HomeMy WebLinkAboutWATER SUPPLY AGREEMENT AMENDMENTPrepared by and Return to: �MtANN� Revised 11-02-2017
Fort Pierce Utilities Authority ��
Attn: R. N. Koblegard, III Courthouse Box 145 gtludeCou11ty
WATER AND IiJAST`c'WATER SUPPLY AGREEMENT AMENDMENT
THIS AGREEMENT AMEND"ENT (heseln referred to as "Amendment") Is made and
entered into this 7 day ofrl�c�✓19(�Elt-
�i, 2017, by and between FORT PIERCE
UTILITIES AUTHORITY (hereinafter referred to as "FPUA"), and REf9AR HOMES (MORNiNGSIDE),
LLC, (hereinafter referred to as "Customer"), and Culpepper & Terpening, Inc. hereinafter
referred to as "Project Engineer"). The Project name is MORNINGSIDE 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 Pierce; and
WHEREAS, the Customer owns property located in St. Lucie County, Florida, through a
Quitclaim Assignment 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
continued 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 modify the terms and conditions of the original water and wastewater
supply agreement described in Exhibit B; and
WHEREAS, the Customer has opted to utilize the Capacity Reduction Option whereby the
present Guaranteed Revenue Charge (.GRC) debt will be offset by the Initial capacity credits
allocated to the project pursuant to the provisions of Exhibit B, described in Exhibit D and fully
described below. Remaining capacity allocations will be addressed below.
WHEREAS, the customer agrees that upon execution of this Amendment, all terms and
conditions of Exhibit B, will be superseded by this Amendment and new supply agreements will
be required for future phases of 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. Project capacity - (Fully described in Exhibit D)
Page 1 of 11
Water - The customer requires an allocation of 126 water Equivalent Residential
Connections (hereinafter ERCs) to complete Phase 2A of the Project at 300 gallons per
day and the customer has 49_71 water ERC's currently entitled with the development
(based on payment of outstanding GRCs by the Capacity Reduction Option). Therefore,
the customer has a water ERC deficit of 76_29 water ERCs to complete this phase.
Wastewater - The customer requires an allocation of 126 wastewater ERCs at 240 gallons
per day and the customer has 195.94 wastewater ERC's currently entitled with the
development (based on payment of outstanding GRCs by the Capacity Reduction Option).
Therefore, the customer has a wastewater surplus of 69_94 wastewater ERCs that maybe
allocated to future phases of the project.
* The customer has elected to pay for deficit ERCs, at present day rate, on an as needed
basis (upon request to connect homes to FPUA's facilities). 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. System - The Customer, FPUA and the Project Engineer have determined that the
following facilities (hereinafter "the System") are required to serve Phase 2A of the
Project: onsite water distribution and wastewater collection system, in accordance with
the approved plans for the System prepared by Culpepper & Ternenine, Inc. and
submitted and accepted by FPUA.
4. Permits - FPUA will sign FDEP general permits for the Phase 2A of the Project when the
utility construction plans are reviewed and approved by FPUA and when all applicable
terms and obligations of this Amendment have been met by the Customer.
S. Title - Upon execution of this Amendment, 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 Amendment. 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
Amendment by FPUA.
6. Project Engineer - The Customer shall retain a registered professional engineer ("Project
Engineer") to perform all duties defined by this Amendment. 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.
Page 2 of 11
n
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,
easements, reserved utility sites and public places as provided and dedicated to public
use in the record plats, or as provided for in Amendment, 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 evert 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 pales, 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, All easements shall be
prepared and recorded by FPUA's attorney. All preparation, recording fees, etc, for
Easements that are for the benefit of the Customer shall be paid for by the Customer
directly to FPUA's attorney at the time of execution.
8. 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.
Approval of the design documents, plans and specifications is valid for one year from the
date of approval. FPUA reserves the right to require the resubmittal of the design
documents, plans and specifications if construction of the project has not commenced
within six months. 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,
Page 3 of 11
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. In the event that the
Project is to be constructed in phases, the Customer and Project Engineer shall furnish a
complete set of phasing plans for review and acceptance by FPUA. FPUA may not allow
phasing or may require modification to the submitted phasing plan to ensure that no
negative effects are placed on the FPUA water or wastewater system.
9. Submittals - Customer and Project Engineer will furnish to FPUA accepted shot) 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 responsibillty 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. 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. Completed record drawings, including hard copy and electronic
media when utilized, will be submitted to FPUA upon completion of construction.
