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HomeMy WebLinkAboutWATER AND WASTEWATER SUPPLY AGREEMENT23-2009 15:15 TWIN OIL COMPANY 305 669 5470 P.02i17 r` Prepared by and Return to; Revised 01125107 Fort Pierce Utilities Authority SCVN Attn: R. N. Koblegard, III BY Courthouse Box 145 s WATER AND WASTEWATER SUPPLY AGREEMEX1 THIS AGREEMENT is made and entered into this � day of Jae 2008, by and between FORT PIERCE UTILITIES AUTHORITY (hereinafter referred to as "FPUA"), TWIN OIL COMPANY (hereinafter referred to as "Customer"), and Ralph D. Denuzzio, P.E. hereinafter referred to as "Project Engineer"). The Project name is INTERNATIONAL AIRPORT BUSINESS PARK OF ST. LUCIE COUNTY, LLC hereinafter referred to as the "Project")._ WITNESSETH: WHEREAS, FPUA is the governing body authorized to enter into agreements relating to the use of water and wastewater supply to the City of Fort Piece; and WHEREAS, the Customer owns property located in St. Lucie County, Florida, as more fully described in Exhibit, A attached hereto and made a part hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating the development of the Project; and WHEREAS, FPUA has determined that it is in the best interests of FPUA, its customers and the City of Fort Pierce to extend water and wastewater facilities to the Project; NOW, THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, the Customer, Engineer, and FPUA hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. System. - The Customer, FPUA and the Project Engineer have determined that the following facilities (hereinafter "the System) are required to serve the entire Project: 850 L.F. 8-INCH PVC WATER MAIN, ONE FIRE HYDRANT, 25 WATER SERVICES, 2-INCH FORCE_ MAIN WITH PRIVATE GRINDER STATION, in accordance with the approved plans for the System prepared by RALPH D. DENUZZIO, P.E. and submitted and accepted by FPUA. The customer requires an allocation of 18.08 water Equivalent Residential Connections (hereinafter ERCs) at 300 gallons per day and an allocation of 22.60 wastewater ERCs at 240 gallons per day and shall contribute to the FPUA emergency generator fund for the proposed lift station (s). Effective January 19, 2007, Accrued Guaranteed Revenue Charges (AGRC), according to Resolution No. U.A. 2006-10, Pages 4, 5, and Exhibit D of Resolution, shall be due in full at the time such Capital Improvement Charges are also payable. LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 JUL �23-TWIN OIL COMPANY 305 688 5470 P.03i17 Capital Improvement and Emergency Generator Charges as follows: 18.08 Water ERC5 at $1,841 per ERC = $ 33,285.28 22.60 Wastewater ERCs at $2,815 per ERC = $ 63,619.00 N/A Lift. Station Generator(s) at $5,000/ea = $ N/A Accrued Guaranteed Favenue Charges as follows: 18.08 Water ERCs at $149.09 per ERC = $ 2,695.55 22.60 Wastewater ERCs at $227,97 per ERC = $ 5,152.12 TOTAL $ 104,751.95 Payment of these Capital Improvement Charges, Emergency Generator Fee, and Accrued Guaranteed Revenue Charges in the total amount of $104,751.95 shall be submitted with this signed Agreement (Check No. 100, paid _July 11, 2008). In the event these allocations are found to be insufficient at any time, Customer will be liable for any and all fees, including but not limited to Capital Improvement Charges required for the additional demand. 3. Service Contingency - N/A. 4. Permits - Upon execution of this Agreement by FPUA, FPUA will sign FDEP general permits for the Project. FPUA will. sign FDEP Permit certifications when all applicable terms and obligations of this Agreement have been met by the Customer. 