. Lucie County, Florida. All preparation, review and recording fees for
this Agreement shall be the responsibility of the APPLICANT.
32. Effective Date —This Agreement is not binds g and of no force and effect until fully executed by both
the CITY and APPLICANT.
33. Entire Agreement — This Agreement contains the entire agreement between the parties hereto as it
pertains to the subject matter contained herein and shall supersede and take precedence over any and all
prior and contemporaneous agreements and understandings between the parties hereto, unless otherwise
stated. No additions, alterations, or variation of the terms of this Agreement shall be valid.
IN WITNESS WHEREOF, the CITY and APPLICANT have caused this Utility Service Agreement to be
executed on behalf of the respective entities, their successors and assigns, and shall run with the Property on
the day and year first above written, which shall be the date the last party signs this Agreement.
[REMAINDER OF PAGE
Y LEFT BLANK]
Page 11 of 12 5191/041015
AGREED TO BY APPLICANT this 17 day of _ Awx. . 20 15'
Print Name:3�90 A-4 1I HoR,
Title: Vim eR ?aAL lr-jr� and EvUinsenR+r�(�
Witnesses: (Two Required)
Print Name —�a�1 Zpoan
Signature)
STATE OF Ca )
ss
COUNTY OF )
Print Name:.,►d.,
Signature:
The foregoing instrument was acknowledged before me this day of 20 /5,
by &j4W 7-h-QM±t!j�j , as U��,��lf i, gnai ?�'P
(,) personally known to me or
( ) proven by producinn.g� the following identification
t%%ttt7t 111,1
4f�i,
. �4 :; Notary Signature
NOT A�pjf P 10
4 Z.
e'G Jo/a1. wAs -Q: % Print Name of Notary
AGREED TO BV44 fA '�`day of . 20
By:
Print Name:
Title:
STATE OF FLORIDA )
)SS
COUNTY OF ST. LUCIE )
The foregoing instrument was acknowledged before me this day of 20
by , as , for Port St. Lucie Utility Systems
Department of the City. of Port St. Lucie, who is personally known to me.
Notary Signature
NOTARY SEAL/STAMP
Print Name of Notary
Page 12 of 12 5191/041015
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Exhibit A
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Legal Deslcription
Project Name: Savanna Club Race Trac
I
Parcel I.D. # 3414-501-1915-160-1
A PORTION OF LOT 15, BLOCK 3, SECTI
EAST, AS SHOWN ON THE PLAT OF ST. L
THEREOF AS RECORDED IN PLAT BOOK 1,
LUCIE COUNTY, FLORIDA, DESCRIBED AS F
COMMENCING AT THE SOUTHEAST CORNE
WEST ALONG A PORTION OF THE SOUTH L
2723.33 FEET TO A POINT ON THE EAST
THENCE NORTH 27029'17" WEST ALONG
HIGHWAY NO. 1, A DISTANCE OF 849.8
THENCE CONTINUE NORTH 27029'17" WE
U.S. HIGHWAY NO. 1, A DISTANCE OF 3`
RIGHT OF WAY LINE OF SAVANNA CLUB BC
PLAT NO. 1, ACCORDING TO THE PLAT T
PAGE 7, OF THE PUBLIC RECORDS OF ST.
89040'18" EAST, A DISTANCE OF 287.17
CIRCULAR CURVE TO THE RIGHT; THENCE
THE ARC OF SAID CURVE, HAVING A RADI �
35003'50" AND AN ARC DISTANCE OF
CURVATURE OF A CIRCULAR CURVE TO T
THE ARC OF SAID CURVE, HAVING A R I
05024'08" AND AN ARC DISTANCE OF 55
DESCRIBED COURSES AND DISTANCES OF
WAY LINE OF SAVANNA CLUB BOULEVARD;
LINE PARALLEL TO AND 127.55 FEET WES
DISTANCE OF 253.93 FEET; THENCE NORTH
TO AND 89.29 FEET NORTH OF THE SOUT
342.03 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN
O
N 26, TOWNSHIP 36 SOUTH, RANGE 40
UCIE GARDENS, ACCORDING TO THE PLAT
PAGE 35, OF THE PUBLIC RECORDS OF ST.
