HomeMy WebLinkAbout22020536- MEMORANDUMMAY-2-2005 09:27 FROM,REEPr 'ATRACTORS
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FROM:
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Utilities Depart
. 2300 Virginia Avenue
'Fort Fierce, FL. 34982
(772) 462-1150 Fax: (772) 462-1153
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MEMORANDUM
David [teed, feed Contractors
Heather Renella, Administrative Secretary
April 10, 20,03
SUBJECT: Grand Isle Developer Agreement
Enclosed please find one (1) original of the St. Lucie County Utility Services
Department North Hutchinson Island. District Developer Water and
Wastewater Service Agreement between St. Lucie County and Grand Isle of
North Hutchinson Island for your records.
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ST., LUCIE COUNTY UTILITY SERVICES DEPARTMENT
NORTH HUTCHINSON ISLAND DISTRICT
DEVELOPER WATER AND WASTEWATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this —. day
of , 200.3, by and between Grand Isle of North Hutchinson
Island, Ltd., a Florida limited partnership, hereinaf ter referred to as "Developer"
and ST. LUCIE COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "Utility".
WHEREAS, Developer owns or controls lands located in St, Lucie County,
Florida (the "Property"), as more fully described by legal description in Exhibit "A""
and as shown on Exhibit "B", attached hereto and made a part hereof as if fully set
out in this Agreement; and.
WHEREAS, the Developer• acknowledges and agrees that Utility has adopted
by legally valid and binding resolutions the St. Lucie County Utilities North
Hutchinson Island District Uniform Water and Wastewater Service Policy and
Reclaimed Water Protocol (the "Uniform Service Policy"), the St. Lucie County
Utilities North Hutchinson Island District Wafter and Wastewater Utility Uniform
Extension Policy (the "Uniform' Extension Policy) and Rates, Fees and Charges, as
amended from time to time, which have the force of law and govern the legal
relationship between,the Developer and Utility with respect to utility service
provided to Developer's Property; and
WHEREAS, the Developer acknowledges and that this contract for service
in no way entitles the Developer to land densities which are greater than those
allowed under the density provisions of the Comprehensive Plan of St, Lucie County,
or to development rights as may otherwise be regulated by the Board of County
Commissioners; and
NOW THEREFORE, for and in consideration of these premises, Developer
hereby covenants and agrees as follows:
1. Definitions. The definitions and references used in the Uniform
Service Policy and Uniform Extension Policy shall be used for the purpose of
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interpreting. the terms as used in this agreement and apply unless the context
indicates a different meaning,
2. Pa ent Upon execution of this Agreement, Developer shall be
responsible for the payment of guaranteed revenue fees in accordance with the
Uniform Extension Policy. In addition, Developer shall pay, in f ul1, connection
charges for all capacity reserved hereunder on the date of execution of this
Agreement as provided in the Uniform Extension Policy. The payment schedule for
Developer is set forth on Exhibit "C" to this Agreement.
3. E uivalent Residential Connections Reserved The parties agree that
the capacity needed to provide service to the Property is 35 equivalent residential
connections (ERCs) for water service and 44.10 equivalent residential connections
(ERCs) for wastewater service,
4. Reclaimed Water In consideration of the reservation of wastewater
treatment capacity under this agreement, Customer shall connect to the North
Hutchinson Island reclaimed water distribution system in accordance with the St.
Lucie County Utilities, North. Hutchinson Island District Reclaimed Water Protocol,
and ds may be amended from time to time.
5. On -Site Facilities., The Developer will install all on -site facilities as
shown on plans prepared by Velcon Group, Inc, being Project No. 01-025, dated
March 20, 2001, Said plans may be subject to revisions prior to final approval by
Utility,
6. Off -Site Facilities.,
Developer will install and convey to Utility in
accordance with. the Uniform Extension Policy off -site water and wastewater'and
reclaimed water facilities from the Property to a point of connection with existing
Utility mains with all appurtenances thereto (collectively the "Off --Site
Facilities") which shall be constructed at the approximate locations and along the
approximate routes depicted schematically on Exhibit "D". The plans and
specifications for the Off -Site Facilities shall be prepared and submitted to the
Utility for approval and all construction and conveyance of the Off -Site Facilities
shall be in accordance with the Uniform Extension Policy.
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7• �ase.� menu. Developer agrees to acquire as necessary,
conveyto Utility, � - ry, and grant and
ty, its successors and assigns, the exclusive right or privilege to
construct, own, maintain, alter, replace and operate the facilities -to be conveyed to
the Utility in, under, upon, over and across the present and future streets, roads,
alleys, easements, reserved utility strips and utility sites, and any public place as
provided and dedicated to public use in -the record plats, or as provided for in
agreements, dedications or grants made otherwise, and such right or privilege
being independent of said record plats. Mortgagees, or other parties if any,
holding prior liens on the Property or the Property encumbered by such easements
shall be required to release such liens, subordinate their position or join in the
grant or dedication of the easements or rights-cf-way.