5. Title - Upon execution of this Agreement, the Customer, at its expense, agrees to furnish FPUA with a copy of the recorded Warranty Deed for the purpose of establishing ownership of the Property. Any mortgagee or lien holder having an interest in the Property will be required to execute a Consent and Joinder of Mortgagee/Lienholder in a form approved by FPUA counsel, subordinating its mortgage or lien to the utility easements contemplated in the foregoing Agreement. The Customer must either submit a title policy or a letter from an attorney licensed to do business in Florida confirming that either there is no mortgage or lien on the property or that any mortgage or lien holder has properly executed a Consent and Joinder of Mortgagee/Lienholder. The title policy or letter must be issued within thirty (30) days of the execution of this Agreement by FPUA. 6. Project Engineer - The Customer shall retain a registered professional engineer ("project Engineer") to perform all duties defined by this Agreement. The Project Engineer shall adhere to all FPUA Standards and Specifications provided to the public by FPUA in reference to construction of utilities and connection 'to FPUA's water and wastewater systems. 7. Easements - The Customer hereby grants and gives to FPUA the exclusive right and privilege to own, maintain, operate and expand the potable water and wastewater facilities in, under, upon, over and across the present and future streets, roads, .00ATION:305 688 5470 2 RX TIME 07/23 '09 12:00 23-2009 15:17 TWIN OIL COMPANY 305 663 5470 P.04i17 easements, reserved utility sites and public places as provided and dedicated to public use in the record plats, or as provided for in Agreement, dedications or grants made otherwise and independent of said record plats. Customer hereby further agrees that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which FPUA reasonably requests for the maintenance, operation or expansion of the potable water and wastewater facilities; that in the event FPUA is required or desires to install any of its potable water and wastewater facilities in lands within the Property lying outside the streets and easement areas described above, then Customer or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the necessary easement(s) for such installation, which easement(s) shall be recorded in, the Public Records of St. Lucie County, Florida; provided, all such installations by Utility shall be made in such a manner as not to interfere with the then primary use of the Property. Customer or the successor owner(s) shall obtain written approval from FPUA prior to installing any structure or object, including, but not limited to, fences, gates, signs, trees or poles, within an easement area. In consideration of FPUA,s consent to an encroachment, Customer or the successor owner(s) shall agree to indemnify and hold FPUA harmless from and against all liabilities or damages which may be imposed upon or asserted against FPUA as a result of or in any way connected to an encroachment approved by FPUA. In the event FPUA determines that it is necessary to construct, maintain, repair, remove or replace any of its facilities located under, over or upon an easement, the Customer or successor owner(s) of the portion of the Property affected shall immediately remove the encroachment from the easement upon the request of FPUA at Customer's or successor owner(s), sole cost and expense. If Customer or successor owner(s) fail to remove the encroachment, FPUA shall have the right to remove the encroachment from the easement. Customer shall pay all costs incurred by FPUA related to removing the encroachment from the easement. �. Construction - The Customer and Project Engineer shall furnish a complete set of design documents, plans and specifications of the System for review and acceptance by FPUA. The accepted design documents will serve as a basis for construction of the System. The Customer will solicit bids and negotiate a contract for construction, subject to evaluation, review and approval by FPUA. FPUA will also have the right to review and approve the acquisition and installation of materials. if FPUA determines there are deficiencies in the contract documents, materials or installation of materials, the Customer and the Project Engineer agree to take appropriate action to correct the deficiencies. The review and evaluation of bids .or contract documents by FPUA will not relieve the Customer or Project Engineer of any responsibilities and liabilities for defects in said contract documents, materials or installation of materials. 