OLLOWS:
R OF SAID 26; THENCE NORTH 89140'17"
INE OF SAID SECTION 26, A DISTANCE OF
RIGHT OF WAY OF U.S. HIGHWAY NO. 1;
SAID EAST RIGHT OF WAY LINE OF U.S.
0 FEET TO THE POINT OF BEGINNING;
ST ALONG SAID EAST RIGHT OF WAY OF
$7.83 FEET TO A POINT ON THE SOUTH
ULEVARD, AS SHOWN ON SAVANNA CLUB
HEREOF AS RECORDED IN PLAT BOOK 24,
LUCIE COUNTY, FLORIDA; THENCE SOUTH
FEET TO A POINT OF CURVATURE OF A
EASTERLY AND SOUTHEASTERLY, ALONG
US OF 326.85 FEET,, A CENTRAL ANGLE OF
200.03 FEET TO A POINT OF REVERSE
HE LEFT; THENCE SOUTHEASTERLY ALONG
ADIUS OF 590.00, A ' CENTRAL ANGLE OF
.63 FEET, THE LAST THREE (3) HEREIN
BEING ALONG THE SAID SOUTH RIGHT OF
THENCE SOUTH 00°04'57" WEST ALONG A
T OF THE EAST LINE OF SAID LOT 15, A
I 89040'19" WEST ALONG A LINE PARALLEL
H LINE OF SAID LOT 15, A DISTANCE OF
ST. LUCIE COUNTY, FLORIDA.
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Page I of 11
Utility He # 5191
PY141RIT R
PROPERTY MAP
PROJECT NAME: SAVANNA CLUB RACETRAC #1136
$AL
TRACT F -1 ANNq CLUeBO
SAVANNA CLUB PLAT NO. 130�RTOHrof AFV R
P T BOOK 24, PAGE 7
R, az,6 ,
S89'40'15"E 287.17' p-
00 .p
Qom` _645 2
6�.
PROPERTY
PORTION OF LOT IS, BLOCK 3
PLAT NO. 1 SAINT LUCIE
GARDENS
PLAT BOOK 1, PAGE 3S
3.24 ACRES t
POINT OF
BEGINNING
N89"40'19"W 342.03'
TRACT
TOWN PLACE PLAT NO.ONE
SOUTH LINE OF PLAT BOOK 53, PAGE 30
SECTION 26 - 36 - 40
N89°40'17"W
�26 25
35 ■ 36
c }CfnT,i'i
.ti
a OtylorANAjNe
Port St. Lucie Utility Systems Department
Utility Services Summary
Project Name: Savanna Club Race Trac
Plaza Name: N/A
Property Owner: Race Trac Petroleum, Inc.
Mailing Address: 3225 Cumberland Blvd-, Ste #100
Atlanta, GA 30339
Action(s) Requested: New Water/Sewer Capacity
900 SE Ogden Lane
Port St. Lucie, FL 34983
Phone: (772) 873-6400
Fax: (772) 871-7615
Utility File No.: 5191
Owner's Contact Person: Brian Thornton
Contact Phone No,: 770-431-7610
Contact E-Mail Address: dbrown(Mracetrac.com
Potable Water ERCs/Line Charges Reserved: 8.4
Wastewater ERCs/Line Charges Reserved: 8.4
PIT. T—M
I�I■�■>t■il•��il■
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1•l��uli■I
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For all meter size changes, the Property Owner shall be responsible for sizing, installation and certification of all new backfiow prevention
assemblies. Further, a signed, original backfiow certification shall be provided to PSLUSD for any new installation of a backfiow prevention
assembly.