Developer hereby further agrees that the foregoing grants include the
necessary right of ingress and egress to any pant of the Property upon which
Utility is constructing or operating such facilities; that the foregoing grants shall
be for such period of time as Utility or its successors and assigns require such
rights, privileges or easements in the construction, ownership, maintenance,
operation or expansion of the water and wastewater facilities, that in the event
Developer and Utility agree that Utility is to install any of its water or wastewater
facilities in lands within the Property lying outside the streets and easement areas
described above, then Developer or the owners shall grant to Utility, without cost
or expense to Utility, the necessary easement or easements for such "private
property" installation. The use of easements granted by Developer to .,Utility shall
preclude the use of other utilities of these easements, such as for cable television,
telephone, electric, or gas utilities, unless otherwise agreed to by Utility.
In the event Developer fails to actually deliver such easement(s), this
document shall serve as Utility's authorization to substitute this Agreement as a
recorded easement sufficient'for utilities needs,
B. Restrictive Covenant. Developer, as f urther consideration of this
Agreement, and in order to off ectuate the f oregoing grants to Utility, hereby
places the following covenant, as a covenant running with the land, upon the
Property and thereby subjecting it to a reservation, condition, limitation or
restriction in favor of Utility, as follows:
a. Utility, or its successors, has the sole and exclusive right to
provide all water and wastewater facilities and services to the Property described
in Exhibit "A" and to any property to which water and wastewater service is
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actually rendered by Utility. All occupants of any residence or commercial
improvement erected or located on the Property, and all subsequent or future,
owners or purchasers of the Property, or any portion thereof, shall receive their
water and wastewater service from the aforesaid Utility and shall pay for the
same in accordance with the rates, fees and charges adopted by Utility, the
Uniform Water and Wastewater Service Policy and the Uniform Extension Policy,
for so long as the aforesaid Utility provides such services to the Property; and, all
occupants of any residence or commercial improvement erected or located on the
Property and all subsequent or future owners or purchasers of the Property, or any
portion thereof, agree, by occupying any premises on the Property, or by recording
any deed of conveyance with respect to the Property, that they will not construct
or otherwise make available or use water and wastewater service from any source
other than that provided by the'Utility. However, there is excluded from this
restriction, any water well or water source used solely and exclusively for the
purpose of supplying water for air conditioning or irrigation on the Property,
b. Further, in order to give an additional and supplementary notice
to all the future owners of any of the Property of the rights of Utility to provide
the Property with water and wastewater facilities and services and receive
easements thereon, the Devel7'er
hereby covenants and agrees to have the above
restrictive covenant included nthe general subdivision restrictions and to place
the some of record in the Public Records of St. Lucie County, Florida,
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9• Notice. Until further!; written notice by either party to the other, all
notices provided for herein shall be in writing and transmitted by messenger, by
mail or by telefax, and if to Developer, shall be mailed or delivered to Developer
at:
Grand. Isle of North Hutchinson Island, Ltd.
Reed Contractors
258 West S.R. 434, Suite A
Longwood, FL. 32750 r
and if to the Utility at:
St. Lucie County Utilities Director
2300 Virginia Ave., Annex
Fort Pierce, Florida 34982
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St. Lucie County Administrator
.2300 Virginia Ave.; Annex
Fort Pierce; Florida 34982
St. Lucie County Attorney
2300 Virginia Ave., Annex
Fort Pierce, Florida 34982
MISCELLANEOUS PROVISIONS
10. Recordation of Agreement - Upon completion of execution of this
-Agreement by Developer and, Utility, Utility shall, at Developer's expense, cause
this Agreement to be,recorded with the Clerk of Court of St. Lucie County.
il. Venue of any action to enforce the terms of this Agreement shall be
in St. Lucie County if filed in state court and in the Southern District of Florida if
filed in federal court.
12. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior verbal
or written agreements between the parties with respect thereto, This Agreement
may only be amended by written document, properly authorized, executed and
delivered by both parties hereto.
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IN WITNESS WHEREOF, Developer and Utility have executed or have
caused this Agreement, with the named Exhibits attached, to be duly executed in
several counterparts, each of which counterpart shall be considered an original
executed copy of this Agreement,
WITNESSES:
W TNESSES•
UTILITY:
ST. 7-7 LUL.'r&COUNTY, FLORIDA
ADMINISTRATOR
APPROVED AS TO FORM AND CORRECTNESS
'A
V
Ar-A-COUNTY ATTORNEY
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DEVELOPER hip kLj5,0FM0MI� Hi�so� 4
Title:
MRY-2-2005 09:29 FROM:REE"-7NTRRCTORS 17724686919 7):462114e P:9/14
PROPERTY JOINDER AND CONSENT OF
OWNER (If Other Than Developer):
WITNESSES:
0
By.