12. Project Engineer Inspections - In addition to FPUA inspections, the Project Engineer shall
provide a qualifled 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,
13. 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
Page 4 of 11
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 Lien
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 farm supplied by FPUA. The
Customer shall not have any present or future right, title, claim or interest in and to the
potable water and wastewater facilities transferred to or owned by FPUA. The Customer,
through its counsel, will certify that the 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 purposes as set forth in this Amendment.
14. warranty— All parties understand that substantial portions of the System were installed
and not properly certified for operation through FDEP between 2005 and 2010 and
therefore the useful life of said System may be reduced. The Customer agrees to assign
to FPUA a three-year warranty for the System, warranting that the System is free of
defects including deficiencies in or failure to the design, materials or installation or any
other failures that may be attributed to the System sitting dormant. The warranty will
begin on the date of final acceptance by FPUA. The warranty will provide, among other
things, that the Customerwill, upon notification by FPUA, correct any deficiencies as soon
as possible or reimburse FPUA for any work performed by FPUA to correct the
deficiencies.
15. 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 FPUA, 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.
16. 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.
17. Guaranteed Revenue Charges - Annual Guaranteed Revenue Charges (GRCs), as
described in the 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
Amendment signed by FPUA. Failure to promptly pay FPUA invoiced GRCs is cause for
Termination. Customer agrees to notify purchaser of lots, if applicable, of the provisions
of this paragraph.
Page 5 of 11
1R. Annexation Agreement or Evidence Thereof -The Customer sh a I I, simultaneous with the
execution of this Agreement, execute an Annexation Agreement in the form attached
hereto as Exhibit "F" providing that the Property will be annexed Into the city limits of
the City of Fort Pierce, Florida, whenever such annexation may legally occur. The
Customer further agrees, for Itself, its successors and assigns, that it will sign any and all
necessary documents to effectuate the annexation upon request of the Clty of Fort Pierce
or FPUA. The Customer waives any and all objections to such annexation by the City of
Fort Pierce and agrees that this document, along with the Annexation Agreement in the
form attached hereto as Exhibit "F", shall be construed to satisfy requirements of law for
consent or approval of such annexation now or hereafter required. In the event that
individual lots are sold, the Customer shall be responsible for informing the purchasers of
such lots, in writing, that these lots are subject to the terms of annexation into the City of
Fort Pierce as defined in this Amendment. All Annexation Agreements shall be prepared
and recorded by FPUA's attorney, All preparation fees, recording fees, etc. for Annexation
Agreements shall be paid for by the Customer directly to FPUA's attorney at the time of
execution.
19. Termination - The Customer can terminate this Amendment by written request at any
time. With a minimum 30-day written notification, FPUA may terminate this Amendment
due to Customer's failure to pay GRC invoices. In the event of termination by the
Customer or FPUA, the Customer shall be entitled to a refund of an amount equivalent to
one hundred percent (100%) of the Capital Improvement Charges that were allocated to
the Project at the time of execution of this Amendment, without interest, minus an
amount equivalent to five years Guaranteed Revenue Charges, The refund calculation
applies only to Capital Improvement Charges for unconnected units at the time of
termination. The Customer shall be entitled credit for any Guaranteed Revenue Charges
already paid at the date of termination. Termination will also result in the forfeiture of
reserved capacity and may result in cancellation of the Florida Department of
Environmental Protection Permit. If construction of the Project has not commenced
within five years of the date of execution of this Amendment by the parties, the
Amendment will be automatically terminated, the provisions of this Amendment shall be
null and void and funds shall be disbursed based upon the formula stated previously in
this section.
20. FPUA Regullation - Notwithstanding any Provisions in this Amendment, 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.
21. Notices - All notices provided for herein shall be in writing and transmitted by mail or by
courier, to the parties as set forth below:
Page 6 of 11
FPUA:
John K. Tompeck, P. E.
Director of Utilities
P.O. Box 3191
Fort Pierce, FL 34948-3191
Customer:
Name: Renar Homes (Morninsside), LLC
Address: 3725 SE Ocean Blvd, Ste 101, Stuart. FL 34996-6715
Telephone: (772)692-7800 Fax: (772)692-9155
E-Mail: rhondarowe@renarhomes.com
Project Engineer:
Name: Culpepper & Terpenine, Inc.