3 LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 3-2009 15:18 TWIN OIL COMPANY 305 638 5470 P.05i17 9. Submittals - Customer and. Project Engineer will furnish to FPUA accepted shop drawings, change orders, Project certifications, record drawings and reports of construction inspection by a FPUA- approved inspector. FPUA reserves the right to withhold connection or certification of any facility if any item is found to be in nonconformance with FPUA Standards and Specifications. 10. Record Drawings - Preparation of accurate record drawings, including all items set forth in FPUA Standards and Specifications, is the sole responsibility of the Project Engineer. Record drawings, signed and sealed by the Project Engineer, must be provided in accordance with FPUA Standards and Specifications. should major discrepancies or deficiencies be discovered at any time during record drawing process (as defined in FPUA Standards and Specifications), FPUA may, at its discretion, withhold services and/or file a notice with the Florida Board of Professional Engineers. 11. Offsite Improvements - Customer agrees to construct the System in accordance with the approved plans and specifications at its sole expense up to acceptance of the System by the FPUA, including but not limited to, fees and costs associated with the Project for consultants, testing, permitting, utility connections, surveying, legal, construction, - construction management, certification, bonds, warranties, record drawings or any other fees and costs required to complete the Project. The timely payment by Customer of all fees and costs in accordance with the terms set forth herein shall, be considered essential to the continued performance by FPUA of the terms and conditions of this Agreement. In order to ensure construction of the offsite improvements required for the System, the Customer shall provide FPUA with Security Exhibit "D" in the amount of $ N/A - SECURITY NOT RE UIRED, which represents one hundred percent (100%). of , the estimated construction costs of the required offsite improvements. Attached Exhibit "Cly sets forth the materials and installation costs of the offsite Improvements. Customer shall provide the Security within sixty, (60) days of the execution of this Agreement by FPUA. If Customer fails to commence construction of the Offsite Improvements as defined in Exhibit "B" and more specifically defined in the approved plans provided by Ralph D. Denuzzio, P.E. _within (180) days from the date of execution of the Agreement, FPUA may claim all monies secured by Exhibit "D", the approved offsite design provided by N/A - SECURITY NOT REQUIRED and all permits executed in conjunction with the Project in order to construct the offsite improvements without recourse from Customer or its successors or assigns. Any funds in excess of the actual construction cost shall be to the benefit of the Customer and shall be returned to Customer within sixty, (60) days of the certification and acceptance by FPUA of the Offsite Improvements. The Customer will be liable and responsible for 4 LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 15:19 TWIN OIL COMPANY 305 688 5470 P.06/17 any cost overruns or other amounts in excess of contract price. 12. Upsizi.ng by FPUA - In the event that the Project is upsized or extended to the benefit of FPUA, as follows: Extend 8" Water Main 220' @ southern terminus instead of a 4"-as required as described in Offsite Improvements, Exhibit "B"; FPUA, at its sole discretion, shall contribute an amount not to exceed $1,054.42 to the Project. The parties acknowledge that, in the event that FPUA contributions exceed $25,000.00, FPUA Board approval is required. Payment of the FPUA contribution shall be made to the Customer within sixty (60) days of acceptance of the Offsite Improvements by FPUA. 13. FPUA. Inspections - During construction of the System, FPUA may from time to time inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further shall be entitled to perform standard tests for pressure, infiltration, line and grade, and all other normal engineering tests to determine that the system has been installed in accordance with the approved plans and specifications. Complete as -built .plans, including hard copy and electronic media when utilized, will be submitted to FPUA upon completion of construction. 