Title:
Print Name
WITNESSES:
MORTGAGEE JOINDERf Applicable):
Regians/Ha k
By:
Title: sv P
Print Name
FOR DEVELOPER:
STATE OF
COUNTY OF
Sworn to and subscribed bE
Vicky Lee Lan
My GoMmIsslon D0127981
a a Fxolras Juno 24, 2=
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Personally Known,
Identif ication
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MAY-2-2005 09:29 FROM:REEP- iVTRACTORS 17724686919-"7:4621148
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FOR MORTGAGEE ,TOINOER,:
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STATE OF Cc
COUNTY OF
i
Sworn to and subscribed before me this 2-6day of 200 3,
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(Notary Public - 5tate of
Z.
(Print, Type, or Stamp Commissioned
Name of Notary Pub iG)
Personally Known__
Identification
FOR PROPERTY OWNER (If other than Developer):
STATE OF
. I
i
COUNTY OF
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.Sworn to and subscribed before me this day of _ 200
G:\jim\binkforms\dv-agree,bin
(Notary Public - State of l
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Personally Known
Identification
0
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Exhibit "A"
LEGAL DESCRIPTION.
BEING 1N THE. NORTH 300 FEET OF THE SOUTH 1258 FEET OF
GOVERNMENT LOT 1 1N FRACTIONAL, SOUTHEAST 1/4 OF SECTION 23,
TOWNSHIP 34 SOUTH, RANGE 40 LAST, ST LUCIE COUNTY. FLORIDA, LYING
EAST OF STATE ROAD A 1-A, AND ALSO BEING THE NORTH 300 FEET OF
THE SOUTH 1208 FEET OF FRACTIONAL SECTION 24, TOWNSHIP 34 SOUTH,
RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA.
ADDRESS: A-1--A
ST, LUCIE COUNTY, PLORIDA
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Exhibit °R"
BONI TA
ISLE
JACK ISLAND BL,VD.
JACKSON WAY SITE
FIRS STAVON �
WILDCAT
COVE x
. a
S. LfK IE'W CIR.
MARINA CDR.
LOCATION MAP
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EXHIBIT "C"
PAYMENT SCHEDULE
ST. LUCIE COUNTY UTILITIES
PROJECT NAME: GRAND IS1E NORTH HUTCHINSON ISLAND UTILITY DISTRICT
MULTI -FAMILY CONDOMINIUM CONSISTING OF 24 UNITS(Phose 1)
WATER TV tee amt.
WATER PLANT CAPACITY CHARGE:
36 ERCS X $1122.00 $39,270.00
BASIS: MULTI -FAMILY WITH 49 UNITS X 71.43%
WATER LINE CHARGE.
35 ERCS X $222.00 $1,770.00
WATER METER CONNECTION CHARGE
1- 4" METER X $ 4000.00 $4,000.00
TOTAL WATER CHARGES $51,040.00
SEWER:
SEWER PLANT CHARGE:
44.10 ERCS X $1485.00
$65,488.50
BASIS: MULTI -FAMILY WITH 49 UNITS X 90%
SEWER LINE CHARGE:
$14,112.00
44A0 ERCS X $320.00
TOTAL SEWER CHARGES:
$79,600.50
TOTAL WATER AND SEWER CHARGES:
$130,640,50
RECLAIMED WATER
CONNECTION FEE
$2,560.00
2" RECLAIMED WATER METER
$1,000.00
ACCRUED GUARANTEED REVENUE FI`ES:
WATER CHARGE: $20:28 X 35 ERCS X 12 MONTHS $8,517.60
SEWER CHARGE; $27.08 X44.10 ERCS X 12 MONTHS $14,330.76
TOTAL ACCRUED GUARNTEED REVENUE $22,848.36
GUARANTEED REVENUE FEES:
WATER CHARGE: $20.28 X 35 ERCS X 12 MONTHS $8,517.60
SEWER CHARGE: $27.08 X 44.10 ERCS X 12 MONTHS $14,330.76
$22,848.36
DOCUMENT RECORDING FEE (12 pages) $66.50
($6,00 FIRST PAGE AND $4.50 FOR EACH ADDITIONAL PAGE)
INSPECTION FEES: (PER UNIFORM EXTENSION POLICY)
(2% OF THE ENGINEER'S CERTIFIY CONSTRUCTION COSTS) $48,885.00 $977.70
MISCELLANEOUS CHARGES
ADMINISTRATION FEES ( PER UNIFORM EXTENSION POLICY) $250.00 paid
TOTAL CHARGES $180,930.42
Less previous ppyment for 12 ERC's ($43,945.04)
Total Due $136,985.38
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