Address: 2980 S 25rh St, Fort Pierce, FL 34981-5605
Telephone: (772)464-3537 Fax: (772) 464-9497
E-Mall: pferlandCact-eng.com
22. Amendment - This Amendment constitutes the entire Amendment between the
Customer, FPUA and the Project Engineer. No additions, alterations or variation of the
terms of this Amendment shall be valid, nor can either party waive provisions of this
Amendment, unless such additions, alterations, variations or waiver are expressed in
writing and duly signed by the parties hereto. This Amendment 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 Amendment is in St. Lucie County, Florida.
This Amendment shall run with the property in which it is proposed to serve and the terms
of this Amendment shall be considered binding to any assigns or heirs. This Amendment
shall be recorded by FPUA's attorney, All preparation and recording fees, etc., for the
Amendment shall be paid for by the Customer directly to FPUA's attorney at the time of
execution.
Page 7 of 11
JOINDER AND CONSENT OF MORTGAGEE/LIEN HOLDER
being the holder of that certain
lien or mortgage dated the day of I recorded
on in O. R. Book Page , Public Records of St.
Lucie County, Florida, hereby consents and subordinates its lien or mortgage to the utility
easements contemplated in the foregoing Water & Wastewater Supply Agreement Amendment.
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
LIEN OR MORTGAGE HOLDER:
By: _
Title:
Print Name:
The foregoing instrument was acknowledged before me this day of
by , who is the
Lien or Mortgage Holder, on behalf of said company. He (she) is personally known to me.
Signature of Notary
Printed Name of Notary
Page 8 of 11
IN WITNESS WHEREOF, the Customer, Project Engineer and FPUA have executed or
have caused this Amendment to be duly executed in several counterparts, each of which
counterpart shall be considered an original executed copy of this Amendrrient,
Witne
Signature of Witness,
11I
Printed Name of Witness
LL
Signature of WA ess
Duv, 4 Ntiyralf¢r
Printed Name of Witness
Signature of Witness
r�sbe, AV, cab rev
Printed Name of Witness
(FPUA)
STATE OF FLORIDA
COUNTY OF 5 % L 1.1
FORTPIERCEUTILITIES AUTHORITY
By: ' ' A. l r `i ,L✓1
Chairman -Signature & Print Name
Secretary -Signature & Printed Name
h do J96_0
Signature of Customer
RA4) Ad& , S iQZU) CJ
Printed Name of customer
Signa
t
ure of Project Engineer
Printed Name of Project Engineer
1.
n The foregoing Instrument was acknowledged before me this day of
2C1!'7.by iue� /k/�• Z r`.�(A-0
on behalf of Fort Pierce Utilities Authority, who are perso lilyknown to me.
Signature of Notary C
?yi4t'PJgp; FLONNBAIWYM/SL1pEltR'
Printed of :REs: AO gust K. 2018
%8%h°�• oeF OwnohryroEtCundem�Rea
Page 9 of 11
(Customer)
STATE OF FLORIDA
COUNTY OF rear `k 0
The foregoing instrument was acknowledged
before me this _AA day of
e aot • by Cc e5 r OW-e who is the
the Customer, on behalf of said company. He she Is a Ily knovm to me.
Sign tune of Notary
RL"1CMMLE A DURYSA /� n
:1a'oNal G§U87812 }�
t1 , Pnrearaprapa.2G21 Prl ted Name of Notary
1N a ROCWEI t� A. D49 -YEA
MY GOMMISSI0NUG0807812
EXPIRMApM04,2021
(Project Engineer)
STATE OF FLORIDAI
COUNTY OF ,- -Y- (..I I
The foregoing Instrument was acknowl�edd ad before me this 91"''t day of
tu�c;tl64i Zit by a/f lfk1c, ! Gy'/Cr,Yi� who Is the
J i-oI 0� of i it F(13C7J/1r`1' F
Project Engineer, on behalf of said compeny,Ce�bKls personally known to me.
Signature of Notary
L� NC::d lct fi"v(1C` 77
Printed Name of Notary
E
7WANA CORNETT
MY COMAAISSION80GO14882EXPIRES OCIaUer 28. 2020
Page 10 of 11
9
List of Exhibits:
Attached
NA
51
A Quitclaim Assignment (including legal description)
❑X
B Palm Breezes and Sunnyland Farms Original Supply Agreement
❑X
n
C Joint Notice Document Execution —ERC Credit Allocation: Centex
Homes and Sunnyland Farms, LLC
❑X
D Capacity Reduction Option Worksheet
E Utilities Assignment Agreement dated May 12, 2005
❑X
F Annexation Agreement
Page 11 of 11