14. Project Engineer Inspections - In addition to FPUA inspections, the Project Engineer shall provide a qualified utility inspector to ensure that the approved design is adhered to and FPUA Standards and Specifications are met during construction. Inspectors must meet minimum qualifications as defined in FPUA Standards and Specifications. 15. Transfer of System to FPUA - Customer and Project Engineer will provide final cost and quantities to' FPUA prior to FPUA's acceptance of the System. Upon acceptance of the System by FPUA, FPUA hereby agrees to accept ownership of the System for operation and maintenance purposes. Such conveyance is to take effect upon the acceptance by FPUA of the installation, without further action by FPUA or the Customer. As further evidence of the transfer of title, upon the completion of the installation and prior to the rendering of service by FPUA, the Customer shall convey to FPUA by Bill of Sale, in form approved by FPUA's counsel, the complete on -site and off -site potable water distribution and wastewater collection system as constructed by Customer and approved by FPUA, along with documentation of Customer's costs of construction and Customer's No Lian Affidavit, in form approved by FPUA's counsel. Subsequent to the construction of the System and prior to receiving a meter(s) from FPUA, the Customer shall convey to FPUA all easements and/or rights -of -way covering areas in which potable water and wastewater lines are installed by a recordable document in a form supplied by FPUA. The Customer shall not have any present or future right, title, claim or interest in and to the potable 61 LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 15:20 TWIN OIL COMPANY 305 688 5470 P.07/17 i the parties, the Agreement will be automatically terminated, the provisions of this Agreement shall, be null and void and funds shall be disbursed based upon the formula stated previously in this section. 22. FPUA Regulation - Notwithstanding any provisions in this Agreement, FPUA may establish, revise, modify and enforce rules, regulations and fees covering the provision of potable water and wastewater service to the Property. Such rules, regulations and fees are subject to the approval of FPUA, and will be reasonable and subject to regulation as may be provided by law or contract. 23. Notices - All notices provided for herein shall be in writing and transmitted by mail or by courier, to the parties as set forth below: FPUA: Timothy E. Perkins, P.E. Director of Water and Wastewater Systems P.O. Box 3191 Fort Pierce, FL 34948-3191 Customer: Twin -oil Company 15300 N.W. 7`r' Avenue Miami, Florida 33169 Project Engineer: 1Ralph D. Denuzzio, P.E. 10591 S.W. Whooping Crane Way Palm City, Florida 34990 24. Agreement - This Agreement constitutes the entire Agreement between the Customer, FPUA and the Project Engineer. No additions, alterations or variation of the terms of this Agreement shall be valid, nor can either party waive provisions of this Agreement, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties hereto. This Agreement shall be governed by the laws of the State of Florida and shall become effective upon execution by the parties hereto. The venue for actions arising out of this Agreement is in St. Lucie County, Florida. 