The undersigned declares, under penalty of perjury, that s/he is the
owner, of the property identified above, and that the information pri
is understood that it is the responsibility of the property owner requ
size and/or ERC allocation change(s) will provide sufficient flow, pre
needs of the occupants of the property. It is also understood that st
and requested, then additional charges and fees for the review and
Implementation.
By signing below, the undersigned authorizes, confirms and agrees i
Including size and capacity assigned to each meter as shown on the
due to the City, as shown on the attached Invoice, and said fees mL
and bemire any refund or credit may be apt ed to the applicable Pr(
ar, or a duly authorized officer, agent or representative of the
I herein is accurate and true to the best of his/her knowledge. It
I the above -described action(s) to verify that the requested meter
and capacity to comply with any code requirements and meet the
subsequent changes to meter size and ERC allocation be desired
ssing of said future request(s) shall be paid prior to their
the Projects ERC allocation and identified locations of the meters,
rove table. Further, the undersigned agrees to pay any and all fees
be paid prior to implementation of new service and/or allocation,
act Account(s) with Utilities Customer Service/Billing Department
Date Signed
Property Owner/Agent Printed Name and Ti
63" o-CAi a- 5--1
Tax ID Number
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Ut0ity-Summary-Sheet-aml-Invoice Page 11 of 1
PSLUSD Doc No. 150
1
it City/orAtrAper'
Port St. Lucie Utility Systems Department
Invoice
900 SE Ogden Lane
Port St. Lucie, FL 34983
Phone:(772) 873-6400
Fax: (772) 871-7615
Invoice No: 51911041015
Invoice Date: 4/10/2015
Project Name: Savanna Club Race Trac
Utility File No.: 5191
Plaza Name: N/A
Owner's Contact Person: Brian Thornton
Property Owner: RacTrac Petroleum, Inc.
Contact Phone No.: 770-431-7600
Mailing Address: 3225 Cumberland Blvd. Ste #100
Contact E-Mail Address: dbrown racetrac.com
Atlanta. GA 30339
Potable Water ERC's Reserved: 8.4
Action(s) Requested: Brian Thornton
Wastewater ERCs Reserved: 8.4
Item Description
No.
Unit Price Quantity
Definer
Amount
1 Water Plant Capacity Reserved:
$1,257.00 7.4
ERCs
$9,301.80
2 Water Plant Capacity Previously Reserved:
$0.00 1.0
ERCs
3 Water Line Charge:
$535.00 7.4
ERCs
$3,959.00
4 Water Line Charge Previously Paid:
$0.00 1.0
ERCs
5 10 Months of Water Guaranteed Revenue:
$6.67 7.4
ERCs
$493.58
6 Wastewater Plant Capacity Reserved:
$2,131.00 8.4
ERCs
$17,900.40
7 Wastewater Line Charge:
$197.00 8.4
ERCs
$1,654.80
8 10 Months of Wastewater Guaranteed Revenue:
$14.26 8.4
EPICS
$1,197.84
9 Plan Review and Inspections (Base Fee)
$743.00 1
Base Fee
$743.00
10 Plan Review and inspections (per ERC)
$69.00 8.4
ERCs
$579.60
11 Agreement Recording Fees:
$10 first page, $8.50 thereafter 14
Pages
$120.50
12 PSLUSD Potable Water Construction Permit Fee:
$450.00 1
Each
$450.00
13 PSLUSD Wastewater Construction Permit Fee:
$450.00 1
Each
$450.00
Total Due Upon Receipt $36,850.52
*1.0 Water ERCs of capacity and line charges paid under St. Lucie County Agreement executed December 21, 1993.
t#; Date Paid: Amount Paid:$
X Westport 25% Surcharge Out of City Limits B YES Received By:
X NO
Glades
Information: Name: Race Trac Petroleum, Inc.
Address: 3225 Cumberland Blvd., Ste #100
Atlanta, GA 30339
Phone: 770-431-7600