7 LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 -23-2009 15:21 TWIN OIL COMPANY 305 GeS 5470 P.08/17 [SIGNATURE PAGE - UNDER $25,000.001 IN WITNESS 'WHEREOF, the Customer, Project Engineer and FPUA have executed or have caused this Agreement to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this agreement. Witnes s: p Signa re of Witness Printed Name o Witness tness aze-- Signature of Witness Printed Name of Witness (FPUA) STATE OF FLO rD COUNTY OF FORT P RCE UTILITIES AUTHORITY By 1Al Willi m G. Thiess, Dir ctor ignature of Customer Printed Name of Customer Signatu o ojec Engineer Printed Name of 'Project'Engineer The foregoing instrument was acknowledged before me/this —' e5- day of �� 1f�� by • ��GV/ GC's �' on behalf of Fort Pierce Utilities Authority, who is personally known to me. \g\01IIf ill/y HAY S //16%,erp,G 'logo .' 11 4 Sig ature of Notary Printed Name of otary LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 15:22 TWIN OIL COMPANY 305 688 5470 P.09i17 0 (Customer) STATE OF FLORIDA COUNTY OF la cwyv.i .The foregoing instrument was acknowledged before me this \� day of ?-,.. r oa $ . by n1' � e.. s : � ....c4 0 �. •"'t`W � r. p �\ Gam, who is the si v��.h� Z.,,c of y, o Sr .5--N- ! 15�.c.. �taVrc�r� LLC. the Customer, on behalf of said company. He(she) is personally known to me. Ez- �MAyTpT,M�E���W 9ERN5State �(T"N� Fimwa vV,�lASbA EXON SW 29, 2010CatrrnWW # 00 557350ay W 6y NeftW Natpry A sn. (P—roject Engineezr) STATE OF FLORIDA COUNTY OF L�Z'& � - SignaatUre olf� Notary Printed Name of Notary The foregoing instrument was acknowledged nbefore me this day of J ►-� , a- 57' , by , who is the �rQ� `� ��+�tina,,� of Zr.�e�4.�-�`c'. .,c\ A�<G�r�. \S•�s\n•_aa �is4Z sa�r SN L.sC. , Proiect Engineer, on behalf of said company. He (she) is personally known to me. MATTHEW ERNSTEIN ,W" Pubk - state of F1odda C«mr"M E*w Sp 29, 2010 Conanfodon 0 DD 557= ,• ` lbf" By NtkQW NOINy Awn. L Signature of Notary Printed Name of Notary 10 LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 JUL1123-2009 15:22 TWIN OIL COMPANY 305 686 5470 P.10/17 Attached EK NA ❑ A ❑ ❑�B C�' ❑ C ❑ ❑� D ❑ YE Dist of Exhibits: Property Legal Description Offsite Utilities & 'Location Map Offsite Cost Estimate Example Bond (Security) Annexation Agreement x:\Forms\suppl.y agreement\Generic 01-24-07.doc -OCATION:305 688 5470 II RX TIME 07/23 '09 12:00 15:22 TWIN OIL COMPANY 305 688 5473 P.11i17' LEGAL DESCRIPTION Fuh Legal r SAN LUCIE PLAZA S/D-UNIT ONE- BLK 37 LOTS 1 THRU 18 AND N 1/2 OF VAC HAWTHORN RD ADJ ON S OF LOT 18-LESS N 30 FT OF LOT 1 AND LESS E 3 FT OF LOTS 1 THRU 18 FOR RD R/W AND LESS E 3 FT OF VAC HAWTHORNE RD- (MAP 14/32 N) (2.92 AC) (OR 2954-1547) LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 7V X 3 m 0 N W 0 co N 0 0 i� 100 TMN OIL COMPANY 15300 DTW 7th Avenue Miami Florida 33169 DATE OPAY TO THE RDER OF r-o,� 9j LU � DOLLARS �-': "' MANOMCEERM"7 40 TPN Cael.Wey 6rim�k,em - bawd, Ft avt�5-J2zt FOR � eve- ?rivui �v�� Tyri GG YM �p Il'000 kook" l:066009 I55e: 00 22 16 1406+E' ti c JUL23-2009 15:23 TWIN OIL COMPANY 305 688 5470 P.13i17 TWIN OIL COMPA: ! CoRA� W Y . �H 29644 15300 N.W. 7TH AVENUE: - 2720 CORAL WAY MIAMI, FLORIDA 33169-6287 MIAMI, FLORIDA 33145.3271 DADE (305) 688-9613 63-915/600 7/13/2009 1 (800) fi51-7003 . - PAY To THE: fort Pierce Utilities Authority $'*5,539.54 ORDER OF Five Thou and Five Hundred Thirty -Nine and 541100'`*"""` �""""""""""�`�'�"�"*""""'r"" "'""""'""`�`�""�`� DOLLARS Fort Pierce Utilities Authority P. ,O. Box 3'191 Ft. Pierce, R. 34948-3191 F^EMO COPY NOT NEGOTIABLE �. u10 29.;44o1 -1:066009 1551: 002067418061111 ,TWIN OIL CO Foci Date 71291200E pierce Utilities Authority Type Reference Bill 2009•int'I Total Banl 74806 VIN OIL COP PANY Fort ierce Utilities Authority Date Type Reference 7/29/2009' Bill 2009-Int'1 Total Ban 74806 577201 (3100) LOGAT I 0* 305 688 5470 7/13/2009 Original Amt. Balance Due Discount 5, W 54 5,539.54 Check Amount 7/13/2009 Original Amt. Balance Due biscount 5,539.54 .5,5.39.54 Check Amount RX TIME 07/23 '09 12:00 Paymen? 44 6,639.54 5,539.54 5,539.54 29644 Payment 5,539,54 �,539,54 5,539,54 r JUL�23-2009 15:24 TWIN OIL COMPANY Fort Pierce; Utilities Authority 5,00 Boston A' enue • Fort Pierce, F tn 50Attn: Lenter-Accounts Receivable hone 772-4 6-1600 ext 3281 TO: TWIN dIIL COMPANY 15300 NW 7 AVENUE M IAM l FL 33169 305 688 5470 P.14i17 INVOICE DOCUMENT # SALESOOOOOOD00187 BILLING DATE: JUNE 29, 2009 DUE DATE: JULY 29, 2009 For., GUARANTEED REVENUE CHARGES 1 11 DESCRIPTION I AMOUNT GUARANTEED REVENUE CHARGES: FOR PE IOD JUNE 25, 2008 THRU JUNE 25, 2009 WATER. 18.08 UNITS @ $105.24 WAST ATER — 22.60 UNITS @ $160.92 $1,902.74 3,636.80 TOTAL SALES TOTAL FREIGHT TOTAL MISCELLANEOUS TOTAL TAX TOTAL 1 $6,639.64 Make II checks payable to Fort Pierce Utilities Authority Paym �t is due within 30 days. If you I ave any questions concerning this Invoice, contact Lenora Vanater, 772-466-1600 ext 3281, Ivanati?r(@fDua.com LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 JUL- 3-2009 15:24 TWIN OIL COMPANY 305 688 5470 P.15i17 1 � 1 repared ' by and Return to; Revfsed OS/25/�7 Fort Pierce Utilities Authority Attn: R. N. Koblegard, III FPUA FINANCE Courthouse Box 145 j WATER AND VASTE'AMT= SUPPLY AGREEMF= ITHIS AGREEmZNT is made and entered into this day of g, 2008, by and between FORT PIERCE UT11;1T3:ES AUTHORITY (hereinafter .efexred to as "FPUA"), TWIN OIL COMPANY (hereinafter referred to Is "Customer"), and Ralph D. DenUzziof P.E. hereinafter referred to as 'Project Engineer"). The Project name is INTERNATIONAL AIRPORT BUSINESS ?ARK OF ST. LUCIE COUNTY, LLC hereinafter referred to as the "Project"). WHEREAS, FPUA is the governing body authorized to enter into greements relating to the use of water and wastewater supply to the ity of Fort Piece; and WHEREAS, the Customer owns property located in St. Lucie County, lorida, as more fully described in Exhibit A attached hereto and -made part hereof and hereinafter referred to as "Property", whezeupon the ustomer is contemplating the development of the Project; and WHEREAS, FPUA has determined that it is in the best interests of UA, its customers and the City of Fort Pierce to extend water and stewater facilities to the Project; NOW, THEREFORE, for and in consideration of these premises, the utual undertakings and agreements herein contained and assumed, the ustomer, Engineer, and FPUA hereby covenant and agree as follows: The foregoing statements are true and correct. System - The Customer, FPUA and the Project Engineer have determined that the following facilities (hereinafter "the System) are required to serve the entire Project: 950 L.F. 8-INCH PVC WATER MAIN,.,ONE FIRE HYDRANT 25 WATER SERVICES, 2--INCH FORCE MAIN WITH PRIVATE GRINDER STATION, in accordance with the approved plans for the System prepared by RALPH D. DENUZZIO, P.Z. and submitted and accepted by FPUA. The customer requires an allocation of 18.08 water Equivalent Residential Connections (hereinafter-ERCs) at 300 gallons per day and an allocation of 22.60 wastewater ERCs at' 240 gallons per day and shall contribute to the FPUA emergency generator fund for the proposed lift station(s). Effective January 19, 2007, Accrued Guaranteed Revenue Charges (AGRC), according to Resolution No. U.A. 2006-10, Pages 4, 5, and Exhibit D of Resolution, shall be due in full at the time such Capital Improvement Charges are also payable. LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 15:25 TWIN OIL COMPANY 305 68e 5470 P.16i17 the parties, the Agreement will be automatically terminated, the provisions of this Agreement shall be null and void and funds shall be disbursed based upon the formula stated previously in this section. 22. FPUA Regulation - Notwithstanding any provisions in this Agreement, FPUA may establish, revise, modify and enforce rules, regulations and fees covering the provision of potable water and wastewater service to the Property. Such rules, regulations and fees are subject to the approval of FPDA, and will be reasonable and subject to regulation as may be provided by law or contract. 23. Notices - All notices provided for herein shall be in writing and transmitted by mail or by courier, to the parties as set forth below: FPUA: Timothy E. Perkins, P.E. Director of Water and Wastewater Systems P.O. Box 3191 Fort Pierce, FL 34948-3191 Customer: Twin oil Com any 15300 N.W. 7 Avenue Miami, Florida 33169 Project Engineer: Ralph D. Denuzzio, P.E. 10591 S.W. Whooping Crane Way Palm City, Florida 34990 24. Agreement - This Agreement constitutes the entire Agreement between the Customer, FPUA and the Project Engineer. No additions, alterations or variation of the terms of this Agreement shall be valid, nor can either party waive provisions of this Agreement, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties hereto. This Agreement shall be governed by the laws of the State of Florida and shall become effective upon execution by the parties hereto. The venue for actions arising out of this Agreement is in St. Lucie County, Florida. 7 LOCATION:305 688 5470 RX TIME 07/23 '09 12:00 JUL}; 23-2009 15 : 26 TWIN OIL COMPANY �1 305 6eB 5470 P.17i17 water and wastewater facilities transferred to or owned by FPUA. Customer, through its counsel, will certify that Customer has the right to convey such easements or rights -of -way and further certifying FPUA's right to the continuous enjoyment of such easements or- rights -of -way for those puzposes as set forth in this Agreement. Warranty - The Customer agrees to assign to FPUA a one-year warranty for the System, warranting that the System is free of defects including deficiencies in or failure to the design, materials or installation. The warranty will begin on the date of final acceptance by FPUA. The warranty will provide, among other things, that the Customer will, upon notification by FPUA, correct any deficiencies as soon as possible or reimburse FPUA for any work performed by FPUA to correct the deficiencies. Ownership of System - The Customer agrees with FPUA that all potable water and wastewater facilities conveyed to FPUA for use in connection with providing potable water and wastewater service to the Property shall at all times remain in the complete and exclusive ownership of FpTiA, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have any right, title, claim or interest in and to such facilities, or any part of them, for any purpose. in addition, FPUA shall have the exclusive right and privilege to Provide potable water and wastewater services to the Property and to the occupants of each residence. or building constructed thereon. Meters - The Customer or its successors in title will be assessed the meter charges and deposits at the time the Customer is connected to the facilities. Customer,agrees to notify purchaser, of lots, if applicable, of the provisions of this paragraph. Guaranteed Revenge Charges - Guaranteed Revenue Charges Annual. Guaranteed Revenue Charges, as described in U.A. 2006-03, or current FPUA Resolution, will be assessed to all units not connected to water/wastewater services within one (1) year from the date of execution of this Agreement signed by FPUA. Annexation Agreement or Evidence Thereof - N/A Termination by Customer - In the event that the Customer wishes to terminate this Agreement by written request at any time, the Customer shall be entitled to a refund of an amount equivalent to one hundred percent of the Capital Impzovement Charges that were paid at the time of execution of this Agreement, without interest, minus an amount equivalent to five years Guaranteed Revenue Charges. The Customer shall be entitled to credit for any Guaranteed Revenue Charges already paid at the date of termination. If construction of the Project has not commenced within five years of the date of execution of this Agreement by TION:305 688 5470 6 RX TIME 07/23 '09 12:00 TOTAL P.17 j JUL 23-2009 15:14 TWIN OIL COMPANY 305 686 5470 P.01/17 To: Mario Gomez Fax: 954.427.3420 From: Matthew Bernstein Date: 7/23/2009 Re: International Airport Pages: 17 Water/Sewer CC: 0 Urgent ❑ For Review © Please Comment 0 Please Reply ❑ Please Recycle �k_.I • • • • • • • od rr" ario: g the Water & Sewer account information that you. requested. If you have any :scions please give me a call. mk you, tthew Bernstein .00ATION:305 688 5470 . . . . . . . . . . . . . . . . . . . . . . . . . . . . RX TIME 07/23 '09 12:00